…of himself as conducting a search incident to arrest doesn’t preclude the possibility that the search was justified on a different theory. Even if no theory justified the search, in…
…kits when the victim knows the suspect and the suspect has admitted to sexual contact, on the theory that the identity of the assailant will not be at issue in…
…who served in the Air Force for 14 years, was actively involved in the online conspiracy theory QAnon. As the Atlantic recently explained, QAnon theorists believe, based on cryptic anonymous…
…a heart attack, and dies. That’s first-degree murder under the theory of premeditation and deliberation. North Carolina law also provides that a killing “committed in the perpetration or attempted perpetration…
…traits are hardwired, is that a mitigating factor on the theory that the defendant is less responsible for his crimes? Or an aggravating factor, on the theory that the defendant…
…of facing a felony charge was an integral part of the misdemeanor plea discussion. So in theory, it should be possible for the state to rebut the presumption by showing…
…containing deep lung alcohol concentration to his or her mouth. The article is new, but Hlastala developed the theory years ago. Both Arizona and Vermont have rejected challenges based on…
…(3) and did not err by denying the defendant’s motion to compel the State to disclose the theory on which it sought to convict him of first-degree murder. (1) The…
…(2004). Testimonial forensic reports are subject to this general rule. Melendez-Diaz v. Massachusetts, 557 U.S. 305, 307 (2009). Arizona (like North Carolina) has permitted substitute analyst testimony under the theory…
…must conduct a sentencing hearing. If the defendant was convicted solely under the theory of felony murder, he must be sentenced to life with the possibility of parole after 25…
