…have probable cause to search a vehicle occupant based on the marijuana odor. However, another theory mentioned by the court may ultimately support the admission of the illegally-seized evidence at…
…were dismissed before trial, and the child abuse allegations were apparently based on the theory that the defendant assaulted his wife in the presence of the child, causing mental injury….
…offense categories themselves. I’m doubtful that out-of-state convictions based on an aiding and abetting theory should be reportable here based on substantial similarity when our law says that aiding and…
…to the New York Times, Pizzagate is “an online conspiracy theory asserting, with no evidence, that the [Comet Ping Pong] restaurant is somehow tied to a child abuse ring.” The…
…with most other jurisdictions that have considered the issue. They generally reach the same conclusion on the theory that a lower standard of proof applies at the violation hearing, and…
…based on an aiding and abetting theory requires registration only if the sentencing court finds that registration furthers the purposes of the registry. Unlawful sale, surrender, or purchase of a…
…of quick dips, for which the law allows no right of court review—on the theory, I suppose, that the officer can only impose a quick dip if the offender waives…
I have been working on a theory of everything . . . for expunctions. It’s a small corner of the criminal justice universe, but a critical one for people with…
…class, it appears that the jury returning a verdict of second-degree murder will need to make findings regarding the theory or theories of malice at issue. This will require changes…
…before about the evolving case law applying the so-called mosaic theory of the Fourth Amendment to body cameras and stationary cameras. Similarly, a court might find that protracted aerial surveillance…
