by Douglas Ankney
The Supreme Court of Colorado held that a trial court erred when it permitted the prosecutor to argue that the defendant’s failure to retreat showed she was not afraid, and this lack of fear of the imminent use of unlawful force against her undermined her …
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Western District of Wisconsin abused its discretion when it denied Vincent Corner’s motion seeking relief under § 404 of the First Step Act (“the Act”) without first determining …
by Douglas Ankney
The Supreme Court of Arizona announced a cumulative error framework for when an appellant claims he was denied a fair trial due to the cumulative effect of multiple instances of prosecutorial misconduct.
A jury found Luis Armando Vargas guilty of several offenses, including first-degree …
by Douglas Ankney
The Supreme Court of Indiana reaffirmed the standard set forth in Mayes v. State, 744 N.E.2d 390 (Ind. 2001), that held a statute barring a claim of self-defense if the defendant had committed a crime requires a showing that “there must be an immediate …
by Douglas Ankney
The U.S. Court of Appeals for the Ninth Circuit ruled that law enforcement officers violated the Fourth Amendment in executing an administrative warrant at a private residence where their “primary purpose” was to gather evidence in support of a criminal investigation.
In October 2017, …
by Douglas Ankney
The Supreme Court of North Carolina held that Melvin Lamar Fields could not be convicted of both habitual misdemeanor assault and felony assault for the same act.
In November 2015, Fields and A.R. — a transgender woman — engaged in consensual sex. Afterward, while …
by Douglas Ankney
Sudden unexplained death in childhood (“SUDC”) ranks fifth in the categories of death in children ages one to four, and every year, it affects approximately 400 children ages one to 18.
Unlike Sudden Infant Death Syndrome (“SIDS”), SUDC is the listed cause of death …
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit reversed Fernando Miguel Samora’s conviction for being a felon in possession of a firearm because the U.S. District Court for the District of Utah gave the jury an erroneous instruction on constructive possession.
In May …
by Douglas Ankney
The U.S. Court of Appeals for the Second Circuit held that a district court’s failure to offer an explanation for its sentence was plain error in violation of 18 U.S.C. § 3553(c).
Gilberto Rosa pleaded guilty to conspiracy to commit wire fraud (Count One) …
by Douglas Ankney
As of the date of this article, protests continue against police brutality and systemic racism in the wake of the murder of George Floyd. While racism and police brutality are at least as old as America itself, Floyd’s death appears to be a catalyst that …
