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Search Results for: open carry

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Sufficiency vs. Admissibility: Drug I.D. after State v. Osborne

September 17, 2019 Phil Dixon

…in identifying the substance at issue as a controlled one, that evidence may well suffice to survive a motion to dismiss. But, there are still some open questions about how…

Categories Crimes and Elements, Evidence Tags admissions, chemical analysis, drug ID, drug identification, insufficiency of the evidence, Rule 702, state v. osborne, State v. Ward Leave a comment
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Got Probable Cause for Impaired Driving?

June 13, 2018 Shea Denning

…to consider whether the evidence gathered following Parisi’s arrest on impaired driving charges was admissible. Parisi was stopped at a checkpoint. The officer saw “an open box of alcoholic beverage[]”…

Categories Crimes and Elements, Motor Vehicles Tags driving while impaired, DWI, field sobriety tests, HGN, impaired driving, probable cause, retrograde extrapolation, state v. clapp, state v. parisi 8 Comments

Private Property Can Be a “Public Place” under the Indecent Exposure Statute

December 3, 2015December 3, 2015 Jeff Welty

…appeals disagreed, ruling that a public place is any place “viewable from any location open to the view of the public at large.” Applying that principle to the facts of…

Categories Crimes and Elements Tags court of appeals, indecent exposure, private property, public place, pugh 2 Comments
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Book Review: The Devil at His Elbow

October 2, 2025November 13, 2024 Shea Denning

…the state. Id. at 97. That environment discouraged businesses from opening in the community and inhibited doctors from opening medical practices, which in turn deprived people of jobs and made…

Categories Uncategorized Tags Alex Murdaugh, The Devil at His Elbow, Valerie Bauerlien
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Rule 404 and Evidence of Prior Incarceration

February 21, 2017 Phil Dixon

…reveal his incarceration crossed the line into improper propensity evidence. Having found that Hodges did not open the door, the court concluded that this evidence was offered to show only…

Categories Evidence Tags 404(a), 404(b), character evidence, incarceration 1 Comment

News Roundup

August 21, 2009 Jeff Welty

…is here and here. Although some prosecution-leaning folks worry, and some defense-leaning folks hope, that this signals the opening of a whole new avenue of review for capital defendants, I…

Categories Uncategorized Tags habeas, news roundup, sex offenders 1 Comment
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What happens when the original judge is no longer available?

February 20, 2025 Shea Denning

…December 2024, just before her term expired at the end of the year. Judge A announced her ruling in open court and directed the prevailing party to prepare an order…

Categories Judicial Authority and Administration Tags substitute judge; 15A-1224; inherent authority; illness
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Case Summaries: Fourth Circuit Court of Appeals (May 2025)

June 17, 2025 Phil Dixon

…did not raise an as-applied challenge in his opening brief. Nutter’s fleeting and generalized reference to it in his supplemental opening brief was both untimely and insufficient.” Nutter Slip op….

Categories Case Summaries Tags 4th Cir., case summaries, Fourth Circuit Court of Appeals, May 2025
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Two-Way Remote Testimony: Will It Pass Muster? (Part II)

October 12, 2017February 9, 2011 Jessica Smith

…presentation in open court of testimony from a witness who is at a different location if: (1) the requesting party establishes exceptional circumstances for such transmission; (2) appropriate safeguards for…

Categories Procedure, Uncategorized Tags confrontation clause, crawford, remote testimony 1 Comment
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Who’s Driving?

May 23, 2011October 18, 2010 Shea Denning

…and field to where the overturned car was. The officer could not open the car doors. Testimony from a witness for the defendant that the witness was driving the car…

Categories Crimes and Elements, Motor Vehicles, Uncategorized Tags autonomous cars, driving, Google, motor vehicles, self-driving cars 3 Comments
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Authors

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Phil Dixon (193)
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Belal Elrahal (29)
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Hannah Turner (11)
Ian Mance (3)
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Jamie Markham (554)
John Rubin (96)
Kirsten Leloudis (1)
Kristi Nickodem (4)
LaToya Powell (7)
Caitlin Little (1)
Maggie Bailey (3)
Chris McLaughlin (1)
Melanie Crenshaw (2)
Meredith Smith (5)
M. Jeanette Pitts (2)
Alex Phipps (86)
Sara DePasquale (9)
Shea Denning (633)
Jessica Smith (252)
SOG Staff (77)
Daniel Spiegel (39)
Timothy Heinle (1)
Timothy Heinle (6)
Tom Thornburg (6)
Jeffrey Welty (1197)
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