jessica’s law unconstitutional

2 Mar

Residency restrictions are unconstitutional, but the parole people can impose restrictions based on their discretion.  Interesting.

probation requirement of waiver of fifth amendment unconstitutional

27 Feb

Great case today.  Now there are two cases holding this probation requirement violates the Fifth Amendment and one holding in does not.  That latter case nonetheless states that any statement given pursuant to the waiver cannot be used against the defendant.  Waiting on the supremes to take up the issue.

McNeely doesn’t apply to consensual blood test

19 Feb

Here.

Nice reversal on instruction issue

18 Feb

You are entitled to a reasonable but mistaken belief of consent instruction to a charge of sexual battery. Lovely. Reversed.

Miranda violation

11 Feb

Court finds that police violated the minor’s fifth amendment rights by continuing to question him after he said “Can I have an attorney? But that wasn’t me.”  Lovely.

firearm in backpack is on one’s “person”

10 Feb

Disagreeing with another case that said a knife in a backpack is not on one’s person, this new case today says a firearm carried in a backpack by the defendant is on his person for purposes of the statute.

Cannot have multiple convictions for multiple threats in one incident

9 Feb

Defendant threatened the victim two times saying he would kill her first before she called police and then shortly thereafter.  The Court said he could not be convicted of two separate counts for this conduct because it was only one incident.  Lovely.

Batson/Wheeler reversal

9 Feb

Prosecutor failed to state a gender neutral reason for kicking two jurors where her only explanation was that she liked the next jurors in line, without stating a reason for why she liked them.  Interesting because at one point she approved a panel with four men, but the court said that they had to look at the individual jurors she kicked irrespective of the entire panel.  Reversed.

Hofsheier overruled

29 Jan

By the Supremes. What tha what?!??!

Reversal where D voluntarily absented himself from trial

28 Jan

 

D went proper then did not show up for trial.  The trial proceeded without D and without a lawyer for him.  This, according to the sixth district, violated his constitutionally rights because he did not know that the trial would proceed without him.  This analysis also depended on the fact that he had no attorney, and the court suggested that the trial court should have appointed standby counsel.  The case is independently reversed on the ground that the court erred in denying the defendant’s request for a one day continuance.  Interesting.