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Tag Archives: Criminal Law

Criminal Law: Drug Distribution-Suppression of Evidence-Probable Cause to Install Trackers

Following his indictment for conspiracy to distribute methamphetamine, defendant moved to suppress evidence obtained from tracking devices law enforcement placed on his car. The district court agreed with defendant’s contention that the government lacked probable cause to install the trackers ...

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Criminal Law: Drug Distribution-Consecutive Prison Terms-Substantive Reasonableness of Sentence

Defendant pleaded guilty to distributing methamphetamine and possessing a firearm. The district court sentenced defendant to consecutive prison terms resulting in an aggregate sentence of 270 months followed by five months of supervised release. On appeal, defendant challenged the substantive ...

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Criminal Law: Kidnapping-Sufficiency Of Evidence-Underlying Felony

Where a defendant challenged his convictions for kidnapping and armed criminal action, the judgment is affirmed because the evidence was sufficient to support the kidnapping charge, but the trial court erred by failing to instruct the jury that the defendant’s ...

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Criminal Law: Drug Distribution – Suppression of Evidence – Probable Cause to Install Trackers

Following his indictment for conspiracy to distribute methamphetamine, defendant moved to suppress evidence obtained from tracking devices law enforcement placed on his car. The district court agreed with defendant’s contention that the government lacked probable cause to install the trackers ...

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Criminal Law: Self-Defense Instruction-Initial Aggressor-Relevancy Objection

Where a defendant did not provide substantial evidence to support his claim that he was not the initial aggressor in an altercation or that he reasonably believed force was necessary to defend himself, the trial court did not err in ...

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Criminal Law: Domestic Assault-Apprehension Of Injury-Victim’s Testimony

Where a defendant challenged the sufficiency of evidence to support convictions for third-degree domestic assault and burglary, the judgment is affirmed because even though the victim testified that the defendant’s actions in threatening her and a male guest and shooting ...

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Criminal Law: Death-Penalty Case-Effectiveness Of Counsel-Mitigation Evidence

Where a defendant who was sentenced to death in a first-degree murder case argued that his counsel was ineffective for failing to call witnesses to testify about the defendant’s mental health at the penalty-phase retrial, the trial counsel presented strategic ...

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Criminal Law: Unlawful Drug User in Possession of Firearm-Violation of Supervised Release-Substantive Reasonableness of Sentence

Defendant pleaded guilty to being an unlawful drug user in possession of a firearm, received a below-guidelines sentence of 12 months and one day and was released on supervision. Immediately thereafter, defendant committed 14 violations of her supervised release. The ...

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