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Articles by Richard Resch

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(a)(4), (c)(1.5), which prohibits carrying ...

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 ...

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 ...

 

 

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