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Articles by Mark Wilson

Oregon Supreme Court: Federal Law Prohibits Elected DA’s Delegation of Wiretap Authority and Overbroad Initial Search Warrant Requires Suppression of Evidence Obtained as Result of Over 20 Subsequent Warrants

by Mark Wilson

The Supreme Court of Oregon unanimously upheld a lower court’s suppression of the State’s wiretap evidence, concluding that the wiretaps violated federal law. It also affirmed the trial court’s suppression of search warrant evidence because the warrants lacked specificity and were overbroad.

During the evening of September ...

Rhode Island Supreme Court: DUI Suspect Was in ‘Custody’ so Un-Mirandized Roadside Statements Properly Suppressed

by Mark Wilson

The Supreme Court of Rhode Island upheld a lower court’s suppression of un-Mirandized statements made to police, finding that the defendant was in custody at the scene of an automobile collision.

On October 23, 2018, Joseph Corcoran’s vehicle struck a light pole on a Rhode Island ...

Illinois Supreme Court Announces Krankel’s Pro Se Posttrial IAC Procedure Applies to Juvenile Delinquency Proceedings and Clarifies That Krankel Procedure Applies to Both Appointed and Retained Counsel

by Mark Wilson

The Supreme Court of Illinois held that the Court’s pro se posttrial ineffective assistance of counsel (“IAC”) procedure applies to juvenile delinquency proceedings and extends to IAC claims against both retained and appointed counsel. The court reversed, holding that the trial court erred in failing to conduct ...

Oregon Supreme Court: State Sentencing Guidelines Control Repeat Sex Offender Downward Departure Sentences

by Mark Wilson

The Supreme Court of Oregon unanimously held that upon finding that a life without parole (“LWOP”) sentence is not appropriate under Oregon’s repeat sex offense law, sentence must be imposed under the state sentencing guidelines.

Oregon lawmakers enacted ORS 137.719 in 2001. Section 1 requires a presumptive ...

Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause

by Mark Wilson

The U.S. Court of Appeals for the Fifth Circuit vacated a Texas defendant’s drug conviction, concluding that the Government flouted his right to confront witnesses against him, in violation of Confrontation Clause. See Crawford v. Washington, 541 U.S. 36 (2004).

Kenneth Hamann and William Davis were ...

Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome

by Mark Wilson

The Court of Criminal Appeals of Texas clarified the correct ineffective assistance of counsel (“IAC”) standard in cases of erroneous probation eligibility advice. It is not necessary to show a different outcome, only that the erroneous advice impacted the defendant’s decision-making, the Court instructed.

Timothy Aaron Swinney ...

Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence

by Mark Wilson 

The Supreme Court of Iowa held that the warrantless entry of an apartment to arrest the occupant on a misdemeanor charge was unlawful, requiring suppression of evidence of cocaine possession obtained from the unlawful entry.

Ames, Iowa, police officer Jamie Miller was dispatched to a fourplex apartment ...

California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53

by Mark Wilson

The Supreme Court of California held that sentencing courts have the authority to strike a firearm enhancement and substitute a lesser uncharged statutory enhancement.

California Penal Code § 12022.53, the state’s  “Use a Gun & You’re Done”  law, establishes a tiered system of sentencing enhancements for certain ...

New Jersey Supreme Court: Description of Race and Gender of Robbery Suspects, Without More, Doesn’t Constitute Reasonable Suspicion for Investigatory Traffic Stop of Black Motorists

by Mark Wilson

THE NEW JERSEY SUPREME COURT unanimously held that police lacked reasonable and articulable suspicion to stop a vehicle occupied by three Black men based solely on a radio dispatch that two Black males had just robbed a convenience store in the area and one was armed with ...

Ninth Circuit Holds Statute Criminalizing Encouraging or Inducing Alien to Reside in U.S. Is Overbroad and Facially Unconstitutional

by Mark Wilson

THE U.S. COURT OF APPEALS FOR THE Ninth Circuit held that a federal law, 8 U.S.C. § 1324(a)(1)(A)(iv), that criminalizes encouraging or inducing an alien to reside in the U.S. for private financial gain of such person is facially overbroad and unconstitutional because it covers a substantial ...



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