by Dale Chappell
The U.S. Supreme Court held that a driver of a rental car who is not listed as an authorized driver on the rental agreement still had an expectation of privacy in the vehicle for Fourth Amendment purposes, concluding that the U.S. Court of Appeals for the Third ...
by Dale Chappell
Kansas has become the thirty-third state to offer compensation to those who were wrongfully convicted. The new law signed by Gov. Jeff Colyer allows exonerees to be paid $65,000 for each year that they wrongfully spent in prison and $25,000 per year wrongfully on parole or the ...
by Dale Chappell
The Supreme Court of Appeals for Virginia held that convictions for both common law and statutory involuntary manslaughter for the same offense violated the Double Jeopardy Clause and remanded to vacate one of the convictions.
A jury convicted Carroll Gregg Jr., of both common law involuntary manslaughter ...
by Dale Chappell
Decades ago, it was acceptable, even laudable, for a cop to shoot an unarmed fleeing suspect in the back. That opinion, however, has changed over the years, but rarely does such an incident result in criminal charges against the officer. There are several reasons for that.
The ...
by Dale Chappell
A court must not automatically consider any single factor to be dispositive when deciding whether to deny or grant pretrial release, but must consider several factors on the record to determine if an accused must be detained, the New Mexico Supreme Court held.
Mariah Ferry, having been ...
by Dale Chappell
In an issue of first impression in Iowa, the Supreme Court of Iowa held that relief from a wrongful sentence is enough to allow a legal malpractice claim regarding that sentence, and the defendant need not obtain relief from the underlying conviction.
Having spent an extra year ...
by Dale Chappell
Law enforcement must secure a warrant prior to obtaining a urine sample from an arrestee, the Supreme Court of South Dakota held in an issue of first impression before the Court.
Hi Ta Lar was arrested after a lawful traffic stop turned up some marijuana and a ...
by Dale Chappell
A court must not automatically consider any single factor to be dispositive when deciding whether to deny or grant pretrial release, but must consider several factors on the record to determine if an accused must be detained, the New Mexico Supreme Court held.
Mariah Ferry, having been ...
by Dale Chappell
“Finality” of an out-of-state conviction to support an enhanced sentence depends on whether Texas State law would consider that prior conviction “final,” not on the particular state of conviction, the Court of Criminal Appeals of Texas held, finding a suspended sentence in California cannot serve as the ...
by Dale Chappell
It is plain error when a trial court fails to instruct the jury on the burden of proof for justifiable use of force and who carries that burden, even if the error was not preserved for review on appeal, the Supreme Court of Montana held December 19, ...
