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Articles by Douglas Ankney

Will Police Recruitment Crisis Prompt Change in Behavior?

by Douglas Ankney

When schoolchildren were asked what they wanted to be when they grew up, a frequent answer used to be “a policeman.” But apparently that’s no longer true. Sixty-six percent of police departments across the U.S. reported a decline in applications, according to a survey of 400 law ...

7th Circuit Instructs District Court to Grant Federal Prisoner’s Habeas Based on § 2255(e) Savings Clause

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit reversed a district court’s judgment and remanded with instructions to grant a federal prisoner’s 28 U.S.C. § 2241 habeas petition seeking resentencing based on the savings clause of 28 U.S.C. § 2255(e).

In 2009, Deandre Beason pleaded guilty ...

Massachusetts Supreme Judicial Court Explains Procedures of G. L. c. 278A and Rules That a Claim of Self-Defense Is a Claim of Factual Innocence

by Douglas Ankney

The Supreme Judicial Court of Massachusetts explained the procedures for filing and adjudicating a motion brought under G. L. c. 278A, which allows those convicted access to forensic and scientific testing of evidence that could potentially prove their innocence, and ruled that a defendant convicted of manslaughter ...

California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64

by Douglas Ankney

In September 2013, William Roy Boatwright was arrested while exiting a house later discovered to contain 107 pounds of marijuana, 60 pounds of marijuana shake, a vacuum-sealing device, drug paraphernalia, and four grams of methamphetamine. Boatwright told officers he was helping a friend package marijuana inside the ...

$13.1 Million Settlement Reached by Actor Framed for Murder

by Douglas Ankney

The Board of Supervisors of San Francisco approved a settlement of $13.1 million in a claim brought by a man who had spent more than six years in prison after police framed him for murder. The decision was unanimous.

In 2010, aspiring actor and hip-hop artist Jamal ...

Colorado Supreme Court Announces That the People Cannot Withdraw From a Plea Agreement After the Trial Court Rejects Stipulated Sentence

by Douglas Ankney

The Supreme Court of Colorado announced that the People cannot withdraw from a plea agreement after the trial court accepts the defendant’s guilty plea but rejects the stipulated sentence contained in the agreement.

Christopher Anthon Mazzarelli entered into an agreement with the People whereby he pleaded guilty ...

SCOTUS: SOL Governing § 1983 Claim Asserting Fabrication of Evidence Begins to Run on Date Criminal Proceedings Are Terminated in Complainant’s Favor

by Douglas Ankney

The Supreme Court of the United States (“SCOTUS”) held that the statute of limitations for Edward McDonough’s 42 U.S.C. § 1983 claim alleging that he was prosecuted using fabricated evidence began to run when the criminal proceedings against him terminated in his favor.

McDonough processed absentee ballots ...

New Jersey Supreme Court: Prosecution May Appeal Drug Court Sentence Only When Sentence Is Illegal

by Douglas Ankney

The Supreme Court of New Jersey held that the State cannot appeal a “special probation Drug Court sentence” unless the sentence is illegal.

Susan Hyland was driving drunk when she struck and killed a 16-year-old boy. Hyland fled the scene. After she was indicted on three charges, ...

Taking Notes Influences Jurors’ Verdicts

by Douglas Ankney

Research from the University of Liverpool published in PLOS ONE reveals the impact notetaking by jurors has on their ability to recall evidence and on their verdicts.

Participants in a study had their handwriting speed, short-term memory, working memory, and attention assessed. They then watched a video ...

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 ...

 

 

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