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Articles by Jeffrey Cohen

Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment

The Supreme Court of Illinois reversed the Appellate Court’s denial of the defendant’s suppression motion, holding that contraband discovered by police inside a kitchen cabinet that was slightly ajar but secured with a chain and padlock should have been suppressed because police used a flashlight to peer into the slight ...

Mississippi Supreme Court Vacates Convictions, 
Holding Multiple Errors by State Resulted in ‘Legal Chaos’ 
That Deprived Defendant of Right to Fair Trial 
Under ‘Cumulative-Error Doctrine’

Sitting en banc, the Supreme Court of Mississippi reversed both the trial court and Court of Appeals’ decisions that the State’s multiple violations of the defendant’s rights under the United States Constitution as well as the Mississippi Rules of Evidence and multiple instances of prosecutorial misconduct did not deprive the ...

Fifth Circuit Announces Definition of ‘Controlled Substance’ in Effect at Time of Current Sentencing Applies for Purposes of Career-Offender Enhancement, Not Definition at Time of Prior Sentencings

by Jeffrey Cohen

The United States Court of Appeals for the Fifth Circuit held that the definition of “controlled substance” in effect at the time of sentencing for the current offense applies, not the definition in effect at the time of prior convictions, in determining whether the prior convictions qualify ...

 

 

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