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5 Feb 2012, 5:47 am
What's more, this claim is procedurally defaulted, as Fulcher failed to challenge the July 24 search on direct appeal and he may no longer assert the claim in state-court proceedings. [read post]
6 Nov 2010, 4:57 am
Gant was decided after, and the question of search incident was never raised until appeal, so Gant can’t apply. [read post]
13 Dec 2009, 7:06 am
Defendant's less than half-hearted argument that he had standing in a borrowed van was tantamount to an abandonment of the argument on appeal. [read post]
29 Aug 2013, 1:44 pm by Ritika Singh
He faces death by lethal injection, but his appeals process will likely be strung along for a few years. [read post]
8 May 2009, 10:00 am
 One person was able to convert her $1,000 contribution into a $4,000 donation in this way.I know you receive many appeals for contributions all year long. [read post]
26 Jun 2007, 5:06 am
It follows, then, that perfunctorily mentioning an issue, without more, does not preserve it for appeal. [read post]
28 Jun 2010, 3:22 pm
PBS NewsHourWatch This SegmentListen to the AudioSupreme Court nominee Elena Kagan faced her first day of confirmation hearings in the Senate, with praise and criticism falling largely along party lines. [read post]
27 Jan 2012, 7:05 am
One can’t wait until after reversal on appeal to sue if it ran in the meantime. [read post]
23 Apr 2011, 5:41 am
It is time, after a panel of the United States Court of Appeals for the Ninth Circuit opened the way last month to vast government intrusion. [read post]
19 Oct 2011, 2:53 am
Based on what defense counsel did not present and the government’s argument in its appeal brief, the court determines that defendant had standing to challenge the search after all, but he would fail on his Franks challenge. [read post]
8 Jun 2008, 9:11 pm
The Court of Appeals erred in holding that the officer could not reach in to seize the meth because it was subject to theft or tampering. [read post]
20 May 2008, 8:30 am
"The issue presented by this appeal is whether a police officer who makes observations during a routine safety inspection of a commercial truck that reasonably lead him to believe it contains a hidden compartment containing contraband must obtain a search warrant before undertaking to confirm the existence of the hidden compartment and determine its contents. [read post]
1 Jul 2010, 3:36 am
The court has previously applied Gant retroactively, and the state does not even cite it in its brief on appeal. [read post]