Search for: "Wilson v. Terry"
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14 Apr 3:44 am
... the guy who'd robbed him, down the street. The two exchanged gunfire before Wilson caught up with Yongquea, shot him in the back, and
retrieved his drugs. ... 'd been caught in the crossfire did not, and last week the 8th affirmed Wilson's conviction for involuntary
manslaughter, despite the fact that it was Yongquea's shot which took ... he left without doing so would be entitled to some weight. State v. Terry is not as crisp as it could be, either. An informant by the name of Mankins tipped the cops ...
3 Nov, 2007 11:57 am
... Lowe's Home Centers, Inc. From the Supreme Court of Alabama: Exxon Mobil Corporation f/k/a Exxon Corporation v. Alabama Department of Conservation and Natural Resources et
al. Ex parte Terry, In re: Terry v. Terry Ex parte
Essary, In re: Burrell v. Essary Ex parte Wilson, In re: Wilson v. Madison County Board
of Education Bush v. Alabama Department of Corrections Ex parte Stewart, In re: Furth, Fahrner & Mason, P.C., et al. v. Etherton et al.
19 Mar, 2007 10:03 am
... 's motion to suppress the evidence seized pursuant to the search warrant." Bruce Antonio Howard v. State of Indiana - "Perhaps creating the most significant concern regarding
the legality of this search was ... saw him. These circumstances did not warrant a pat-down search incident to a Terry stop. We conclude that
the seizure of Howard's person and thereby his ... Parent-Child Relationships of T.W., J.W., and K.W.; Monique Wilson v. Marion County
Department of Child Services and Child Advocates, Inc. ...
14 Jan 1:16 am
... Student Intern, University of Wyoming Defender Aid Program. Representing Appellee State: Bruce A. Salzburg, Attorney General; Terry L.
Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Jenny L. Craig ... that he was not free to leave. The Court has stated previously that a
request for identification is not by itself a seizure. In Wilson v. State (1994), the Court found that a consensual encounter with
police remained consensual when a police officer requested ...
8 Mar, 2007 7:56 am
... did not abuse its discretion in striking the affidavit of [expert witness] Frank Burg." Terry Hyser v. John Vannatta, Department of
Corrections, et al. (NFP) Three Thousand, ... of business and a buyer of an entrusted vehicle is clearly erroneous." Midwest Minerals, Inc. v. Board of Zoning Appeals of the Area
Plan Department/Commission of Vigo County (NFP) ... Vigo County's Unified Zoning Ordinance, we affirm." NFP criminal opinions today (3): Robert Wilson v. State of Indiana (NFP) Dustin Chadwick v ...
5 Dec, 2008 2:49 pm
... FED App. 0435P (6th Cir. December 2, 2008).* Defendant's stop was valid under Terry for two apparent traffic violations. He consented after
that. United States v. ... N.D. Okla. December 2, 2008).* Plaintiff's civil case was barred by Heck. "Wilson's version of the incident
necessarily implies that her convictions were unlawful. In essence, Wilson claims ... she was not behaving in any manner that would justify the
use of force by either officer." Wilson v. Gilbert, 2008 U.S. Dist. LEXIS 97777 (S.D. Ind. ...
2 Sep, 2007 11:02 am
... " to see if the driver got excessively nervous. This was tantamount to an arrest. While Pennsylvania v. Mimms allows an officer to order a motorist out of the car and a
patdown can be done ... v. Holt, 264 F.3d 1215, 1221 (10th Cir. 2001). . . . In Wilson v. State, 745 N.E.2d 789 (Ind. 2001), the
Indiana Supreme Court ... dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime." Terry, 392
U.S. at 27. The Court has ruled that there is no justification for ...
30 Jun, 2008 5:51 pm
... of the matter is that it did not, and that deficiency is fatal to the prosecution. Reversed. In State of Indiana v. William R. Whitney , a 9-page opinion, Judge May writes:
The State of ... Indiana (NFP) Steven Loyd Brinkley v. State of Indiana (NFP) Patrick Wilson v. State of Indiana (NFP) Michael A.
Peterson v. State of Indiana (NFP) Rick G. ... of Indiana (NFP) Dewayne Easley v. State of Indiana (NFP) Chad Lemons v. State of Indiana (NFP) Terry Washington v. State of Indiana (NFP) Anibal Saravia v ...
20 Jun, 2007 4:29 am
... adhere thereto is unreasonable and violates the Fourth Amendment. Cf. United States v. Maple, 358 U.S. App. D.C. 260, 348 F ... first giving the prisoner an opportunity to
make other lawful arrangements for its disposition."); Arrington v. United States, 382 A.2d 14, 18 (D.C. 1978) ("[P ... he so chose, then Shaw and Pahlke seized Washington. See
Terry v. Ohio, 392 U.S. 1, 18, 88 S. Ct ... 19, 2007): Turning first to the alleged knock-and-announce violation, see Wilson v. Arkansas, 514 U.S. 927, 930, 115 S. Ct ...
25 Feb, 2007 2:43 pm
... police who came onto the property and looked, too. Under Dunn, it was open fields. Wilson v. State, 2007 Fla. App. LEXIS 2596 (5th
Dist. February 23, ... a demarcation point separating the residence and curtilage from the remaining property. See United States v. Taylor, 458 F.3d 1201 (11th Cir. 2006)
(holding perimeter fence around ... frisked all six people. The supreme court found the stop and search reasonable under Terry. Lee, 48 Ill. 2d
at 277. The police officers had a reasonable suspicion that the ...
