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12 Jul 2009, 8:26 am
Therefore, we must affirm the district court's order denying Britton's motion to suppress evidence, which he challenges on appeal. . . . [read post]
17 Apr 2010, 10:01 pm
The court of appeals erred in concluding defendant would have won on the motion, an apparent authority to consent issue. [read post]
19 Sep 2011, 9:29 am
Accordingly, we hold that a trial court's decision on the question of the voluntariness of a consent to search, and thus the ultimate constitutional validity of the search, must be reviewed independently by this Court on appeal. . . . [read post]
4 Mar 2012, 9:43 pm
Finally, the state’s failure to raise an expectation of privacy argument in the trial court is a waiver on appeal [not that it would have worked anyway]. [read post]
30 Jul 2010, 5:35 am
.* Defendant’s IAC claim is not proper in a direct appeal; he has to do it through a § 2255. [read post]
26 Jun 2007, 4:29 am
The United States Court of Appeals for the Tenth Circuit affirmed the United States District Court for the District of Wyoming’s dismissal of the charges and the United States Supreme Court granted certiorari. [read post]
12 Jul 2008, 1:48 pm
He objected at the time he was put on probation that he was ordered and did not consent, but there was no appeal of this condition. [read post]
21 Jul 2010, 8:42 am
Accordingly, we affirm the decision of the court of appeals. [read post]
5 Nov 2010, 2:56 am
October 25, 2010): Other appeals courts similarly have concluded that the application of the collective knowledge doctrine is unaffected by an officer’s use of a cover story to disguise a stop as a mere traffic stop. [read post]
5 Nov 2010, 2:13 am
.* Defendant’s search claim was raised and litigated to conclusion pretrial and on appeal, so he can’t relitigate it via § 2255. [read post]
22 Feb 2010, 3:57 am
The court's introductory paragraph: This is an appeal by a student convicted of having marijuana in his pockets while he was at school. [read post]
22 Dec 2011, 3:12 am
The United States Court of Appeals for the Fifth Circuit made this distinction in United States v. [read post]
14 Aug 2012, 4:31 am
August 13, 2012): On appeal Bennett argues generally that the gun was obtained through an illegal search and that the evidence is thus permanently tainted and the inevitable-discovery doctrine does not apply. [read post]
29 Nov 2010, 4:16 am
.* Trial court’s lack of findings of fact and conclusions of law makes it impossible for the court of criminal appeals to decide the suppression issues. [read post]
30 Jul 2008, 9:22 pm
Plea agreement reserved right to appeal only one search issue, not both. [read post]
8 Dec 2014, 11:30 am
What about his lawyer – did she throw the case to collect more money on an appeal? [read post]
30 Dec 2011, 5:17 am
Aligning with all of the other courts of appeals that have considered this issue, however, we reject defendants’ constitutional challenge. [read post]
8 Sep 2007, 12:36 pm
While appeals in Doe I and Doe II were pending, Congress passed the USA Patriot Improvement and Reauthorization Act of 2005, Pub. [read post]
22 Feb 2008, 7:11 am
LEXIS 157 (November 26, 2007), certiorari granted, No. 30,801, January 22, 2008: [*19] When we consider Defendant's argument, we find persuasive the reasoning of the Maryland Court of Special Appeals and Court of Appeals that when an officer's "stand by service" to assist a bail bondsman in apprehending a fugitive becomes "more than mere presence," the officer's participation converts the bail bondsman into a state actor such that the… [read post]
27 Oct 2011, 5:02 am
The State points out, though, that, “just prior to the suppression hearing in this case, the Court of Special Appeals [in Hamel, 179 Md. [read post]