by Sam Rutherford
The Court of Criminal Appeals of Texas, that state’s highest court of review in criminal cases, held that a trial court erred in admitting rap videos and other social media posts against a defendant on trial for murder. The Court determined that any probative value of the ...
by Sam Rutherford
The Court of Appeals of Washington, Division One, held that under the Washington Constitution, warrantless searches of parolees or probationers must have a nexus between the suspected violation of a probation condition and the place searched. Additionally, this nexus may not be expanded based on consideration of ...
by Sam Rutherford
The U.S. Court of Appeals for the First Circuit held that the Government violated the terms of its plea agreement with a defendant where it failed to explain at sentencing why it agreed to recommend a downward variant sentence of probation and instead passively stated it was ...
by Sam Rutherford
The Supreme Court of the United States held that a Fourth Amendment malicious-prosecution lawsuit may proceed where one or more of several charges brought against the plaintiff was supported by probable cause so long as at least one charge was not.
Background
Jascha Chiaverini, a jewelry store ...
by Sam Rutherford
The U.S. Court of Appeals for the First Circuit overturned a sentence imposed by the U.S. District Court for the District of Puerto Rico, holding that the District Court’s one-sentence explanation for a sentence nearly 10 years above the recommended sentencing Guidelines range was insufficient to justify ...
by Sam Rutherford
In a short, per curiam opinion, the Supreme Court of the United States clarified the scope of the exception set out in Nieves v. Bartlett, 587 U.S. 391 (2019), to the requirement that First Amendment retaliatory-arrest claims may only proceed if the plaintiff establishes a lack of ...
by Sam Rutherford
The Supreme Court of the United States held that a jury must determine beyond a reasonable doubt whether a defendant’s prior violent felony or serious drug offenses were committed on separate occasions, thus qualifying the defendant for an enhanced sentence under the Armed Career Criminal Act (“ACCA”). ...
by Sam Rutherford
“The body of America’s Fourth Amendment jurisprudence reflects the effort to strike a balance between the state’s obligation to responsibly and legitimately meet the critical needs of public safety with the nation’s founding and enduring commitment to protect the individual liberty ensured to all its people.”
These ...
by Sam Rutherford
The Supreme Court of South Carolina held that a defendant’s confession was involuntary in violation of due process where the interrogating officer provided Miranda warnings but then assured the defendant that his statements would be confidential. This error, moreover, was not harmless because the defendant’s confession ...
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit held that police may ask whether a person stopped for a traffic infraction is on parole without violating the Fourth Amendment’s prohibition against unreasonable searches and seizures.
Background
Victor Ramirez was stopped for speeding in a residential ...