27 Apr, 2007 12:22 pm
... thus justifying an investigatory stop of Mr. Fleming under Terry v. Ohio, 392 U.S. 1 (1968); see also Wilson v. United States, 802 A.2d 367, 369 ... s failure to assert a futile Fourth Amendment claim did not prejudice the defendant. Garvey v.
State, 2007 Del. LEXIS 184 (April 26, 2007).* Defendant was stopped and vehicle had ... made the officer believe that there was yet another gun, and that permitted a further search.
State v. McManemy, 2007 Iowa App. LEXIS 518 (January 31, 2007): Officer Woodley's ...
15 Dec, 2008 11:07 pm
... no distinction between drivers and passengers in ruling that evidentiary fruits from illegal traffic stops must be excluded. In Delaware v. Prouse, an officer - without
observing any traffic violation - stopped a car driven by an unidentified person, ... - officers should have "unquestioned control of the situation." From Terry (officer may pat down suspect) to Mimms (officer may order driver out of car) to Wilson (officer may order
passenger out of car), the Supreme Court has upheld a long list of ...
27 May, 2007 7:05 pm
... and during the strip search because the jury obviously credited the plaintiff. Derrick v. Aquino, 2007 U.S. App. LEXIS 12285 (2d Cir. May ... intent, or that defendants acted
recklessly or callously. See Smith v. Wade, 461 U.S. at 56. Wilson testified that (1) he was familiar with the defendants prior to the
incident; ... along with other factors, discussed below, gave the Officer reasonable suspicion to conduct a Terry stop. Id. Lawson also
contends the other factors cited by the Officer in justifying ...
26 Jan 2:30 pm
... Johnson did not violate the Fourth Amendment's prohibition on unreasonable searches and seizures. Pp. 5-9. (a) Terry established that, in
an investigatory stop based on reasonably grounded suspicion of criminal activity, the police must be positioned to act instantly ... minimize the risk of harm by exercising
"'unquestioned command of the situation,'" Maryland v. Wilson, 519 U.S. 408, 414. Three decisions cumulatively portray Terry's application in a traffic-stop setting. In Pennsylvania v. Mimms ...
22 Jun, 2007 11:27 am
... Koch, Admin. of Estate of Carrie A. Gardner, an 8-page opinion, Judge Barnes writes: Terri Hanninen appeals the trial court's grant of attorney's fees, costs, and ... his
employment at ISU, we reverse. * * * The judgment of the Review Board is reversed." Samantha Laney v. State of Indiana - "The trial court did not err in permitting the State to
amend the ... we must reverse the termination of her parental rights. Reversed." Phyllis Wilson and Robert Tucker v. Dean Myers and
Edward D. Jones & Co. ( ...
29 Jan 3:45 am
... which held that once the vehicle is legitimately stopped, the police could lawfully remove the driver from the car; the decision twenty years in Maryland v. Wilson, extending the same rule to passengers; and Brendlin v. California, the 2007 ... d committed any offense. Johnson clearly holds that once the
vehicle is stopped, the passenger is considered "seized" within the meaning of Terry for the duration of the stop. In essence, they did exactly
what I said they might in my earlier post: "they may ...
20 Oct 10:21 am
... -06.pdf LESSER INCLUDED OFFENSES IN NJ CRIMINAL CASES State v. Brian Wilson, unpublished opinion, App. Div. Docket No. A-4588-05T4
(September ... a4450-07.pdf NEW JERSEY SEARCH AND SEIZURE LAW State v. Brian Crammer, unpublished opinion, App. Div. Docket No. A-3641-08T4 ... destination were ... benign [and]
insufficient to establish the constitutionality of an investigative detention under Terry. As a consequence, a stop based solely upon the
information provided by the confidential informant in this case ...
18 Jun, 2007 9:18 am
Rick Kittel won in State v. Wilson, No. 96,507 (Kan. App. June 15, 2007)(unpublished), reversing a Leavenworth County drug conviction.
It is really one of ... 's girlfriend. When officers approached the front door, back up officers saw Mr. Wilson leaving a back window, but he
could not get down and ended up ... he could have activated it to harm [the officer]. The purpose of the pat-down search authorized by Terry is
to identify and remove weapons that may be used against the officer, not to search for ...
30 Oct, 2007 3:06 am
... admitted to having a prior firearms conviction before his patdown. United States v. Wilson, 2007 U.S. App. LEXIS 25289, 2007 FED App
... 29, 2007): Although this court ultimately held that the search of Bell [in United States v. Bell, 762 F.2d 495 (6th Cir. 1985)] was not in violation ... citation omitted).
"As to the propriety of the 'automatic companion' rule, we do not believe that the Terry requirement of reasonable suspicion under the
circumstances ... has been eroded to the point that an individual ...
27 Nov, 2007 12:05 am
... Agree to Deal in Teen Sex Case Fulton County Daily Report Like Genarlow Wilson, Joshua Widner received a mandatory 10-year sentence for
nonforcible sexual activity with a ... the coach a "sexual predator" in an e-mail. Former coach Timothy Nardiello contended that Terry Allen's
charges "imputed unchaste behavior" upon him; contributed to his suspension as ... of Supreme Court oral arguments set for Dec. 5 in Boumediene v. Bush and Al Odah v.
United States. The cases, testing the habeas corpus rights of ...
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