Tag Archives: Criminal Defense
Defense files motion dismissing evidence citing police coercion
When being falsely or wrongly accused of anything, most of us become upset and flustered. When an interrogation is being conducted by actual police officers, skilled at using coercive tactics to confuse and intimidate, many of us would likely fall victim and appear guilty. Two young men are currently behind bars awaiting trial for the … Read More
Drug charges upheld in case where drugs delivered via mail
Who doesn’t like getting packages in the mail? Imagine, however, that you receive and sign for a package, only to discover it contains illegal drugs. One man, who found himself in this situation, is now facing misdemeanor drug charges. Appealing a lower court’s decision, the man claims police who arrested him lacked probable cause to … Read More
Poor legal representation may result in death of innocent man
A now 33-year-old man is currently sitting on death row for a crime he and many others contend he did not commit. While in recent years the media has reported several cases with this similar scenario, in this specific case, the man’s criminal defense attorneys may be to blame. Charged with murdering a police deputy … Read More
Perry v. New Hampshire Summary (Criminal Trial Defenses)
In the case of PERRY v. NEW HAMPSHIRE, the U.S. Supreme Court on January 11, 2012 (Case #10-8974 https://www.supremecourt.gov/opinions/11pdf/10-8974.pdf), affirmed the Decision of the New Hampshire State Supreme Court, holding eyewitness identification that was not procured by unnecessarily suggestive circumstances by law enforcement is not a violation of Due Process and, therefore, cannot be held … Read More
Smith v. Cain Summary (Murder Homicide; Armed Robbery; Criminal Defenses)
In the case of SMITH v. CAIN, the U.S. Supreme Court on January 10, 2012 (Case #10-8145), https://www.supremecourt.gov/opinions/11pdf/10-8145.pdf reversed the Decision of the Louisiana State Trial Court, which erroneously convicted the defendant of first-degree murder based upon the testimony of a single witness. At trial, the only witness to link the defendant to the crime … Read More
Barnes v. State of Indiana Summary (Criminal Defenses Unlawful Police Entry)
“In the case of BARNES vs. STATE OF INDIANA, the Indiana Supreme Court on May 12, 2011, held there is no right to unreasonably resist an unlawful entry by law enforcement officers. The Court argued public policy favors rejecting the fundamental and three hundred years of precedent English common-law right to be safe and secure … Read More
People v. Jones Summary (Drug Trafficking; Conspiracy; Search & Seizure Defense)
In a nine to zero opinion entitled UNITED STATES v. JONES, No. 10-1259, the U.S. Supreme Court, on January 23, 2012, https://www.supremecourt.gov/opinions/11pdf/10-1259.pdf affirmed the U.S. Court of Appeals decision that reversed the U.S. District Court criminal conviction of drug trafficking and conspiracy charges. The Supreme Court confirmed the police conducted a search or seizure within … Read More
J.D.B. v. North Carolina Summary (Juvenile Crimes; Criminal Defenses Miranda Warning)
On June 16, 2011, the U.S. Supreme Court in the landmark case of J.D.B. v. North Carolina, Case # 09-111121, https://www.supremecourt.gov/opinions/10pdf/09-11121.pdf held police must consider age and school setting when questioning a child and, therefore, whether they are required to give a Miranda warning. This case involved a thirteen year old seventh grade special education … Read More