VEHICLE STOPS
Stopping a vehicle is a seizure under the Fourth Amendment. Under Terry v. Ohio the U.S. Supreme Court permits a brief investigative stop where there is reasonable suspicion to believe the person is engaged in criminal activity. All that is necessary is...PROSECUTIONAL MISCONDUCT
PROSECUTIONAL MISCONDUCT U.S. v. Emueybunan, 208 F.3d. 377 (2001). Statements by a prosecutor in a closing argument are not proper if they bring to the attention of the jury facts not in evidence. When reviewing claims of prosecutional misconduct: Determine whether...DISCOVERY
DISCOVERY DEFENDANT REQUEST BRADY – Brady was convicted of murder. At sentencing he testified his accomplice committed the murder. After Brady was convicted he discovered his accomplice had told police he committed the (murder before trial). Brady had...WHY HEROIN?
Heroin is made from poppy plants. Milky opium is removed from the poppy flower. The opium is refined to make morphine and further refined into heroin. Many people experiment with heroin without realizing it is much more dangerous than marijuana. People think they...POLICE CANNOT DETAIN PEOPLE ON ROUTINE TRAFFIC STOPS
The U.S. Supreme Court in Florida v. Rays, held that in a traffic stop the investigative detention must be temporary and last no longer than necessary to effectuate the purpose of the stop. In Turley v. Commonwealth of Kentucky, 2011 SC 0276-M2, police stopped Turley...TRASH PULLS
Trash cans are subject to warrantless searches if the citizen has no reasonable expectation of privacy. California v. Greenwood, 108 S.Ct. 1625. A closed trash can may be searched when the cans are at the curb for pick up. A trash can in the curtilage of a home cannot...U.S. SUPREME COURT PROTECTS POLICE WHO VIOLATE CITIZEN RIGHTS WHEN AN OFFICER CLAIMS, “I DID NOT KNOW THE LAW.”
In Heien v. North Carolina, the U.S. Supreme Court held that a police officer’s mistake of the law does not support a motorist’s claim of illegal search and search. A North Carolina police officer stopped Heien’s car because only one of Heien’s brake lights was...Diversion and Persistent Felony Offender (PFO)
The Kentucky Supreme Court decided in Commonwealth v. Richard Derringer, 386.S.W.3d 123 (2012), that a diversion conviction cannot be used to form the basis of a PFO charge because the defendant has not been sentenced. The Supreme court held that Pretrial Diversion...Bond on a Federal Indictment- Pretrial Detainees Right
If you have been indicted on a federal crime you will be subject to pretrial detention if you cannot post bail; or The trial court determines it serves the public interest to detain you until your case is brought to trial. Under the United States Constitution you are...THIS IS AN ADVERTISEMENT. COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT
Voted Top Criminal Lawyer 2014 By Louisville Magazine
Res Ipsa Kids is a non-profit, 501 (c) (3) corporation designed to help needy children in the local area. I recruit other law firms to become regular donors. So, I begin my first tentative steps, but hope to report soon about great progress in this non-profit endeavor to help those less fortunate than myself.
Voted Top Criminal Lawyer 2014 By Louisville Magazine
Res Ipsa Kids is a non-profit, 501 (c) (3) corporation designed to help needy children in the local area. I recruit other law firms to become regular donors. So, I begin my first tentative steps, but hope to report soon about great progress in this non-profit endeavor to help those less fortunate than myself.
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