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Articles by Mark Wilson

Ninth Circuit Reverses Summary Judgment on Unreasonable Seizure Claim

by Mark Wilson

The U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of unreasonable seizure and First Amendment violation claims. The Court held that there were disputed issues of material fact on whether police had probable cause to cite plaintiff for obstructing a buffalo herding operation.

Several ...

Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims

by Mark Wilson

Applying the Discovery Rule in determining when the applicable two-year statute of limitations (“SOL”) begins to run on “judicial deception” claims, the U.S. Court of Appeals for the Ninth Circuit held that a claim brought three-and-a-half years after a search warrant was executed was not time-barred because ...

California Attorney Invoices Not Categorically Exempt from PRA Disclosure

by Mark Wilson

The California Supreme Court held that legal billing statements in closed cases are not categorically exempt from disclosure under California’s Public Records Act (PRA).

Modeled after the federal Freedom of Information Act (FOIA), the California PRA allows broad public access to government information. In 2004, California voters ...

Tenth Circuit: Oklahoma Sex Offender Restrictions Are Not Punitive

by Mark Wilson

The Tenth Circuit held that Oklahoma's sex offender reporting and residency requirements do not amount to punishment.

Juston Shaw was convicted of a 1998 Texas sex offense. He moved to Oklahoma ten years later. At the time of his offense, Oklahoma had a sex offender reporting requirement ...

Appeals Court Rules in Favor of NAACP Ad

by Mark Wilson

The United States Court of Appeals for the Third Circuit held that a lower court's ban of a prison reform ad was unconstitutional. The court upheld a lower court's injunction, enjoining Philadelphia from prohibiting non-commercial speech advertisements at the airport.

In 2011, the National Association for the ...

Connecticut Removal of Spanish-Speaking Juror Not Reversible Without Prejudice

by Mark Wilson

The Connecticut Supreme Court held that the improper exclusion of a prospective Spanish-speaking juror is not reversible unless prejudice is shown.

Jeffrey P. Gould was tried on a Connecticut sex crime. While the prosecutor was questioning a prospective juror during voir dire, the court interrupted to ask ...

Whether Indiana Identity Fraud is for "Unlawful Purpose" is Affirmative Defense, Not Element of Offense

by Mark Wilson

The Indiana Court of Appeals held that whether a person falsely uses another person's identity is "for an unlawful purpose" is an affirmative defense rather than an element of the offense.

Cassandra Collins was detained in Indiana's Delaware County Jail, facing pending criminal charges. She was represented ...

Ohio's Adam Walsh Act Registration Not Retroactive

by Mark Wilson

The Ohio Supreme Court held that amendments to the state's sex offender registration law do not apply to defendants who committed their crimes before January 1, 2008.

In 1996, the Ohio legislature enacted Megan's Law, establishing a comprehensive system of classifying sex offenders into three categories: sexually-oriented ...

Fifth Circuit Upholds Denial of Continuance to Retain Counsel Morning of Revocation Hearing

by Mark Wilson

The United States Court of Appeals for the Fifth Circuit held that a lower court did not abuse its discretion in refusing to continue a supervised release revocation hearing to allow the defendant to retain counsel.

On August 1, 2014, Van Allen Smith was sentenced to a ...

Arkansas Supreme Court: Accident Report Information Not Exempt from FOIA Disclosure

by Mark Wilson

The Arkansas Supreme Court held that the federal Driver's Privacy Protection Act (DPPA) does not prohibit public disclosure of information contained in vehicle accident reports from being released under the Freedom of Information Act (FOIA).

Attorney Daniel Wren sent a FOIA request to the Arkansas State Police ...

 

 

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