by Douglas Ankney

Lists of discredited police officers whom prosecutors refuse to call as witnesses are known as Brady lists. These lists could play an important role in ensuring the criminal justice system is fair by tracking and exposing police officers who lie or engage in unethical behavior.

by Douglas Ankney

In a blow to those who cling to the idea that the death penalty deters murder, a study by the Abdorrahman Boroumand Center (“ABC”) demonstrates that when nations abolish the death penalty the rate of homicides decreases. 

To be included in the study, …

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit reversed the district court’s dismissal of Charles Ray Finch’s habeas petition and remanded for a hearing on the merits of Finch’s claim of actual innocence.

In 1976, a jury in Wilson, North Carolina, convicted Finch …

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit ruled that the State concealed materially exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), when it failed to disclose that the prosecution’s only witness to identify the defendant was hypnotized before …

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.

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 …