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11 Mar 2019, 3:00 am by Jeff Welty
A federal magistrate judge did just that for Dzokhar Tsarnaev, the Boston Marathon bomber, and I’m told that some North Carolina magistrates have occasionally done the same. [read post]
13 Nov 2018, 7:31 am by Jonathan Holbrook
. __, 817 S.E.2d 764 (July 3, 2018) (habitual felon indictment was fatally defective where it failed to accurately allege the date of offense for which defendant was previously convicted); State v. [read post]
15 Oct 2018, 8:52 am by Jeff Welty
Abernathy, 843 F.3d 243 (6th Cir. 2016), where an officer acting on an anonymous tip did a trash pull at the defendant’s residence and found “[s]everal [m]arijuana roaches with [m]arijuana residue inside” and “[s]everal plastic vacuumed packed heat sealed bags consistent [with] those used to package marijuana for resale containing marijuana residue. [read post]
8 Oct 2018, 10:30 am by Jessica Smith
I’m working on the 2018 Crimes Supplement and I’ll note this issue there. [read post]
17 May 2018, 1:06 pm by Blake Marcus
Traffic stops have long been instrumental in the development of 4th Amendment jurisprudence. [read post]
17 Apr 2018, 11:29 am by Eugene Volokh
I therefore thought I'd blog the text of the draft brief here, and invite all of you to tell me why I'm wrong altogether, why I'm wrong on specific details, how the proposal could be improved, or even what parts of the proposal seem likely to be confusing to the judges. [read post]