by Douglas Ankney
In a case of first impression, the Supreme Court of Arizona held that trial courts have broad discretion to vicariously disqualify a prosecutor’s office based on an appearance of impropriety.
In 2010, Darren Irving Goldin was charged with murder, and the Attorney General sought the death penalty. ...
by Douglas Ankney
The Supreme Court of Indiana affirmed the holding of the Grant Superior Court, which found that forfeiture of Tyson Timbs’ Land Rover was grossly disproportionate to his crime of conviction in violation of the Eighth Amendment’s Excessive Fines Clause.
Timbs had been prescribed opiates and had become ...
by Douglas Ankney
The U.S. Court of Appeals for the Eleventh Circuit vacated the U.S. District Court for the Southern District of Florida’s order denying compassionate release because the district court failed to demonstrate it had considered the applicable factors under 18 U.S.C. § 3553(a).
Horace Cook pleaded guilty to ...
by Doug Ankney
The U.S. Court of Appeals for the Fourth Circuit held that a Racketeer Influenced and Corrupt Organizations Act (“RICO”) conspiracy in violation of 18 U.S.C. § 1962(d) is not categorically a “crime of violence” under 18 U.S.C. § 924(c)(3)(A).
Antonio Simmons, Nathaniel Mitchell, and Malek Lassiter (collectively, ...
by Douglas Ankney
In April 2021, Jonathan Smith, Sr. was freed after serving nearly 21 years in prison for a murder he did not commit. Last year, the Maryland Court of Appeals unanimously reversed the 2001 murder convictions against Smith and his codefendant, David Faulkner, and granted both men Writs ...
by Douglas Ankney
The Supreme Court of Virginia reversed the judgment of the Court of Appeals (“COA”) that had affirmed Dorain Jerod Myers’ conviction for carrying a concealed weapon, second offense, in violation of Va. Code Ann. § 18.2-308(A), which makes it illegal for anyone to carry “about his person” ...
by Douglas Ankney
The Supreme Court of Montana dismissed with prejudice charges of sexual intercourse without consent and bail jumping, ruling the defendant’s second trial following a mistrial that was declared without a showing of manifest necessity was barred by the Double Jeopardy Clauses of the U.S. and Montana Constitutions. ...
by Douglas Ankney
The Supreme Court of Arizona affirmed a decision of the Court of Appeals (“COA”) holding that the issue of a trial court’s failure to adequately protect a defendant’s right to conflict-free counsel—as opposed to issues broadly raised as ineffective assistance of counsel—may be raised on direct appeal. ...
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit reversed retired Air Force Lieutenant Colonel Jules A. Bartow’s conviction for using “abusive language” after determining the Government failed to prove his racial slur tended to cause immediate acts of violence.
Bartow, who is white, was inside the ...
by Douglas Ankney
The Court of Appeal, Second Appellate District, Division Five, held that when a federal district court finds that a habeas petitioner has satisfied the standard enunciated in Schlup v. Delo, 513 U.S. 298 (1995), and the petitioner is permanently released from custody, the California Victim Compensation ...
