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11 Dec 2009, 5:07 am
The fact that defendant was handcuffed in a police car did not prevent entry into the car for the gun in plain view. [read post]
1 Apr 2010, 3:48 am
LEXIS 42 (March 30, 2010)*: P14 In $404,905.00, the Eighth Circuit held that the Fourth Amendment was not violated when an officer conducted a dog sniff of the defendant's vehicle after the traffic stop was completed but before the defendant's license had been returned to him. 182 F.3d at 648-49. [read post]
16 Aug 2011, 12:09 pm by Angela Haynes
During the search incident to his arrest, the defendant alerted his arresting officer that he possessed a firearm. [read post]
27 Aug 2012, 2:18 pm by Bradley R. Hall, E.D. Mich.
McDowell, 814 F.2d 245, 249-50 (6th Cir. 1987), it had "invoke[d] [its] supervisory powers" to require that whenever an accused indicates a wish to represent himself in criminal proceedings, the district court must engage in the model inquiry from the Bench Book "or one covering the same substantive points," and must make "an express finding that the accused has made a knowing and voluntary waiver of counsel . . . . [read post]
30 Sep 2008, 11:28 am
Roundtree, 596 F.2d 672, 674 (5th Cir. 1979) (reasonable suspicion established where defendant had bulge on inside of his calf which he was seen "adjusting"). [read post]
10 Dec 2007, 1:05 pm
The article reports that, according to Libby's attorney, "a successful appeal would likely only lead to the case being retried, adding to the already enormous time and cost Libby has spent defending himself. [read post]
22 Jan 2008, 4:36 am
The 9th ends up affirming the conviction because the defendant had the burden (relying somewhat on Kent, 945 F.2d 1441 (9th Cir. 1991) and she failed that burden. [read post]
1 May 2009, 6:43 am
Martinucci, 561 F.3d 533 (2d Cir. 2009)Martinucci pled guilty to one count of producing child pornography, in violation of 18 U.S.C. [read post]