…that point was not the subject of the arrest warrant, officers searched the car based on consent and found marijuana; a majority of the appellate court found that the defendant…
…entitled to absolute immunity”). However, there is Fourth Circuit precedent to the contrary, on the theory that a prosecutor’s “instruction to [an officer] to file charges . . . is…
…Generally, a warrant is required to enter a home without the consent of the occupants. Yet “a warrant is not required to break down a door to enter a burning…
…their client had said. And, of course, Rule 1.6 does provide that “[a] lawyer shall not reveal information acquired during the professional relationship with a client” unless the client consents…
…government was willing to admit a Brady violation and consented to a new trial, but backpedaled when the trial court expressed skepticism about whether the information rose to the level…
…collaborative, problem-solving approach to each defendant’s case. Defendants consent to a system of graduated sanctions in response to certain types of noncompliance and rewards for achieving certain milestones. Programmatically, the…
…product protections as to information needed to respond to the claim, a defendant and his prior attorney may disagree about the scope of the implied waiver. Therefore, the ABA reasons,…
…more specifically referenced the district attorney in particular, using phrases such as “death to her as well” or calling for “old time mtn [mountain] justice,” and implied his willingness to…
…was given and that it was understood by the accused, an accused’s uncoerced statement establishes an implied waiver.” Nor does a suspect’s waiver of his Miranda rights need to precede…
…act has occurred, and where the degree of coordination associated with those unlawful acts renders an inference of ‘mutual, implied understanding’ between participants far more reasonable. Id. 13-14 (citations omitted)….