by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) held that in jury trials of criminal cases the verdict must be unanimous to convict the defendant, overruling Apodaca v. Oregon, 406 U.S. 404 (1972).
Evangelisto Ramos was convicted of a serious crime in Louisiana by a jury ...
by Douglas Ankney
In a case of first impression for the Supreme Court of Michigan, the Court announced that the affirmative defense of duress may be asserted in a prosecution for felony murder if such defense is available for the underlying felony, overruling People v. Gimotty, 549 N.W.2d 39 (Mich. ...
by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) determined that “no insanity rule in this country’s heritage was ever so settled as to tie a State’s hands centuries later” and held that Kansas did not violate due process by failing to “adopt an insanity test turning on ...
by Douglas Ankney
The U.S. Court of Appeals for the Second Circuit held that a habeas petition is not moot where it attacks an earlier order that is inactive but gave rise to a current active order restricting the petitioner’s liberty.
In December 2007, Steven Janakievski attacked a coworker with ...
by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) whittled away at Fourth Amendment protections by holding that when a police officer has knowledge that the driver’s license of a vehicle’s registered owner has been revoked this gives rise to an inference that the driver is likely the ...
by Douglas Ankney
During this COVID-19 crisis, state and local authorities are ordering people to shelter in place, banning large gatherings, and closing businesses. These restrictions are implemented under traditional police powers that allow designated officials to take emergency actions to protect the public’s health, safety, and welfare during a ...
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit ruled that the evidence was insufficient to support John Terry Chatman, Jr.’s conviction of obstruction of justice by attempting to kill a witness.
Chatman was walking around the corner of the Trade Winds Hotel when two officers from ...
by Douglas Ankney
The Supreme Court of Delaware clarified the meaning of “mixture” as the term is used in Delaware’s Uniform Controlled Substances Act (“Act”).
Police recovered from the person of Darren Wiggins a vial containing an amber liquid and brown chunks. Wiggins was ultimately charged with several offenses, including ...
by Douglas Ankney
The Supreme Court of Colorado ruled that Edward Kevin DeGreat had no duty to bring himself to trial and ordered his charges dismissed with prejudice for violation of his right to a speedy trial.
In October 2018, the Supreme Court of Colorado affirmed the court of appeals’ ...
by Douglas Ankney
The Supreme Court of Pennsylvania ruled that the defendant was denied the effective assistance of counsel where a Spanish-language interpreter was not secured for the first day of trial and that counsel’s failure to do so triggered the application of the presumption of prejudice articulated by the ...
