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26 Oct 2008, 5:34 am
The reference in Flores-Montano to "highly intrusive searches of the person" followed a discussion of Montoya de Hernandez, which involved an actual physical intrusion into a person's body to search the alimentary canal. [read post]
20 Oct 2008, 6:46 pm
Mukasey, No. 07-3752, 07-4168 Petition for review of a decision removing petitioner to Cambodia is denied where: 1) petitioner's robbery conviction constituted a crime of violence that supported findings that he was removable; 2) a statutory ground for removal must have a "substantially identical" counterpart in the statutory grounds for exclusion in order to qualify for INA section 212(c), and the factual basis of the underlying criminal activity is irrelevant; 3) thus,… [read post]
9 Oct 2008, 10:40 am
August 7, 2008): Under the principles of Chimel, as applied in Blue and Hernandez, the search in this case can be sustained only if the evidence permits a finding that there was some risk the defendant could reach into the area where the gun was located after he was taken away in handcuffs by Officer Barry. [read post]
29 Sep 2008, 4:56 pm
Riding in the car with her was friend and classmate, Kevetta C. [read post]
16 Sep 2008, 11:40 am
Hernandez Leon, 379 F.3d 1024, 1027 (8th Cir. 2004) (stating that "[t]he sufficiency of a warrant affidavit which contains information from an unlawful search is evaluated after deleting that information"); United States v. [read post]
15 Sep 2008, 8:45 pm
Subsection (a)(7)(C) addresses motion to exceed page limits. [read post]
9 Sep 2008, 2:25 pm
Hernandez, No. 071828 In criminal defendant's objection to two-point sentencing enhancement, sentence including period of criminal supervision for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence," USSG section 4A1.1(d); and 2) the district court appropriately elevated his criminal history score by two points on that account. [read post]
2 Sep 2008, 5:17 pm
Whitley, No. 06-0131 In a criminal law matter, petition for review of decision denying rehearing is denied where the court declined to depart from the literal wording of the "except" clause of 18 U.S.C. section 924(c)(1)(A). . [read post]
1 Sep 2008, 2:22 pm
Nothing in the record, however, provides concrete reasons why the remainder of the wholly innocent events that occurred before the seizure (for example, entering into a multi-unit apartment building after Hernandez, spotting Lopez-Vazquez outside of the building--and alone--an hour later by himself) combine into a "suspicious conglomeration" which supports a Terry stop. [read post]
28 Aug 2008, 2:15 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
19 Aug 2008, 6:39 am
  The same can't be said for animals, especially pets.All over the news yesterday, and highlighted by Turley and Mike at C&F was the video of some Texas protectors of the public welfare who showed abject callousness toward a teacup poodle named Missy. [read post]
9 Aug 2008, 1:50 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
26 Jul 2008, 4:58 pm
Cummings, PT** Level I Freedriver03@comcast.net Carmel, CA Grace Hernandez, PT Level I grace9159@sbcglobal.net Santa Ana, CA JoAnn L. [read post]