Search for: "Pb, Appeal of"
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31 Oct 2009, 8:14 am
Defense counsel was not ineffective for not raising a Gant issue where his appeal was decided before Gant. [read post]
18 Aug 2012, 5:41 am
“Appeal from a grant of summary judgment for defendants on plaintiff-appellant Jody Fabrikant's federal constitutional claims, which arose from a search of her property, her arrest on animal abuse charges, and the seizure, spaying and neutering, and fostering of her dogs during the pendency of state criminal proceedings. [read post]
19 Jan 2007, 5:47 am
There is normally no expectation of privacy in a stolen vehicle, but the Indiana Court of Appeals finds standing in a locked metal box defendants had in a stolen vehicle, analogizing it to a purse which has been left in a stolen vehicle during a stop. [read post]
14 Mar 2008, 4:02 am
Applying Ceccolini, the Florida Fourth District Court of Appeals refuses to suppress the testimony of a witness found as a result of an arguably illegal search. [read post]
3 Jul 2011, 5:27 am
The state argued on appeal that the standard should have been reasonable suspicion. [read post]
12 Sep 2012, 4:23 am
The government perfunctorily defended the search and lost on Fourth Amendment grounds and failed to fully address the good faith exception in the district court, instead briefing it on appeal. [read post]
22 Mar 2012, 5:09 am
Defendant did not show how his failure to testify at the suppression hearing would have changed anything in light of the video, not that IAC claims can be raised on direct appeal anyway. [read post]
8 Nov 2011, 4:36 am
.* Defense counsel fully litigated the motion to suppress and appealed it, so there was no IAC. [read post]
8 Dec 2011, 2:56 am
This was on a motion to reconsider and there was no notice of appeal timely filed from the original order. [read post]
21 Sep 2010, 8:33 pm
Defendant’s IAC claim that defense counsel waived his Fourth Amendment parole search claim in his state appeal fails because, even if all that defendant says is true, the search would have been valid under the good faith exception for searches under a prior statute declared unconstitutional (Illinois v. [read post]
4 Oct 2011, 6:15 am
“Moreover, Appellant presents no law that indicates that the denial of a search warrant is a final appealable order which would lead to the invocation of the doctrine of res judicata in subsequent proceedings. [read post]
1 Dec 2010, 8:10 am
In a GPS case, where all the right things were argued, Ohio’s 12th District Court of Appeals rejects NY’s Weaver (2009) and Washington’s Jackson (2003) because the Ohio Supreme Court says that the state constitution is to be interpreted like the Fourth Amendment. [read post]
21 Jul 2012, 6:02 am
Defendant’s attempt to recast his already denied-on-appeal search issue as an ineffective assistance claim that it wasn’t argued right the first time fails as an attempt to relitigate that which is already decided. [read post]
15 Feb 2008, 6:02 am
There was no privity with the officer in the underlying case, and plaintiff had no incentive to appeal since he won his criminal case. [read post]
2 Mar 2008, 8:12 am
[The three divisions of the Washington Court of Appeals are essentially on agreement on this issue.] [read post]
14 Feb 2011, 5:41 am
Reasonable jurists would not agree he had any chance of success on appeal for not citing cases not yet decided at the time of the suppression hearing or in failing to predict future developments in Fourth Amendment law. [read post]
17 Aug 2011, 4:50 am
The trial court granted the suppression motion, but the appellate court held that standing could be raised by the state for the first time on appeal, and the mall operator had no standing in the public garage. [read post]
21 Mar 2012, 7:40 am
.* Defendant lost on his arrest issue on the merits on appeal, so he can’t pursue it on a 2255. [read post]
26 Jun 2017, 7:44 am
The post Supreme Court partly reinstates Trump’s travel ban appeared first on PBS NewsHour. [read post]
29 May 2010, 12:28 pm
App. 4DCA May 26, 2010): In this appeal, Fratcher complains of the following comment the prosecutor made during her opening statement: The police get there. [read post]
