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Federal Prison Handbook

Articles by Richard Resch

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 ...

Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution

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 located in ...

Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions

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 justice.

On ...

Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors

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 customary for case ...

10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie

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 of the ...

From the Editor

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 Rights Defense ...

From the Editor

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 current PLN ...

South Dakota Supreme Court Holds Warrantless Use of Pole Camera Outside Residence for Two Months Constitutes a Search in Violation of Fourth Amendment

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 obtained a ...

State Bar of Texas Pursuing Disciplinary Action against Prosecutor Who Lied about Deals with Jailhouse Informants in Capital Case

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 lawyer in ...

 

 

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