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Articles by Richard Resch

Florida Supreme Court Announces SOL Defense Must be Raised at Trial to Preserve Issue for Direct Appeal

by Richard Resch

In an April 12, 2018 opinion, the Supreme Court of Florida announced that a statute of limitations (“SOL”) defense must be raised in the trial court in order to preserve the issue for direct appeal.

In 2011, DNA evidence linked Earvin Smith to a home invasion and ...

Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred

by Richard Resch

In an opinion issued on April 4, 2018, the U.S. Court of Appeals for the Sixth Circuit affirmed the suppression of evidence ostensibly obtained pursuant to an anticipatory search warrant where the triggering event never occurred.

This case was set in motion when a police dog ...

SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision

by Richard Resch

On April 17, 2018, the Supreme Court of the United States (“SCOTUS”) issued an opinion in which it instructed that federal courts are required to “look through” an unexplained decision of the last state court to rule on the merits of a state habeas petition to the ...

U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a)

by Richard Resch

The Supreme Court of the United States reversed a defendant’s conviction for violating the second clause of 26 U.S.C.S. § 7212(a) (“Omnibus Clause”). In doing so, the Court announced the requirements for a conviction under the criminal tax statute, resolving a split among the United States Courts of Appeals.  

Between 2004 and 2009, the IRS opened and closed multiple investigations into the tax activities of Carlo Marinello. In 2012, the Government indicted him for several violations of various criminal tax statutes, including the Omnibus Clause. It forbids “corruptly or by force or threats of force (including any threatening letter or communication) obstruct[ing] or imped[ing], or endeavor[ing] to obstruct or impede, the due administration” of the Internal Revenue Code.

To be convicted of violating the Omnibus Clause, the defendant must have engaged in at least one of eight enumerated activities. The Government accused Marinello of engaging in five of the eight activities: (1) failing to maintain corporate books and records, (2) failing to provide complete and accurate tax information to tax accountant, (3) destroying business records, (4) hiding income, and (5) paying employees with cash.

At trial, the judge instructed ...

Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification

by Richard Resch

The Supreme Court of Arizona announced that a defendant is entitled to a self-defense jury instruction while simultaneously claiming a misidentification defense (he or she did not, in fact, commit the offense).

In October 2013, Antajuan Carson fought with multiple people at a house party. At one ...

Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case

by Richard Resch

On October 29, 2014, at about 4 a.m., 13 Highland Park, New Jersey, police officers performed a no-knock entry into the Greer family home.

Without knocking or announcing their presence, the officers blasted the door open with a shotgun. All the officers were outfitted with SWAT ...

Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional

by Richard Resch

The Supreme Court of Illinois has taken the relatively rare step of striking language from two stalking statutes as facially unconstitutional because they violate the First Amendment to the U.S. Constitution.

In the November 30, 2017, opinion, the Supreme Court vacated Walter Relerford’s convictions for stalking ...

Kansas Supreme Court Rules Grant of ‘Use’ Immunity Insufficient to Compel Testimony

by Richard Resch

Jose Delacruz, Anthony Waller, and three others participated in the robbery of Joshua Haines, who was murdered during the act. Delacruz was convicted of aggravated robbery, but he was acquitted of felony murder. He was sentenced to 83 months in prison. Both the conviction and sentence were ...

California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial

by Richard Resch

The Supreme Court of California granted a death row prisoner’s petition for writ of habeas corpus based upon the introduction of false evidence at trial and vacated his convictions in their entirety.

On November 17, 1991, 21-month-old Consuelo Verdugo was rushed to the emergency room at Delano ...

First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home

by Richard Resch

The U.S. Court of Appeals for the First Circuit modified its position on the emergency aid exception to the Fourth Amendment’s warrant requirement by announcing: “officers seeking to justify their warrantless entry need only demonstrate ‘an objectively reasonable basis for believing’ that ‘a person within [the ...


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