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Articles by Douglas Ankney

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 ...

Prosecutors Transform Due Process into ‘Dues Processed’

by Douglas Ankney

Criminal justice reform advocates often espouse pretrial diversion programs. These programs permit accused citizens to pay a fee and take a class or two in exchange for dismissal of the charges and a clean record.

The prosecutor doesn’t have to spend time or resources prosecuting the charges, ...

Sixth Circuit Vacates Sentence Because District Court Relied on Uncharged Shooting Allegation for Upward Departure from Sentencing Guidelines Range

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit vacated the sentence of Andre D. Hatcher, Jr. because the district court relied on an uncharged shooting allegation as a reason for imposing a sentence that was an upward departure from the Sentencing Guidelines range.

In March 2017, ...

Washington Supreme Court Remands for Resentencing Where State Failed to Prove Criminal History

by Douglas Ankney

In an enbanc decision, the Supreme Court of Washington reversed and remanded for resentencing where the State failed to prove a defendant’s criminal history beyond a reasonable doubt.

A jury convicted Brandon Cate of burglary, theft, and malicious mischief in Okanogan County Superior Court. Cate testified that ...

 

 

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