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
Reasonable Suspicion: Police Must Possess A Sufficient Level Of Knowledge With Specific And Articulable Facts In Order To Conduct A Stop And Frisk Published August 21, 2014
Brady Material: Prosecution Does Not Have An Affirmative Duty To Obtain Exculpatory Evidence Published August 20, 2014
Twitter And Tweets: You Do Not Have A Proprietary Interest In The Material You Post To A Social Media Website Published August 19, 2014
Chemical Test Refusal: Police Must Warn In Clear and Unequivocal Language That Insistence On Waiting For Lawyer Constitutes A Refusal Published August 15, 2014
Knowing And Voluntary Plea: Judge’s Unfulfilled Promise Induced Defendant To Plead Guilty Rendering Guilty Plea Unknowing And Involuntary Published August 14, 2014
Expert Testimony: Court Of Appeals Expands The Scope Of Child Sex Abuse Expert’s Testimony To Include Sexual Predator’s Behavior Published August 13, 2014
Insurance Fraud: Court Of Appeals Limits Scope Of Activity Covered By The Term “Fraudulent Insurance Act” Published August 12, 2014
Defendant’s Fitness For Trial: Court Of Appeals Held That It Is Within The Sound Discretion Of The Trial Court To Determine Whether Defendant Is Fit For Trial Published August 11, 2014