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22 May 2012, 11:07 am
It concludes, through a careful reading of the three cases, as well as examination of successful defense appeals in the courts of appeals, that the exclusionary rule, though limited, is neither dead nor unacceptably constrained. [read post]
5 Dec 2010, 8:27 am
.* A suppression motion for possession of knife on school grounds was granted, and the state appealed. [read post]
20 Mar 2010, 5:10 am
Based on the trial court’s finding that the defendant did not feel restrained, the court of appeals (People v. [read post]
23 Feb 2008, 9:20 pm
Defendant failed to preserve her question of law for appeal of a conditional plea, and the appeal is dismissed. [read post]
18 Sep 2010, 5:27 am
There was a letter defense counsel had that was not in the file and the USAO could not corroborate that talked about reserving the search issue for appeal. [read post]
21 Apr 2012, 10:19 am
Under these circumstances, we overrule the State's sole issue on appeal. [read post]
10 Sep 2011, 8:48 pm
” In a similar case last year, Chief Judge Alex Kozinski of the federal appeals court in San Francisco wrote that “1984 may have come a bit later than predicted, but it’s here at last. [read post]
29 Aug 2011, 9:19 pm
LEXIS 294 (August 25, 2011): Because Defendant does not make any separate arguments under the Utah Constitution, we consider his appeal only under the protections afforded by the United States Constitution. [read post]
18 Oct 2010, 3:05 pm
Whether the court of appeals erred in denying petitioner absolute immunity from the pretext claim. 2. [read post]
16 Sep 2010, 1:34 am
Wiggins appeals from his conviction of possession of a firearm by an ineligible person. [read post]
14 Mar 2012, 5:07 am
Defendant’s suppression motion was denied in 1998 and he appealed. [read post]
9 May 2017, 1:30 pm
First, the material must appeal to the “prurient interest” (meaning it has to have the tendency to excite lustful thoughts). [read post]
17 May 2012, 5:44 am
The Fifth Circuit and the United States Court of Appeals for the Ninth Circuit held, before the Supreme Court issued its United States v. [read post]
26 Apr 2010, 6:25 am
Williamson was convicted by a jury in the Circuit Court for Anne Arundel County in 2007 on charges of rape and related offenses for the 2002 crime, and he appealed to the Court of Special Appeals, arguing that his arrest warrant for the 2002 rape was based on a statement of probable cause predicated upon the illegal testing of the DNA from the discarded cup and the 1994 forensic examination, as well as the uploading of his DNA profile into a local database and search of that… [read post]
26 Mar 2011, 11:39 am
This runs contrary to the consensus of ten circuit courts of appeals at the time of the challenged strip searches. [read post]
29 Dec 2011, 9:11 pm
At issue in this appeal is whether Carolyn Jewel and other residential telephone customers (collectively “Jewel”) have standing to bring their statutory and constitutional claims against the government for what they describe as a communications dragnet of ordinary American citizens. [read post]
9 Dec 2007, 8:24 am
We agree with the Court of Special Appeals that Terrance Parker's controlled dangerous substance conviction should be vacated. [read post]
30 Aug 2011, 11:42 am
But there should be a check against what Judge Alex Kozinski of the California federal appeals court called the possibility of “creepy and un-American” government acts. [read post]
25 May 2012, 6:32 am
We hold that the court of appeals erred to rely upon this de facto presumption to affirm the trial court's ruling on the appellee's motion to suppress. [read post]
