Entries from Harmfulerror tagged with 'search and seizure'

US Supreme Court grants cert. in 6 cases

Bond v. United States - Whether a criminal defendant convicted under a federal statute has standing to challenge her conviction on grounds that, as applied to her, the statute is beyond the federal government's enumerated powers and inconsistent with the...

This and That

"An Illegal Search, by GPS" - Editorial, New York TimesAll Eyes on Kagan As Court Opens Its Term, New York Times (The Court's first oral argument for the Term took place yesterday.  It is a Nevada bankruptcy case).Nevada lawyer Christopher...

Oral argument calendar: Jan. 13 & 14

January 13, 2010, Oral Arguments McKinney (Craig) v. Martinez (Rick),Docket No. 49172Carson City - 10:00 a.m. - Justices Cherry, Saitta, and Gibbons This is a dispute over an agreement for an employee to purchase a pickup truck from his...

US Supreme Court issues two per curiam decisions

The US Supreme Court has issued two recent per curiam decisions: one today and one last week. In Michigan v. Fisher, the Court finds that police officers acted reasonably in entering a home without a warrant based upon their belief...

Interesting unpublished decisions

In an unpublished Order of Reversal and Remand in Monroe v. State, the Nevada Supreme Court finds that a the district court erred in refusing to conduct an evidentiary hearing on a suppression motion.  The five page order includes a...

US Supreme Court issues 4 opinions, including search & Crawford decisions

Melendez-Diaz v. Massachusetts - a state forensic analyst's laboratory report prepared for use in a criminal prosecution is "testimonial" evidence and is therefore not admissible, per Crawford v. Washington, absent the opportunity to confront and cross-examine the person who prepared the...

Nevada Supreme Court issues 2 opinions

Ramet v. State - The State may not introduce evidence of a defendant's refusal to consent to a search of his home, and the prosecutor may not comment about the refusal to consent, but the evidence is harmless under the...

US Supreme Court issues 3 opinions

Abuelhawa v. United States - In a unanimous decision authored by Justice Souter, the Court holds that using a cellphone to make a drug purchase when the crime would be only a misdemeanor does not "facilitate" a felony distribution crime....

Nevada Supreme Court issues opinion

In Hannon v. State, the Court reverses a conviction, entered pursuant to a plea of nolo contendere, of one count of possession of a controlled substance.  The Court finds that an "emergency" search of a home was unlawful because there...

US Supreme Court issues favorable search & seizure opinion

In Arizona v. Gant, a 5-4 opinion authored by Justice Stevens, the Court holds that Arizona police officers violated a defendant's Fourth Amendment rights by searching his car for narcotics after he was arrested for driving on a suspended license. ...

US Supreme Court issues opinions

Apparently there's a lot of consensus at the United States Supreme Court lately, as today's five opinions are all unanimous as to the judgment and there's only one concurring opinion in the group. Van de Camp v. Goldstein - Prosecutors...

US Supreme Court grants cert. in 6 cases

On Friday the United States Supreme Court granted certiorari in six cases, three of which involve criminal law related issues: Bobby v. Bies:  Whether the holding of a state post-conviction hearing to determine the mental capacity of a capital defendant...

US Supreme Court issues opinions in 2 criminal cases

This morning the United States Supreme Court issued opinions in two criminal cases. In Oregon v. Ice, the Court issues a 5-4 decision in which it holds that there is no constitutional violation based upon a judge's imposition of consecutive...

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