by Douglas Ankney
The U.S. Court of Appeals for the Second Circuit instructed a district court to issue a conditional writ of habeas corpus based on a state court’s erroneous application of evidentiary rules that resulted in the denial of the defendant’s right to present a complete defense.
Paul Scrimo ...
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit held that child pornography stored on multiple devices at the same location and at the same time is only one count of possession under 18 U.S.C. § 2252A(a)(5)(B).
Samuel Elliott had over 8,000 images of child pornography, including ...
by Douglas Ankney
The U.S. Court of Appeals for the Second Circuit clarified the circumstances when a defendant’s bail may include home confinement coupled with private armed security guards.
Jean Boustani applied for bail pending trial, proposing conditions that included home confinement under supervision of private security guards paid for ...
by Douglas Ankney
The Supreme Judicial Court vacated the convictions of Paulos Tavares, ruling that the trial court failed to suppress evidence that was obtained as the result of an officer extending a vehicle stop without probable cause, which made the evidence the proverbial fruit of the poisonous tree.
John ...
by Douglas Ankney
The Supreme Court of Kansas ruled that an officer’s discovery of an expired license plate subsequent to an illegal seizure did not attenuate the evidence obtained as a result of the illegal seizure.
Daniel Christian lawfully parked his car on a public street and sat there ...
by Douglas Ankney
The U.S. Court of Appeals for the Ninth Circuit has clarified when warrantless searches of cellphones at the border are reasonable.
Customs and Border Patrol (“CBP”) agents discovered nearly 31 pounds of cocaine in the spare tire of Miguel Angel Cano’s vehicle as he attempted to enter ...
by Douglas Ankney
In a case of first impression, the California Court of Appeal for Division One of the First District announced that a person convicted of felony accessory is eligible for resentencing under Proposition 64.
In September 2013, William Roy Boatwright was arrested while exiting a house later ...
by Douglas Ankney
The Supreme Court of Connecticut ruled that when an expert witness testifies to the truthfulness and accuracy of a DNA profile prepared by a different expert who did not testify the Confrontation Clause is violated.
Eugene L. Walker and two accomplices attempted to rob Neville Malacai Registe ...
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit ruled that a district court abused its discretion when it denied a 28 U.S.C. § 2255 petition without an evidentiary hearing when the record did not conclusively show the movant was not entitled to relief.
Pursuant to ...
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit ruled that a district court must ensure that when a criminal defendant waives the right to counsel, the defendant understands he is required to adhere to federal procedural and evidentiary rules.
Louis Delynn Hansen was indicted for ...
