by Douglas Ankney
The Supreme Court of New Hampshire held that the state’s armed career criminal statute (codified at RSA 159:3-a) applies only to persons whose qualifying convictions arise from three or more separate criminal episodes.
Jonathan Folds allegedly sold 50 grams of heroin to a “cooperating …
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s decision that a prosecutor does not enjoy absolute immunity from suit for fabricating evidence during a preliminary investigation.
In November 1999, 14-year-old C.A. was reported missing by Floyd Bledsoe. C.A. was …
by Douglas Ankney
The U.S. Court of Appeals for the Third Circuit ruled that the Superior Court abused its discretion when it failed to conduct an evidentiary hearing on a habeas petitioner’s Brady claim and ruled the Appellate Division abused its discretion when it failed to conduct an …
by Douglas Ankney
The Supreme Court of Minnesota ruled that forcing a suspect to undergo an anoscopy to retrieve a baggie from his rectum was an unreasonable search even though police had obtained a warrant permitting the procedure.
Guntallwon Karloyea Brown was arrested after an informant made …
by Douglas Ankney
Most DNA testing companies will not provide customer data to law enforcement unless there is a lawful court order. But FamilyTreeDNA distinguishes itself by not just permitting police to access its consumer data but also relishes in doing so. In a company ad, the father …
by Douglas Ankney
The U.S. Court of Appeals for the Sixth Circuit announced that limitation of 28 U.S.C. § 2244(b)(1) doesn’t apply to successive § 2255 petitions and ruled that if it is appears more likely than not that the district court relied on the residual clause of …
by Douglas Ankney
When schoolchildren were asked what they wanted to be when they grew up, a frequent answer used to be “a policeman.” But apparently that’s no longer true. Sixty-six percent of police departments across the U.S. reported a decline in applications, according to a survey of …
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit reversed a district court’s judgment and remanded with instructions to grant a federal prisoner’s 28 U.S.C. § 2241 habeas petition seeking resentencing based on the savings clause of 28 U.S.C. § 2255(e).
In 2009, Deandre …
by Douglas Ankney
The Supreme Judicial Court of Massachusetts explained the procedures for filing and adjudicating a motion brought under G. L. c. 278A, which allows those convicted access to forensic and scientific testing of evidence that could potentially prove their innocence, and ruled that a defendant convicted …
by Douglas Ankney
In September 2013, William Roy Boatwright was arrested while exiting a house later discovered to contain 107 pounds of marijuana, 60 pounds of marijuana shake, a vacuum-sealing device, drug paraphernalia, and four grams of methamphetamine. Boatwright told officers he was helping a friend package marijuana …
