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Criminal Law

Suspicionless stop of defendant not excused by exigent circumstances (access required)

A majority of the en banc court refused to allow the suspicionless stop of the defendant following a report of “shots fired.” The stop was not justified by exigent circumstances and thus was not reasonable under the Fourth Amendment. Background ...

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Sentencing court fails to address non-frivolous arguments (access required)

Where the sentencing court failed to address the defendants’ non-frivolous arguments against a life sentence, including his age and sentencing disparities with his co-conspirators, resentencing is required. Background A jury convicted appellant Lemont Jerrone Webb of multiple criminal offenses related ...

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Protective order return of service not testimonial (access required)

Where appellant purchased a firearm while subject to a protective order, the return of service of the order was not testimonial and therefore not subject to the Sixth Amendment’s Confrontation Clause. As a result, appellant cannot challenge his misdemeanor conviction ...

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Failure to obtain ruling waived search challenge (access required)

Where appellant objected to the admission of evidence on Fourth Amendment grounds but never obtained a ruling from the trial court, he has not preserved the issue for appeal. Prior procedure As appellant was leaving a friend’s house, two police ...

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Reimposed sentences served consecutively (access required)

Appellant’s reimposed sentences will be served consecutively because the original sentencing order is best understood as providing for concurrent service of the active sentences and consecutive terms for the suspended sentences. Overview In August 2016, appellant was convicted of grand ...

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