Search for: "Pb, Appeal of"
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28 Jul 2007, 3:01 pm
Defendant's argument in the trial court was voluntariness of consent, but it changed to exploitation of the original illegality of seeking consent during the stop, based on a case decided after trial but before the appeal. [read post]
10 Oct 2010, 10:41 pm
The state did not raise standing in the trial court, so it cannot raise it for the first time on appeal. [read post]
26 Aug 2007, 1:10 pm
The Fourth Amendment claim had been previously upheld eleven years ago by the New York Court of Appeals in Brown v. [read post]
8 Jun 2009, 5:11 am
Court of appeals reversed. [read post]
10 May 2011, 5:46 pm
, husband-and-wife legacy expert attorneys, and hosts of an upcoming national PBS special. [read post]
9 Sep 2007, 11:55 am
UPDATE: How Appealing details via links here that New York's highest court starts the week with a death penalty case. [read post]
19 Oct 2010, 7:26 am
Tonight, the PBS news show Frontline will feature a story on the Todd Willingham case titled "Death by Fire. [read post]
29 Jan 2007, 12:15 pm
At How Appealing, Howard Bashman collects reviews and commentary here and here on the new PBS documentary "The Supreme Court," which premieres tomorrow at 9 PM. [read post]
21 Jul 2012, 6:24 am
Defendant’s 2255 claim that the search exceeded the consent was decided on direct appeal. [read post]
1 Feb 2008, 3:12 pm
.* Claim raised on direct appeal may not be relitigated in a § 2255, and it would appear that SCOTUS would not permit a search claim to be raised in a § 2255 anyway. [read post]
CA4: Reasonable mistaken identity was qualified immunity for three months detention as the wrong guy
9 Aug 2012, 4:16 am
The district court awarded summary judgment to Horner on the basis of qualified immunity, and Durham appeals. [read post]
21 May 2007, 3:59 am
After the trial and not making a motion to suppress, he raised the issue on appeal with what he had over the issue of whether he was in "possession" of the firearms. [read post]
27 Jan 2008, 7:11 am
The New Mexico Court of Appeals suppressed a search despite the district court's finding that there was no deterrence because the constitutional right is personal. [read post]
9 Feb 2008, 7:08 am
Trial court suppressed, but the court of appeals reversed (People v. [read post]
24 Feb 2012, 5:16 am
The court of appeals held that because the police had a valid arrest warrant for the resident and limited their search to those areas where she could be located, the fact that they could have been motivated to enter the house to search for drugs was immaterial and did not render the entry and subsequent seizure of evidence from defendant illegal. [read post]
14 Jul 2011, 4:25 am
Defendant’s motion to withdraw her guilty plea before Gant was denied, and she appealed. [read post]
22 Dec 2007, 7:30 am
The defense vows an appeal contending the trial judge refused to admit evidence of probable cause. [read post]
13 Jun 2010, 9:23 am
The court of appeals erred in requiring PC. [read post]
13 Mar 2008, 3:04 pm
On a state's appeal from dismissal of charges against City Council members because of a defective arrest warrant, a defective warrant does not deprive the court of jurisdiction to try the defendant. [read post]
14 May 2011, 6:52 am
The government appealed contending that the defendant did not feel coerced because he didn’t leave the apartment while officers, not the bomb squad, looked for the alleged bomb. [read post]
