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Articles by Richard Resch

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 ...

D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions

by Richard Resch

In September 21, 2017, the District of Columbia Court of Appeals, the highest court in D.C., ruled that the warrantless use of a cell-site simulator (the generic term for all such devices regardless of the manufacturer or model is “stingrays”) constitutes an illegal search in violation of ...

Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard

by Richard Resch

The U.S. Court of Appeals for the Third Circuit held that when the prosecution knowingly presents or fails to correct perjured testimony, the defendant is entitled to relief upon establishing a reasonable likelihood the false testimony could have affected the jury’s judgment and does not have to ...

 

 

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