by Douglas Ankney
The Supreme Court of Nevada reversed the district court’s denial of Kevin Sunseri’s motion to withdraw his guilty plea because he had a strong argument of a speedy trial violation and a colorable claim of ineffective assistance of counsel (“IAC”).
In December 2015, Sunseri robbed a man ...
by Douglas Ankney
The Supreme Court of Hawai’i vacated the judgment of the Intermediate Court of Appeals (“ICA”) that held a prosecutor’s cumulative misconduct was harmless.
Matthew K. Williams was convicted of sexually assaulting T.Y., a minor. At trial, the prosecutor introduced to the jury incriminating statements allegedly made by ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
