Search for: "Pb, Appeal of"
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20 Jul 2007, 12:58 pm
The Third, Ninth, and Tenth circuit courts of appeals have likewise recognized the doctrine of constructive entry. [read post]
20 Nov 2011, 9:30 am
.* The legality of defendant’s arrest bearing on the voluntariness of his statement was not argued to the trial court, so it cannot be argued on appeal. [read post]
24 Mar 2012, 9:39 am
.* Appellate counsel’s decision not to appeal the alleged lack of probable cause for the search warrant was justified because it was a loser issue. [read post]
25 Mar 2010, 5:42 am
.* Defense counsel told the trial court that the search was not an issue in the case, so it was waived for appeal. [read post]
21 Feb 2012, 2:15 pm
As I noted yesterday, the Administration appealed the 2nd Circuit Decision granting review of the FISA Amendments Act to the Supreme Court last week. [read post]
28 Mar 2010, 7:05 am
The trial court and court of appeals erred in suppressing. [read post]
23 Mar 2011, 5:00 am
.* Defendant’s search warrant issue was litigated in the District Court before conviction, and counsel was not ineffective for not appealing it because it was clearly a losing issue. [read post]
3 Aug 2013, 9:00 am
Circuit appeal. [read post]
17 Aug 2010, 8:54 pm
.* A certificate of appealability (COA) from denial of habeas relief for failing to pursue a motion to suppress based on the smell of marijuana was denied because the case raises no issue for appeal that reasonable jurists would differ on. [read post]
26 Nov 2011, 9:13 pm
LEXIS 1415 (November 23, 2011)*: On appeal, Cowan makes much of the officers' failure to check with the property owner to see if Cowan had permission to park his car at that location. [read post]
23 Jun 2009, 5:43 am
App. 2008): Appellant urges us to extend the holding of Randolph and adopt the reasoning of the United States Court of Appeals for the Ninth Circuit in United States v. [read post]
31 Jul 2009, 11:52 am
Every conceivable search issue was raised on direct appeal, but not the one on post-conviction. [read post]
27 Jun 2011, 3:51 am
.* State’s certification of necessity for appeal was deficient and the state’s appeal of a suppression order was dismissed. [read post]
4 Aug 2011, 9:01 pm
Defendant’s argument in the trial court for suppression of evidence was not the same one he made on appeal, so the argument on appeal would not be considered. [read post]
4 Jul 2009, 6:10 am
June 30, 2009),* direct appeal: United States v. [read post]
25 Sep 2011, 11:44 am
The court of appeals holding that it was justified as a search incident when he was arrested 75' away from it is vacated. [read post]
6 Jun 2010, 6:40 am
His appeal to the Sixth Circuit was dismissed for the same reason. [read post]
11 May 2010, 3:25 am
Accordingly, we affirm the court of appeals on different grounds. [read post]
17 Nov 2009, 10:16 pm
However, the handgun was not an issue on the appeal, that supports the conviction, so the unlawful search was unreasonable. [read post]
2 Aug 2012, 7:10 am
Defendant’s guilty plea waived the search issue for appeal, and defendant can’t show that he would have won it if was appealed. [read post]