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Articles by Douglas Ankney

False Confessions and Wrongful Convictions: Known Causes and Steps to Eliminate Them

by Douglas Ankney

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s of February 2024, the National Registry of Exonerations (“NRE”) at the University of Michigan has registered 3,475 postconviction DNA and non-DNA exonerations since 1989—an average of 100 per year. Of those 3,475 exonerations, 438 …

Barrier-­Crime Laws Continue to Unjustly Prohibit Otherwise Qualified Persons With Prior Convictions From Employment

by Douglas Ankney

Rudy Carey became addicted to drugs after his father died. A string of poor decisions led him to serving three years in prison for striking a police officer during a traffic stop. Upon release, Carey remained committed to keeping his life on the right track. …

California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry

by Douglas Ankney

The Court of Appeal of California, Second Appellate District, held that a defendant convicted in 1985 of lewd and lascivious acts, California Penal Code § 288(a), is entitled to removal from the sex offender registry notwithstanding the fact that if convicted under current law he …

Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border

by Douglas Ankney

In a series of rulings from federal judges, the loophole allowing government agents from Customs and Border Patrol (“CBP”) to search cellphones without a warrant is closing. According to a report from Reason, on July 24, 2024, Judge Nina Morrison from the U.S. District Court …

Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken

by Douglas Ankney

The Supreme Court of Kansas held that the complete and wrongful denial of criminal defendant John R. Cantu’s constitutional right to testify by removing him from the stand and striking his entire trial testimony constituted structural error and that the Court of Appeals erred in …

New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles

by Douglas Ankney

Touch DNA—“the invisible biological traces deposited through a person’s skin’s contact with an object or other person”—can be found at crime scenes, but detection presents a challenge for officers attempting to recover it. However, researchers M. Recipon and P. Kanemann reported in forensicmag.com that a …

Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing

by Douglas Ankney

In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit held that issues not raised in a prior appeal are not waived in a subsequent appeal following de novo resentencing. The Court also held that a defendant’s position as an …

First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling

by Douglas Ankney

In a published precedential ruling, the U.S. Court of Appeals for the First Circuit adopted the doctrine of abatement ab initio for when a criminal defendant dies during the pendency of a direct appeal from his conviction.

In 2019, Francis M. Reynolds was convicted …

Maryland Eliminates Parole Fees

by Douglas Ankney

With the passage of House Bill 531 (“HB 531”), Maryland eliminated the $50 parole fee charged to people returning home from prison. HB 531 also ended the $100 fee charged for drug and alcohol testing.

Championed by the nonprofit BUILD and its sister organization …

Forensic Microbiology and Criminal Investigations

by Douglas Ankney

According to microbiologists, every individual has a “unique community of microorganisms on and within their body.” These communities, known as “microbiomes,” consist of microbes “specific to different parts of the body, can persist over long periods of time and can be transferred to other people …

 

 

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