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Articles by Douglas Ankney

Veterans Restorative Justice Act Offers More Than Alternatives to Jail in Minnesota

by Douglas Ankney

On August 10, 2021, a crowd of veterans’ organizations, prosecutors, defense attorneys, lawmakers, and other interested parties gathered outside the Minnesota State Capitol to watch Governor Tim Walz symbolically sign into law a measure he had approved weeks earlier in a private setting—the Veterans Restorative Justice Act ...

Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search

by Douglas Ankney

The Supreme Court of Colorado affirmed a decision of the Court of Appeals (“COA”), holding that a warrantless surveillance and recording of a home’s curtilage and private, fenced-in yard via a pole camera for over three months was an illegal search.

A confidential informant told police that ...

Minnesota Supreme Court Announces Two-Year Time Limit of § 590.01, subd. 4(c) Runs From Date of Court Decision

by Douglas Ankney

The Supreme Court of Minnesota announced that the two-year time limit set forth in Minn. Stat. § 590.01, subd. 4(c) to file a timely postconviction petition under the retroactive new interpretation of law exception in Minn. Stat. § 591.01, subd. 4(b)(3) runs from the date the U.S. ...

First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach

by Douglas Ankney

The U.S. Court of Appeals for the First Circuit held that the U.S. District Court for the District of New Hampshire erred by refusing to allow Louis Gardner to withdraw his guilty plea after allowing the Government to withdraw from the plea agreement due to a breach ...

Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional

by Douglas Ankney

The Supreme Court of Wisconsin affirmed the decision of the Court of Appeals (“COA”) that had held the incapacitated driver provision of Wisconsin’s implied consent statute, Wis. Stat, § 343.305(3)(b), is unconstitutional because the provision’s “deemed” consent authorizes warrantless searches in violation of the Fourth Amendment.

Dawn ...

Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence

by Douglas Ankney

The Supreme Court of Washington reversed the convictions of Jessica L. Vazquez after holding that her attorney, Sarah McFadden, was ineffective under the Sixth Amendment for failing to object to the introduction of inadmissible evidence at trial.

Detective Colby Martin and Officer Daniel Vargas assisted in executing ...

Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA

by Douglas Ankney

The Supreme Court of Michigan held that time served in prison due to revocation of parole that resulted solely from a wrongful conviction of other offenses is not excluded from compensation under the Wrongful Imprisonment Compensation Act (“WICA”), MCL 691.1751 et seq.

In 1987, Desmond Ricks began ...

Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction

by Douglas Ankney

The Supreme Judicial Court of Maine reversed the denial of Bruce Akers’ motion to suppress and vacated his murder conviction.

On June 9, 2016, Akers called the local sheriff’s office and spoke with the sergeant. He told the sergeant he suspected his neighbor of stealing some property ...

New Jersey Supreme Court Announces Framework for Requesting Criminal Background Check of Potential Juror and Calls for Judicial Conference to Explore Nature of Discrimination in Jury Selection Process

by Douglas Ankney

In a case of first impression, the Supreme Court of New Jersey announced the framework that governs when a party requests a criminal history check on a prospective juror to determine whether the juror is eligible and to ensure a fair trial. The Court also instructed the ...

First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction

by Doug Ankney

The U.S. Court of Appeals for the First Circuit clarified when trial courts must instruct juries on the defense of entrapment.

As part of a “sting” in 2015, Special Agent Ryan Seig of the Homeland Security Investigations Child Exploitation Unit created a fictitious Grindr profile under the ...

 

 

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