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19 Oct 2011, 2:12 pm by Venkat
There's a possible preemption argument lurking in the background, but there's not much precedent and tough to say whether defendants will raise the argument and whether it will get any traction. [read post]
23 Mar 2007, 4:17 am
But the Fourth Amendment does not apply to activities of the United States against aliens in international waters. [read post]
5 Jun 2007, 12:49 pm
The Court stated:If the trial judge does not mention postrelease supervision at the allocution, as happened here, a defendant can hardly be expected to move to withdraw his plea on a ground of which he has no knowledge. [read post]
6 Mar 2012, 8:45 am by Benjamin Wittes
But fairness as a judicial matter is not quite like beauty; it does not reside entirely in the eye of the beholder. [read post]
17 Jan 2012, 8:39 am
Further, whether the police had a right to be where they were must be considered in context of the "open fields" doctrine, which recognizes implicitly that a trespass alone does not necessarily invade a property owner's reasonable expectation of privacy. [read post]
31 Jul 2019, 5:53 pm by Uthman Law Office
A jury convicted defendant and appellant Sheila Cooper of driving under the influence of alcohol causing injury within 10 years of a prior driving under the influence offense. [read post]
28 Jan 2024, 12:02 pm by Uthman Law Office
Christian Steve CAMPOS, Defendant and Appellant.F084307; Filed January 22, 2024 2024 WL 226419 (Cal.App. 5 Dist.), 1 Summary: Campos contends electronic information evidence introduced in his murder trial should have been suppressed because he was not properly notified of its acquisition by the government pursuant to the California Electronic Communications Privacy Act (Pen. [read post]
26 Oct 2018, 3:14 am by The Law Offices of John Day, P.C.
A premises owner’s duty generally does not include the duty to protect “from criminal acts occurring off [the] defendant premises owner’s property. [read post]
28 Feb 2013, 12:48 pm by Matthew L.M. Fletcher
Does the new statute require tribes to guarantee counsel to indigent defendants in special tribal domestic violence prosecutions of non-Indians? [read post]
27 Mar 2009, 12:56 pm
What does one do with a defendant who's (1) mentally competent to stand trial (under our incredibly lax standards in that regard); (2) wants to represent himself; and (3) is capable of only utter gibberish in his attempt to do (2)? [read post]
30 Dec 2015, 4:30 am by Woodrow Pollack
  Thus the Middle District has personal jurisdiction over Defendant under Florida’s long-arm statute.Motion to dismiss or transfer, denied.Tile World Corp. v. [read post]