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Articles by Richard Resch

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 ...

From the Editor

by Richard Resch

This marks our sixth issue of Criminal Legal News. The response has been a pleasant surprise. While we were confident that there was a pressing need for a publication of this type—and that the content of each issue of CLN would provide readers with relevant, actionable legal ...

New York Court of Appeals: Defendant Denied Right to Speedy Trial After 6-Year Delay

by Richard Resch

On May 24, 2008, Reginald Wiggins and codefendant Jamal Armstead were involved in an altercation in which a 15-year-old bystander was shot and killed. They were arrested and charged with various crimes, including murder. The prosecution spent two-and-a-half years attempting to get Armstead to testify against Wiggins ...

Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine

by Richard Resch

The Supreme Judicial Court of Massachusetts held that consent to search inside a vehicle does not authorize the police to search under the hood of the vehicle.

On January 23, 2015, two police officers conducted a traffic stop of a vehicle for loud music. There were two ...

U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality

by Richard Resch

The U.S. Supreme Court held that a guilty plea alone does not bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal.

In September 2013, Rodney Class was indicted by a federal grand jury for possessing firearms in his ...

Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional

by Richard Resch

In April 2013, Julio Chairez pleaded guilty in connection with a plea agreement to possessing a firearm within 1,000 feet of a park in violation of Section 24-1(a)(4), (c)(1.5) of the Unlawful Use of a Weapon (“UUW”) statute (720 ILCS 5/24-1 ...

Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine

by Richard Resch

In January 2018, the Pennsylvania Supreme Court refined the contours of the collective knowledge doctrine as it exists in the Commonwealth. The doctrine relates to the warrantless seizure of a person by an officer acting as part of a group in a coordinated investigation. The Court adopted ...

Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint

by Richard Resch

The Washington Court of Appeals, Division I determined that the use of specific PowerPoint slides intended to establish the characters of defendant and victim and their actions in conformity therewith amounted to prosecutorial misconduct. The misconduct was both improper and prejudicial. Therefore, it warranted the reversal of ...

CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case

by Richard Resch

The Court of Appeal of California, First Appellate District, ruled that evidence obtained in violation of the Fourth Amendment and the California Constitution should have been suppressed, and it reversed defendant’s conviction for possession of a baton in violation of Cal Pen Code § 22210.

On March ...

Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process

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 significant misunderstanding of ...


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