by Douglas Ankney
The Supreme Court of Hawai’i reversed the murder conviction of Iosefa Meafua Pasene due to the cumulative effect of multiple instances of prosecutorial misconduct.
In the early morning hours of March 28, 2009, Pasene, Cedro Muna, and Antonius Toloai were released from the custody …
by Douglas Ankney
The U.S. Court of Appeals for the Eighth Circuit held that the forfeited claim of a miscalculated criminal-history score is reviewable for plain error.
Barthman pleaded guilty to one count of child pornography involving a prepubescent minor, in violation of 18 U.S.C. § 2252(a)(4)(B), …
by Douglas Ankney
The Supreme Court of Hawai’i announced a new rule beginning April 10, 2019, that all trial courts are required to conduct an on-the-record colloquy regarding the right to testify or to not testify when either right is waived to determine if the defendant knowingly, intelligently, …
by Douglas Ankney
On December 11, 2014, the circuit court sentenced Travis Jones to 10 years in prison following his guilty plea to one count of felonious restraint. The circuit court suspended execution of that sentence and placed Jones on probation for five years. Beginning from January 2015 …
by Douglas Ankney
The U.S. Court of Appeals for the Eleventh Circuit held that convictions under Georgia’s aggravated assault statute, O.C.G.A. § 16-5-21(a)(2), that are based upon simple assault, O.C.G.A. § 16-5-20(a)(2), are not crimes of violence for purposes of the Armed Career Criminal Act (“ACCA”). 18 U.S.C. …
by Douglas Ankney
Maurice Stephen Sanders and Deshaun Evans decided to rob drug dealer Josh Palmer. Both Sanders and Evans had guns. In the course of the robbery, a neighbor of Palmer—Christopher Greene—was pistol-whipped and robbed. Greene’s wife, Michelle, sustained a single gunshot wound. Fortunately, no one died. …
by Douglas Ankney
The Supreme Court of Washington held that the federal attenuation doctrine is not incompatible with the exclusionary rule of article I, section 7 of the Washington State Constitution if the attenuation is narrowly applied only to instances “where unforeseeable circumstances genuinely sever the causal connection …
by Douglas Ankney
The U.S. Court of Appeals for the Second Circuit ruled that the district court erred in denying a writ of error coram nobis that claimed ineffective assistance of counsel due to counsel’s erroneous advice regarding deportation as a result of a guilty plea.
Defendant, …
by Douglas Ankney
In a case of first impression, the Supreme Judicial Court of Massachusetts held that when police take action to cause a cellphone to reveal its real-time location, it is a search under Article 14 of the Massachusetts Declaration of Rights.
Two eyewitnesses identified Jerome …
by Douglas Ankney
Prosecutors in Los Angeles are using computer algorithms to wipe out or reduce up to 50,000 old marijuana convictions, years after the drug was legalized by voters in California. The county is teaming up with Code for America, a nonprofit tech organization that …
