by Douglas Ankney

The Court of Appeal of California, Fourth Appellate District, held that “if a defendant provides statistical evidence showing a racial disparity in the charging of non-minority defendants and African-American defendants, and provides evidence of non-minority defendants who engage in similar conduct and are similarly situated but were charged with lesser crimes than the charged African-American defendant, this is sufficient to show there was more than a mere possibility that a violation of [California Penal Code § 745(a)] has occurred. As such, a defendant has met his burden of establishing a prima facie case.” (Note: All statutory references are to the California Penal Code.)

Michael Earl Mosby, III, was charged by the Riverside County District Attorney’s Office (“DA”) with murder in connection with the drive-by shooting of Darryl King-Divens and a gun enhancement of discharging a firearm causing great bodily injury or death, along with three special circumstances – including having committed multiple murders. (Mosby had been involved in three additional shootings that resulted in two murders.) On March 15, 2019, the DA notified Mosby of the People’s intent to seek the death penalty.

In July 2022, defense counsel filed a motion …

by Douglas Ankney

Australian researchers at Flinders University have employed a promising new technique to collect and record forensic DNA evidence from crime scenes. A new study appearing in Electrophoresis focused on the DNA retrieved from air conditioning (“AC”) units that circulate a room’s air, including different types of filters at alternate periods.

While a crime scene may be wiped clean of fingerprints, Mariya Goray, senior lecturer in forensic science at Flinders and author of the study, said “it is very unlikely that an average offender, even with forensic awareness, could totally prevent their DNA from being released into the environment.

Samples of Environmental DNA (“eDNA”) from AC units in four offices and four houses were collected at different times following cleaning. Samples were also collected from the air. The eDNA collected on the surfaces of AC units tended to be from previous room occupants while eDNA detected in the air represented more recent occupants. Goray said “[w]e now know that eDNA shed from sources, such as skin or saliva, can be detected in the environment, including soil, ice, air and water. We may be able to use this evidence to prove if someone …

by Douglas Ankney

The Supreme Court of Indiana clarified the framework for determining when a court may apply a cash bail toward payment of public-defender costs and toward payment of fines, costs, and fees.

Tailar L. Spells was arrested on charges related to her altercation with Officer Lynnford Parker of the Indianapolis Metropolitan Police Department. The trial court set a $250 cash bond, which was deposited in full by a third party – Diane Rolle. Both Spells and Rolle signed a cash-bond agreement pursuant to Indiana Code § 35-33-8-3.2 that permitted the trial court, “upon full satisfaction of all bond conditions, to ‘retain all or part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted.’” (Note: All further statutory references are to the Indiana Code.)

The trial court subsequently appointed a public defender and imposed a $100 supplemental public-defender fee. Spells was ultimately convicted at a bench trial of felony battery on Parker. Pertinent to this review, the trial court imposed probation, a $20 fine, and $185 in various fees and costs with …

by Douglas Ankney

Due to the monumental increase in the number of appeals of bond decisions, the Illinois Supreme Court adopted new appellate rules recommended by a five-person taskforce (“Taskforce”). The Pretrial Fairness Act (“PFA”), implemented in April of 2023, allows pretrial detainees to appeal district courts’ decisions regarding conditions for release. Under the PFA, whether a person remains detained prior to trial is based on, inter alia, whether the person is a flight risk, a danger to the community, and the charges faced by the person. Each of these determinations by the judge may now be appealed.

Prior to enactment of the PFA, a bond was set by the judge. Infrequently, about 17 times each year according to the Taskforce, an appeal of the bond decision was sought. But under the PFA, the number of appeals was projected to total 4,557 annually. And in the five months following the PFA’s enactment, about 1,900 appeals have already been filed.

“That’s just too much of a change in too short of a time,” said Justice Eugene Doherty of the Fourth District Appellate Court and Taskforce member. Among the Taskforce’s recommendations adopted by the Supreme Court …

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Southern District of Illinois erred in conflating the scopes of the no-firearms condition of the “safety valve” of 18 U.S.C. § 3553(f) and the firearms enhancement of U.S. …

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit held that Maryland’s first-degree assault statute, Md. Code, Art. 27 § 12A -1, is indivisible, and a conviction thereunder is not a “violent felony” for purposes of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § …

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit held that John Miguel Swan’s guilty plea was not knowing and voluntary because “his plea counsel materially misrepresented his right to an impartial jury selected through racially nondiscriminatory means.”

While Swan was being arrested on …

by Douglas Ankney

The Supreme Court of California held that a jury’s finding that Freddy Alfredo Curiel harbored the requisite intent to kill to find true a gang-murder special circumstance, standing alone, was insufficient for a trial court to find that Curiel had failed to state a prima …

by Douglas Ankney

A team of scientists from China’s Shanghai Normal University in collaboration with scientists from the United Kingdom’s University of Bath have developed a fluorescent spray that reveals fingerprints in seconds without compromising any potential DNA evidence. The dyes used in the spray are manufactured from …

by Douglas Ankney

The Court of Appeals of New York held that application of the Sex Offender Registration Act (“SORA”) to Marcus Brown violated his “due process rights by impinging on his liberty interest to be free of the improper designation and registration as a sex offender” because …