Articles by Richard Resch | Criminal Legal News

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

Loaded on Nov. 16, 2017 by Richard Resch

Filed under: Searches, Mechanical Searches/Scanners. Location: South Dakota.

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

Loaded on Nov. 16, 2017 by Richard Resch

Filed under: Prosecutor/Attorney General Misconduct, Informants, Death Penalty/Death Row. Location: Texas.

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

Loaded on Nov. 16, 2017 by Richard Resch published in Criminal Legal News December, 2017, page 25

Filed under: Searches, Wrongful Conviction. Location: District of Columbia.

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

Loaded on Nov. 16, 2017 by Richard Resch published in Criminal Legal News December, 2017, page 16

Filed under: Habeas Corpus. Location: Pennsylvania.

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 ...