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Articles by Douglas Ankney

Colorado Supreme Court: Warrant Allowing General Search of Cellphone Unconstitutional Violation of Particularity Requirement

The Supreme Court of Colorado held that a warrant authorizing a general search of Pamela Kay Coke’s cellphone was overbroad and violated the Fourth Amendment’s particularity requirement.

Fifteen-year-old T.F. told police Coke had sexually assaulted him. T.F. gave officers his cellphone, which contained messages from “Pam” apologizing ...

Kansas Supreme Court: District Court Failed to Apprise Defendant of Right to Jury Trial

The Supreme Court of Kansas held that a district court “failed to properly apprise [Bryan Richard] Harris of his right to a jury trial and failed to ensure that Harris understood the nature of the right he was giving up.”

Harris was transported to the Atchison County ...

South Carolina Supreme Court Overturns Murder Conviction Where State Presented Improper Testimony Regarding Trace DNA Evidence

The Supreme Court of South Carolina reversed Billy Phillips’ murder conviction because the State presented improper testimony regarding DNA evidence and provided information to the jury that was simply wrong.

Well-known drug dealer Darius Woods was found shot to death on his couch. His handgun — the ...

Iowa Supreme Court Announces That ‘Good Cause’ in Newly Amended Appeals Statute Means ‘a Legally Sufficient Reason’

The Supreme Court of Iowa announced that the words “good cause” in the newly amended appeals statute of Iowa Code § 814.6(1)(a)(3) means “a legally sufficient reason.”

Mercedes JoJean Damme pleaded guilty to two counts of theft in the third degree. The State agreed to seek no ...

Maine Supreme Judicial Court Vacates Conviction on Double Jeopardy Grounds

The Supreme Judicial Court of Maine vacated one of Ronald Paquin’s convictions for gross sexual misconduct on double jeopardy grounds and ordered the trial court to enter a judgment of acquittal on three additional counts.

Paquin served as the priest at the Roman Catholic Church in Haverhill, ...

Eleventh Circuit Vacates Firearm Conviction Based on Rehaif

Based on Rehaif v. United States, 139 S. Ct. 2191 (2019) (“Rehaif II”), the U.S. Court of Appeals for the Eleventh Circuit vacated Oniel Christopher Russell’s conviction of possessing a firearm and ammunition as an immigrant unlawfully in the U.S. in violation of 18 U.S.C. §§ ...

Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes

The Supreme Court of Washington determined that Alejandro Escalante was “in custody” and entitled to the warnings enunciated in Miranda v. Arizona, 384 U.S. 436 (1966), when he was detained for a search at the U.S.-Canada border.

Escalante and three friends were returning from a music ...

Dogs Can Detect One-Billionth of a Teaspoon of Gasoline

According to a recent study from the University of Alberta, trained dogs can detect gasoline in trace amounts as small as one-billionth of a teaspoon (or 5 pico-liters). “During an arson investigation, a dog may be used to identify debris that contains traces of ignitable liquids — ...

Missouri Shows Indifference to Human Life by Proceeding with Execution Amid Pandemic

The “Show Me” state showed indifference to human life by carrying out the death sentence of Walter Barton on May 19, 2020, at the state prison in Bonne Terre, Missouri. Neither the courts nor the governor would intervene.

Executions require interactions among large numbers of people. Court ...

FBI Provides Fitness App in Exchange for Users’ GPS Coordinates

During the coronavirus lockdown, the FBI is urging people to stay in shape by downloading its Fitness App. On March 23, 2020, the agency tweeted “download the FBI’s Physical Fitness Test app to learn proper form for exercises you can do at home like pushups and sit ...

 

 

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