by Douglas Ankney
The Supreme Court of West Virginia held that an Emergency Protective Order (“EPO”) issued pursuant to West Virginia Code § 48-27-403 (2006) (“EPO Statute”) is not a de facto search warrant.
Jeffery Alan Snyder’s ex-wife petitioned ex parte for an EPO against him. The magistrate court issued ...
by Douglas Ankney
Since the Supreme Court decided Gregg v. Georgia, 428 U.S. 153 (1976), the idea has been that death sentences are reserved for only those murders committed by the worst of the worst killers. But in August 1991, Charles Burton helped five other men rob an AutoZone ...
by Douglas Ankney
The U.S. Court of Appeals for the Sixth Circuit ordered a new trial and invoked its rarely used power to assign the case to a different judge where defendants were denied a meaningful opportunity to prove juror bias due to the district judge’s mishandling of the case. ...
by Douglas Ankney
Larry Krasner is Philadelphia’s well-known progressive and reform-minded District Attorney. He was elected in 2017, promising he would work toward ending mass incarceration and radically change the way Philadelphia’s criminal justice system handles crime, substance abuse issues, and mental health. Since taking office, Krasner has pushed for ...
by Douglas Ankney
The Supreme Court of Minnesota clarified the meaning of “mentally incapacitated” as used in Minn. Stat. § 609.341, subdivision 7 (2020).
A jury convicted Francios Momolu Khalil of third-degree criminal sexual conduct involving a mentally incapacitated or physically helpless complainant in violation of § 609.344, subdivision 1(d) ...
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit held that a second handshake that was “more deliberate” and longer in duration than an earlier handshake failed to provide officers reasonable suspicion to conduct an investigative stop pursuant to Terry v Ohio, 392 U.S. 1 (1968) (“ ...
by Douglas Ankney
The Supreme Court of Washington reaffirmed that State v. Workman, 584 P.2d 382 (Wash. 1978), provides the appropriate test in determining whether a defendant is entitled to a lesser included offense instruction. The Court also addressed confusion with respect to the application of the Workman test and ...
by Douglas Ankney
In a case of first impression, the Supreme Court of Washington held that the state’s strict-liability drug possession law, codified at RCW 69.50.4013(1), is unconstitutional.
Shannon Blake was arrested in connection with an investigation into stolen vehicles. A jail employee discovered a small baggy containing methamphetamine in ...
by Douglas Ankney
In landmark decision, the Supreme Court of California substantially limited conditions where trial courts may require money bail.
Kenneth Humphrey, 66, was accused of robbing his 79-year-old neighbor of seven dollars and a bottle of cologne. The trial court initially set bail at $600,000. Humphrey petitioned for ...
by Douglas Ankney
In a case of first impression for the Supreme Court of Ohio, it held that “driving on” or “touching” the single solid white longitudinal line on the right-hand edge of a roadway (aka “fog line”) doesn’t violate Ohio’s traffic laws; consequently, doing so doesn’t provide probable cause ...
