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Articles by Richard Resch

SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment

by Richard Resch

In a unanimous opinion, the Supreme Court of the United States held that a jury’s verdict of not guilty by reason of insanity is an “acquittal” for purposes of the Double Jeopardy Clause of the Fifth Amendment, despite the fact that the acquittal may be logically inconsistent ...

Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made

by Richard Resch

The U.S. Court of Appeals for the Fourth Circuit vacated the U.S. District Court for the District of Maryland’s order and remanded for discovery and an evidentiary hearing on Kenyon Paylor’s petition to vacate his guilty plea, which alleged his plea was induced by egregious police misconduct ...

New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation

by Richard Resch

The Court of Appeals of New York suppressed incriminating evidence recovered from a cyclist after police officers initiated a traffic stop of the cyclist, searched him, and recovered a loaded handgun, holding that the same standard for initiating a traffic stop of motor vehicles applies to bicycles ...

First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand

by Richard Resch

In a case of first impression, the U.S. Court of Appeals for the First Circuit held that it may raise sua sponte on appeal a claim of error not timely raised by the defendant where there was “a violation of the mandate rule.” The Court further held ...

Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired

by Richard Resch

The Court of Criminal Appeals of Texas held a trial court lacked jurisdiction to revoke community supervision where the violation occurred after the statutory maximum term of five years concluded, despite the fact he had been sentenced to a 10-year term.

Before the Court was the writ ...

Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge

by Richard Resch

In a case involving an issue of first impression, the U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Southern District of Indiana erred by denying Russell Taylor’s motion to suppress and request for an evidentiary hearing to determine the ...

Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable

by Richard Resch

The Supreme Court of Colorado held that under Colorado Rule of Evidence (“CRE”) 106 if the prosecution creates a misleading impression by excluding statements made by the defendant that should be considered together with the proffered evidence out of fairness, the rule of completeness requires the ...

New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework

by Richard Resch

The Court of Appeals of New York ruled that the defendant (1) moving from the driver’s seat to the passenger’s seat, (2) positioning upper torso toward driver’s seat, (3) pulling pants up upon exiting vehicle, and (4) appearing nervous when questioned by police were insufficient to establish ...

D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself

by Richard Resch

The U.S. Court of Appeals for the D.C. Circuit held that the prosecution violated its Brady disclosure obligations by withholding multiple law enforcement reports from the defendant, even though most of the information within the reports was available to the defendant from other sources, because the reports ...

Wyoming Supreme Court Reverses ‘Contempt of Cop’ Conviction Because Police Were Not Lawfully Performing Their Official Duties

by Richard Resch

The Supreme Court of Wyoming ­reversed Myron Martize Woods’ conviction for interference with a peace officer because the arresting officers’ warrantless entry into his home, without any applicable exception, meant that they were acting unlawfully in effectuating his arrest, but an “elemental” requirement of this offense is that the police were lawfully performing their official duties. 

On February 13, 2020, Cheyenne Police Department Officer Warren was called to the home of Brittany Jackson for a domestic disturbance. Jackson claimed that Woods grabbed her neck and pushed her. Warren did not see any marks on Jackson’s neck, so he concluded that there was not probable cause to arrest Woods.

Approximately two hours later, Warrant and his supervisor, Sergeant Young, returned to Jackson’s home in response to her request for further investigation. This time, the officers observed marks on her neck and determined that there was probable cause to arrest Woods for misdemeanor domestic battery. Mistakenly believing that an arrest warrant was not required under Wyo. Stat. Ann. § 7-20-102(a) because the alleged offense occurred less than 24 hours ago, the officers did not attempt to obtain an arrest warrant for Woods.

Warren, Young, and a third officer arrived ...

 

 

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