by Douglas Ankney
The Court of Appeal of California, Third Appellate District, explained the procedures to be followed in determining the appropriate relief when a conviction has been vacated based upon Senate Bill 1437 (“SB 1437”) and People v. Chiu, 325 P.3d 972 (Cal. 2014).
In 2000, Ricky ...
by Douglas Ankney
The Supreme Court of New Jersey rejected the “inevitable discovery doctrine” as being “a poor fit” for determining whether a second DNA sample could be obtained after a trial court determined that the first sample was unlawfully obtained. Instead, the Court announced a new test that is ...
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit reviewed for plain error and vacated Donald Eugene Walker’s conviction for brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c). Walker pleaded guilty to kidnapping in violation of ...
by Douglas Ankney
The U.S. Court of Appeals for the Fifth Circuit affirmed the decision of a district court that granted summary judgment to the plaintiffs in a § 1983 suit alleging that the practices of the judges (“Judges”) of the Orleans Parish Criminal District Court (“OPCDC”) violated the Due ...
by Douglas Ankney
The Supreme Court of Pennsylvania held that a court must find, based on a preponderance of the evidence, that a probationer violated a specific condition of probation or committed a new crime to be found in violation of probation.
In July 2015, Darnell Foster was sentenced to ...
by Douglas Ankney
The Supreme Court of Kentucky held that the Parole Board’s (“Board”) current conditional-freedom final revocation hearing procedures for post-incarceration supervisees violate an offender’s due process rights.
David Wayne Bailey was released from prison and placed on a five-year period of post-incarceration supervision. A condition of that supervision ...
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit vacated a special condition of supervised release that gave discretion to probation officers to completely ban the defendant’s use of a computer and of the Internet.
Michael Lyle Blair was convicted of possession of child pornography after police ...
by Douglas Ankney
In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit announced that a district court cannot sua sponte raise a defendant’s waiver of the right to seek relief under 18 U.S.C. § 3582(c)(2) and deny the defendant’s motion for resentencing on that ...
by Douglas Ankney
Republican Governor Doug Burgum of North Dakota recently signed House Bill 1286, “which seriously curtails law enforcement agencies’ ability to arrest somebody, take his or her property, and attempt to keep what they seized for themselves even when they cannot prove an underlying crime,” according to reason.com. ...
by Douglas Ankney
The Court of Appeals of Maryland held that where a circuit court imposed on remand a sentence of equal maximum length as the former sentence, but required a longer period of incarceration before parole eligibility than the former sentence, the new sentence was “more severe” for purposes ...
