News
[11/19]
'That's my cat!' says man with bat
[11/18]
Ky. inmate who escaped jail returns on own
[11/11]
Mass. bank robber allegedly caught 'red handed'
[11/10]
Cops have tough time finding sober driver for boy
[11/06]
Alleged drunk driver thinks he's driving his car
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Articles
Understanding Search and Seizure Law
The Fourth Amendment to the U.S. Constitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons). These limits are the bedrock of search and seizure law. This article covers the basic issues that you should know, beginning with an overview of the Fourth Amendment itself.
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How drunk or high does someone have to be before he can be convicted of driving under the influence?
In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people reach this level well before they'd be considered "drunk" or "stoned."
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Case Summaries
[11/19]
Johnson v. Tennis
In a case involving the joint bench trial of two alleged conspirators in a murder, in which the judge considered a confession by one defendant implicating the other, denial of petition for habeas relief is affirmed where: 1) the Bruton rule is inapplicable to the incriminating confession of a non-testifying codefendant in a joint bench trial; 2) defendant's constitutional rights were therefore not violated; and 3) defendant's counsel was not ineffective.
[11/19]
US v. Morena
Conviction and sentence for being a felon in possession of a firearm and possessing an unregistered firearm are reversed, and a new trial ordered, where the prosecutor's repeated introduction of testimony concerning defendant's involvement in the sale of illegal drugs was prejudicial to defendant and constituted prosecutorial misconduct, and the limiting instructions issued by the trial court were insufficient to cure the prejudice.
[11/19]
US v. Brown
Sentence of 144 months for possession of crack and powder cocaine with intent to distribute, possession of a firearm in furtherance of a drug crime, and possession of a firearm after a felony conviction is affirmed and remanded where: 1) the district court properly exercised its discretion to impose a sentence without a presentence report under Federal Rule of Criminal Procedure 32(c)(1)(A)(ii) and U.S.S.G. section 6A1.1(a)(2); however 2) the case is remanded for reconsideration of defendant's sentence in light of the 2007 Amendments to the Sentencing Guidelines, which apply retroactively to defendant's case.
[11/19]
Thompkins v. Berghuis
In a conviction for first-degree murder, assault with intent to commit murder, and several firearms-related charges, denial of writ of habeas corpus is affirmed in part, reversed in part, and remanded where: 1) petitioner did not waive his Fifth Amendment rights when he sat in silence for nearly three hours in response to questioning and repeated invitations to tell his side of the story; 2) the state court unreasonably applied clearly established federal law, namely Miranda v. Arizona and North Carolina v. Butler; and 3) petitioner's claim of prosecutorial misconduct lacked merit because although an error occurred, the parties responsible for that error were petitioner's attorney and the trial judge, not the prosecutor.
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