by Douglas Ankney
The Supreme Court of Ohio ruled that Emile Weaver’s trial counsel was ineffective at her sentencing when he made mention of the term “neonaticide” without explaining its meaning and how neonaticide was applicable to Weaver’s case. The Court also found, in an unusually forceful manner, that the ...
by Douglas Ankney
The Court of Appeal of California, Sixth Appellate District, held that the trial court erred by denying recall of a prisoner’s sentence on the erroneous premise that Senate Bill 1393 (“SB 1393”) does not apply to cases already final on appeal, and the Court further held that ...
by Douglas Ankney
The Supreme Court of Ohio clarified the meaning of “outcome determinative” in the context of a motion filed pursuant to R.C. 2953.73, seeking postconviction DNA testing.
Guy Billy Lee Scott was convicted by jury in 1992 for the assault, rape, and murder of Lesa Buckley and sentenced ...
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit ruled that when deciding a motion for a sentence reduction under § 404 of the First Step Act (“FSA”), a District Court must demonstrate it considered every nonfrivolous argument raised by the defendant.
In 2005, Jamell Newbern pleaded ...
by Douglas Ankney
The Court of Criminal Appeals of Texas ruled that adding felony counts to an indictment via an amended indictment constitutes the adding of additional offenses to the indictment thereby allowing the State to obtain more convictions than authorized by the original indictment, which is prohibited by Tex. ...
by Douglas Ankney
In consolidated appeals, the Court of Appeal of California, Fourth Appellate District, held that the phrase “from the date of parole” refers to the start date of parole and that the federal Fair Credit Reporting Act (“FCRA”) does not preempt the California Investigative Consumer Reporting Agencies Act ...
by Douglas Ankney
About two decades ago, the TV network AMC had a hit show entitled Mad Men. Starring Jon Hamm and others, it portrayed the foibles of the financially elite but morally bankrupt men and women in the business of writing ad copy. Hence, the title “Mad ...
by Douglas Ankney
The Court of Appeal of California, First Appellate District, affirmed the Solano County Superior Court’s order granting Juan Pantoja’s motion to suppress evidence because Vacaville Police Officer Chris Hill did not have articulable facts to support a reasonable suspicion to pat search Pantoja. The Court also affirmed ...
by Douglas Ankney
The Supreme Court of Ohio held that Terry Barnes Sr. had a reasonable and legitimate basis to withdraw his guilty plea before sentencing when he discovered evidence that had been withheld from him by his attorney and that evidence would have negated his decision to plead guilty ...
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit held that Robert Shawn Anderson was entitled to present his entrapment defense to the jury because there was some evidence that the Government induced him to commit the crime and some evidence that he lacked any predisposition to ...
