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Criminal Law

In-court ID not tainted by suppressed at-scene ID (access required)

Even though the court has suppressed a victim’s identification of defendant at the crime scene, the victim’s subsequent in-court identification had an independent basis and is admissible. Further, there was probable cause to arrest defendant even without the show-up identification. ...

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Unlawful entry prompts reversal of marijuana conviction (access required)

After sniffing around doors and windows, officers concluded the strong odor of marijuana was coming from the defendant’s trailer. Though they obtained a warrant, the police had unlawfully entered the defendant’s property, leading to the overturning of his conviction. However, ...

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Defendant’s prior conviction on similar offense was admissible (access required)

Prior convictions involving the defendant’s exposing himself to the significantly younger minor child of a female acquaintance while using a vehicle to facilitate the offense was admissible as proof of his propensity to commit the crime charged. Background On July ...

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Diagnosis not required for sexually dangerous person designation (access required)

Defendant was properly designated as a sexually dangerous person despite not being diagnosed with a paraphilic disorder because his diagnosis of a mixed personality disorder and an alcohol use disorder satisfied the statute’s mental illness requirement and the government sufficiently ...

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Annual insanity review statute constitutional (access required)

The statute providing for annual review of a defendant’s involuntary confinement after being found not guilty by reason of insanity satisfies due process under Foucha v. Louisiana, 504 U.S. 71 (1992). The statute requires both a showing of mental illness ...

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