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Articles by Douglas Ankney

New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded

by Douglas Ankney

The Supreme Court of New Jersey held that the right of privacy under Article 1,Paragraph 7, of the New Jersey Constitution protects recorded calls made on a police stationhouse telephone from warrantless seizure in the absence of fair notice that the conversation is being monitored or recorded, ...

Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment

by Douglas Ankney

On rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit concluded that the Aerial Investigation Research (“AIR”) program—a first of its kind aerial surveillance initiative—enabled police to deduce the whole of individuals’ movements. Therefore, accessing its data is a search, and its warrantless ...

California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home

by Douglas Ankney

The California Court of Appeal, First Appellate District, ruled that the coercive atmosphere created by police during a prearrest interview of a teen suspect in his own home made it a custodial interrogation requiring advisement of rights pursuant to Miranda v Arizona, 384 U.S. 436 (1966), ...

California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes

by Douglas Ankney

The California Court of Appeal, Fifth Appellate District, held that Superior Courts are to consider only the elements of a juvenile’s prior adjudicated felony and not the juvenile’s conduct when considering a petition to recall his sentence under California Penal Code § 1170(d)(2)(B).

David Lee Harring, Jr., ...

Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption

by Douglas Ankney

The U.S. Court of Appeals for the Third Circuit ruled that mere physical proximity of guns and drugs to each other is insufficient for automatic application of the U.S. Sentencing Guidelines (“U.S.S.G.”) § 2 K2.1(b)(6)(B) enhancement under the U.S. Sentencing Commission’s Commentary Note 14(B) for a drug-trafficking ...

Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity

by Douglas Ankney

The U.S. Court of Appeals for the Second Circuit affirmed the decision of the U.S. District Court for the District of Connecticut that held police forensic firearms examiner James Stephenson was not entitled to qualified immunity in a suit alleging he withheld exculpatory ballistics reports in violation ...

Ninth Circuit: California Law Prohibiting Recovery of Loss of Life Damages Inconsistent With § 1983

by Douglas Ankney

The U.S. Court of Appeals for the Ninth Circuit affirmed the ruling of the U.S. District Court for the Central District of California that Cal. Code Civ. Proc. § 377.34’s prohibition on recovery of loss of life damages is inconsistent with 42 U.S.C. § 1983 and thus ...

Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines

by Douglas Ankney

The U.S. Court of Appeals for the Ninth Circuit held that the state of Washington’s mandatory sentencing guidelines set the upper limit for possible punishment for a state crime that U.S. district courts must abide by when determining the grade of violation of supervised release under the ...

Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC

by Douglas Ankney

The Supreme Court of Nevada reversed the district court’s denial of Kevin Sunseri’s motion to withdraw his guilty plea because he had a strong argument of a speedy trial violation and a colorable claim of ineffective assistance of counsel (“IAC”).

In December 2015, Sunseri robbed a man ...

Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial

by Douglas Ankney

The Supreme Court of Hawai’i vacated the judgment of the Intermediate Court of Appeals (“ICA”) that held a prosecutor’s cumulative misconduct was harmless.

Matthew K. Williams was convicted of sexually assaulting T.Y., a minor. At trial, the prosecutor introduced to the jury incriminating statements allegedly made by ...

 

 

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