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Articles by Douglas Ankney

Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense

In June 2014, Michael Glenn was charged with Terroristic Threatening in the First Degree. Upon motion of defense counsel, the circuit court ...

Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online

A few days after a shooting at Arapahoe High School, students from Littleton High School (“LHS”) got into an argument on Twitter with students from Thomas Jefferson High School (“TJHS”). ...

Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer

As a sheriff’s deputy attempted to pull Young over, he drove his vehicle onto a nearby ...

Kentucky Supreme Court: Trial Court’s Ex Parte Discussion With Juror About Offered Bribe Was Structural Error

Eversole was tried by jury on charges of first-degree fleeing or ...

Tear Gas: Soldiers Prohibited From Using It in Warfare but Cops Using It Against Peaceful Protesters

A main chemical in tear gas is 2-chlorobenzylidene malonitrile, or “CS.” CS ...

Tenth Circuit: Deputy ‘Trying to Help’ Doesn’t Make Search Permissible Under Community Caretaking Exception to Warrant Requirement

The U.S. Court of Appeals for the Tenth Circuit ruled that a deputy trying to help a woman retrieve her belongings by opening the lid to a camper did not make a subsequent warrantless search lawful under the community-caretaking exception to the warrant requirement.

Deputy Buddy Clinton ...

Report Finds NYPD Officers Accidentally Deploy Tasers 25% of the Time

A recent report found that officers in the New York Police Department (“NYPD”) fired their Tasers 995 times in 2018. Of those incidents, 224 times the use of the Tasers was unintentional.

Retired NYPD Captain John Eterno, now director of graduate studies in criminal justice at Malloy ...

California Supreme Court: § 459.5(b) Prohibits Charging Shoplifting and Theft for Same Property

The Supreme Court of California held that California Penal Code § 459.5(b) prohibits charging both shoplifting and theft for the same property, even in the alternative.

Anthony Lopez exited a Walmart pushing a cart containing merchandise valued at $496.37. An asset protection officer confronted him, and Lopez ...

Massachusetts Supreme Judicial Court: GPS Monitoring Unreasonable When It Doesn’t Further Any Governmental Interest

The Supreme Judicial Court of Massachusetts ruled that imposition of GPS monitoring as a condition of bail was an unreasonable search because the monitoring did not further any legitimate governmental interest.

In July 2015, Eric Norman was charged in Boston Municipal Court with possession of a Class ...

Seventh Circuit Reverses Denial of Motion to Suppress Because Police Lacked Reasonable Suspicion to Frisk

The U.S. Court of Appeals for the Seventh Circuit reversed the decision of the U.S. District Court for the Northern District of Illinois that denied Anthony Howell’s motion to suppress, holding that police lacked reasonable suspicion to frisk him.

Chicago Police Officers Sean Kelly and Christopher Miller ...

 

 

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