Search for: ""Franks v. Delaware" OR "438 U.S. 154"" Results 1 - 20 of 43
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17 Mar 2021, 9:57 am by Phil Dixon
Delaware, 438 U.S. 154 (1978), based on alleged material omissions from the search warrant affidavit. [read post]
16 Feb 2021, 1:46 pm by Phil Dixon
Error to deny evidentiary hearing on IAC claim for failure to investigate and present mitigating evidence of brain damage; district court properly denied alleged Brady and Batson violations U.S. v. [read post]
26 Dec 2020, 6:24 am by The Law Office of Philip D. Cave
Delaware, 438 U.S. 154, 155 (1978), or to make material omissions “that are designed to mislead, or that are made in reckless disregard of whether they would mislead, the magistrate,” United States v. [read post]
21 Dec 2020, 11:56 am by Phil Dixon
(1) Despite the State’s repeated use of “moped” to describe the defendant’s vehicle, sufficient evidence existed to establish that the defendant’s vehicle met the statutory definition of “motor vehicle”; (2) New trial required where trial court plainly erred in failing to instruct the jury on the definition of “motor vehicle” State v. [read post]
8 Feb 2019, 11:40 am by Michael Lowe
United States, 338 U.S. 160, 176, 69 S.Ct. 1302, 1311, 93 L.Ed. 1879 (1948); Woodward v. [read post]
12 Jun 2018, 7:33 am by Jonathan Holbrook
Delaware, 438 U.S. 154 (1978), where the defense alleges that a search warrant is invalid because the affidavit supporting it contained a false statement, without which there was insufficient probable cause to issue the warrant. [read post]
11 Apr 2014, 4:55 am by SHG
Delaware, 438 U.S. 154 (1978). [read post]
31 Oct 2012, 6:07 am by Susan Brenner
Delaware, 438 U.S. 154 (1978), the Supreme Court held that if a defendant shows the government deliberately or recklessly includes false information in a search warrant affidavit, the court must void the warrant and the results of the search if the information was necessary to finding probable cause. [read post]