…determining insanity, mental health experts may form opinions about a defendant’s mental state. But courts do not afford any special deference to such opinions, as shown by the fact that…
…that he voted with the majority, as the normal practice apparently is for Justices dissenting from per curiam opinions to do so in signed opinions. As described above, that would…
…surrounding marijuana prosecutions and examines potential challenges defenders might raise. This post will also cover recent developments on the state, federal, and tribal levels impacting cannabis. Lay Opinions Identifying Marijuana….
…opinions and a common pitfall for the defense. Two recent cases from the court of appeals help illustrate this point. Preserve All Grounds for Dismissal for Insufficient Evidence. In State…
…proceed without counsel. Id. at 535 n. 4. Ensuing opinions from the state supreme court have reinforced the high bar for the misconduct required to constitute forfeiture and have extended…
…McNeely’s impact discussed opinions from state supreme courts in Arizona and Minnesota holding that, independent of the state’s implied consent law, the Fourth Amendment required an arrestee’s consent to be…
…notes in unusually blunt language that “[p]roposals for changing how judges are selected are common in the legislature, but they don’t go anywhere.” 3. A number of interesting court opinions…
…Rules of Appellate Procedure.) Lay Opinions Identifying Marijuana (and Other Drugs). We have so far seen a handful of decisions beginning to weigh the impact of hemp on marijuana prosecutions…
…impairing substance. See State v. Lindley, 286 N.C. 255 (1974). Though officers frequently base such opinions in part upon their training and experience regarding the physical manifestations of having consumed…
…the studies he relied upon. He acknowledged that variables could affect his opinions, but he had not considered some known variables. The supreme court found no abuse of discretion in…
