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Articles by Douglas Ankney

Colorado Supreme Court Announces That Claims of Insufficient Evidence Not Preserved at Trial Are Subject to De Novo Review on Appeal

by Douglas Ankney

In two separate cases, the Supreme Court of Colorado announced that claims challenging the sufficiency of evidence are to be reviewed de novo on appeal even when the claims were not preserved at trial.

In the first case, David Lewis McCoy invited “P.K.” and “G.M.” to his ...

Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court

by Douglas Ankney

The Supreme Court of Indiana held that a superior court abuses its discretion when it refuses to allow an attorney to make an offer of proof when the attorney has done nothing to delay or abuse the trial process.

In 2011, the Marion Superior Court sentenced Anthony ...

Massachusetts Supreme Court Holds Statute Requiring GPS Monitoring of Probationers Convicted of Sex Offenses Unconstitutional ‘as Applied’

by Douglas Ankney

The Supreme Judicial Court of Massachusetts held that Massachusetts General Law, chapter 265, § 47 (“G.L. c. 265, § 47”), is overinclusive and is unconstitutional as applied to Ervin Feliz in requiring him to be subject to Global Positioning System (“GPS”) monitoring as a condition of his ...

Record Number of Exonerations Prompts Michigan AG to Create Conviction Integrity Unit

by Douglas Ankney

Few nightmares can equate with being an innocent person wrongly convicted and incarcerated.

Since innocence projects began appearing in the 1990s, dozens of prisoners in Michigan have been exonerated. In 2017 a record number—14—were exonerated, according to the National Registry of Exonerations. This prompted Michigan Attorney ...

$21 Million Settlement for Wrongfully Convicted Man Released After 39 Years in Prison

by Douglas Ankney

Simi Valley, California, and a wrongfully convicted man who spent nearly four decades in prison have reached a $21 million settlement.

Craig Coley was convicted of the 1978 murders of Rhonda Wicht and her 4-year-old son Donald. Wicht had been raped. Prosecutors sought the death penalty, but ...

Police, Prosecutor Misconduct Continues Unabated as Evidenced by Record Number of Exonerations in 2018

by Douglas Ankney

According to an analysis of the National Registry of Exonerations performed by the Death Penalty Information Center, a record 151 exonerations were reported in 2018. Victims of wrongful homicide convictions accounted for 68 exonerations. The overwhelming majority of wrongful convictions were obtained by police/prosecutorial misconduct (107) or ...

Wisconsin Supreme Court Holds That Statute Doesn’t Require Habeas Petitioner to Plead Timeliness, Overruling Smalley v. Morgan

by Douglas Ankney

The Supreme Court of Wisconsin held that neither Wisconsin Statute (“Wis. Stat”) § (Rule) 809.51 nor principles of equity impose a “prompt and speedy” pleading requirement in a habeas petition. In so doing, the Court overruled State ex rel. Smalley v. Morgan, 565 N.W.2d 805 (Ct. ...

Fifth Circuit: Confrontation Clause Violated When Officer’s Testimony Relates Incriminating Information Received From Non-Testifying Informant

by Douglas Ankney

The U.S. Court of Appeals for the Fifth Circuit ruled that when a testifying officer relates the statement of a non-testifying confidential informant that facially incriminates a defendant, it violates the defendant’s Sixth Amendment right to confront witnesses against him.

Coy Marshall Jones was arrested on May ...

Ninth Circuit: Running From Police Alone Doesn’t Give Rise to Reasonable Suspicion Justifying Stop and Frisk

by Douglas Ankney

The U.S. Court of Appeals for the Ninth Circuit held that running from police, by itself, does not provide reasonable suspicion to justify stopping and frisking the person.

Sandra Katowitz — an employee of the YWCA in the Belltown neighborhood of Seattle, Washington — called 911 and ...

Georgia Supreme Court Announces New Evidence Code Abrogates Categorical Exclusionary Rule of Mallory

by Douglas Ankney

On May 6, 2019, the Supreme Court of Georgia held that the categorical exclusionary rule first announced in Mallory v. State, 409 S.E.2d 839 (Ga. 1991), is no longer the law in Georgia because the rule was abrogated by the “new” evidence code that took ...



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