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Criminal Law

Defendant committed assault when he grabbed co-worker (access required)

Where a defendant acknowledged touching his co-worker’s shoulders during a dispute, and the co-worker and other witnesses testified that the contact was intended to prevent the co-worker from leaving the room, the defendant’s self-serving testimony that the contact was minimal ...

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Government could make second search of cellphone (access required)

Although evidence obtained during a military search of the defendant’s cellphone was inadmissible because it violated the Military Rules of Evidence, the good-faith exception to the exclusionary rule and “fruit of the poisonous tree” doctrine nonetheless allowed the government to ...

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Evidentiary hearing required for actual innocence claim (access required)

Where defendant petitioned for a writ of actual innocence based on nonbiological evidence, the Court of Appeals abused its discretion by dismissing the petition without ordering an evidentiary hearing. The appeals court concluded defendant did not prove the truth of ...

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Continuance properly denied after counsel was retained (access required)

Defendant was not entitled to a continuance under a statute that provides the court “shall” grant a reasonable continuance when a defendant represented by a court-appointed attorney becomes financially able to retain private counsel. The statute does not confer a ...

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New sentencing ordered on money-laundering convictions (access required)

Where a defendant was denied the effective assistance of counsel because his counsel failed to allege that his money laundering convictions presented a merger problem on appeal, the appropriate remedy was to vacate the defendant’s convictions for money laundering and ...

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Prolonged seizure of cellphone rendered it inadmissible (access required)

Evidence from defendant’s cellphone should have been suppressed at trial because the police did not have a reasonable justification for their delay in obtaining a search warrant, but hearsay testimony was properly admitted because the defendant actively caused the declarant ...

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