The Tennessee Court of Criminal Appeals has affirmed a trial court’s decision to fully revoke Rex A. Moore’s suspended sentence, concluding that the defendant’s repeated failures to comply with probation, culminating in a new felony assault, justified sending him to confinement. The appellate court found that the trial judge did…
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After Nearly 30 Years, Court Rules on 1994 Fatal Shooting Case
The Illinois Appellate Court has affirmed the denial of Martin Hill’s bid for a new trial based on claims of actual innocence, ruling that the new evidence presented was not conclusive enough to likely change the outcome if the case were retried. The decision hinged on the circuit court’s assessment…
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Former Deputy Sheriff Dodges Pension Forfeiture in Narrowly Defined Corruption Case
A California appeals court has sided with a former San Francisco Deputy Sheriff, April D. Myres, ruling that her felony convictions for mail and wire fraud did not stem from conduct “arising out of or in the performance of” her official duties, thus protecting her vested pension benefits from forfeiture…
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Court Ruling Sends Drug Defendant Back for Resentencing Over Sentence Reduction Limits
The Eleventh Circuit Court of Appeals has vacated the sentence of Erika Kelley Day, ruling that a federal district court exceeded its authority when it reduced her sentence below the mandatory minimum for two separate drug and firearm offenses based on a government motion that only applied to one of…
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Fentanyl Case Upheld, But Sentencing Warning Missed in Ohio Appeal
The Guernsey County Court of Appeals has affirmed the convictions of Robert Miller on multiple drug charges but has sent the case back to the trial court for a specific sentencing correction related to Ohio’s “Reagan Tokes Law.” Miller had pleaded no contest to possession and trafficking charges following the…
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Appeals Court Upholds Murder Conviction Despite Weak Video Evidence
The First Appellate District of Ohio has affirmed the murder conviction of Redeemed Hardy, rejecting his claims that the evidence was insufficient and that his trial counsel provided ineffective assistance. The appellate court acknowledged significant weaknesses in the State’s key evidence—surveillance video—but ultimately found that the totality of the circumstantial…
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DUI Conviction Upheld: Court Finds Evidence Sufficient Despite Defense Arguments on Video and Sentencing
The Tennessee Court of Criminal Appeals has affirmed the conviction of Stanley William Havens for driving under the influence (DUI), finding the evidence presented at trial was sufficient to support the jury’s verdict. The appellate court also upheld the enhanced sentence handed down for what was determined to be the…
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Government Loses Bid to Keep Seized Data After Fourth Amendment Violation
A federal judge in the District of Columbia has largely rejected the government’s attempts to modify an earlier order compelling it to return materials seized from attorney and law professor Daniel Richman, following a finding that the government violated Richman’s Fourth Amendment rights against unreasonable searches and seizures. The court…
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Sixth Circuit Affirms Drug Convictions, Upholds Swanagan’s Sentence, But Sends Reed Back for Resentencing
The United States Court of Appeals for the Sixth Circuit recently issued a complex ruling concerning two defendants, Courtland Reed and Cedric Swanagan, convicted of serious methamphetamine distribution and conspiracy charges. While the appellate court upheld both men’s convictions and affirmed Swanagan’s lengthy sentence, it vacated Reed’s sentence, ordering the…
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Officer’s Prior Drunken Observation Justifies Later Traffic Stop, Court Rules
The Michigan Court of Appeals has reversed a lower court’s decision to dismiss an Operating While Intoxicated (OWI) charge, ruling that a police officer had reasonable suspicion to stop a vehicle based on observing the driver’s intoxication less than an hour before the stop. The ruling centers on the concept…