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7 Aug 2012, 4:48 am
Court of Appeals for the Ninth Circuit issued a disappointing but fortunately narrow decision in a case involving warrantless tracking of a vehicle with a GPS device. [read post]
6 Apr 2012, 2:03 pm
Prior to the settlement, the First Circuit Court of Appeals unanimously ruled that Glik had a “constitutionally protected right to videotape police carrying out their duties in public. [read post]
19 Mar 2012, 3:25 am
.* Pro se defendant didn’t file a motion to suppress, so he couldn’t challenge the search on appeal. [read post]
16 Jan 2007, 6:51 am
Habeas petitioner did not file a suppression motion before trial, but he raised the issues on appeal, and the state appeals court reached the merits, denying relief. [read post]
12 Oct 2007, 4:18 am
Even in the prison context, where First Amendment rights are at their weakest, the court of appeals has made it clear that motive matters. [read post]
14 Jan 2007, 7:57 am
The Robinsons do not challenge the doctrine of implied consent but, instead, challenge the standards for its application articulated by the Court of Appeals. [read post]
7 Jan 2023, 11:37 am by Andrew Delaney
That goes over like an airship composed of an element in the periodic table referred to as “Pb. [read post]
17 Oct 2011, 5:09 am
Defendant agreed at the trial court that there was no suppression issue, and the trial court found the search legal. [read post]
5 Aug 2011, 8:13 am by Steve Hall
" PBS Frontline has posted, "The Confessions: One of the "Norfolk Four" Cleared of Rape/Murder Charges. [read post]
19 Sep 2024, 4:39 am by SHG
” “If we get sued and we get challenged, we will be victorious,” Walters told PBS News Hour. [read post]
23 Sep 2023, 1:01 am by rhapsodyinbooks
EJI notes: Lawyers for the defense and the prosecution appealed to white jurors’ commitment to racial hierarchy. [read post]
16 Mar 2011, 3:05 pm by Kim Zetter
“This is someone who has not gone to trial or been convicted of anything,” Brian Manning told PBS’ Frontline. [read post]
3 Apr 2007, 4:10 am
Lack of reasonable suspicion for a probation search was not argued to the trial court, and it is deemed waived for appeal. [read post]
18 Mar 2007, 8:30 am
(Comment: In my state, they just default the issue and make the appellant pursue post-conviction relief against appellate counsel, which takes about two years from filing to decision on appeal. [read post]
7 Mar 2012, 6:01 am
At least in my state we can raise it in trial court and not bother to argue it on appeal, but, by rule and statute, the issue is deemed decided on the merits for post-conviction purposes without cluttering the appeal with seems to be a frivolous issue. [read post]