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17 Mar 2007, 6:35 pm
Meanwhile, federal courts of appeals would be compelled to recognize--and, indeed, to perpetuate--such disparities among the states and territories within their jurisdictions. [read post]
18 May 2009, 5:52 am
May 14, 2009): Our Circuit Court of Appeals has instructed that "the breadth of items to be searched depends upon the particular factual context of each case and also the information available to the investigating agent that could limit the search at the time the warrant application is given to the magistrate. [read post]
16 Mar 2007, 1:11 pm
The court of appeals held that the defendants' "claim that the Mansfield Amendment was violated fails on its face" because "the Panamanian authorities conducted the direct police action during which the defendants made a transition from liberty to custody. [read post]
15 Dec 2009, 9:10 am
At present, the two leading cases are those discussed by the majority and dissenting opinions of the court of appeals. . . . 3. [read post]
6 May 2009, 3:15 am
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 or exigent circumstances exceptions apply to searches of the contents of cell phones. [read post]
4 Oct 2007, 7:25 am
The Court of Appeals for the Second Circuit had applied "intermediate level scrutiny" in evaluating regulations analogous to the TLC Rules considered here. [read post]
4 Oct 2008, 6:20 pm
In Evans, the defendant argued on appeal that the sentencing court erred in considering the testimony of an alleged prior rape victim, because during the defendant's trial for that offense the trial court granted his motion to suppress the victim's identification of him. [read post]
9 Feb 2008, 7:45 am
Additionally, the Florida District Court of Appeals cited a Florida statute outlining the duties of law enforcement officers assigned to the schools. [read post]
10 Sep 2007, 5:24 am
Like Guerrero, 472 F.3d at 789, where the Tenth Circuit Court of Appeals found the presence of an additional officer a factor "only in the mildest of forms" because the officer was a distance away and had no contact with the defendant, in this case the trial court made the factual finding that Thompson was unaware of the back-up officer's presence. [read post]
25 Apr 2007, 6:23 am
Plaintiff's complaint that challenged the legality of her arrest was barred by Heck, the court taking judicial notice of the state conviction being on appeal, but Heck did not bar the part of the case dealing with alleged excessive force during the arrest. [read post]
22 May 2007, 3:39 am
The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion. [read post]
5 Jun 2007, 4:46 pm
The Second Circuit Court of Appeals ruled that the Federal Communications Commission's policy prohibiting "fleeting expletives" is arbitrary and capricious under the Administrative Procedure Act for "failing to articulate a reasoned basis for its change in policy. [read post]
11 Apr 2011, 10:00 pm
See paras 23 – 29 of R (English UK Ltd) v Secretary of State for the Home Department [2010] EWHC 1726 for a further explanation of the workings of PBS. [read post]
26 Aug 2010, 7:03 am
Unfortunately, the infant developed two rare and life-threatening conditions: protein losing enteropathy (PLE) and plastic bronchitis (PB). [read post]
7 Oct 2024, 11:14 am
The Biden administration appealed to the Supreme Court (Garland v. [read post]
16 Jun 2023, 11:54 am
In that role, “[h]e supervised the Criminal Prosecutions, Special Prosecutions, Criminal Appeals, and Crime Victims Services Divisions which were comprised of approximately 220 employees. [read post]
30 Jan 2007, 12:27 am
Judge Urges 'All-Out' Campaign for Judicial Pay Raises
New York Law Journal
New York Court of Appeals Chief Judge Judith Kaye has termed the battle for state judicial pay raises the "ultimate assault on judicial independence. [read post]
1 Jun 2018, 9:03 am
Check Out PBS! [read post]
28 Apr 2007, 4:24 pm
His motion to dismiss for the entry into the yard was dismissed and affirmed on appeal. [read post]
IN: Failure to file affidavit before search warrant is executed in violation of statute voids search
2 Mar 2007, 5:02 am
.* From March 8, 2006 post, a case affirmed on appeal to the state supreme court on the same grounds: State v. [read post]
