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Man consented to search, motion to suppress denied
Where the totality of the circumstances demonstrated that the defendant consented to a search of his bag, including by maintaining a friendly and casual tone with the officer and lifting his bag from the floorboard, unzipping it and holding it out towards the officer on his own, he failed to show he was coerced into […]
Immigration and Nationality Act is constitutional
Where a man charged with illegal reentry in violation of the Immigration and Nationality Act argued the court should review the constitutionality of the statute under heightened scrutiny, but he failed to show the statute was motivated by a discriminatory purpose, rational basis was the proper standard of review. The statute passed muster under that […]
17 kilos of coke suppressed because of illegal search
Where the court could not credit the testimony of a Virginia state trooper that he searched a vehicle after seeing vacuum-sealer packaging material when he initially pulled the truck over, and the remaining reasons why the trooper searched the vehicle did not objectively amount to reasonable suspicion of criminal activity, the warrantless search was illegal […]
Statements made after asking for counsel are suppressed
Statements defendant made after asserting his right to an attorney must be suppressed “with the exception of an unprompted comment … [defendant] made when one of the detectives entered the interview room and before the detective began speaking.” Background Defendant Ruffin was arrested on a murder charge. Police advised him of his Miranda rights, which […]
Sufficient evidence to convict for firearm offense
Where appellant was convicted for possession of a firearm by a violent convicted felon, the trial court properly denied his motion to suppress. Traffic stop Kelly, appellant’s brother, drove his car into a gas station. Griffin was his passenger. Appellant pulled in alongside Kelly’s car. Detective Ring was checking license plates of cars leaving a […]
Trial court’s suppression of evidence reversed
Even though appellant, in responding to a police request for a voluntary polygraph exam, said, “Can I speak to a lawyer about that?,” this was “a question ‘about’ counsel, rather than a request for counsel.” As a result, the trial court incorrectly suppressed any statements appellant made after his question, as well as the results […]
Circumstantial evidence supports murder conviction
Where appellant was convicted of first-degree murder, there was sufficient circumstance evidence to exclude the possibility that he was not the murderer. Background Smith, the murder victim, had been shot “at least seven times.” A neighbor’s security camera “shows that a man wearing a gray hoodie exited a vehicle outside of Smith’s home at 6:38 […]
Felon constructively possessed firearm
Where there was a shotgun in a bedroom closet at appellant’s home, he was properly convicted of possession of a firearm by a convicted felon. There was sufficient evidence that he had constructive possession of the shotgun. Discussion “To prove constructive possession of a firearm, ‘the Commonwealth must present evidence of acts, statements, or conduct […]
Marijuana odor statute does not apply retroactively
A statute that bars searches basely only on the smell of marijuana and excludes evidence resulting from a search does not apply retroactively. Argument Appellant “Goodwin appeals the trial court’s denial of their pretrial motion to exclude evidence of disorderly conduct and obstruction of justice, occurring during a traffic stop based solely on the smell […]
Assault and battery is ‘crime of violence’
Where the defendant was found guilty of first-degree assault and battery under South Carolina law after he “engaged in an unjustified, merciless beating” of an unarmed, 72-year-old security guard that caused “permanent damage” to one of the victim’s eyes, that was a “crime of violence” under the federal sentencing guidelines. Background Less than a year […]
Treaty didn’t divest court of jurisdiction
Where the defendant was deported to Mexico to serve his sentence, pursuant to a treaty between the United States and Mexico, and when he then illegally reentered the United States after he was released by Mexican authorities, the district court had jurisdiction to consider whether he violated the terms of his supervised release. There was […]
Flight from cops didn’t support sentencing enhancement
Where the defendant received a sentencing enhancement for recklessly creating “a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer,” but there was no evidence showing he reached for the gun or that he acted in a way that could have caused a […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
