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Tag Archives: Criminal Law

Criminal Law: Invalid Warrant-Good-Faith Exception-‘New’ Arguments

Where a defendant in a child-pornography case challenged the denial of his motion to suppress evidence, the judgment is affirmed because even though the warrant was invalid, the good-faith exception applied to the agents’ use of the warrant, and what ...

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Criminal Law: Drug Conspiracy-Drug-Courier Testimony-Willful Blindness

Where a defendant in a methamphetamine-conspiracy case challenged her convictions, arguing that she did not knowingly commit the crimes, a police officer’s expert testimony about drug trafficking did not constitute impermissible drug-courier testimony because the testimony was to establish that ...

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Criminal Law: Multi-Count Indictment-Dismissal of Count-Multiple Punishments

Where the state challenged a trial court’s dismissal of one of two counts in the state’s information in lieu of indictment against a criminal defendant, the defendant’s motion to dismiss the state’s interlocutory appeal for lack of jurisdiction is denied, ...

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Criminal Law: Sexual Assault-Post-Conviction Relief-Ineffective Assistance of Counsel

Defendant was convicted of the lesser-included charge of statutory rape. Defendant filed a motion for post-conviction relief, arguing that trial counsel was ineffective for failing to object and request a mistrial following testimony that freezing defendant’s urine changed the results ...

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Criminal Law: Sexual Assault-Motion to Set Aside Conviction-Ineffective Assistance of Counsel

Defendant unsuccessfully moved to set aside his conviction for forcible rape and sodomy of three of his adopted children, arguing that trial and appellate counsel were ineffective for failing to call defendant’s older daughter as a witness, failing to object ...

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Criminal Law: Revocation of Probation-Payment of Jail Costs-Indigent Defendant

Following her release from prison on a probation violation, defendant was placed back on probation and ordered to pay “any outstanding court costs, Crime Victims Compensation Fund, intervention fees and restitution balances.” Four years later, defendant moved to retax costs, ...

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