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Articles by Douglas Ankney

Mother Calls 911 for Assistance With 13-Year-Old Autistic Son; Police Arrive and Shoot Him

Barton told KUTV that she informed police that Cameron has Asperger’s syndrome …

North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent

 

by Douglas Ankney

The Supreme Court of North Carolina extended State v. Harbison, 337 S.E.2d 504 (N.C. 1985) (holding per se violation of defendant’s constitutional right to effective counsel when counsel concedes guilt to jury without defendant’s prior consent), to include cases where …

First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson

by Douglas Ankney

Bucking the trend among the majority of federal circuits, the U.S. Court of Appeals for the First Circuit announced that the residual clause of U.S. Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) § 4B1.2(a)(2) – when applied prior to United States v. Booker, 543 U.S. 220 …

Cincinnati Police Department Agrees to Audit of Its DNA Database

The Innocence Project of New York, along with the Cincinnati, Ohio, law firm of Gerhardstein & Branch (collectively “Plaintiff’s Counsel”), negotiated a settlement on September 14, 2020, wherein the Cincinnati Police Department (“CPD”) agreed to an unprecedented audit of its DNA-based homicide cases.

The …

Massachusetts Supreme Court: Brady Requires Disclosure of Exculpatory Material Revealed During Immunized Testimony Before Grand Jury

by Douglas Ankney

The Supreme Judicial Court of Massachusetts affirmed an order of a trial judge requiring a district attorney to disclose to defense attorneys details of misconduct by two police officers that were disclosed during the immunized testimony of the officers before a grand jury.

In …

Eighth Circuit Vacates Sentence After District Judge 
Interfered With Plea Negotiations and Made Disparaging 
Remarks About Federal Judiciary

by Douglas Ankney

The U.S. Court of Appeals for the Eighth Circuit vacated Seneca Harrison’s sentence because the judge for the U.S. District Court for the Western District of Missouri interfered with plea negotiations and made disparaging remarks about the federal judiciary.

The Government offered Harrison a …

California Court of Appeal Reverses Murder Conviction Because Superior Court Erred by Allowing Deceased’s Out-of-Court Statements Into Evidence

by Douglas Ankney

Division One of the Fourth Appellate District of the California Court of Appeal reversed Rene Quintanilla, Jr.’s murder conviction because the Superior Court allowed as evidence the deceased’s out-of-court statements under the hearsay exception in Evidence Code § 1390.

Quintanilla killed his live-in girlfriend …

Hawai’i Supreme Court Announces Admissibility of Third-Party Culpability Evidence Is Same Relevancy Test That’s Applied for Other Evidence, Superseding Rabellizsa

 

by Douglas Ankney

The Supreme Court of Hawai’i announced that the standard for admission of third-party culpability evidence is the same as the relevancy test that is applies to other types of evidence, superseding State v. Rabellizsa, 903 P.2d 43 (Haw. 1995).

Yoko Kato …

New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases

by Douglas Ankney

The Supreme Court of New Hampshire announced that it has adopted the approach of Lafler v. Cooper, 566 U.S. 156 (2016), in reviewing claims of ineffective assistance of counsel where the defendant rejected a plea offer and chose to go to trial based upon …

Colorado Supreme Court: Convictions for Murder and Attempted Murder Violate Double Jeopardy

Jackson, along with other members of the gang known as “Sicc Made,” drove to an apartment complex to kill rival gang member …

 

 

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