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8 Mar 2012, 3:02 am
.* 2255 is not a method to relitigate the search and seizure already denied on direct appeal. [read post]
6 Dec 2007, 4:11 am
Defendant waived the argument he makes on appeal now in the trial court, so it is barred. [read post]
31 Jul 2010, 9:15 pm
The stop and subsequent search were valid, and any appeal would be frivolous (Anders brief). [read post]
24 Feb 2008, 12:17 pm
Moreover, the officer's alternative arguments on appeal were rejected because they were never presented to the district court. [read post]
25 Aug 2011, 8:55 am
.* The video of defendant’s driving, narrated as made by the officer, does not conclusively show anything one way or the other, so the court credited the officer, and that is sufficient for appeal. [read post]
2 Jan 2012, 3:55 am
.* The use of the PBT here for probable cause was not reached on appeal because it has an alternate basis not attacked by defendant. [read post]
13 Aug 2011, 5:33 am
Defendant was cited by the city for overgrown vegetation and trash in the yard, and he appealed. [read post]
2 May 2010, 6:49 am
Alternatively, this argument was not preserved for appeal. [read post]
21 Jan 2012, 6:56 am
Defendant Bolze has appealed his sentence in this case. [read post]
11 Jun 2010, 8:26 am
Pasquarille, 20 F.3d 682, 685 (6th Cir. 1994) (‘[A] denial of a motion to suppress will be affirmed on appeal if the district court’s conclusion can be justified for any reason. [read post]
9 Jul 2010, 9:31 pm
Accordingly, the tip at issue in this appeal was not from an identifiable citizen informant. [read post]
10 Mar 2012, 7:00 am
Defendant’s MySpace page came into evidence, and he only challenged it as a search on appeal, for which he cited no law. [read post]
7 Apr 2008, 9:04 am
State conceded in oral argument in the Court of Appeals that the initial search was illegal. [read post]
24 Apr 2011, 9:29 pm
” We agree with the Court of Appeals that the knowledge of the officers who entered the criminal history into the PISTOL system is imputed to Officers Hedman and Moore for purposes of assessing whether they had reasonable suspicion to frisk Smith. [read post]
8 Feb 2008, 8:54 am
Consent was found valid [apparently with the defense virtually conceding it on appeal]. [read post]
30 Apr 2010, 6:03 am
.* Defendant’s 2255 argument that was merely a restatement of his already appealed search issue was barred. [read post]
18 Jul 2011, 4:36 am
.* Defense counsel was not ineffective for not challenging his wife’s consent on appeal because she consent without coercion. [read post]
8 May 2010, 7:33 am
.* Defendant, arguing his appeal pro se, waived his search and seizure claim by not having raised in the district court. [read post]
17 Jun 2010, 4:12 am
.* Appellate counsel’s failure to argue defendant’s search and seizure claim on appeal was not ineffective assistance because it was frivolous to argue there was no probable cause. [read post]
12 Apr 2011, 6:12 am
An appeal, alleging that the use of the GPS device violated the Fourth Amendment, is pending. [read post]
