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7 Jan 2009, 11:41 am
The conventional wisdom is that the Arkansas Supreme Court will grant review and probably affirm the trial court in about eight weeks, notwithstanding the thoughtfulness and reputation of the people on the Court of Appeals panel.) [read post]
10 Nov 2010, 9:01 pm
Accordingly, this issue is not one of fundamental error under the Perry standard that we can consider for the first time on appeal, and for that reason we do not reach the merits. [read post]
27 Jun 2009, 5:26 am
LEXIS 20 (June 4, 2009): While there are no Nevada cases on point, the Ninth Circuit Court of Appeals, in United States v. [read post]
28 May 2011, 5:01 am
May 27, 2011): This successive appeal picks up where we left off in United States v. [read post]
16 Sep 2008, 11:40 am
Ed. 2d 350 (1989) (citing cases and stating that "[l]oads of court[s] of appeals cases" have held that a redaction analysis is the proper test for affidavits containing tainted information). [read post]
11 Feb 2007, 6:58 pm
.* Where defendant did not request findings of fact and conclusions of law and the trial court did not make any in denying a motion to suppress, the issue could still be determined on appeal from the record of the hearing. [read post]
1 Mar 2012, 7:51 am
February 29, 2012): This appeal requires us to consider the circumstances in which the search of a cell phone is permitted by the Fourth Amendment even if the search is not authorized by a warrant. [read post]
31 Oct 2007, 4:30 am
Comment:I predict that the government will appeal this ruling. [read post]
23 Jan 2007, 4:43 am
Although the Seventh Circuit Court of Appeals has not spoken to the issue, the weight of authority holds, and the Court agrees, that a search of a student on school grounds by a school resource officer at the request of school officials should be deemed a search by a school employee for Fourth Amendment purposes and thus is subject to the reasonableness standard, not the probable cause standard. [read post]
20 Jul 2007, 6:42 am
We therefore affirm the order in appeal No. 2. [read post]
30 Jul 2008, 11:42 pm
Defendant already advanced a variety of other fourth amendment based arguments in the trial court, lost those arguments, and no longer advances them on appeal. [read post]
12 Apr 2008, 4:20 am
The Nassau County Strip Search Cases, previously on appeal at In re Nassau County Strip Search Cases, 461 F.3d 219 (2d Cir. 2006), had previously been certified as a class action for liability. [read post]
3 Feb 2007, 6:46 am
The courts of appeals have divided over the question. [read post]
8 Jan 2011, 1:07 pm
Other United States circuit courts of appeals have expressly recognized that, pursuant to the emergency doctrine, the prevention of destruction to property can justify warrantless entry of a residence. [read post]
6 Aug 2007, 5:47 am
. [*28] As the Court of Appeals stated in Prince, "Officers may not use a lawful stop to fish for evidence of other crimes where there is insufficient reason to detain a defendant, beyond the purpose of the initial detention. [read post]
15 May 2008, 4:45 am
The government does not claim on appeal that the drug interdiction questions posed to Peralez or the van's driver occurred during a consensual encounter. [read post]
19 Aug 2011, 8:22 am
Hill subsequently entered a conditional guilty plea while reserving his right to appeal the denial of his motion to suppress. [read post]
18 Nov 2007, 8:47 am
Rommy makes no claim on appeal that the DEA's undercover investigation generally, or its recording of the telephone calls in the United States or the meeting in Bermuda specifically, violated any United States law. [read post]
5 Dec 2010, 8:03 am
Mass. 2009) (“Decisions of district courts and Courts of Appeals (often analogizing cell phones to the earlier pager technology) trend heavily in favor of finding that the search incident to arrest ... exception[] appl[ies] to searches of the contents of cell phones. [read post]
25 Jul 2007, 5:31 am
.* Suppression issues litigated on direct appeal could not be brought in a 2255. [read post]
