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3 Mar 2010, 4:07 am
Three great posts by Orin Kerr on the good faith exception and changing law: • The Good Faith Exception and Changing Law: The Context of the Good Faith Exception • The Good Faith Exception and Changing Law: The Benefit of the Exclusionary Rule on Direct Appeal • The Good Faith Exception and Changing Law: The Costs of the Exclusionary Rule, and Balancing Costs and Benefits The first paragraph to post 1: This is my first post in a planned series of posts on why the good… [read post]
18 Oct 2010, 5:09 am
Defendant later entered a conditional plea and appealed. [read post]
17 Jul 2008, 11:34 am
(Reversing an unpublished decision of the court of appeals.) [read post]
7 Jun 2011, 5:10 am
The state’s failure to raise standing in the trial court means that it cannot raise the issue on appeal for the first time. [read post]
8 Jul 2015, 9:04 am
PBS and other public television organizations had urged the FCC to protect at least one TV channel in each market for noncommercial use. [read post]
7 Dec 2009, 4:10 pm
The Michigan Court of Appeals required more than what the Fourth Amendment demands. [read post]
10 Apr 2009, 12:20 pm
A little over a week ago, the Michigan Court of Appeals issued this (majority) opinion. [read post]
27 Apr 2008, 8:49 am
Defendant's stop and frisk was justified by reasonable suspicion on the totality of the circumstances, and the court of appeals erred in concluding otherwise. [read post]
5 May 2012, 10:09 am
Defendant can’t relitigate his motion to suppress in a 2255 which was decided on the merits on appeal without an IAC claim. [read post]
24 Oct 2008, 6:10 pm
.* Without an intervening change in the law, defendant cannot relitigate on post-conviction his search and seizure claim alreay denied by the court and affirmed on appeal. [read post]
17 Apr 2010, 8:40 am
(The “escape rule” did not apply where defendant failed to show for sentencing but then later did and was in custody for the appeal.) [read post]
11 Aug 2008, 12:37 pm
Also, a general motion to suppress and failure to articulate before the trial court the other specific issue on appeal is a waiver of the issue. [read post]
4 Jan 2012, 5:58 am
In defendant’s 1996 appeal from his conviction, the issue of reasonable cause of a stop of the cab defendant was riding in was decided against him. [read post]
20 Dec 2008, 2:38 pm
Court refuses to adopt the minority rule that the defendant cannot complain on appeal of an alleged illegal search unless he also testified at trial. [read post]
30 Apr 2010, 6:15 pm
The Court of Appeals of the Armed Forces held today there is no general Fourth Amendment exception to military quarters in a combat zone. [read post]
25 Jan 2008, 2:46 pm
The Major League Baseball steroid record search warrant case finally, 26 months after submission, comes out of the Ninth Circuit; all 112 pages of it; three consolidated appeals United States v. [read post]
21 Oct 2010, 2:07 pm
On Tuesday, PBS's Frontline profiled the Willingham case. [read post]
12 Jan 2009, 5:15 am
Argument that a drug dog in a highway patrol car is the equivalent of a roving drug checkpoint was not preserved for appeal, but the argument would lose anyway. [read post]
11 Sep 2011, 9:35 pm
Supreme Court, the Ohio Court of Appeals for the Fifth District holds that a warrant is required for GPS installation on a vehicle. [read post]
25 Dec 2009, 10:04 pm
Defendant never suggested to defense counsel that he wanted to appeal. [read post]
