The Fourth Department affirms a judgment dismissing an Article 78 petition challenging parole revocation, rejecting the petitioner’s procedural objections to the Board’s determination.
The Fourth Department dismisses an Article 78 challenge to a Parole Board denial as moot where the petitioner subsequently reappeared before the Board.
The Fourth Department affirms County Court’s acceptance of a grand jury report under CPL 190.85 recommending the removal of a City Court Judge for misconduct in office, rejecting challenges to the grand jury proceedings.
The Georgia Court of Appeals affirmed drug and firearm convictions, holding that a free-air dog sniff conducted while a traffic citation was still being prepared did not unlawfully prolong the stop under the Fourth Amendment.
The Georgia Court of Appeals affirmed the trial court’s denial of a defendant’s motion to withdraw his guilty pleas, finding that plea counsel adequately informed him of recidivist sentencing consequences and parole ineligibility.
The Georgia Court of Appeals dismissed Quentin Hill’s appeal from the denial of his motion for leave to file an out-of-time motion for new trial, holding it lacked jurisdiction because Hill had already had a direct appeal and did not qualify for relief under the newly enacted OCGA § 5-6-39.1.
The Georgia Court of Appeals affirmed Joshua Rymer’s convictions for aggravated assault and criminal trespass, holding that his claimed belief that he was being pursued did not justify forcibly entering a home with a knife and did not warrant jury charges on mistake of fact or coercion.
The Georgia Court of Appeals affirmed the transfer of a juvenile murder case to juvenile court, holding that the State’s ex parte 90-day extension of the 180-day indictment deadline under OCGA section 17-7-50.1(a) was invalid because the State failed to provide notice, hold a hearing, or demonstrate good cause as the statute requires.
The Georgia Court of Appeals affirmed armed robbery convictions, holding that a witness’s text messages to law enforcement were admissible as identification statements, booking photos showing tattoos were properly admitted to prove identity, and trial counsel was not ineffective.
The Georgia Court of Appeals affirmed Carl Morey’s conviction for theft by taking from his general contractor, rejecting multiple ineffective-assistance-of-counsel claims and finding that limited victim-impact testimony during the guilt phase was harmless error.
The Georgia Court of Appeals affirmed the denial of a motion to suppress, holding that exigent circumstances justified the warrantless seizure of a computer suspected of containing child sexual exploitation material where the defendant repeatedly entered and exited his room under the guise of searching for a hard drive.
The Court of Appeals vacated a portion of a criminal sentence that directed probation conditions to ‘be considered as conditions of parole,’ holding the language improperly invaded the executive branch’s exclusive parole authority.
The Fourth Department dismissed a district attorney’s Article 78 petition seeking to overturn a court order barring re-presentment to a grand jury and denying unsealing under CPL 160.50(1), holding that unsealing applications are civil in nature and cannot be challenged via Article 78.
Delaware Superior Court denies a motion to suppress in a drug case, holding that a Franks challenge to an arrest-warrant affidavit is moot when the defendant was arrested without a warrant before the affidavit was filed.
Delaware Superior Court orders the State to hand over Intoxilyzer 9000 training slides to a DUI defendant, rejecting the State’s argument that a manufacturer’s copyrights shield the only existing written operating procedures from criminal discovery.
Delaware Superior Court denies a motion to suppress in a DUI case, finding that a driver’s escalating evasive behavior, refusal of sobriety tests, and other indicators gave officers probable cause to arrest and obtain a blood-draw warrant.
The Ninth Circuit denies qualified immunity to two former SFPD inspectors accused of fabricating evidence that led to Joaquin Ciria’s 32-year wrongful imprisonment, holding that the right not to be charged based on deliberately fabricated evidence was clearly established by 1990.
In a companion to the published Ciria v. Gerrans opinion, the Ninth Circuit grants qualified immunity on the wrongfully imprisoned man’s son’s familial association claim, finding the specific right was not clearly established in 1990 — even though the father’s own fabrication-of-ev
Ninth Circuit affirms firearms convictions, holding that silencers are optional accessories outside the Second Amendment’s plain text and that the NFA’s registration requirements are a constitutional shall-issue licensing regime.
Ninth Circuit revives a Section 1983 deliberate fabrication claim against a Garden Grove detective whose police report significantly mischaracterized recorded witness statements on a critical issue in the case.
The Ninth Circuit, sitting en banc, reverses a district court that ended a $1.1 million civil forfeiture case as a discovery sanction, holding that the claimant established standing and gave the government enough information to investigate his ownership claim.
The Ninth Circuit reverses the denial of qualified immunity for a Gardena jail officer whose detainee committed suicide, finding that inconsistent information about the detainee’s suicide risk did not put the officer on clear constitutional notice—over a vigorous dissent.
The California Supreme Court affirms a double gang-murder defendant’s convictions but reverses his 1994 death sentence under the retroactive California Racial Justice Act of 2020, requiring a new penalty-phase trial in a case that has been on automatic appeal for over three decades.
The California Supreme Court unanimously affirmed the death sentence of a Los Angeles father convicted of the torture-murders of two young children, holding that months of deliberate beatings, starvation, and medical neglect provided sufficient evidence of premeditated torturous intent, and that con