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21 May 2010, 5:35 am
Anyway, standing was decided in the direct appeal, so it could not be raised in this § 2255. [read post]
4 Apr 2010, 10:19 pm
.* The trial court hearing and findings denying the motion to suppress an allegedly coerced consent search were not included in the record on appeal, so appellate review failed. [read post]
18 Jul 2010, 7:52 pm
.* Defendant’s challenge to the search came for the first time on appeal so it is waived. [read post]
27 Mar 2012, 1:16 pm
Circuit Court of Appeals, which ruled that the First Amendment protects the right to record police carrying out their duties in a public place. [read post]
29 Dec 2011, 5:01 am
The appeal was Kirby v. [read post]
14 Aug 2012, 4:01 am
.* Defendant’s IAC claim against defense counsel on the probable cause question is insufficient as a matter of law because it was preserved for appeal. [read post]
16 Sep 2007, 8:40 am
September 13, 2007): "Defendant proffers no new evidence, new law or other extraordinary reasons why this Court should not follow the law of the case, except with regard to those matters that have been 'reopened' by the decision of the Court of Appeals and this Court's sua sponte scheduling order. [read post]
6 Feb 2012, 4:42 am
[Note: Probably no harm here because the trial court's findings of consent would likely be sustained on appeal, anyway.] [read post]
26 Feb 2010, 8:42 am
.* Overly broad certified question for suppression appeal precluded appellate review in Tennessee. [read post]
N.D.Iowa: When government says suppression motion is moot, it is still precluded from using evidence
15 Dec 2011, 9:03 pm
The district court found two alternative grounds to sustain the search and seizure, but defendant appealed only one, and that was a waiver of the other, so that is affirmed. [read post]
21 Jun 2011, 4:42 am
Defendant’s search incident claim was not properly preserved for appeal. [read post]
23 Feb 2012, 5:13 am
Plaintiff never really addressed that on appeal, and the judgment is affirmed. [read post]
2 Apr 2012, 3:51 am
.* In an appeal dismissed for lack of a dispositive question, the court added: “Defendant has failed to cite controlling authority, and we have found none, to support his assertion that ‘proof of actual attempts by law enforcement officers to obtain a lawful warrant must be placed on the record before the court may find that exigent circumstances exist. [read post]
CA3: Franks challenge on failure to include full criminal history of consenter didn't affect consent
3 Oct 2011, 5:42 am
.* An FOIA production did not provide enough information of alleged falsity to overcome a 1962 order denying a suppression motion that was affirmed on appeal. [read post]
26 May 2010, 7:16 am
.* In a RICO case, the district court’s finding on voluntariness of consent is supported by the evidence, so it is affirmed on appeal. [read post]
11 Jun 2011, 9:55 am
.* Defendant’s IAC claim for not presenting a search issue was not well enough developed to be considered on appeal because of an incomplete record. [read post]
26 Apr 2012, 2:22 am
Defendant couldn’t appeal the search issue in his guilty plea without a conditional plea. [read post]
12 Sep 2012, 3:41 am
September 10, 2012) (prior appeal Mueller v. [read post]
19 Jul 2008, 7:47 pm
Except maybe in Texas where anything is possible, operating under the bizarro world of the Texas Court of Criminal Appeals, a court so reactionary and procedural that SCOTUS reverses it as much or more as the purportedly liberal Ninth Circuit. [read post]
4 Mar 2011, 4:12 am
.* Defendant’s § 2255 argument that his defense counsel failed to renew his Fourth Amendment challenges is moot because the Fourth Amendment challenges were appealed. [read post]
