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31 Oct 2012, 5:15 am
.* Defendant raised and lost the search and seizure issue in the direct appeal, and he offers nothing to permit revising it. [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]
31 Oct 2012, 6:33 am
.* Property owner’s Fourth Amendment administrative warrant claim changed on appeal, so the change was defaulted. [read post]
29 Nov 2010, 8:20 pm
Circuit Court of Appeals, according to George Washington University law professor Jeffrey Rosen. [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]
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]
21 Jul 2008, 1:59 pm
.* Defendant actually waived his argument on appeal of apparent authority to consent by arguing voluntariness of consent in the district court. [read post]
23 Dec 2007, 6:19 am
After his suppression hearing [apparently Brendlin was decided] on appeal, the state conceded he had standing because of his own stop and questioning after the purpose of the was complete with the arrest of the driver on old warrants. [read post]
18 Dec 2010, 7:28 am
The Second District Court of Appeals held that “[i]nformation from an ordinary citizen who has personally observed what appears to be criminal conduct carries with it indicia of reliability and is presumed to be reliable. [read post]
13 Jan 2007, 3:20 pm
January 11, 2007).* False arrest and search claim is barred by Heck, absent successful appeal or post-conviction. [read post]
17 Jan 2011, 9:02 pm
We reject the trial court's and the Court of Appeals’ conclusion that Schultz consented by acquiescence because she failed to object when the police walked into her apartment. [read post]
30 Aug 2010, 6:10 pm
While we were sleeping, the U.S. 9th Circuit Court of Appeals -- which covers California and eight other states -- decided it was OK for agents from the federal Drug Enforcement Administration to sneak into a guy's driveway and put a GPS tracking device under the bottom of his car. [read post]
14 Nov 2011, 5:02 am
The Chisms timely appealed. [read post]
27 Dec 2011, 9:02 pm
Some states, like my own, wrongly find that the state can never raise standing in the trial court yet assert it on appeal without making a record. [read post]
30 Nov 2011, 7:22 am
This will most certainly be appealed before the trial ever occurs. [read post]
6 Sep 2006, 4:51 am
(The District Court suppressed, and the government appealed.) [read post]
14 Sep 2007, 5:44 pm
At any rate, this case needs to be appealed. [read post]
10 Apr 2011, 8:49 am
The court of appeals was not required to defer to the trial court’s implied finding that appellant was combative when such a finding was not supported by the record. [read post]
13 Aug 2011, 7:43 am
Where counsel is not present when the deprivation occurs and so cannot lodge an objection, the issue can be raised for the first time on appeal (Margan at 70). [read post]
27 Sep 2007, 4:08 am
.* Bail pending appeal is denied because the suppression question to be raised on appeal will likely fail. [read post]
