by Douglas Ankney
The U.S. Court of Appeals for the Sixth Circuit held that an untimely notice of appeal (“NOA”) that provides a reason for the tardiness may serve as a motion to reopen and as a request for certificate of appealability (“COA”).
After Da’Rell Anton Winters’ appeals of his ...
by Douglas Ankney
In a case of first impression, the U.S. Court of Appeals for the Eighth Circuit announced that the categorical approach applies to the tier analysis of the Sex Offender Registration and Notification Act (“SORNA”), 18 U.S.C. § 2250(a).
Michael Ryan Coulson was convicted by court martial of “forcible ...
by Douglas Ankney
The Court of Appeals of New York declined to adopt a per se rule that a handcuffed person is “in custody” for purposes of Miranda v. Arizona, 384 U.S. 436 (1966). Nevertheless, the Court held that the handcuffed and un-Mirandized defendant was in custody for purposes of ...
by Douglas Ankney
The U.S. Court of Appeals for the Fifth Circuit held that the admission of Department of Homeland Security (“DHS”) Investigation Form G-166F (“G-166F”) at Nicole Elizabeth Foreman’s trial where the preparer of the G-166F did not testify violated the Confrontation Clause of the Sixth Amendment to the ...
by Douglas Ankney
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and ...
by Douglas Ankney
In late 2023, New York Governor Kathy Hochul signed the Clean Slate Act into law, permitting millions of criminal convictions to be sealed. “With the signing of this law, it adds to our momentum to get people back to work, give them those opportunities,” said Hochul.
Under ...
by Douglas Ankney
Perry Lott was exonerated in Ada, Oklahoma, of a 1987 rape and burglary conviction after 35 years—30 of which Lott spent in prison—in spite of former District Attorney Paul Smith’s attempts to perpetuate such a gross miscarriage of justice.
In November 1987, a white woman was raped ...
by Douglas Ankney
Forensic entomology generally focuses on the activity of blowflies and beetles in estimating the time of death. But Professor Paola Magni of Australia’s Murdoch University is a leading forensic entomologist urging forensic professionals to consider the activity of other insects, including ants.
Magni is the lead author ...
by Douglas Ankney
The Supreme Court of Illinois held that 720 ILCS 5/9-1.2(d) (West 2006) (“section 9-1.2(d)”) sets the range of sentences available for intentional homicide of an unborn child but does not convert that offense into murder for sentence enhancement purposes and that 730 ILCS 5/5-8-1(a)(1)(c)(ii) (West 2006) (“section ...
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit made the rare decision to order an evidentiary hearing be held in the U.S. District Court for the Southern District of Indiana upon finding that the record was insufficient to permit review of Ryan T. McMullen’s 28 U.S.C. ...
