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Articles by Douglas Ankney

Minnesota Supreme Court: Even With a Warrant, Forced Anoscopy Is Unreasonable Search

by Douglas Ankney

The Supreme Court of Minnesota ruled that forcing a suspect to undergo an anoscopy to retrieve a baggie from his rectum was an unreasonable search even though police had obtained a warrant permitting the procedure.

Guntallwon Karloyea Brown was arrested after an informant made …

Private Companies Use DNA Profiles to Snitch on Customers and Their Families

by Douglas Ankney

Most DNA testing companies will not provide customer data to law enforcement unless there is a lawful court order. But FamilyTreeDNA distinguishes itself by not just permitting police to access its consumer data but also relishes in doing so. In a company ad, the father …

Sixth Circuit Announces § 2244(B)(1) Doesn’t Apply to Successive § 2255 Petitions and Rules That If the District Court Relied on Residual Clause of ACCA When Determining Prior Conviction Qualified as Predicate Felony, Then Sentence Cannot Stand

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit announced that limitation of 28 U.S.C. § 2244(b)(1) doesn’t apply to successive § 2255 petitions and ruled that if it is appears more likely than not that the district court relied on the residual clause of …

Will Police Recruitment Crisis Prompt Change in Behavior?

by Douglas Ankney

When schoolchildren were asked what they wanted to be when they grew up, a frequent answer used to be “a policeman.” But apparently that’s no longer true. Sixty-six percent of police departments across the U.S. reported a decline in applications, according to a survey of …

7th Circuit Instructs District Court to Grant Federal Prisoner’s Habeas Based on § 2255(e) Savings Clause

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit reversed a district court’s judgment and remanded with instructions to grant a federal prisoner’s 28 U.S.C. § 2241 habeas petition seeking resentencing based on the savings clause of 28 U.S.C. § 2255(e).

In 2009, Deandre …

Massachusetts Supreme Judicial Court Explains Procedures of G. L. c. 278A and Rules That a Claim of Self-Defense Is a Claim of Factual Innocence

by Douglas Ankney

The Supreme Judicial Court of Massachusetts explained the procedures for filing and adjudicating a motion brought under G. L. c. 278A, which allows those convicted access to forensic and scientific testing of evidence that could potentially prove their innocence, and ruled that a defendant convicted …

California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64

by Douglas Ankney

In September 2013, William Roy Boatwright was arrested while exiting a house later discovered to contain 107 pounds of marijuana, 60 pounds of marijuana shake, a vacuum-sealing device, drug paraphernalia, and four grams of methamphetamine. Boatwright told officers he was helping a friend package marijuana …

$13.1 Million Settlement Reached by Actor Framed for Murder

by Douglas Ankney

The Board of Supervisors of San Francisco approved a settlement of $13.1 million in a claim brought by a man who had spent more than six years in prison after police framed him for murder. The decision was unanimous.

In 2010, aspiring actor and …

Colorado Supreme Court Announces That the People Cannot Withdraw From a Plea Agreement After the Trial Court Rejects Stipulated Sentence

by Douglas Ankney

The Supreme Court of Colorado announced that the People cannot withdraw from a plea agreement after the trial court accepts the defendant’s guilty plea but rejects the stipulated sentence contained in the agreement.

Christopher Anthon Mazzarelli entered into an agreement with the People whereby …

SCOTUS: SOL Governing § 1983 Claim Asserting Fabrication of Evidence Begins to Run on Date Criminal Proceedings Are Terminated in Complainant’s Favor

by Douglas Ankney

The Supreme Court of the United States (“SCOTUS”) held that the statute of limitations for Edward McDonough’s 42 U.S.C. § 1983 claim alleging that he was prosecuted using fabricated evidence began to run when the criminal proceedings against him terminated in his favor.

McDonough …

 

 

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