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Tag Archives: Criminal

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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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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