by Douglas Ankney
The Supreme Court of Pennsylvania concluded that Article I, Section 10 of the Pennsylvania Constitution, prohibition against double jeopardy, bars retrial because the prosecutor’s misconduct that evinced a conscious disregard for a substantial risk of harm deprived the defendant of his right to a fair trial.
In ...
by Douglas Ankney
The Supreme Court of Indiana announced a new analytical framework for reviewing claims of substantive double jeopardy, overruling Richardson v. State, 717 N.E.2d 32 (Ind. 1999).
A jury convicted Jordan Wadle of Operating a Vehicle While Intoxicated Causing Serious Bodily Injury (“OWI-SBI”), OWI Endangering a Person, ...
by Douglas Ankney
The U.S. Court of Appeals for the Fifth Circuit reversed Thaddeus Beaulieu’s felony criminal contempt conviction based on the prosecutor’s remarks that rose to the level of prejudicial misconduct.
During an interview with FBI Agent Steven Rayes, Beaulieu identified various individuals in carjackings and bank robberies. Rayes ...
by Douglas Ankney
The U.S. Court of Appeals for the Ninth Circuit ruled that the passage of eight months from the time of the unlawful seizure of Nikolay P. Bocharnikov until he gave his statement to law enforcement did not sufficiently attenuate the statement from the seizure.
In July 2017, ...
by Douglas Ankney
Division Eight of the California Court of Appeal for the Second Appellate District held that a trial court abused its discretion when it excluded evidence of a homicide victim’s prior violent acts.
Neil Efren Delrio exchanged gunfire with his cousin, Raul Prieto. According to Delrio (the only ...
by Douglas Ankney
The Supreme Court of New Jersey ruled that a defendant has a right to question a cooperating witness about a plea deal and the witness’ possible sentencing exposure before accepting that deal even if the witness’ exposure was the same as the defendant’s. At the heart of ...
by Douglas Ankney
The Supreme Court of Missouri held that a circuit court erred when it excluded testimony from Kane Carpenter’s expert witness relating to the accuracy of witness identifications.
In October 2016, a young white man (“Victim”) was approached by two black men, hoodies pulled low to cover their ...
by Douglas Ankney
The Supreme Court of California reversed the murder conviction and death sentence of Paul Nathan Henderson because the police continued to question him after he made an unambiguous request for counsel.
Henderson was arrested on July 5, 1997, in connection with a home invasion of a mobile ...
by Douglas Ankney
Ring is Amazon’s “smart” doorbell camera company that allows video cameras within users’ doorbells to surveil their porches, sidewalks, yards, and even the streets next to their homes. But Ring has also partnered with some law enforcement agencies, enabling police to directly email requests to Ring’s customers ...
by Douglas Ankney
The Supreme Court of New Hampshire held that N.H.R. Crim. P. 14(b)(2)(A) does not allow trial courts to require that defendants identify evidentiary support for a noticed defense.
Michael Munroe was a prisoner at the Rockingham County House of Corrections when he became involved in a fight ...
