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11 Jan 2010, 10:51 am
The Ninth Circuit holds today that it's okay for the DEA, and presumably any other law enforcement official, to come into your driveway, without probable cause, climb under your vehicle, and place a tracking device thereupon.The theory is that you've got no "reasonable expectation of privacy" in: (1) your driveway, since a neighbor could go there on the way to your house, (2) the undercarriage of your car, since a child might potentially look for a lost ball there, or (3) where… [read post]
29 Feb 2016, 9:24 am
That's a crush.In 2014, a Ninth Circuit panel issues an opinion that grants habeas relief. [read post]
10 Jan 2008, 12:14 pm
The "bag whore" case continues.I posted about this opinion -- which is memorable (to me, anyway) only because of the use of that term -- back in 2006. [read post]
26 Jan 2009, 10:07 am
Yes, the maximum penalty for possessing a tiny amount of pot is a fine of $100. [read post]
20 Jan 2021, 12:39 pm
A 17-year old gets convicted of forcible rape and is sentenced to 66 years to life in prison. [read post]
13 Jan 2021, 7:37 pm by Tom Smith
Biden has announced plans to roll out new domestic terrorism laws in the wake of the Capitol Hill riot. [read post]
19 Jan 2024, 1:16 pm
This is a pretty good opinion to figure out where you generally stand on the resentencing provisions of Section 1172.6, which "amend[ed] the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life. [read post]
14 Jan 2014, 4:24 pm
One of the common misconceptions about appellate jurisprudence amongst laypeople is the belief that if you're a criminal defendant who prevails on appeal, you get to go free. [read post]
22 Jan 2015, 2:24 pm
It's not just teenagers whose parents neglect and/or abandon them who turn to serious crime:Wilson was born on September 7, 1977. [read post]
13 Jan 2016, 1:52 pm
These defendants are sentenced to do a ton of time in prison for some home invasion robberies. [read post]
25 Jan 2016, 3:01 pm
YouTube can totally screw you and delete all your videos, in violation of its own Terms of Service, and there's nothing whatsoever you can do about it.So holds the California Court of Appeal.I'm not even sure I understand Justice Mihara's opinion on its own terms. [read post]
10 Apr 2007, 1:31 am
The latest issue of Army Lawyer has the Army's CONTRACT AND FISCAL LAW DEVELOPMENTS OF 2006â€â [read post]
24 Jan 2014, 1:03 pm
Whereas the vast majority of courts (including the federal system) have adopted the "transactional" test for claim preclusion ("res judicata"), California has thus far stuck with the "primary rights" doctrine -- a relic of our common law past that's (at best) confusing, unhelpful and often substantially unjust.Nonetheless, that's the approach the California Supreme Court has elected to take. [read post]
5 Jan 2017, 11:39 am by Tom Smith
On this day in 1976, Khmer Rouge leader Pol Pot announces a new constitution changing the name of Cambodia to Kampuchea and legalizing its Communist government. [read post]
19 Jan 2021, 12:18 pm
This is a lot of effort into investigating and prosecuting someone for owning a Lithgow .22 caliber bolt action rifle, no? [read post]
22 Dec 2009, 1:48 pm by Gene Quinn
On August 11, 2009, the United States District Court Judge in the Eastern District of Texas issued a final order in the matter of i4i v. [read post]
14 Jan 2020, 11:37 am
I wonder if this would play out any differently today.Bystander is at work talking with a female friend outside the shop at which he works. [read post]