by Douglas Ankney
The New York City Police Department (“NYPD”) has members who made the “naughty list” of the Bronx District Attorney’s Office. The heavily redacted list — obtained October 7, 2019 by the New York Post through a Freedom of Information Request — names 75 current and …
by Douglas Ankney
The Supreme Court of Nevada held that a district court must instruct the jury on voluntary manslaughter when requested by the defense so long as it is supported by some evidence, even if that evidence is circumstantial.
Late one night in Las Vegas, witnesses …
by Douglas Ankney
The Supreme Court of Hawai’i ruled that when police communicate a deliberate falsehood about the results of a polygraph test during interrogation the falsehood is an extrinsic falsehood that is coercive per se, and any subsequent inculpatory statements are inadmissible at trial.
Keith T. …
by Douglas Ankney
In 2016, California voters legalized marijuana. They also approved a proposition that allowed the state to expunge past pot convictions. But the law places many hurdles in the path of expungement.
“The way the legislation was written really kind of puts it all on …
by Douglas Ankney
On November 4, 2019, the Supreme Court of Colorado announced clarifications and modifications to proportionality reviews of habitual-offender sentences.
Belinda May Wells-Yates was found guilty of second-degree burglary, conspiracy to commit second-degree burglary, theft, possession with intent to sell or distribute 7 grams or …
by Douglas Ankney
The Supreme Court of New Jersey held that a confession is not voluntary when police induce a suspect to confess by saying to him, “Telling the truth will set you free,” assuring him he will not go to jail but instead will receive counseling and …
by Douglas Ankney
The U.S. Court of Appeals for the Eleventh Circuit held that conspiracy to commit Hobbs Act robbery is not a crime of violence as defined by 18 U.S.C. § 924(c)(3).
In 2014, Michael Brown pleaded guilty to conspiracy to commit Hobbs Act robbery in …
by Douglas Ankney
On remand from the Supreme Court of the United States (“SCOTUS”), the U.S. Court of Appeals for the Eleventh Circuit held that in the particular facts and circumstances of James McWilliams’ sentencing, the Alabama sentencing court’s violation of the provisions of Ake v. Oklahoma, 470 …
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 …
by Douglas Ankney
Municipalities and insurers are spending more in costs and payouts from law enforcement misconduct claims, but it appears that the total number of claims is dropping.
The rise in costs may be attributed to the heightened public focus on holding police accountable. “In the …