Search for: "Ex Parte Kerr"
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30 Mar 2017, 12:08 pm
This is the second part of a three-part series on Judge Neil Gorsuch’s handling of cyber issues. [read post]
8 Mar 2017, 11:28 am
Law provides no protection for an attorney whose sociopathic ex-husband plans to murder her. [read post]
8 Mar 2017, 11:28 am
Law provides no protection for an attorney whose sociopathic ex-husband plans to murder her. [read post]
22 Feb 2017, 9:24 pm
I think the judge was right to reject the provision, although I disagree with substantial parts of the reasoning. [read post]
28 Dec 2016, 7:45 am
Ex Ante Restrictions on Warrants, the Fifth Amendment, and the All Writs Act 26. [read post]
7 Dec 2016, 2:11 am
He is arguing that it would be unconstitutional to withdraw from the EU without the consent of the people of Northern Ireland for the following two reasons: Membership of EU part of the constitutional settlement There has been transfer of sovereignty which means that the people of Northern Ireland have sovereignty over constitutional change rather than Parliament. 15:00: Scoffield QC submits that a constitutional convention may be a constitutional rule – this is not a… [read post]
2 Dec 2016, 9:18 am
I’ll explain why in two parts that track the reasoning of the opinion. [read post]
29 Aug 2016, 10:05 am
Judge Randolph dissented in part, primarily on the ground that the trial court’s ruling about the time the search was executed could not be relitigated under collateral estoppel principles. [read post]
9 Aug 2016, 7:42 am
Gorsuch also cites Cooley’s writing and Ex Parte Jackson for support, but it’s not clear to me that they help. [read post]
25 Jul 2016, 7:30 am
In other words, it is not sufficient to base an (a)(4) claim on misuse.But Nosal I did not address the other part of (a)(4). [read post]
1 May 2016, 4:02 pm
On 27 April 2016, HHJ Moloney QC heard an application in the case of ZAM v TFW & ors and gave an ex tempore judgment. [read post]
13 Apr 2016, 9:54 am
For example, in Ex parte Jackson, 96 U.S. 727, 733 (1878), the Court held that postal inspectors needed a search warrant to open letters and packages, but that the “outward form and weight” of those mailings— including, of course, the recipient’s name and physical address—was not constitutionally protected. [read post]
4 Apr 2016, 10:43 am
Here’s the main part of the reasoning: [T]he State argues that because Andrews’s cell phone was “constantly emitting ‘pings’ giving its location to the nearest cell tower, . . . there can be no reasonable expectation of privacy in [that] information” under Knotts. [read post]
22 Mar 2016, 5:05 am
Ex parte, mind you. [read post]
2 Mar 2016, 12:09 pm
The trial judge had used the All Writs Act to issue a writ known as “venditioni exponas,” which was a writ to sell seized goods held as part of a legal judgment for the best available price after the property didn’t sell earlier. [read post]
18 Feb 2016, 11:01 am
All that has happened so far is that the government obtained a search warrant and then sought and obtained a separate ex parte order — that is, an order after the court heard only from one side — requiring Apple’s assistance. [read post]
1 Jan 2016, 3:54 am
It’s one of the fundamental flaws with Orin’s contention that the ex parte application for a warrant shouldn’t be subject to serious ex ante review by the issuing magistrate. [read post]
30 Dec 2015, 1:21 pm
See Molina ex rel. [read post]
10 Aug 2015, 12:36 pm
Both the general judgment ex ante and the specific judgment ex post have to match for a prosecution to be brought. [read post]
21 Jul 2015, 10:41 pm
Kerr, Searches and Seizures in a Digital World, 119 Harv L Rev 531, 551 [2005]). [read post]
