by Richard Resch
On January 16, 2018, the Supreme Court of Georgia issued an instructive per curiam opinion in which it announced the need for it to explain its habeas application review process.
According to the Court, the explanatory opinion was necessitated because “there appears to be …
by Richard Resch
Police obtained a search warrant for a residence. Jeffrey Sickles was identified as a person to be searched in the warrant. An attached police affidavit stated that his sister listed the residence as her home address. When police executed the search warrant, Danielle Brown was …
by Richard Resch
The U.S. Court of Appeals for the Ninth Circuit determined that James Michael Wells did not receive a fair trial, reversed his first-degree murder convictions, and remanded for a new trial after the case was reassigned to a different judge to preserve the appearance of …
by Richard Resch
The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Eastern District of Virginia abused its discretion in dismissing Anthony Juniper’s Brady claim without holding an evidentiary hearing.
This case is discussed at greater length than is …
by Richard Resch
The U.S. Court of Appeals for the Tenth Circuit ruled that a protective sweep of a house conducted incident to the lawful arrest of an occupant was too broad and thus was not permissible under the Fourth Amendment. The Court reversed the district court’s denial …
by Richard Resch
Welcome to Criminal Legal News (“CLN”). This issue of CLN has been circulated to a wide and diverse audience beyond the usual suspects, so many individuals who have received a copy may not be familiar with CLN, Prison Legal News, or the Human …
by Richard Resch
Happy New Year and welcome to Criminal Legal News (“CLN”). If you’re reading this, you’re likely familiar with the Human Rights Defense Center (“HRDC”) and its companion publication, Prison Legal News (“PLN”). We’ve sent the first issue of CLN to all …
by Richard Resch
After receiving a tip that a known drug dealer had been visiting Joseph Jones’ residence, police installed a pole camera, without a warrant, on a public street light outside of his home for two months. Based upon the information gathered via the pole camera, police …
by Richard Resch
In September 25, 2017, the State Bar of Texas filed a disciplinary action against former Harris County Assistant District Attorney Elizabeth A. Exley. She is accused of striking deals with three jailhouse informants in exchange for damaging testimony against Edward George McGregor without notifying his …
by Richard Resch
In September 21, 2017, the District of Columbia Court of Appeals, the highest court in D.C., ruled that the warrantless use of a cell-site simulator (the generic term for all such devices regardless of the manufacturer or model is “stingrays”) constitutes an illegal search in …