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24 Jan 2010, 10:15 pm
Given the abbreviated nature of the hearing on the motion to suppress and the incorrect assumption of the trial court that it could resolve this matter without a full hearing, we reverse the order on appeal without prejudice to further proceedings addressing the possible suppression of this evidence. [read post]
31 Mar 2014, 8:51 am
Instead, the court looked to the e-mail’s subject matter to determine whether the privilege applied. [read post]
12 Nov 2009, 7:51 am
Defendant contends that prosecuting crimes is within the sole province of the executive branch, that it outside the scope of the judiciary to institute new criminal proceedings, and the instant matter blurs the roles of each branch because "if the probationer feared that information candidly shared with Probation was going to form the basis of a separate criminal prosecution, the probationer would have no incentive to honestly participate in his own recovery. ... [read post]
TX4: State didn't call officer and relied on his report and failed in its burden of proving exigency
18 Feb 2012, 9:12 pm
., denies all suppression motions, no matter what the merit), so it just didn't care about the record.] [read post]
27 Sep 2011, 8:02 am
(The Clerk went to Lubbock, a curious choice.)The day after the conference, the Court issues a short list of orders with the cases it has decided to take up, along with some administrative matters in pending cases. [read post]
17 Mar 2011, 12:01 pm
Unfortunately the elections occurred, co-sponsors disappeared, and interest in the matter appeared to be lost. [read post]
30 Mar 2011, 6:54 am
Rivas, 13 P.3d 315 (2000) (“When controlling facts are undisputed, even though they are not specifically included in the findings of the trial court, the effect of those facts will also be treated as a matter of law. [read post]
16 Apr 2009, 4:51 am
.* During a traffic stop, the officer asked the defendant if he would talk to a detective about another matter. [read post]
5 Apr 2010, 4:21 am
Soriano-Jarquin, 492 F.3d 495, 500 (4th Cir. 2007) (“If an officer may 'as a matter of course' and in the interest of personal safety order a passenger physically to exit the vehicle, he may surely take the minimally intrusive step of requesting passenger identification. [read post]
28 Jan 2008, 3:22 am
When viewed in light of the Task Force's receipt of four rapid-fire tips identifying defendant by name and make of car after the release of the sketch of the serial killer, it is apparent defendant's apprehension was no longer an object of pure Speculation, but rather a matter of imminent reality. [read post]
7 Aug 2008, 12:47 pm
It is for these reasons that we disagree with the conclusion of the district court and find that the cumulative record is insufficient as a matter of law to "warrant a man of reasonable caution in the belief" that Valentine committed a crime. [read post]
15 Apr 2020, 9:39 am
The Firm routinely advises and assists on a wide range of complex, local and international legal issues, in matters as diverse as employment, architecture and design, construction, mergers and acquisitions, corporate restructuring & succession planning, franchising, corporate finance, private banking, intellectual property and international trade. [read post]
11 Feb 2010, 10:59 am
Specifically, the paper argues that poor, urban, racial minorities are ill-represented on matters of state criminal justice policy and lawmaking, though they receive better represetation of their views at the local level. [read post]
17 Dec 2009, 6:49 am
Thus, the trial court erred as a matter of law by evaluating the entire DPS phlebotomy program instead of the reasonableness of Noceo's particular blood draw. [read post]
11 Feb 2008, 9:01 pm
After Plaintiff fully litigated the validity of the search and seizure in the criminal proceedings, the county court entered a final judgment in the matter. [read post]
15 Mar 2013, 7:21 am
Hardly the end of the matter, since CIA can still invoke the various exemptions to FOIA on remand. [read post]
11 Mar 2008, 5:17 am
LEXIS 245 (March 7, 2008): As a practical matter, the inherent mobility of an automobile creates a level of fluidity or unpredictability that militates against assessing through too fine a lens the opportunity of police to obtain a warrant for the vehicle prior to a search. [read post]
5 Nov 2009, 9:21 pm
Those actions created the exigency in this matter--namely, the risk that evidence would be destroyed. [read post]
MA: No IAC for seeking to use evidence from bad search in murder trial -- Practice pointer in action
7 Nov 2010, 8:38 pm
After all, no matter how well prepared you are, a trial always includes a series of unanticipated events that requires quick thinking and judgment calls based on one's experience. [read post]
30 Sep 2009, 3:23 am
Search of defendant's pretrial jail cell seizure of Romanian language documents to use in another matter did not violate defendant's Fourth or Sixth Amendment rights. [read post]
