by Douglas Ankney
Beginning January 1, 2020, cops in California will be allowed to use deadly force only when the “officer reasonably believes ... that deadly force is necessary to defend against an imminent threat of death or serious bodily injury.”
The law was inspired by the 2018 shooting of ...
by Douglas Ankney
Many people are aware that Pilate found Jesus “not guilty,” but Jesus was sentenced to death anyway. Fortunately, the American system of justice doesn’t permit such outcomes. Or does it?
According to reason.com, federal judges can — and often do — use what is called “acquitted conduct” ...
by Douglas Ankney
In a case of apparent first impression, the Court of Appeals of Maryland announced that a circuit court has authority to revise a criminal defendant’s sentence for up to five years from the date the circuit court granted postconviction relief, permitting a belated motion for modification of ...
by Douglas Ankney
The Supreme Court of Indiana held that a postconviction petition that raises only issues emerging from the new trial, new sentencing, or new appeal obtained from a federal court through habeas proceedings is not a second or successive petition under Indiana Post-Conviction Rule (“Ind. P-C. R.”) 1(12). ...
by Douglas Ankney
The U.S. Court of Appeals for the Sixth Circuit reversed the decision of a district court that denied habeas relief. In an unusual ruling, the Sixth Circuit found that defense counsel was ineffective for failing to initiate plea negotiations.
In February 2010, Curtis Byrd and his girlfriend ...
by Douglas Ankney
In April 2007, the Orange County (California) District Attorney (“OCDA”) began what has become the largest database of DNA profiles not created by legislative act. Shrouded in secrecy until now, UC Berkeley Law Professor Andrea Roth has pulled back the curtain to reveal a perverse creature.
The ...
by Douglas Ankney
The U.S. Court of Appeals for the Fifth Circuit affirmed the decision of a district court that granted summary judgment to the plaintiffs in a § 1983 suit alleging that the practices of the judges (“Judges”) of the Orleans Parish Criminal District Court (“OPCDC”) violated the Due ...
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit vacated Michael Clark’s conviction and remanded for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978).
Investigator Todd Maas is a police officer in Superior, Wisconsin. He prepared a warrant application and signed the supporting ...
by Douglas Ankney
The Supreme Court of Minnesota announced a heightened pleading standard when a petitioner asserts a Birchfield/Johnson claim for relief in a collateral postconviction motion.
On March 22, 2012, deputies from the Washington County Sheriff’s Department found Jason Fagin asleep in his car. A pat search of Fagin ...
by Douglas Ankney
The Supreme Court of Missouri clarified that a defendant is entitled to a self-defense jury instruction whenever there is substantial evidence to support the submission of the instruction, and the fact that a defendant presents evidence contrary to the theory of self-defense is not an exception.
Andrew ...
