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Articles by Mark Wilson

Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP

by Mark Wilson

The en banc Supreme Court of Washington held that a civilly committed sexually violent predator (“SVP”) was entitled to an evidentiary hearing. The State failed to carry its burden of making a prima facie showing that he continues to meet the SVP definition and that conditional release ...

Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance

by Mark Wilson

The Oregon Supreme Court ruled that warrantless entry into a home to obtain nonconsensual blood-alcohol concentration (“BAC”) evidence did not amount to an exigent circumstance that could justify the warrantless home entry.

At 10:15 p.m., on October 11, 2011, police were dispatched to a single-vehicle crash near ...

Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued

by Mark Wilson

The Ohio Supreme Court held that once a warrant has been issued, the exclusion of evidence is not an appropriate remedy when police violate the knock-and-announce rule.

In October 2012, Boardman Police officers supervised two “controlled buys” by an informant, who purchased heroin from Harsimran Singh. Based ...

Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity

by Mark Wilson

The United States Court of Appeals for the Second Circuit reversed a lower court’s denial of qualified immunity to police for arresting a man for stopping on the sidewalk to speak with Occupy Wall Street protestors.

On September 17, 2013, protestors gathered in New York City’s Zuccotti ...

California Mugshot Extortion Fee Claims Survive Anti-SLAPP Dismissal

by Mark Wilson

The California Court of Appeals held that charging a fee to remove mugshot photographs from a company's website is not protected free speech activity. Accordingly, dismissal of claims against the company were not warranted under California's anti-strategic lawsuit against public participation (anti-SLAPP) law.

A California company posts ...

Ninth Circuit: Non-Citizen Detainees Entitled to Automatic Bond Hearings

The U.S. Court of Appeals for the Ninth Circuit upheld a permanent injunction requiring automatic bond hearings for non-citizens who are detained longer than six months under three immigration statutes. The Court also held that hearings must be held at six month intervals when detention exceeds twelve months. Finally, alternatives ...

Ninth Circuit: Police Brady Duty Was Clearly Established in 1984

by Mark Wilson

The United States Court of Appeals for the Ninth Circuit held that the law was clearly established before 1984 that police officers have a duty to disclose material, exculpatory evidence.

In 1963, the United States Supreme Court held in Brady v. Maryland, 373 U.S. 83 (1963) that ...

$2 Million for Police Killing of Woman in Her Home

by Mark Wilson

South Carolina police paid $2 million to settle wrongful death claims of the estate of a woman who was shot to death in her home by police while executing a misdemeanor arrest warrant.

A Kershaw County arrest warrant was issued against Lori Jean Ellis, for a misdemeanor ...

Seventh Circuit Upholds Malicious Prosecution and False Arrest Dismissal

The United States Court of Appeals for the Seventh Circuit upheld the dismissal of false arrest and malicious prosecution claims of two Illinois men.

Jai Crutcher was incarcerated on Illinois offenses from 2002 to 2010. He was released in December 2010, but returned to prison for domestic battery in January ...

Second Circuit: Action Not Mooted by Rejected FRCP 68 Offer of Judgment

The United States Court of Appeals for the Second Circuit held that a rejected offer of judgment is “a legal nullity” which does not moot an action.

Radha Geismann, M.D., P.C., is a Missouri corporation that received two unsolicited advertising faxes from ZocDoc, Inc., a Delaware corporation. Both faxes required ...

 

 

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