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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]
8 Jan 2009, 5:49 am
Thus, as reasoned by the Appeals Court, the defendant was unable "to establish that his subjective expectation of privacy was [objectively] reasonable," a component necessary to a protected expectation of privacy. [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]
26 Nov 2011, 9:02 pm
The motion was correctly denied, so defense counsel couldn’t be ineffective for not appealing what would be a meritless issue. [read post]
6 Sep 2006, 4:51 am
(The District Court suppressed, and the government appealed.) [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]
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 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]
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]
25 Mar 2008, 5:32 am
The Utah Court of Appeals reversed, finding that no exigent circumstances existed. [read post]
4 Mar 2010, 5:27 am
March 1, 2010): The United States Government appeals the order of the District Court suppressing evidence seized and a statement made during a search conducted pursuant to a warrant. [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]
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]
3 Dec 2009, 5:33 am
App. 1st DCA November 30, 2009): Finally, article I, section 23 of the Florida Constitution does not support the suppression order on appeal. [read post]
18 Nov 2015, 7:27 am
Together, those two articles provide a good, quick, backgrounder on the nascent crisis, really crises, undermining the credibility, if not yet the status, of traditional forensic science.Forensic dentists bite backAt a Forensic Science Commission committee meeting in Dallas on Monday, forensic dentists tried to counter evidence with emotional appeals and pictures of dead children. [read post]
10 Dec 2013, 7:41 am
For instance, the FCC refused to enforce the law against swearfest "Saving Private Ryan" while dropping the hammer on PBS's "The Blues," because omitting swear words in the former would somehow "alter the nature of the artistic work." [read post]
4 Jul 2007, 5:25 pm
Accordingly, we affirm the Court of Appeals judgment below and we further conclude that the Court of Appeals in In re Forfeiture of United States Currency reached the correct result. [read post]
23 Sep 2023, 1:01 am
EJI notes: Lawyers for the defense and the prosecution appealed to white jurors’ commitment to racial hierarchy. [read post]
19 Sep 2024, 4:39 am
” “If we get sued and we get challenged, we will be victorious,” Walters told PBS News Hour. [read post]
