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5 Jun 2009, 9:00 am
Defendant did not cite the Fourth Amendment in his claim that he was held unreasonably long before he gave a statement, so he could not rely on the Fourth Amendment on appeal. [read post]
6 Sep 2009, 8:47 am
Government's appeal from a USMJ's R&R that recommended granting a motion to suppress included its disavowal of the accuracy of officer affidavits that it affirmed before the USMJ. [read post]
5 Feb 2007, 12:00 pm
In a consumer protection case brought by the State of Vermont, the defendant did not raise the issue of whether civil discovery amounted to an unreasonable search in the trial court, so the issue could not be raised on appeal. [read post]
10 Sep 2007, 4:49 am
Ct. 2364 (1994), if Plaintiff would have brought his current Fourth and Fourteenth Amendment challenges while his conviction and sentence remained in effect, such a claim would have implied the invalidity of conviction or sentence requiring Plaintiff to "prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's… [read post]
29 Jun 2008, 3:34 pm
And, because there is an alternative ground that is correct, SCOTUS would never take it, and it was up to the Texas Court of Criminal Appeals to correct it. [read post]
9 Dec 2011, 2:41 pm
(collectively “the Bravos”), appeal the adverse summary judgment grant in their 42 U.S.C. [read post]
27 Sep 2007, 5:49 am
Accordingly, we will reverse the judgment of the Court of Appeals and dismiss the indictment against Moore. [read post]
5 Mar 2008, 6:14 am
On appeal, the First Circuit reversed, finding that the policy fell under the "special needs" exception to the presumption against warrantless entry. [read post]
21 Jun 2009, 10:43 pm
Defendant’s stipulation to admit evidence at trial that had been objected to and heard pretrial preserved the issue for appeal, but it would have been better to have objected again. [read post]
13 Mar 2009, 3:46 am
.* District court's crediting the testimony it did was supported by the evidence, and it could not be argued on appeal that the district court credited the wrong testimony. [read post]
22 Nov 2007, 2:48 pm
This should be reversed on appeal. [read post]
27 May 2010, 3:47 am
. ___ [2010 WL 56086], “There is presently a split between the Circuit Courts of Appeals as to whether the good faith exception applies to searches in violation of Gant that were conducted pre-Gant. [read post]
10 Jun 2007, 7:16 am
He claimed on appeal that manufacturer's tinting was exempt from state law, and that made the stop illegal, but it did not. [read post]
19 Oct 2007, 12:47 pm
For the foregoing reasons, we find the court of appeal erred in reversing the trial court. [read post]
1 Sep 2007, 9:03 am
As the 10th Circuit Court of Appeals stated when it rejected a claim based on ineffective assistance of counsel for failure to notice the expiration of the wiretapping statute, "the Wyoming Attorney General's Office, several state district court judges, the Wyoming Supreme Court, the United States District Court for the District of Wyoming, dozens of defense attorneys, the Wyoming Legislature, the United States Attorney's Office, and the Natrona County District… [read post]
28 May 2009, 7:55 am
May 26, 2009): The courts of appeals have offered several justifications for the rule that individuals who for whatever reason find themselves at the scene of an ongoing search are subject to at least a temporary detention by law enforcement officers. [read post]
27 Jul 2007, 12:57 pm
In contrast, the Connecticut Court of Appeals held that a defendant who claimed he was in possession of a car with permission had standing, but he lost on the merits by inevitable inventory. [read post]
19 Aug 2011, 8:27 am
We have no difficulty in agreeing with the district court and the Court of Appeals that the expired rental agreement, in combination with Coleman's parolee status and the reports that it was likely that Coleman was engaged in drug transportation, provided Tatro with a reasonable suspicion of criminal activity, justifying a temporary detention and allowing further investigation. [read post]
31 Jul 2007, 5:14 am
.* Comment: Defendant's argument was "buyer's remorse" where he realized when it was too late that he should not have consented, and it really was not worth pursuing on appeal, in my opinion. [read post]
17 Apr 2010, 7:38 am
The Sixth Circuit and Tenth Circuit federal courts of appeal have expanded the good faith exception to apply to a law enforcement officer’s reliance on case law. [read post]
