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Articles by Douglas Ankney

Sixth Circuit: Cardiologist’s Right to Due Process Violated Where District Court Ordered Government to Not Disclose Third Party’s Expert Evaluation of Medical Care Provided by Him

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit ruled that cardiologist Richard E. Paulus’ Fifth Amendment right to due process was violated when the district court ordered the Government to not disclose to Paulus a third party’s expert evaluation of medical care Paulus had provided to ...

California Court of Appeal: Senate Bill 1437 Abrogates ‘Natural and Probable Consequences Doctrine’ in Attempted Murder Prosecutions and Applies Retroactively to Cases on Appeal

The Court of Appeal of California, Fifth Appellate District, held that Senate Bill 1437 (“SB 1437”) abrogates the “natural and probable consequences doctrine” in attempted murder prosecutions, and this holding applies retroactively to cases on appeal.

After being physically threatened by four men at a local park, ...

Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Insufficient Evidence

The Supreme Judicial Court of Massachusetts reversed Jean Carlos Lopez’s murder conviction because the evidence was insufficient to establish beyond a reasonable doubt that Lopez knowingly participated in the killing with the requisite intent.

When Lopez and Erving Cruz arrived at a convenience store around 11:30 p.m., ...

New Fingerprint Test Can Distinguish Whether Person Ingested Cocaine or Only Touched It

Forensic researchers from the University of Surrey in southeast England have revealed they can examine fingerprints to determine whether a person has ingested cocaine or merely touched cocaine. In 2017, Melanie Bailey and her team utilized a new test that used high-resolution mass spectrometry (“HRMS”) to examine ...

North Carolina Supreme Court Announces Defendant Can Forfeit Right to Counsel by Egregious Misconduct; Trial Court May Forgo Compliance with N.C.G.S. § 15A-1242

In a case of first impression in the Supreme Court of North Carolina, the Court announced that when a defendant forfeits the right to counsel, a trial court may forgo compliance with N.C.G.S. §15A-1242 (required court inquiry before allowing defendant to proceed without assistance of counsel).

Jeffery ...

Big Brother Is ... Tracking You

In these Orwellian times, the Detroit Police Department (“DPD”) has obtained a cell-site simulator (“CSS”). It’s a surveillance technology that locates and tracks phones by mimicking cellphone towers.

The DPD bought the technology for $622,000 and began using it in October 2017. From January 1, 2018, through ...

Georgia Supreme Court Reverses Dismissal of Second State Habeas Petition

The Supreme Court of Georgia reversed the Walker County Superior Court’s dismissal of Joseph Samuel Watkins’ second petition for writ of habeas corpus.

Watkins was convicted in 2001 of felony murder, and his conviction was affirmed on appeal to the Georgia Supreme Court in 2003. Watkins subsequently ...

Citizens in California Can No Longer be Prosecuted for Refusing to Risk Their Lives Assisting Police

In 2014, Norma and Jim Gund were tricked by a Trinity County sheriff’s deputy into responding to a 911 call that the deputy said was “weather related.” Instead, the Gunds were confronted by a maniac who had just murdered two of their neighbors, and Norma was viciously ...

In the Criminal Justice System, Big Brother Gets Bigger Every Day

by Douglas Ankney

According to a report by sciencefriday.com, one in every two American adults is in a law enforcement facial recognition network. Most adults have unwittingly consented to the release of their photos that they have uploaded to social media, including dating sites.

While it’s impossible to determine the ...

City of Grand Rapids to Pay Marine $190,000 After He Was Unlawfully Detained as ‘Illegal Foreign National’

According to November 14, 2019, news reports from dailykos.com and nytimes.com, the city of Grand Rapids, Michigan, will pay $190,000 to former U.S. Marine Jilmar Ramos-Gomez after he was illegally detained by Immigration and Customs Enforcement (“ICE”) for three days.

Ramos, who suffers from PTSD, was arrested ...

 

 

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