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Articles by Douglas Ankney

Utah Supreme Court Explains Community Caretaker Exception to Warrant Requirement and Grants Motion to Suppress of Defendant Convicted of DUI Found Sleeping in Parked Car at 24-Hour Restaurant

by Douglas Ankney

The Supreme Court of Utah explained the community caretaking exception to the warrant requirement and reversed the Court of Appeals’ (“COA”) affirmance of a district court’s denial of Brett Smith’s motion to suppress evidence obtained without a warrant or applicable exception to the warrant requirement in violation ...

Fifth Circuit Orders Limited Remand Where District Court’s Denial of First Step Act Relief Unclear

by Douglas Ankney

The U.S. Court of Appeals for the Fifth Circuit ordered a limited remand where the U.S. District Court for the Western District of Texas denied Gabriel Perez’s petition under § 404 of the First Step Act of 2018 (“FSA”) without adequately explaining its reasons.

Perez was convicted ...

Californians Now Have Say in Whether Their Local Police Force Looks Like a Military Outpost

by Douglas Ankney

With the passage of A.B. 481, Californians have a say as to whether their local police agency looks like a military outpost.

For years, the U.S. military has given local law enforcement agencies weapons of war that are designed to engage foreign adversaries on the battlefield, including ...

California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final

by Douglas Ankney

The Court of Appeal of California, First Appellate District, ruled that Glenn Douglas Crites was entitled to consideration of his motion to have the trial court correct the record transmitted to the Department of Corrections and Rehabilitation (“DOCR”) under Penal Code § 1203.01(a).

Crites was convicted in ...

New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation

by Douglas Ankney

The Supreme Court of New Jersey reversed the convictions of Laura Gonzalez because a detective failed to clarify Gonzalez’s ambiguous request for counsel during her interrogation and because the trial court allowed inadmissible testimony from witnesses.

In 2017, police questioned Gonzales – after providing her with warnings ...

Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred

by Douglas Ankney

The Supreme Court of Ohio held that 2018 House Bill 228’s (“H.B. 228”) amendment to R.C. 2901.05 — which shifts the burden of proof on self-defense to the prosecution — apply to all pending and new trials that occur on or after the effective date (March 28, ...

New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution

by Douglas Ankney

In a case of first impression, theNew Mexico Supreme Court (“NMSC”) announced that judicial misconduct may bar retrial under the double jeopardy clause of the New Mexico Constitution.

Henry Hildreth, Jr., was charged with several offenses, including felony aggravated battery against a household member with great bodily ...

Understanding Environmental Effects on Blowflies Permits Fine-Tuning of Evidence Revealed From Fly Colonization of Decomposing Bodies

by Douglas Ankney

Forensic investigators have long used the well-known stages of blowfly development found on bodies post mortem to determine the amount of time that has elapsed since death. However, that standard of measurement is misleading when the temperatures around the body are outside the moderate range.

For example, ...

New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home

by Douglas Ankney

In consolidated cases presenting an issue of first impression, the Supreme Court of New Jersey announced the framework for determining the lawfulness of a warrantless protective sweep of a home where the arrest is made outside of the home.

In the first case, a superior court issued ...

First Circuit: Procedurally Unreasonable for District Court to Base Upward Variance on Defendant’s Prior Arrests

by Douglas Ankney

The U.S. Court of Appeals for the First Circuit vacated, on the basis of procedural reasonableness, the U.S. District Court for the District of Puerto Rico’s sentence imposed upon Jean C. Torres-Melendez because the District Court’s upward variance from the calculated advisory Guidelines range was based on ...



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