…these cases ultimately rely on the statement in United States v. Harris, 403 U.S. 573 (1971), that “[a]dmissions of crime, like admissions against proprietary interests, carry their own indicia of…
…it a citation or a magistrate’s order? The court of appeals in Turner repeatedly refers to the charging document as a citation. Yet the opening paragraph of the court’s opinion…
…accept the proposition that cell phone users volunteer to convey their location information simply by choosing to activate and use their cell phones and to carry the devices on their…
…my mostly comfortable time in the Air Force clearly should not carry the same weight as Mr. Porter’s wartime sacrifice. Judges inevitably do some line drawing about what credit a…
…and is therefore subject to the “competency limitation” described in Edwards. The trial court must make findings of fact to support its determination that the defendant is “unable to carry…
…(November 6, 2012) (unpublished) (defendant stopped based on DMV insurance stop and arrested for carrying a concealed weapon and felony drug crime); State v. Osterhoudt, ___ N.C. App. ___; 731…
…for the new offense is likely to start the day it is imposed. The ensuing PRS revocation will necessarily run concurrently with the new sentence; the Parole Commission will carry…
…Court recently agreed to hear a challenge to Hawaii’s criminal prohibition on carrying concealed handguns on private property without express authorization by the property owner. The Ninth Circuit previously upheld…
…My understanding is that the credit will only carry forward, not backward. Therefore, a good rule of thumb is to be sure that shared jail credit gets applied to the…
…a firearm cannot possess or carry one until they are approved—a process that can take thirty days. And the law’s waiting period could well be the critical time in which…