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Articles by Douglas Ankney

California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferrer

by Douglas Ankney

The Court of Appeal, Sixth Appellate District, held that a trial court has authority to deny a request for a continuance of a motion to suppress under California Penal Code § 1050(e) even if the decision may foreseeably result in dismissal of the prosecution. (All statutory references ...

FBI Gives Green Light for Use of Rapid DNA Solution in Booking Stations

by Douglas Ankney

Thermo Fisher Scientific’s Applied Biosystems Rapid HIT ID DNA Booking System was approved by the FBI for use by law enforcement booking stations to automatically process, upload, and search DNA reference samples from qualifying arrestees against the U.S. National DNA Index System (“NDIS”) database.

Joanie Brocato, former ...

Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims

by Douglas Ankney

In a case of first impression, the Supreme Court of Pennsylvania held that a driver who leaves the scene of an accident involving death or personal injury before being statutorily excused may be punished for only one violation of 75 Pa.C.S. § 3742 (requiring driver of any ...

Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit held that only one conviction may result under 18 U.S.C. § 922(g) for a single incident of firearm possession, even though the defendant may belong to more than one disqualified class.

Joshua Grant shot his ex-girlfriend after a ...

Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof

by Douglas Ankney

The Supreme Court of Montana held that Kasey Lee Secrease’s trial attorneys were ineffective under both the U.S. and Montana Constitutions for failing to object to an incorrect jury instruction that lowered the State’s burden of proof.

Trooper Charles Burton arrested Secrease for DUI. Because Secrease refused ...

New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded

by Douglas Ankney

The Supreme Court of New Jersey held that the right of privacy under Article 1,Paragraph 7, of the New Jersey Constitution protects recorded calls made on a police stationhouse telephone from warrantless seizure in the absence of fair notice that the conversation is being monitored or recorded, ...

Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment

by Douglas Ankney

On rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit concluded that the Aerial Investigation Research (“AIR”) program—a first of its kind aerial surveillance initiative—enabled police to deduce the whole of individuals’ movements. Therefore, accessing its data is a search, and its warrantless ...

California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home

by Douglas Ankney

The California Court of Appeal, First Appellate District, ruled that the coercive atmosphere created by police during a prearrest interview of a teen suspect in his own home made it a custodial interrogation requiring advisement of rights pursuant to Miranda v Arizona, 384 U.S. 436 (1966), ...

California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes

by Douglas Ankney

The California Court of Appeal, Fifth Appellate District, held that Superior Courts are to consider only the elements of a juvenile’s prior adjudicated felony and not the juvenile’s conduct when considering a petition to recall his sentence under California Penal Code § 1170(d)(2)(B).

David Lee Harring, Jr., ...

Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption

by Douglas Ankney

The U.S. Court of Appeals for the Third Circuit ruled that mere physical proximity of guns and drugs to each other is insufficient for automatic application of the U.S. Sentencing Guidelines (“U.S.S.G.”) § 2 K2.1(b)(6)(B) enhancement under the U.S. Sentencing Commission’s Commentary Note 14(B) for a drug-trafficking ...

 

 

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