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Articles by Richard Resch

Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant

by Richard Resch

The Supreme Court of Idaho held that prosecution of the defendant under a state statute that imposes a duty on anyone who discovers or has custody of a body to promptly notify authorities, based on the facts of this case, would violate the defendant’s Fifth Amendment privilege ...

Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment

by Richard Resch

The Supreme Court of Iowa announced a stricter legal framework for warrantless inventory searches and seizures of vehicles being impounded under the Iowa Constitution than required by the U.S. Supreme Court under its recent case law interpreting the Fourth Amendment.

On October 30, 2015, police pulled Bion ...

Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant

by Richard Resch

The Supreme Court of Pennsylvania adopted a new rule governing nonconsensual entry into a residence to effectuate an arrest warrant. The Court rejected the constitutional framework utilized by lower state courts that differentiated between a third-party’s residence and that of the subject of an arrest warrant, which ...

SCOTUS: Warrantless Invasion of Curtilage to Conduct Search Unconstitutional

by Richard Resch

In a May 29, 2018 opinion, the Supreme Court of the United States (“SCOTUS”) held that the automobile exception to the Fourth Amendment does not permit law enforcement to enter the curtilage of a home, without a warrant or consent, in order to search a vehicle located ...

Ninth Circuit: Violations Alleged After Expiration of Supervised Release Term Must be Factually Related to Pre-Expiration Allegation

by Richard Resch

In a February 28, 2018, opinion, the U.S. Court of Appeals for the Ninth Circuit ruled that U.S. District Courts may not base a revocation of supervised release upon violations that (1) were not alleged prior to the expiration of the supervisory period and (2) are not ...

SCOTUS: Sixth Amendment Right to Autonomy — Attorney Cannot Overrule Client’s Decision to Assert Innocence at Trial

by Richard Resch

On May 14, 2018, the Supreme Court of the United States (“SCOTUS”) issued a major decision affirming criminal defendants’ Sixth Amendment right to assert their innocence at trial. The Court determined that Robert McCoy’s “right to autonomy” had been violated when his attorney conceded his guilt at ...

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 alerted ...

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 ...

 

 

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