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21 Sep 2008, 7:59 am
LEXIS 92 (September 12, 2008): We conclude that the Court of Appeals' reliance on Scott is misplaced based upon three relevant distinctions between Scott and the present case. [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]
12 Jul 2008, 1:30 pm
Rather, his ineffective counsel claim is premised upon counsel's failure to appeal the denied motion to suppress evidence. [read post]
12 Nov 2011, 9:20 pm
“In the absence of an adequate record on appeal, this court must presume that the trial court’s rulings were supported by sufficient evidence. [read post]
29 Oct 2008, 10:58 am
October 27, 2008)*: In drug-related cases, numerous courts of appeals have held evidence of drug crimes is likely to be found in drug dealers' residences. [read post]
21 Sep 2009, 1:48 am
We will therefore reverse the judgment of the Court of Appeals holding that the search at issue did not violate the Fourth Amendment. [read post]
22 May 2008, 5:23 am
Thus, our Court of Appeals has drawn a fine line between intentional shooting where the target's identity is mistaken, and intentional shooting where the target is missed and a non-target is hit. [read post]
25 Mar 2009, 10:50 am
The judges with New York's Court of Appeals grilled both lawyers. [read post]
25 Nov 2011, 9:24 pm
City of Aurora, 984 F.2d 349, 355 (10th Cir. 1993) (failure to raise specific objection to district court's exclusion of evidence precluded review on appeal). [read post]
26 Oct 2010, 4:11 am
On appeal, the Court of Appeals considered whether the officer had probable cause to seize the money, that is, whether the bills, by their mass and contour, were immediately identifiable to the officer's touch as incriminating evidence. [read post]
18 Apr 2007, 3:10 pm
This court has never had the occasion to apply this exception, though the Court of Appeals has done so. [read post]
18 Dec 2009, 4:21 am
The Court of Appeals held that it was reasonable to conclude from the affidavit that Mr. [read post]
24 Jul 2011, 9:05 pm
Morris, 2011 UT 40, 2011 Utah LEXIS 96 (July 22, 2011): [*P1] This appeal concerns the constitutionality of a police officer's actions during a traffic stop. [read post]
1 Nov 2009, 12:03 am
Pro se defendant who went to trial thinking he had to do so to preserve his computer search claim in a child porn case was still entitled to a two point reduction in his base offense level for acceptance of responsibility. [read post]
16 Jun 2007, 8:06 pm
The trial court's suppression of the evidence was sustained in this case because the officer testified that he smelled marijuana during defendant's traffic stop, and that justified the search of defendant's car. [read post]
18 Jul 2012, 9:37 am
Defendant’s failure to renew his motion to suppress after trial testimony became pertinent precludes use of the trial testimony to attack the suppression finding. [read post]
25 Dec 2010, 9:15 pm
The state did not raise inevitable discovery, so it was a “speculative inquiry” into whether it applied and the defendant likely was prejudice by not getting to litigate the issue. [read post]
13 Apr 2009, 4:21 am
The state failed to prove that defendant's search was validly based on the parole search exception, and then failed to put on any proof that the good faith exception would apply [aside from the fact the good faith exception is almost universally based on a search warrant without PC]. [read post]
15 Aug 2007, 7:20 am
The issue on appeal was a trial error, which was rejected. [read post]
1 Sep 2012, 5:38 am
Decisions of the United States Court of Appeals for the Third Circuit are in accord with DeSimone's approach. [read post]
