…The court of appeals disagreed. The State’s theory of criminal culpability was that Shackelford’s posts amounted to a course of conduct prohibited by the stalking statute. A course of conduct…
…the give-and-take of plea negotiations, so at least in theory, the defendant should be getting something in return for the additional waiver of rights. The Washington Post published an article…
…that “[u]nder the judicial integrity theory, our constitution demands the exclusion of illegally seized evidence. The courts cannot condone or participate in the protection of those who violate the constitutional…
…the lying in wait theory. Turning to (2), the court explained that under Rule of Evidence 403, photos of a body and its location when found are competent evidence, but…
…challenges to similar statutes in other jurisdictions have generally been rejected. Courts uphold DNA collection from convicted defendants either on a “special needs” rationale or on a Terry-esque theory that…
…Pena-Rodriguez and collecting cases). So, a working theory: when a defendant asserts a Fourth Amendment right, racial bias generally doesn’t matter, but when asserting a Sixth Amendment right, it might?…
…as a principal to a crime under a theory of liability (acting in concert, aiding and abetting, or accessory before the fact); what procedures apply when charges are initiated by…
…theory of the Fourth Amendment (see also the GPS case, United States v. Jones, 132 S. Ct. 945 (2012)), that the use of a drug sniffing dog on the porch…
…high. According to the report, the cause of the increase across cities is difficult to pinpoint but one theory regarding Baltimore is that the surge is attributable to “a flood…
…the General Assembly for money to hire new personnel. Of course, at least in theory, the JRA is supposed to pay for itself and then some by reducing prison expenditures….
