Skip navigation
Federal Prison Handbook - Header

Articles by Douglas Ankney

Idaho Supreme Court Announces Prospectively Testimony by Drug Recognition Expert Requires State to Comply With Expert Witness Disclosure Requirements of Rule 16(b)(7)

by Douglas Ankney

The Supreme Court of Idaho announced, “that henceforth, testimony from drug recognition expert requires the state to comply with the expert witness disclosure requirements set forth in Idaho Criminal Rule 16(b)(7).”

Timothy Dacey was arrested on suspicion of Driving under the Influence (“DUI”), but a subsequent breath ...

California Court of Appeal: Trial Court’s Dismissal of Charge Based on Express Statement of ‘Insufficient Evidence’ Is Equivalent to Acquittal for § 1170.95 Resentencing

by Douglas Ankney

The Court of Appeal of California, Third Appellate District, affirmed the finding of a superior court in a § 1170.95 proceeding that the trial court’s dismissal of a charge for insufficient evidence under the facts of this case is the equivalent of an acquittal. (Note: All statutory ...

First Study of Police De-Escalation Training Shows Impressive Results

by Douglas Ankney

A first-of-its-kind study by the University of Cincinnati (“UC”) revealed that de-escalation training of police officers produces impressive results in making police encounters safer for the public. The study, appearing in Criminology & Public Policy (the flagship publication of the American Society of Criminology), was in collaboration ...

Maryland Court of Appeals Announces Accepting Empaneled Jury Doesn’t Waive Prior Objection to Trial Court’s Refusal to Propound a Voir Dire Question

by Douglas Ankney

The Court of Appeals of Maryland affirmed a decision of the Court of Special Appeals (“CSA”) that held a defendant’s acceptance of a jury as empaneled did not waive his earlier objection to a trial court’s denial of the defendant’s request to propound a proposed voir dire ...

Thanks to Homeowner’s Private Security Camera Catching Cops’ Blatant Misconduct, He’s a Free Man

by Douglas Ankney

Two police officers from Gowanda, New York—Sean Hotnich and Richard Cooper—claimed they got several “key details” wrong in their affidavit supporting a search warrant, as well as in their police report. For example, the police report states that once the two officers entered David Yezek’s kitchen, “patrol ...

Minnesota Supreme Court Announces Confession Must Be Corroborated by Independent Evidence Crime Occurred, Rejects Federal ‘Trustworthiness Standard’ for Corpus Delicti Rule

by Douglas Ankney

The Supreme Court of Minnesota announced that Minn. Stat. § 634.03 (2020) requires a defendant’s confession to be corroborated by independent evidence reasonably tending to prove that the specific offense charged has been committed.

During a police interview, Bryan Morgan Holl confessed to several incidents of sexually ...

California Court of Appeal Orders New Trial Due to Jurors Considering Potential Penalty During Guilt Phase of Deliberations

by Douglas Ankney

The Court of Appeal of California, Third Appellate District, reversed a trial court’s denial of a motion for a new trial, ruling that jurors committed misconduct by considering the possible penalties during the guilt phase of Michael Anthony Flores’ trial.

Flores was tried on several charges, including ...

Discredited Narcotics Unit Revamped as Firearms Unit

by Douglas Ankney

In 2020, the U.S. Department of Justice reported that officers from the Narcotics Unit of the Springfield Police Department in Massachusetts engaged “in a pattern or practice of excessive force in violation of the Fourth Amendment of the United States Constitution.” The report identified evidence showing officers ...

LASD Defends Practice of Stopping Latino Bicyclists, Says People Using Bikes for Transportation Are Generally Criminals

by Douglas Ankney

According to data obtained by the Los Angeles Times, the Los Angeles Sheriff’s Department (“LASD”) is targeting Latino bicyclists with pretextual stops. Since the bicyclists are on their vehicles—rather than in their vehicles—the stops are analogous to Terry stops (from Terry v. Ohio, 392 U.S. ...

Tenth Circuit Announces That After Borden An Offense That Can Be Committed ‘Recklessly’ Is Not Categorically a ‘Crime of Violence’ Under § 924(c)’s Elements Clause

by Douglas Ankney

In consolidated cases on remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Tenth Circuit held that defendants’ Violent Crimes in Aid of Racketeering (“VICAR”), 18 U.S.C. § 1959, convictions that were based on violations of Arizona and Utah statutes criminalizing assault with ...



Federal Prison Handbook - Side
PLN Subscribe Now Ad 450x450
Disciplinary Self-Help Litigation Manual - Side