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Articles by Douglas Ankney

Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed

by Douglas Ankney

The Supreme Court of Louisiana reaffirmed that the law of Louisiana requires law enforcement to inform a person in custody whenever an identified attorney is seeking an opportunity to assist the person. If the police fail to inform the person in custody of the attorney, any ...

D.C. Circuit: 18 U.S.C. § 1114 Does Not Apply Overseas But § 924(c) Does

by Douglas Ankney

The U.S. Court of Appeals for the D.C. Circuit held that 18 U.S.C. § 1114 does not apply to territories outside the United States. However, the Court ruled that 18 U.S.C. § 924(c) does apply extraterritorially in specific circumstances.

While in Mexico, Jose Emanuel Garcia Sota and ...

Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant

by Douglas Ankney

The U.S. Court of Appeals for the Third Circuit ruled that Arthur Johnson’s right to confront his accusers was violated when his non-testifying codefendant’s statement identifying “the other guy” as the shooter was read to the jury, and the jury was told that “the other guy” referenced ...

Georgia Supreme Court Overrules 50 Years of Jurisprudence and Announces Courts Are to Consider Cumulative Prejudice of Trial Court and Counsel Errors

by Douglas Ankney

On February 10, 2020, the Supreme Court of Georgia unanimously ruled that reviewing courts are to consider the cumulative effect of trial court and counsel errors, overturning 50 years of prior jurisprudence.

At Antiwan Lane’s murder trial, Kevin Stallworth testified that Lane hired him to kill Hector ...

Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’

by Douglas Ankney

The U.S. Court of Appeals for the Ninth Circuit reversed the district court’s denial of Ezzard Charles Ellis’ petition for a writ of habeas corpus and remanded with instructions to issue a conditional writ after California conceded that Ellis’ conviction should be overturned due to his attorney’s ...

Kansas Supreme Court: State Failed to Prove Building Was a Dwelling

by Douglas Ankney

In a case of first impression for the Supreme Court of Kansas, the Court affirmed the decision of the Court of Appeals that had reversed the burglary conviction of Charity Downing because the State failed to prove the building allegedly burgled was a “dwelling” as defined by ...

Maine Supreme Court Declares Blood Draw Statute Unconstitutional, Overruling Cormier

by Douglas Ankney

The Supreme Court of Maine declared 29-A M.R.S. §§ 2522(2) and 2522(3) facially unconstitutional, overruling State v. Cormier, 928 A.2d 753 (Me. 2007).

Randall J. Weddle was pinned inside the cab of his tractor-trailer as the result of an accident that involved five vehicles. ...

Connecticut Supreme Court Clarifies Standard of Review for Confrontation Clause Claims; Reverses and Remands for a New Trial

by Douglas Ankney

The Supreme Court of Connecticut clarified the standard of review for claimed violations of the Sixth Amendment’s Confrontation Clause and reversed the judgment of the Appellate Court affirming the convictions of Horvil F. Lebrick.

Lebrick was charged with attempted robbery and felony murder, among other things, ...

More Crooked Cops in New York City Make the Naughty List

by Douglas Ankney

In October of 2019, the Bronx District Attorney released a heavily redacted list of 75 cops whose testimony the District Attorney’s office feared would undermine cases. Because many of those cops were proven to be liars, the prosecutors won’t call them as witnesses.

Prior to the release ...

White Cop Gets 10 Years for Murder; Black Kid Gets 10 Days for Oversleeping

by Douglas Ankney

Former white police officer Amber Guyger murdered her black neighbor and was sentenced to 10 years in prison. In contrast, 21-year-old Deandre Somerville, a black college student from Palm Beach County, Florida, committed the offense of oversleeping and arriving late for jury duty.

Somerville — who has ...

 

 

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