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24 Feb 2008, 12:38 pm
February 21, 2008): While the Eleventh Circuit has remained silent on the issue before this Court, several other circuit courts of appeal have issued decisions considering whether an unauthorized driver of a rented vehicle can challenge a search of that vehicle. [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]
24 Apr 2012, 4:40 am
Because the Court of Appeals in this case relied on Ventura and extended its holding to the context of illegal entries of the home, we reverse the judgment of the Court of Appeals and remand this matter to the trial court. [read post]
28 Feb 2012, 9:27 pm
In light of the limited record on direct appeal, we have "no way of knowing whether a seemingly unusual or misguided action by counsel had a sound strategic motive or was taken because the counsel's alternatives were even worse. [read post]
7 Jul 2007, 7:40 am
Law of the case barred relitigating on a second appeal a search issue determined in the first appeal. [read post]
8 Jun 2007, 3:19 pm
LEXIS 526 (June 6, 2007): P22 On appeal, the state relied upon the hot pursuit doctrine to justify the warrantless entry. [read post]
25 Jul 2011, 7:03 pm
We conclude that this appeal falls within the narrow class of orders immediately appealable under the collateral order doctrine enunciated in Cohen v. [read post]
22 Sep 2010, 4:51 am
A year later, the en banc Court of Appeals for the Ninth Circuit also reversed its prior precedent and upheld a blanket policy of strip searching all arrestees before they enter San Francisco's general jail population. [read post]
15 Jul 2024, 2:21 pm
Viguerie discuss his career as a marketer and political operative here on CSPAN and was interviewed by Bill Moyers on PBS in 2004. [read post]
21 Oct 2011, 12:13 pm
The First District Court of Appeal, Div. [read post]
12 Jul 2011, 6:37 am
No U.S. appeals court appears to have ruled on whether such an order would be legal or not under the U.S. [read post]
16 Dec 2008, 11:43 am
LEXIS 539 (October 31, 2008)* (Note: This opinion is from the Virginia Supreme Court but is in Lexis as from the Court of Appeals.) [read post]
26 Dec 2008, 9:10 am
.* IRS summons appeal was wholly frivlous, based on name being in capital letters and his "special appearance" exempting him from participating in the case. [read post]
21 May 2012, 9:25 pm
The Courts of Appeals for the First and Seventh Circuits have wisely found that the Constitution protects the right to videotape police officers while they perform official duties. [read post]
31 Oct 2012, 6:33 am
.* Property owner’s Fourth Amendment administrative warrant claim changed on appeal, so the change was defaulted. [read post]
26 Apr 2010, 5:49 am
Raising it for the first time on appeal is inappropriate. [read post]
20 Mar 2012, 5:04 am
Court of Appeals for the Fifth Circuit, arguing that the government should be required to obtain a warrant based on probable cause before seizing 60 days’ worth of location information generated by an individual’s cell phone. [read post]
29 Nov 2010, 8:20 pm
Circuit Court of Appeals, according to George Washington University law professor Jeffrey Rosen. [read post]
22 Mar 2012, 4:14 am
.* Defendant's 2255 was couched in terms of a Fourth Amendment violation and not a Sixth Amendment violation, so it should have been raised in the direct appeal. [read post]
10 Apr 2011, 9:51 pm
Without appropriate findings, the court of appeals should have remanded to the trial court for more findings rather that deciding the case. [read post]
