U.S. Sentencing Guidelines: Fleeing From Police May Be A Violent Felony Under The Armed Career Criminal Act Published September 17, 2014
Conscious Avoidance Instruction To The Jury: The Trial Court May Instruct A Jury That Defendant Consciously Avoided Knowledge Of Criminal Activity Where The Evidence Demonstrates That There Was Actual Knowledge Published September 15, 2014
Sixth Amendment Confrontation Rights Not Violated Where Defendant Procures Witness’s Absence At Trial Published September 12, 2014
U.S.S.G § 3582 (C)(2) Sentence Reduction: The District Court May Hold An Evidentiary Hearing To Determine Whether A Sentence Should Be Reduced Published September 11, 2014
Identity Theft: Fake IDs Used To Access Bank Accounts And Financial Information Published September 10, 2014
Vehicle And Traffic Stops: During A Lawful Traffic Stop, Police Must Have Founded Suspicion That Criminal Activity Is Afoot In Order To Question Occupant About Weapon Possession Published September 8, 2014
Waiving Miranda Rights: Invoking One’s Right To Remain Silent, Then Re-Initiating Communication With Police Constitutes Waiver Published September 5, 2014
Adverse Inference Charge Required Where Defendant Made Timely Request For Material Evidence Lost Or Destroyed By Prosecution Published September 4, 2014
Rape Shield Law: Court Did Not Abuse Its Discretion When It Precluded Defendant From Cross-Examining A Victim’s Past Sexual Conduct, Inappropriate Attire Or Provocative Pictures On Myspace During a Prosecution For A Sex Offense Published September 3, 2014
Warrantless Searches: There Must Be Exigent Circumstances To Justify A Forced Warrantless Entry Into A Home Published September 2, 2014
Sixth Amendment Confrontation Clause: Limiting Cross-Examination Of Accomplice Witness Violates Confrontation Clause Published August 29, 2014
Knowing And Voluntary Plea: When A Defendant’s Plea Casts Doubt Upon Guilt, A Sentencing Court Must inquire Further Published August 28, 2014
Mens Rea: The Intent To Violate An Order Of Protection May Constitute The Mens Rea Element Of Burglary Published August 27, 2014
Wade And The Photo Array Identification: Defining Suggestiveness And The Presence Of A Third Party During The Photo Array Process Published August 26, 2014
Juror Facebook Posts During Trial And Deliberations: Juror Bias And The McDonough Test Published August 23, 2014