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Articles by Douglas Ankney

Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit vacated the U.S. District Court for the District of Wyoming’s imposition of a “Sexual Materials Prohibition” and a “Mental Health Condition” upon Monty Englehart’s supervised release because the district court failed to make appropriate findings and provide adequate ...

Council of State Governments Initiates Efforts to Reduce Barriers to Employment for the Formerly Incarcerated

by Douglas Ankney

The Council of State Governments Justice Center (“CSGJC”) initiated efforts to reduce employment barriers for people with criminal histories. Recognizing that nearly 25% of all jobs in the U.S. require some type of government-issued license, 10 state legislatures adopted laws that expand licensing opportunities for people with ...

New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool

by Douglas Ankney

The Court of Appeals of New York reversed an order of the Appellate Division that had affirmed a trial court’s order denying a hearing requested pursuant to Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), and the Court remitted to the trial court to ...

California Court of Appeal: Trial Court Must Receive Parole Agency’s Written Report Before Ruling on Parole Revocation Petition for Lifetime Parolee Despite Remand to Prison Being Mandatory

by Douglas Ankney

The Court of Appeal, First Appellate District, held that Penal Code § 1203.2(b)(1) requires trial courts to receive a parole agency’s written report before ruling on a parole revocation petition and that there is no exception for a petition filed against a lifetime parolee.

Jerry Denton Williams, ...

Maine Now Requires Criminal Conviction Before Property May Be Forfeited

by Douglas Ankney

Maine passed LD 1521 without the governor’s signature to become the fourth state in the nation to abolish civil asset forfeiture, requiring instead a criminal conviction before property may be forfeited. The law took effect July 13, 2021. “It’s a very simple concept; you don’t lose your ...

West Virginia Supreme Court: Defendant Who Provided False Information to Detective Who Failed to Identify Himself as Police Officer Has No Duty to Cure False Statement Upon Learning Detective Is a Police Officer

by Douglas Ankney

The Supreme Court of Appeals of West Virginia ruled that a person who provided false information to a detective who failed to identify himself as a police officer had no duty under City of Martinsburg Municipal Code § 509.05 (“§ 509.05”) to cure the prior false statement ...

Tenth Circuit: Judgment of Conviction Becomes Final for § 2255 SOL Purposes Upon Conclusion of Direct Review of Deferred Restitution

Answering an open question, the U.S. Court of Appeals for the Tenth Circuit held that a judgment becomes final for purposes of 28 U.S.C. § 2255’s statute of limitations upon conclusion of direct review of the deferred restitution judgment.

On October 26, 2017, the U.S. District Court for the Western ...

Minnesota Supreme Court: Depraved-Mind Murder Requires Mental State of Generalized Indifference to Human Life, Which Cannot Exist Where Defendant Kills With Particularity

by Douglas Ankney

The Supreme Court of Minnesota held that the mental state necessary for a depraved-minded murder, Minn.Stat. 609.195(a) (2020), is a generalized indifference to human life, which cannot exist when the defendant’s conduct is directed with particularity at the person killed. To the extent that State v. Mytych ...

Pennsylvania Supreme Court Announces Smell of Marijuana Alone No Longer Establishes Probable Cause to Conduct Warrantless Vehicle Search

by Douglas Ankney

The Supreme Court of Pennsylvania held that the smell of marijuana, by itself, no longer creates probable cause to justify a warrantless search of a vehicle during a traffic stop.

After observing a vehicle fail to come to a complete stop at a stop sign, Pennsylvania State ...

Idaho Supreme Court Announces Prospectively Testimony by Drug Recognition Expert Requires State to Comply With Expert Witness Disclosure Requirements of Rule 16(b)(7)

by Douglas Ankney

The Supreme Court of Idaho announced, “that henceforth, testimony from drug recognition expert requires the state to comply with the expert witness disclosure requirements set forth in Idaho Criminal Rule 16(b)(7).”

Timothy Dacey was arrested on suspicion of Driving under the Influence (“DUI”), but a subsequent breath ...



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