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Articles by Douglas Ankney

White Cop Gets 10 Years for Murder; Black Kid Gets 10 Days for Oversleeping

by Douglas Ankney

Former white police officer Amber Guyger murdered her black neighbor and was sentenced to 10 years in prison. In contrast, 21-year-old Deandre Somerville, a black college student from Palm Beach County, Florida, committed the offense of oversleeping and arriving late for jury duty.

Somerville …

Prosecutors Transform Due Process into ‘Dues Processed’

by Douglas Ankney

Criminal justice reform advocates often espouse pretrial diversion programs. These programs permit accused citizens to pay a fee and take a class or two in exchange for dismissal of the charges and a clean record.

The prosecutor doesn’t have to spend time or resources …

Sixth Circuit Vacates Sentence Because District Court Relied on Uncharged Shooting Allegation for Upward Departure from Sentencing Guidelines Range

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit vacated the sentence of Andre D. Hatcher, Jr. because the district court relied on an uncharged shooting allegation as a reason for imposing a sentence that was an upward departure from the Sentencing Guidelines range.

Washington Supreme Court Remands for Resentencing Where State Failed to Prove Criminal History

by Douglas Ankney

In an enbanc decision, the Supreme Court of Washington reversed and remanded for resentencing where the State failed to prove a defendant’s criminal history beyond a reasonable doubt.

A jury convicted Brandon Cate of burglary, theft, and malicious mischief in Okanogan County Superior Court. …

Washington Supreme Court Affirms Reversals of Murder Convictions, Overrules Townsend

by Douglas Ankney

In these consolidated cases, the Supreme Court of Washington overruled State v. Townsend, 15 P.3d 145 (Wash. 2001), and affirmed, albeit on different grounds, the decision of the Court of Appeals reversing the felony-murder convictions of Michael Bienhoff and Karl Pierce.

Before Washington legalized …

Ninth Circuit Affirms Habeas Relief Where Counsel Failed to Present Mitigating Evidence at Penalty Phase

by Douglas Ankney

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s judgment granting habeas relief to Jesse James Andrews because his attorneys failed to present extensive and compelling mitigating evidence at the penalty phase after a jury found him guilty of capital crimes.

Georgia Supreme Court Reverses Conviction for Failure to Give Accomplice-Corroboration Jury Instruction

by Douglas Ankney

The Supreme Court of Georgia reversed the convictions of Matthew Doyle because the trial court failed to charge the jury on the requirement for corroboration of accomplice testimony.

At Doyle’s murder trial, Keith Richardson testified that he picked up Lewis Parks and Doyle in …

California Court of Appeal Invalidates Title 15 § 3490(a)(5) of the California Code of Regulations

by Douglas Ankney

Division Five of the Second Appellate District of the California Court of Appeal granted Mohammad Mohammad’s petition for writ of habeas corpus and ordered the California Department of Corrections and Rehabilitation (“CDCR”) to treat as void and repeal the California Code of Regulations (“Cal. Code …

Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal

by Douglas Ankney

The Supreme Court of Ohio held that the State must raise in the trial court a claim that a defendant lacks standing to contest the admission of seized evidence. If the State fails to raise the claim in the trial court, the State is foreclosed …

Nation’s First-Ever Nonprofit Forensics Laboratory Coming to Utah

by Douglas Ankney

The Utah Cold Case Coalition (“Coalition”) announced in November 2019 that it is building Intermountain Forensics — the first nonprofit forensics lab in the United States. The Coalition is headed by Salt Lake attorney Karra Porter and was formed in 2017 to spotlight the 1995 …

 

 

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