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Articles by Douglas Ankney

Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit made the rare decision to order an evidentiary hearing be held in the U.S. District Court for the Southern District of Indiana upon finding that the record was insufficient to permit review of Ryan T. McMullen’s 28 U.S.C. ...

Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis

by Douglas Ankney

An audit released by Los Angeles (“LA”) City Controller Kenneth Mejia revealed that the Los Angeles Police Department’s (“LAPD”) frivolous use of helicopters from the Air Support Division (“ASD”) cost taxpayers far more than any benefits received. The ASD employs more than 90 people and operates over ...

Texas Court of Criminal Appeals Announces Correct Computation of Time for Purposes of Determining When Statute of Limitations Has Run for Returning Indictment

by Douglas Ankney

The Court of Criminal Appeals of Texas explained the proper procedure for computing periods of time for purposes of determining the end date of a statute of limitations (“SOL”) and held that the two-year SOL period for an assault allegedly committed on July 7, 2019, expired on ...

First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’

by Douglas Ankney

The U.S. Court of Appeals for the First Circuit held that Daniel Donald’s waiver of his rights under Miranda v. Arizona, 384 U.S. 436 (1966), was not valid where an interrogating officer answered “No” to Donald’s question: “None of this can be used against me, can it?” ...

‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms

by Douglas Ankney

In 2008, snitch Shahed Hussain worked as a paid informant for the Federal Bureau of Investigation (“FBI”). Hussain met James Cromitie in the parking lot of a mosque in impoverished Newburgh, New York, where a large Muslim population resides. Cromitie, a small-time drug dealer was broke. Hussain ...

Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed

by Douglas Ankney

In April 2023, Myles Cosgrove was hired by the Carroll County Sheriff’s Department in Kentucky. But about three years earlier, Cosgrove was fired by the Louisville Police Department (“LPD”). Cosgrove had been one of the three officers who fired their guns during the ludicrous early-morning raid that ...

Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible

by Douglas Ankney

The Supreme Court of Michigan held that Joshua Lamar-James Stewart’s age and his health, along with the timing of the police interrogation and the officers’ tactics that included promises of leniency, racial slurs, a combative tone, and misrepresentation of the evidence against Stewart rendered his statements involuntary ...

Tales From the ‘Tails’ of Bloodstains

by Douglas Ankney

Protrusions that deviate from the boundaries of otherwise elliptical bloodstains—known as “tails”—may provide additional relevant crime-scene evidence, according to James Bird, scientist and co-author of a study appearing in the journal Physics of Fluids.

A group of scientists from Boston University and University of Utah demonstrated that ...

Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’

by Douglas Ankney

The Supreme Court of Missouri made permanent its grant of a temporary writ of prohibition and ordered dismissal of the charges pending against Steven Wishom after the Jefferson Circuit Court failed to bring Wishom to trial on those charges within the 180-day limitations period of the Interstate ...

Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed

by Douglas Ankney

The U.S. Court of Appeals for the Third Circuit ruled that Ronald Rogers was denied effective assistance of counsel when his attorney sat silent after the trial judge admonished a prosecution witness that if he did not change his testimony to implicate Rogers, then the witness would ...

 

 

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