by Douglas Ankney
The Court of Appeal, Fourth Appellate District, ruled that the defendant satisfied the statutory criteria of Cal. Penal Code §1170.91(b)(1) for a hearing on possible resentencing by alleging he “may be suffering from” a qualifying condition, viz., sexual trauma or substance abuse, and that the trial court ...
by Douglas Ankney
Over the past couple of decades, the Department of Justice (“DOJ”) and its components have been requesting and receiving data from electronic media service providers, utilizing warrants, subpoenas, and National Security Letters (“NSLs”) that come with indefinite gag orders attached. Microsoft, Google, Facebook, et al., are sworn ...
by Douglas Ankney
During a late-night SEPTA train ride on the Market-Frankford line in October 2021, a woman was raped. In an apparent rush to disparage Philadelphia’s citizenry, Upper Darby police initially reported that other passengers looked on while the woman was being raped, with some filming for their own ...
by Douglas Ankney
Thousands of protesters stormed the streets of Kenosha, Wisconsin, in response to yet another killing of a Black man. At the Kenosha Public Library, lighter fluid and rags were found in a window well. There were no eyewitnesses to the incident. Agents from the Bureau of Alcohol, ...
How Judges Enhance Sentences by Supplanting ‘Not Guilty’ Verdicts with Private Findings that Defendants ‘Probably Committed’ Acquitted Offenses
by Douglas Ankney
Gregory Bell was indicted on 13 charges. He exercised his right to a jury trial. The jury acquitted Bell of 10 charges and convicted him of just three distribution ...
by Douglas Ankney
The Texas Court of Criminal Appeals (“TCCA”) held that Marvin Rodriguez satisfied the requirements of confession and avoidance. The TCCA also instructed that Martinez v. State, 775 S.W.2d 645 (Tex. Crim. App. 1989), remains good law.
Rodriguez was charged with murder for shooting and killing Richard ...
by Douglas Ankney
The Supreme Court of Michigan held that application of the state’s Sex Offenders Registration Act, MCL 28.271 et seq. (“SORA”), as amended by 2011 PA 17 and 18 (the “2011 SORA”), violates the constitutional prohibition against ex post facto laws when applied to registrants whose criminal acts ...
by Douglas Ankney
The Texas Court of Criminal Appeals (“TCCA”) held that, although a subsequent indictment recited the same statutory language as the original indictment, the statute of limitations (“SOL”) was not tolled because the subsequent indictment failed to charge the same conduct, act, or transaction, as required by Hernandez ...
by Douglas Ankney
The Supreme Court of Idaho rejected the “instinctive entry rule” as an exception to the warrant requirement where a drug-sniffing dog breached the interior of a vehicle and the law enforcement officer did not otherwise have probable cause for the search, and thus, the Court reversed the ...
by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) held that there is no categorical rule allowing a warrantless entry into a home when police are pursuing a misdemeanant.
Arthur Lange drove past a California highway patrol officer with music blaring through open windows while repeatedly honking his ...
