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Articles by Douglas Ankney

Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed

The U.S. Court of Appeals for the Tenth Circuit reversed Fernando Miguel Samora’s conviction for being a felon in possession of a firearm because the U.S. District Court for the District of Utah gave the jury an erroneous instruction on constructive possession.

In May 2017, Samora borrowed ...

Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error

The U.S. Court of Appeals for the Second Circuit held that a district court’s failure to offer an explanation for its sentence was plain error in violation of 18 U.S.C. § 3553(c).

Gilberto Rosa pleaded guilty to conspiracy to commit wire fraud (Count One) and aggravated identity ...

Protecting Your Phone at Protests

EFF Releases Database that Tracks Law Enforcement’s Use of High Tech Surveillance Gear

by Douglas Ankney

The Electronic Frontier Foundation (“EFF”) partnered with Reynolds School of Journalism at the University of Nevada-Reno (“RSJ”), to release for use by journalists, academics, and the general public a database containing thousands of data points on over 3,000 sheriff’s offices and police departments nationwide. The Atlas of ...

SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination

Andrus, 18, was high on marijuana and PCP when he attempted a ...

Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination

Third Circuit: District Court Must Personally Address Defendant During Sentencing

A jury convicted Michael Scripps of seven counts of wire fraud for fraudulently transferring millions of dollars from the bank accounts ...

Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes

On January 22, 2018, Tom Lewis ...

Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura

Maxwell F. Jones was convicted following a ...

FBI Expands Ability to Surveil Social Media and Cellphone Location Data

by Douglas Ankney

May 26, 2020, demonstrations around the nation erupted over the police killing of George Floyd. Shortly afterwards, the FBI signed an expedited agreement to extend its relationship with Dataminr, The Intercept reported.

Dataminr is a company that monitors social media and had already had contracts with the ...

 

 

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