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Court of Appeals, Eastern District

Criminal Law: Refusal of Breathalyzer- Revocation of Driving Privileges- Probable Cause for Arrest

Defendant appealed the judgment upholding the revocation of defendant’s driving privileges following his refusal of a breathalyzer. After police received reports of an abandoned crashed vehicle, they detained defendant, who matched the description of the driver and who displayed signs ...

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Criminal Law: Post-Conviction Relief- Untimely Amended Motion- Abandonment by Counsel

Defendant appealed from the denial of his amended motion for post-conviction relief, following his guilty plea to second-degree murder. Counsel filed appearance after defendant filed a pro se motion for relief; however, counsel failed to timely file an amended motion ...

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Criminal Law: Post-Conviction Relief- Ineffective Assistance of Counsel- Motion to Suppress Evidence

Defendant appealed the denial of her motion for post-conviction relief, which alleged her trial counsel was ineffective for failing to file a suppression motion for evidence seized incident to her arrest. On appeal, defendant argued that the motion court erred ...

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