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Articles by Douglas Ankney

Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process

by Douglas Ankney

The U.S. Court of Appeals for the Fifth Circuit affirmed the decision of a district court that granted summary judgment to the plaintiffs in a § 1983 suit alleging that the practices of the judges (“Judges”) of the Orleans Parish Criminal District Court (“OPCDC”) violated the Due ...

Pennsylvania Supreme Court: Probationer Must Violate Specific Condition of Probation or Commit New Crime to Be Found in Violation

by Douglas Ankney

The Supreme Court of Pennsylvania held that a court must find, based on a preponderance of the evidence, that a probationer violated a specific condition of probation or committed a new crime to be found in violation of probation.

In July 2015, Darnell Foster was sentenced to ...

Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional

by Douglas Ankney

The Supreme Court of Kentucky held that the Parole Board’s (“Board”) current conditional-freedom final revocation hearing procedures for post-incarceration supervisees violate an offender’s due process rights.

David Wayne Bailey was released from prison and placed on a five-year period of post-incarceration supervision. A condition of that supervision ...

Tenth Circuit Vacates Special Condition of Supervised Release That Gave Probation Officers Discretion to Ban Computer and Internet Usage

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit vacated a special condition of supervised release that gave discretion to probation officers to completely ban the defendant’s use of a computer and of the Internet.

Michael Lyle Blair was convicted of possession of child pornography after police ...

Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction

by Douglas Ankney

In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit announced that a district court cannot sua sponte raise a defendant’s waiver of the right to seek relief under 18 U.S.C. § 3582(c)(2) and deny the defendant’s motion for resentencing on that ...

New North Dakota Law Arrests Cops’ Ability to Seize Property

by Douglas Ankney

Republican Governor Doug Burgum of North Dakota recently signed House Bill 1286, “which seriously curtails law enforcement agencies’ ability to arrest somebody, take his or her property, and attempt to keep what they seized for themselves even when they cannot prove an underlying crime,” according to ...

Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’

by Douglas Ankney

The Court of Appeals of Maryland held that where a circuit court imposed on remand a sentence of equal maximum length as the former sentence, but required a longer period of incarceration before parole eligibility than the former sentence, the new sentence was “more severe” for purposes ...

Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential

by Douglas Ankney

In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit held that the text of the Sexual Offense Registration and Notification Act (“SORNA”) does not permit a court, when applying the categorical approach to determine sex offender tier levels, to conduct a ...

Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit announced that something more than psychological coercion is required before a sentencing court can apply the two-level enhancement of U.S.S.G. § 2B3.1(b)(4)(B).

Jacob Kirk invited Joshua Herman to Kirk’s house in Hammond, Indiana. Samantha Daniels, Kirk’s mother, was ...

New Hampshire Supreme Court: State’s Armed Career Criminal Statute Applies Only When Qualifying Convictions Arise From at Least 3 Separate Criminal Episodes

by Douglas Ankney

The Supreme Court of New Hampshire held that the state’s armed career criminal statute (codified at RSA 159:3-a) applies only to persons whose qualifying convictions arise from three or more separate criminal episodes.

Jonathan Folds allegedly sold 50 grams of heroin to a “cooperating individual” (“CI”). Based ...



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