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27 Jan 2007, 5:14 am
January 25, 2007)* (Update and Comment: Since this was first posted, I have talked to defense counsel (because we have a case together, too), and he said that the defense evidence that supported the plaintiff coming at the officer with the baton which appears in admissions in the medical reports and elsewhere were not even mentioned in the opinion, so the findings will get less deference on appeal, which there definitely will be.) [read post]
9 Jul 2007, 4:07 am
For what it is worth, I have noticed a trend in some federal appeals courts where the opinions are truly getting shorter, some marginally shorter. [read post]
14 Oct 2024, 12:42 pm
Marcia Coyle is a regular contributor to Constitution Daily and PBS NewsHour. [read post]
21 Aug 2018, 4:05 am
” At PBS’ Religion & Ethics Newsweekly, Mark Silk writes that “[b]ased on his record as a judge on the D.C. [read post]
3 Oct 2007, 1:42 pm
Meanwhile, the Third Circuit Court of Appeals heard oral arguments in a similar case on September 11 of this year. [read post]
4 Jan 2014, 7:00 am
Obama, has now been appealed. [read post]
10 Oct 2011, 1:13 pm
Appeal from sentencing imposed by D.J. [read post]
7 Jun 2019, 2:00 am
District Attorney Locke Bell has said he will appeal the ruling and conduct a new trial if that appeal is not successful. [read post]
8 Sep 2006, 9:53 pm
The Illinois Court of Appeals reversed because there was no exigency to dispense with a warrant, despite the recent formation of PC to arrest. [read post]
19 Jul 2009, 8:19 pm
The district court denied the motion, and the defendant-officers now appeal. 1 Because "physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed," Payton v. [read post]
11 May 2007, 6:12 am
See Smith, 194 F.3d at 1052 ("[O]n appeal, arguments not raised by a party in its opening brief are deemed waived. [read post]
6 Feb 2011, 9:02 pm
In this regard, we also note that the Court of Criminal Appeals in a pre-Gates case has held that an affidavit stating that “affiants have recently received information from a confidential informant” was a sufficient reference to time when considering the totality of the affidavit. [read post]
15 May 2007, 6:22 am
This court has repeatedly stated that we will not address arguments, even constitutional arguments, raised for the first time on appeal. [read post]
23 Jul 2007, 5:37 am
Officer's testimony that the defendant was walking in a park masturbating rather than walking while uninating was credited by the district court and was "virtually unreviewable on appeal," quoting United States v. [read post]
22 Feb 2007, 4:47 am
Other circuit courts, such as the United States Court of Appeals for the Second Circuit, have ruled, more specifically, that a defendant who knowingly possesses a stolen vehicle has no legitimate expectation of privacy in the vehicle and, therefore, cannot establish standing to contest a search of the vehicle. [read post]
18 Mar 2007, 8:06 am
We agree with the explication of the Court of Special Appeals, which stated as follows: "Federal courts have also held that resistance to police requests for evidence could support an inference of consciousness of guilt. [read post]
2 Mar 2007, 3:39 am
Looking at the facts in the light we must for purposes of this appeal, Officer Miller's use of force was extremely severe. [read post]
1 Jul 2007, 8:24 am
State could rely on Franks on appeal. [read post]
7 Mar 2007, 9:42 am
Super. 2005) (citation omitted), appeal denied, 583 Pa. 695, 879 A.2d 783 (2005), cert. denied, __ U.S. __, 126 S. [read post]
17 Jan 2007, 7:11 am
We uphold the district court's ruling on appeal, as we agree that the failure to obtain a warrant under the unusual circumstances of this case constituted a constitutional violation as a matter of law. [read post]
