State v. Vandunk — Affirmed convictions after declining to review an unpreserved jury-sentencing claim
Case State of Missouri v. Demont M. Vandunk Court Missouri Court of Appeals, Western District Judge Edward R. Ardini, Jr.,
Uncategorized
Constitutional
Uncategorized
McGraw v. State — Two fog-line deviations justified impaired-driving stop
The Indiana Court of Appeals held that two fog-line deviations created reasonable suspicion of impaired driving under the Fourth Amendment and Indiana Constitution.
Uncategorized
State v. Melton — Alabama court reinstates drug evidence seized under warrant
The Alabama Court of Criminal Appeals held that multiple recent controlled buys supported a residential search warrant and that officers also acted in objective good faith.
Uncategorized
Sayger v. State — Court cuts 252-year child-molesting sentence to 80 years
The Indiana Court of Appeals affirmed a mother’s child-molesting and conspiracy convictions but revised her 252-year sentence to 80 years as an outlier under Appellate Rule 7(B).
Uncategorized
Medrano v. Acosta — Ninth Circuit Upholds Police Use of Force in Felony Arrest
The Ninth Circuit held that officers did not violate clearly established law by pointing firearms during a felony arrest and granted qualified immunity.
Uncategorized
United States v. Lytle — Ninth Circuit Limits Scope of Computer Monitoring on Supervised Release
Michael Scott Lytle appeals from the district court’s judgment revoking supervised release and challenges two special conditions of supervised release imposed upon revocation. The Ninth Circuit affirms the condition permitting electronic device searches supported by reasonable suspicion, but v
Uncategorized
Commonwealth v. Khadgi — Appeals Court counts defense testimony in harmless-error review
The Massachusetts Appeals Court held that harmless-error review of a confrontation claim includes the defendant’s testimony and the entire trial record.
Uncategorized
Commonwealth v. Hayes — Appeals Court upholds digital searches and sentence reduction
The Massachusetts Appeals Court upheld broad but evidence-focused device searches, a true-threat conviction, electronic-authentication instructions, and a later sentence reduction.
Uncategorized
People v. Sabater — Judges may calculate incarceration tolling after Erlinger
The First Department held that Erlinger does not require juries to calculate incarceration periods used in New York persistent-violent-felony sentencing.
Uncategorized
People v. Thayer — Secret law-clerk warning created actual defense conflict
The Third Department affirmed vacatur of a manslaughter conviction where local counsel kept secret a law clerk’s warning that the judge had prejudged the psychiatric defense.
Uncategorized
Smith v. State — affirmed because Blakely does not apply retroactively
Case Jerome Lamar Smith v. State of Florida Court Florida Third District Court of Appeal Judge Gordo; Bokor; Gooden Date
Uncategorized
People v. Benson — Court upheld firearm-possession conviction because the constitutional claim lacked a factual record
Case The People of the State of Illinois v. James Benson Court Illinois Supreme Court Judge Justice Overstreet Date Decided
Uncategorized
People v. Cortez — Juvenile Resentencing Statute Does Not Cover a 46-Year-to-Life Term
A California Court of Appeal held that a juvenile’s 46-year-eight-month-to-life sentence was not life without parole and did not qualify for Penal Code section 1170 resentencing.
Uncategorized
Haynes v. Williams — Federal habeas relief denied for California murder and carjacking convictions
The Northern District denied habeas relief from California murder and carjacking convictions, finding the evidence sufficient and the ineffective-assistance claim inadequately pleaded.
Uncategorized
State v. Bryant — OWI conviction affirmed because defendant conceded reasonable suspicion below
Case State of Iowa v. Anna Marie Bryant Court Iowa Court of Appeals Judge Greer, P.J.; Badding, J.; Sandy, J.
Uncategorized
United States v. Rivera — Cash conversion and drug-premises enhancement upheld at sentencing
The Ninth Circuit affirmed a methamphetamine and ammunition conviction, approving cash-to-drug conversion and a drug-premises sentencing enhancement.
Uncategorized
Cannon v. United States — Recovered funds remain reachable after an FBI agent stole seized cash
An amended Ninth Circuit opinion allows a Rule 41(g) claim where the government recovered funds traceable to cash stolen by an FBI agent after seizure.
Uncategorized
Commonwealth v. Williams — SJC vacates murder conviction over gunshot-residue evidence
The Massachusetts SJC ordered a new murder trial because prosecutors used particles from scientifically negative gunshot-residue tests as identification evidence without establishing that inference was reliable.
Uncategorized
People v. Cruz — Codefendant Trial Transcripts Did Not Violate Due Process at Resentencing
Using a codefendant’s trial transcripts at a Penal Code section 1172.6 hearing did not violate due process because the petitioner could present and test evidence.
Uncategorized
Commonwealth v. Beechman — Equally divided Appeals Court affirms firearm suppression
An equally divided Massachusetts Appeals Court affirmed suppression of a firearm found after police impounded and searched an unregistered SUV parked off the public way.
Uncategorized
Commonwealth v. Thomas — CyberTip report hearsay requires new trial on dissemination count
The Superior Court held that an electronic service provider’s CyberTip report was inadmissible hearsay and ordered a new trial on the only count that depended on the report.
Uncategorized
Wilson v. State — Delaware Supreme Court affirmed denial of postconviction relief
Case Brian Wilson a/k/a Fudayl Wakim v. State of Delaware Court Delaware Supreme Court Judge Traynor; LeGrow; Griffiths Date Decided
Uncategorized
Montes v. Superior Court — Prosecutors bear the burden to justify withholding jury-selection notes
A defendant may obtain prosecution jury-selection notes in postconviction discovery without first making a prima facie showing of racial bias.
Uncategorized
Commonwealth v. Serrano — Discarded gun bag in open truck bed was abandoned
The Superior Court reversed suppression of a firearm, holding that a suspect had no reasonable expectation of privacy in a stranger’s pickup truck and abandoned his bag by leaving it in the open bed and fleeing.