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7 Sep 2023, 7:33 am by Alex Phipps
Court of Appeals (Sept. 5, 2023) appeared first on North Carolina Criminal Law. [read post]
11 Oct 2013, 7:00 am
As highly qualified Michigan criminal appeal attorneys, we are occasionally asked by defendants whether they can appeal a conviction based on the fact the defendant felt his or her defense lawyer was ineffective or incompetent. [read post]
25 Sep 2019, 8:00 am by Daily Record Staff
Maryland Court of Special Appeals Criminal Procedure; Traffic checkpoints: Where defendant was found in possession a gun after being pulled over for not wearing his seatbelt in the course of a police department “traffic initiative,” circuit court properly denied defendant’s motion to suppress because the “traffic initiative,” in which police did not block or restrict ... [read post]
8 Dec 2015, 10:42 am by Daily Record Staff
Maryland Court of Special Appeals Criminal Procedure, Custodial interrogation: The trial court properly denied the defendant’s motion to suppress statements made to department store loss prevention agents after she was stopped as she exited the store carrying concealed merchandise because the loss prevention agents were not acting as State agents at the time of the ... [read post]
23 Feb 2023, 7:56 am by Alex Phipps
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 21, 2023. [read post]
10 Sep 2013, 9:28 am by Adrian Miedema
” Interestingly, the appeal court held that in appropriate cases, it was permissible for criminal negligence fines to bankrupt a corporation. [read post]
14 Nov 2018, 5:49 am by Rick Davis & Associates
Texas, the Court of Criminal Appeals of Texas clarified that a jury note stating the jury unanimously agreed the defendant was not guilty on a charged offense did not constitute an acquittal, and therefore, it found a second trial was permissible. [read post]
11 Sep 2012, 11:32 am by Chad Bray
Ninth Circuit Court of Appeals said a lower court went too far in broadly barring a local prosecutor from enforcing the law, which allows women to be charged criminally for undergoing procedures that the state deems “unlawful. [read post]
4 Feb 2019, 1:19 pm by The Blog Team
Talk to anyone lucky enough to earn his/her livelihood through criminal appellate practice, and you’ll likely hear some version of the following complaint: the Government is never held to the same standard as the criminal defendant on appeal. [read post]
24 Apr 2019, 11:16 am by Daily Record Staff
Court of Appeals Criminal Procedure; Post-conviction relief: Where client was convicted of one count of violating environmental regulations proscribing disposal of waste for each day on which the violation occurred, jury instruction that “every day on which a violation is still present constitutes a separate violation until the violation is corrected” was so plainly contrary ... [read post]
12 Jul 2017, 12:00 pm by Daily Record Staff
Court of Appeals Administrative Law, Abuse or neglect of animals: Under Maryland Code, Criminal Law Article, §10-615, which provides that an officer of a humane society may take possession of an animal from its owner “if necessary to protect the animal from cruelty” or “if necessary for the health of the animal,” even though the ... [read post]
17 May 2017, 12:00 pm by Daily Record Staff
Court of Appeals Criminal Procedure, Discharge of jury without verdict: The trial judge’s declaration of a mistrial and discharge of the jury obviated the judge’s authority to subsequently enter a judgment of acquittal, and, given the judge’s erroneous entry of a judgment of acquittal, double jeopardy principles did not bar the defendant’s retrial. [read post]
27 Apr 2016, 11:17 am by Daily Record Staff
Court of Appeals Administrative Law, Arbitration: Prince George County lacked the authority to enter into a collective bargaining agreement requiring that, before a criminal investigative interview of one of the County’s police civilian employees, the employee be advised of right to have union representative present at interview. [read post]
9 Feb 2023, 7:11 am by Alex Phipps
Court of Appeals (Feb. 7, 2023) appeared first on North Carolina Criminal Law. [read post]
9 May 2014, 10:00 am by JacksonWhite Law
The post Public Intoxication is Not a Crime in Scottsdale, Says Arizona Appeals Court first appeared on Criminal Defense Law. [read post]
21 Jul 2015, 9:44 am by Jessica Smith
The post NC Court of Appeals Holds that DMV Records Are Non-Testimonial appeared first on North Carolina Criminal Law. [read post]
4 Nov 2021, 7:42 pm by Jamie Markham
This post summarizes published criminal decisions from the North Carolina Court of Appeals published on November 2, 2021. [read post]
2 Feb 2018, 10:13 am by Adrian Miedema
The Court of Appeal for Ontario has upheld the criminal negligence (“Bill C-45”) conviction and 3 1/2 year jail term […] [read post]
3 Aug 2023, 8:04 am by Alex Phipps
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 1, 2023. [read post]