by Douglas Ankney
Division One of the Fourth Appellate District of the California Court of Appeal ruled that an unoccupied vehicle left running in a driveway satisfied neither the “emergency aid exception” nor the “exigent circumstances exception” to justify the warrantless search of a residence. The Court further ruled that ...
by Douglas Ankney
Officers from an elite division within the Los Angeles Police Department (“LAPD”) are under investigation regarding allegations that they falsified reports and listed some innocent people as gang members.
LAPD Police Chief Michel Moore announced in January that he was seeking to fire one officer for his ...
by Douglas Ankney
According to St. Louis Public Radio, police in Missouri abused a civil asset forfeiture scheme to seize at least $2.6 million from motorists during traffic stops in 2018.
St. Charles County cops stopped people for minor traffic violations and directed the drivers to a private lot owned ...
by Douglas Ankney
While forensic scientists have, for more than a hundred years, been able to opine that a fingerprint came from a particular person, the limitations of science did not permit them to state when the fingerprint was left by that person.
But that limitation may have been recently ...
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit held that a district court judge violated Ionel Muresanu’s Fifth Amendment right to be tried only on charges brought by indictment when the judge modified the jury instructions to permit conviction on offenses not charged in the indictment. ...
by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) ruled that when a defendant argues before the trial court for a sentence shorter than that sought by the Government the defendant has preserved for appeal purposes his claim that the longer sentence ultimately imposed was greater than necessary ...
by Douglas Ankney
The New York Court of Appeals ordered that the defendant (not identified by name) be resentenced because the trial court had imposed an enhanced sentence based on testimony from the improperly unsealed record of a trial on another criminal charge that had resulted in an acquittal.
Defendant ...
by Douglas Ankney
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, ...
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 ...
by Douglas Ankney
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., ...
