by Anthony W. Accurso
The Supreme Court for the State of Nevada reversed a trial court’s order denying a defendant’s suppression motion, holding that the search warrant authorizing the search of the defendant’s home could not be expanded to his person outside the home simply because the affidavit supporting the ...
by Anthony W. Accurso
The Supreme Court of Arkansas held that courts have jurisdiction to hear habeas motions authorized by Act 1780 of 2001, in which a defendant may request new scientific testing of evidence to establish their actual innocence claim, even if the defendant has been released from custody ...
by Anthony W. Accurso
The Court of Appeal of California, Second District, overturned the denial of a defendant’s suppression motion by ruling that the officers’ show of force meant the encounter was non-consensual and that the defendant’s attire was insufficient to justify the detention.
Just before midnight on July 12, ...
by Anthony W. Accurso
The Supreme Court of Arizona held that a defendant’s third postconviction relief (“PCR”) motion was not untimely, nor had he waived the issue by failing to file it in earlier petitions, because there was “pervasive confusion” about parole eligibility for decades.
Larry Dean Anderson was convicted ...
by Anthony W. Accurso
The Supreme Court of Georgia ruled that defense counsel was ineffective for failing to argue that self-defense is a complete defense to felony murder based on a felon-in-possession charge based on Georgia’s self-defense statute, OCGA § 16-11-138.
On the evening of September 9, 2017, Darnell Rene Floyd ...
by Anthony W. Accurso
Concerns about the accuracy of criminal background check reports led two researchers to study this issue, and the results undermined commonly held beliefs about the reliability of such reports and their failure to align with American values and public policy goals.
Researchers Sarah Lageson and Robert ...
by Anthony W. Accurso
The U.S. Court of Appeals for the Tenth Circuit reversed the convictions of the unwitting passenger of a drug mule on the ground that the Government failed to present evidence of her knowledge of the drugs and instead relied solely on unreasonable inferences.
Tony Garcia agreed ...
by Anthony W. Accurso
The U.S. Court of Appeals for the First Circuit remanded a defendant’s case for resentencing after ruling that the U.S. District Court for the District of Puerto Rico relied on impermissible hearsay evidence, which served as a factor at sentencing for his revocation and new charge. ...
by Anthony W. Accurso
The Supreme Court of Oregon suppressed statements made by a defendant on probation to police who interrupted a meeting between her and her probation officer to interrogate her regarding new crimes, ruling that this environment constituted “compelling circumstances” under state law and thus required a Miranda warning prior to the interrogation.
Deborah Lynn Reed was on probation for a drug offense when, during a meeting with her probation officer at his office, two police officers interrupted the meeting. “One of the police officers stood in the doorway, and the other slid past him and sat down in the room,” and they began to confront Reed with statements such as, “they knew she was selling drugs again” and that “they had information that she had sold drugs earlier that day.” They “also accused her of possessing drugs as they spoke.”
Under the terms of her probation, the meeting with her probation officer was mandatory, and she could leave it only with the probation officer’s permission, which he did not give at any time either prior to or during her interaction with the police. Additionally, the probation officer’s office was located in a secure building, so Reed ...
by Anthony W. Accurso
A cell-site simulators (“CSS”)—often referred to as a “Stingray” device, after a popular brand—is one of the newest and most controversial law enforcement tools since the introduction of the wiretap. Its use represents the intersection of four trends in policing: (1) the increasing use of military tools ...
