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Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice

Loaded on April 15, 2021 by Douglas Ankney published in Criminal Legal News May, 2021, page 30
Filed under: Attorney Misconduct, Dismissal of Counts With Prejudice, Juror Misconduct Issues. Location: Wyoming.

by Douglas Ankney

The Supreme Court of Wyoming ruled that a district court abused its discretion when it dismissed without prejudice the charges against Matthew A. Carabajal upon the State’s motion under Wyoming Rule of Criminal Procedure 48 (“Rule 48”), and the Supreme Court remanded for dismissal of the charges ...

 

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  1. No-Knock Warrants Leave Trail of Terror, Property Damage, and Deaths, by David Reutter
  2. A Primer on Overcriminalization, by David Reutter
  3. Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner, by Dale Chappell
  4. Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense, by Dale Chappell
  5. Federal Habeas Corpus: Filing Procedures, by Dale Chappell
  6. The Parole App Trap, by Jayson Hawkins
  7. Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional, by Anthony Accurso
  8. Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement, by Douglas Ankney
  9. New Jersey Police Union Contracts Laden With Financial Largesse, by Casey Bastian
  10. D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief, by Dale Chappell
  11. D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, by Derek Gilna
  12. Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release, by Douglas Ankney
  13. Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District, by Dale Chappell
  14. Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records, by Douglas Ankney
  15. Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit, by Casey Bastian
  16. Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests, by Douglas Ankney
  17. Tech Company Enables Surveillance, by Jayson Hawkins
  18. Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice, by Douglas Ankney
  19. Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation, by Dale Chappell
  20. Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant, by Anthony Accurso
  21. Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme, by Anthony Accurso
  22. New Jersey Appellate Court Holds Defendant Entitled to Source Code of Novel Probabilistic Genotyping Software Upon Showing of Particularized Need, by Douglas Ankney
  23. Orwellian Fusion Centers Are Watching You, by Casey Bastian
  24. Utah Supreme Court: Appeal of Plea in Justice Court Doesn’t Vacate Judgment, by David Reutter
  25. California Court of Appeal: Prisoners Are Not Required to Serve ‘Thompson Terms’ After Grant of Parole Under Elderly Parole Program, by Douglas Ankney
  26. North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment, by Matthew Clarke
  27. New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’, by Douglas Ankney
  28. Surveillance and the City, by Jayson Hawkins
  29. Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop, by Douglas Ankney
  30. Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy, by Douglas Ankney
  31. Illinois Study: Crime Rate not Tied to Prison Population Levels, by Kevin Bliss
  32. Ninth Circuit: State’s Forced Medication Order Was Properly Challenged Under Federal Habeas Corpus, by Dale Chappell
  33. Tracking Browser History, by Jayson Hawkins
  34. Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent, by Anthony Accurso
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  36. Socially Unacceptable New York Cops, by Edward Lyon
  37. News in Brief
  38. New Jersey Supreme Court Announces Adoption of Framework for Evaluating Discovery Motions Challenging Warrant Affidavits Based on Unidentified Confidential Informants, by Douglas Ankney

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