by Douglas Ankney
The Supreme Court of Georgia held that OCGA §§ 40-5-67.1(b) and 40-6-392(d), to the extent that they allow a defendant’s refusal to submit to a breath test to be admitted as evidence, violate Article I, Section I, Paragraph XVI (“Paragraph XVI”) of the Georgia Constitution.
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by Douglas Ankney
The Supreme Court of Pennsylvania retroactively applied Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), holding that Samuel Anthony Monarch’s enhanced penalties for refusing warrantless blood tests following his arrest for driving under the influence (“DUI”) were unconstitutional.
In July 2015, Monarch was …
by Douglas Ankney
The U.S. Court of Appeals for the First Circuit held that when the Government fails to prove a prior conviction was for a controlled substance as defined by U.S. Sentencing Guideline (“U.S.S.G.”) 4B1.2(b), the defendant is entitled to resentencing.
Jose Martinez-Benitez pleaded guilty to …
by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) held that the presumption of prejudice recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), applies regardless of whether a defendant has signed an appeal waiver.
Gilberto Garza, Jr. signed two plea agreements. In the …
by Douglas Ankney
The U.S. Court of Appeals for the Third Circuit held that the registration and reporting requirements of Pennsylvania’s Sex Offender Registration and Notification Act (“SORNA”) are sufficiently restrictive to constitute custody for the purposes of habeas corpus jurisdiction.
Jason Piasecki was convicted in the …
by Douglas Ankney
The Supreme Court of Nebraska has dismissed on technical grounds a lawsuit filed by eight death-row prisoners represented by the American Civil Liberties Union (“ACLU”). The suit alleged the death sentences of Nebraska’s death-row prisoners must be converted to life sentences because the Nebraska …
by Douglas Ankney
Four former Navy sailors (the “Norfolk Four”), who were wrongly convicted of the rape and murder of Michelle Bosko, agreed to a $4.9 million settlement with the City of Norfolk, Virginia.
Governor Ralph Northam then signed legislation directing that the men receive an …
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 …
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 …
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 …
