…after Melendez-Diaz. Again, these statutes provide a vehicle for obtaining a constitutional waiver of confrontation rights. But prosecutors have to open the gift to realize its benefits. As a refresher,…
…Court rules that the Second Amendment applies to the states, that will open the door to Second Amendment challenges to an array of state and local firearm regulations. An example…
…of Government seeking new faculty member to work with defenders. Finally, in case you didn’t see John Rubin’s post announcing his shift into half-time work and the resulting opening on…
…lawful after defendant’s impaired driving arrest because “[i]t was reasonable to believe that the car might contain one or more bottles of open liquor or drugs”) United States v. Martinez,…
…to apply the beyond-a-reasonable-doubt standard to her contempt conviction was likewise rejected. The trial court announced in open court its use of that standard but failed to check the appropriate…
…open cell phone and observed on the display screen an image of [the defendant] smoking what appeared to be a marijuana blunt . . . the officer kept the phone,…
…about the “open rebellion” among federal judges regarding the implementation of the Fair Sentencing Act of 2010. The Act reduces the disparity between crack and powder sentences, but does so…
…If an officer feels something through clothing and he suspects that the “something” is drugs, not a gun, he can’t pull out the something and open it to look for…
…prosecutors can make plea offers in open court at an administrative setting, as is apparently done in at least one North Carolina district. Or they can put the status of…
…to order a 14-day split without at least a 56-day suspended sentence, and 45 days is the maximum for Class 1, Level II offender. It is an open question whether…
