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Articles by Douglas Ankney

Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior

by Douglas Ankney

The Supreme Court of Georgia held that a defendant may invoke O.C.G.A. § 24-4-412 (“Rape Shield Statute”) to prohibit the State from offering evidence of a complaining witness’ past sexual behavior. In so doing, the Court overruled prior decisions of the Court of Appeals that held the ...

Tennessee Supreme Court: Attempting to Secretly Videotape 
Teen Changing Clothes Does Not Support Conviction for Attempted Production of Child Pornography

by Douglas Ankney

On January 7, 2019, the Supreme Court of Tennessee ruled that evidence of placing a camera in a teen’s bedroom with the intent of recording her in the nude while changing clothes is insufficient to support a conviction for attempted especially aggravated sexual exploitation of a minor, ...

Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional

by Douglas Ankney

The Supreme Court of Georgia held that the state statute authorizing the lifetime global positioning system (“GPS”) monitoring of persons determined to be a “sexually dangerous person” (“SDP”) but who are no longer serving their sentences is unconstitutional on its face.

In 2003, Joseph Park was convicted ...

North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test

by Douglas Ankney

In December 2018, the Supreme Court of North Dakota held that the implied consent advisory pursuant to N.D.C.C. § 39-20-01(2) and (3) must be read after placing an individual under arrest and before administering a chemical test to determine blood-alcohol content or the presence of other ...

Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict

by Douglas Ankney

The U.S. Court of Appeals for the Eleventh Circuit held that a defendant did not receive effective assistance of counsel when his attorneys failed to object and move for a mistrial while two judges coerced a jury to return a unanimous verdict.

Sumnar Robert Brewster was tried ...

Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit has held that the accrual date for claims for arrest and detention without probable cause is the date the detention ends.

Maurice Lewis was confined in the Cook County Jail for over two years awaiting trial on charges ...

In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States

by Douglas Ankney

The Supreme Court of the United States (“SCOTUS”) held that the Excessive Fines Clause of the Eighth Amendment is applicable to the states through the Due Process Clause of the Fourteenth Amendment, inclusive of civil in rem forfeiture cases.

After Tyson Timbs pleaded guilty in an Indiana ...

Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons

by Douglas Ankney

The Supreme Court of Arkansas ruled that the search of a defendant’s wallet during a frisk for weapons pursuant to an investigatory detention constituted an unconstitutional search.

Corporal Kenneth Kennedy of the Clarksville Police Department discovered a parked car in a medium to high crime area of ...

N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge

by Douglas Ankney

The Supreme Court of North Caro­lina ruled that hiring an undercover officer posing as a hit man to kill another person does not satisfy the element of committing “an overt act” toward completion of the offense of attempted murder.

On February 3, 2015, Darrell Lee ...

Judge Urges Prosecution to Appeal Dismissal of Murder Charge

by Douglas Ankney

After a two-and-a-half-hour hearing, Judge Catherine Wilking of Natrona County, Wyoming, dismissed a first-degree murder charge against Jason T. John. During the hearing, and at its conclusion, Wilking urged that her decision be appealed.

In July of this year, Wyoming’s “stand your ground” law took ...



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