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3 Mar 2008, 5:06 am
LEXIS 207 (February 29, 2008): He argues on appeal that "his refusal of consent [was] obvious from the facts that he knew the police desired to enter the apartment ..., but [he] never signified assent to that action. [read post]
24 Apr 2008, 6:13 am
On an appeal from a USMJ's conviction of the defendant for misdemeanor marijuana possession of a civilian on a military base, the District Court finds that the defendant's stop lacked reasonable suspicion. [read post]
11 Dec 2008, 12:26 pm
The Third Circuit Court of Appeals rejected this argument, finding that "[w]hat is significant is not the type of room in which surveillance occurred but [defendant's] action in admitting [the confidential informant] to the room. [read post]
10 Sep 2012, 3:25 am
On the clearly erroneous standard, if there’s anything for the trial court to attach to, the defendant loses on appeal. [read post]
20 Feb 2008, 4:34 am
The 11th Circuit Court of Appeals upheld the trial court’s decision finding that the good faith exception to the exclusionary rule does not shelter evidence that was obtained in an unconstitutional arrest or search that was based on objectively unreliable information when the costs of doing so do not outweigh the benefits of obtaining that evidence. [read post]
6 Dec 2008, 3:03 pm
December 1, 2008)* (Comment: There was a significant claim of waiver that the defendant changed the argument from the District Court and the Court of Appeals. [read post]
27 Nov 2010, 1:29 pm
The Court of Appeals is duty bound to follow Kansas Supreme Court precedent, absent some indication the court is departing from its previous position. ... [read post]
3 May 2007, 6:00 am
State's failure to raise standing in trial court waives it for appeal. [read post]
16 Sep 2010, 2:23 am
September 10, 2010): As has been clearly articulated by the Court of Appeals for the Second Circuit, the role of a reviewing court is "simply to ensure that the magistrate had a substantial basis for . . . conclud[ing]" that probable cause existed and not as the defendant would have this Court believe, to scrutinize the form of the questions posed by the issuing judge. [read post]
MS: Handcuffed suspect could have still reached car such that a search incident of the car was valid
2 Dec 2010, 3:07 pm
The United States Court of Appeals for the Fifth Circuit also has noted this danger, stating: Handcuffs are a temporary restraining device; they limit but do not eliminate a person's ability to perform various acts. [read post]
30 Jan 2011, 7:28 am
.* The evidence of defendant’s traffic violation from the officer was clear and concise, credited by the trial court, and was binding on appeal. [read post]
1 Aug 2008, 11:18 am
District court's determination that defendant consented to a search was binding on the appeals court since there was some evidence to support. [read post]
11 Aug 2010, 4:15 am
[The state appealed the suppression grant, and the defense did not file a brief and still won on the credibility finding.] [read post]
29 Nov 2010, 4:32 am
LEXIS 1529 (November 24, 2009)*: On appeal, defendant asserts that, considering the circumstances (including the hour of the day, the flashing overhead lights, the officer's call for backup, the high-crime location, and the direct questioning of defendant about criminal activity), defendant was stopped when Murphy asked him for consent to search. [read post]
1 Mar 2010, 5:24 am
Defendant in a 2255 proceeding argued that defense counsel did not properly argue his suppression motion, and the court finds no procedural bar from the argument first raised and decided on appeal from the conviction. [read post]
19 Aug 2010, 5:12 am
The appeal challenged the warrantless search of a vehicle that served as the alleged getaway car. [read post]
17 Oct 2007, 9:17 am
Moreover, his guilty plea precluded his attempted appeal of the search issue. [read post]
23 Jul 2008, 1:10 pm
For these reasons, the judgment of the Court of Criminal Appeals is reversed, and the cause is remanded to that court for the entry of an appropriate order. [read post]
31 Jul 2010, 9:06 pm
.* One defendant consented to the officers entering the house to look for an alleged runaway, and the court of appeals did not properly consider the audio of the occurrence from one officer’s body recorder where he asked “may I. [read post]
27 Oct 2009, 11:20 pm
Defense counsel’s failure to argue a denied suppression motion on appeal where the issue was clearly unmeritorious was not IAC. [read post]
