CRIMINAL LAW: The Extent of Judicial Power in Sentencing Pursuant to a Federal Plea Agreement
Suzanne Bailey—Senior Attorney
A recent decision from the U.S. Court of Appeals for the Fourth Circuit, United States v. Toebbe, 85 F.4th 190 (4th Cir. 2023), illustrates both the binding nature of plea agreements entered into pursuant
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CIVIL RIGHTS: SCOTUS: Use of Un-Mirandized Statement Does Not Serve as Basis for § 1983 Claim
Jason Holder, Senior Attorney, National Legal Research Group, Inc.
Accused of sexually assaulting a patient while working as a certified nursing assistant, Terence Tekoh was interrogated “at length” by a Los Angeles County Sheriff’s Department Deputy. Vega v. Tekoh, 142 S. Ct. 2095, 2099, 213 L. Ed. 2d 479, 485…
In Pursuit of Fleeing Misdemeanants: SCOTUS Rejects Categorical Rule of Exigency
Jason Holder—Senior Attorney, National Legal Research Group
Arthur Lange (“Lange”) drove past a highway patrol officer with his windows down, music blaring, and repeatedly honking on his horn; in short, Lange “was asking for attention.” Lange v. California, 141 S. Ct. 2011, 2016 (2021). The officer followed Lange…
Sex Offender Registration Requirement
Mark Rieber—Senior Attorney, National Legal Research Group
In Doe v. Wasden, No. 1:20-CV-00452-BLW, 2021 WL 4129144 (D. Idaho Sept. 8, 2021), appeal filed (9th Cir. Oct. 1, 2021), the court granted the two offenders’ (John Doe and Randall Menges) motion for preliminary injunction challenging the requirement of their registration for the Idaho…
Ineffective Assistance—Death Penalty
Mark Rieber—Senior Attorney, National Legal Research Group
In Andrus v. Texas, 140 S. Ct. 1875 (2020), the Supreme Court vacated the opinion of the Texas Court of Criminal Appeals denying habeas relief to the petitioner challenging his death sentence and claiming that his counsel was ineffective in failing to investigate and present…
Insanity Defense
Mark Rieber—Senior Attorney, National Legal Research Group
In Kahler v. Kansas, 140 S. Ct. 1021 (2020), the U.S. Supreme Court recently held that the Due Process Clause of the U.S. Constitution does not require a state to adopt a particular formulation of the insanity defense. The ruling came in a case out…
Fourth Circuit Panel Rules That Probable Cause Is a Mere Click Away
Jason Holder-Senior Attorney, National Legal Research Group
On what the court in United States v. Bosyk, 933 F.3d 319 (4th Cir. 2019), described as a “secretive online message board,” id. at 322, a link appeared with a message explaining that the link would lead to multiple videos of child pornography. On the…
Mere Possession of Concealed Firearm Does Not Justify Terry Stop
Mark Rieber—Senior Attorney, National Legal Research Group
In Commonwealth v. Hicks, No. 56 MAP 2017, 2019 WL 2305953 (Pa. May 31, 2019), the Pennsylvania Supreme Court overruled precedent from the Pennsylvania Superior Court in Commonwealth v. Robinson, 410 Pa. Super. 614, 600 A.2d 957 (1991), and held that the mere possession…
No Constitutional Right to Engage in Bestiality
Mark Rieber—Senior Attorney, National Legal Research Group
In an unusual case, and one apparently of first impression, the Virginia Court of Appeals has very recently upheld the constitutionality of the state’s statute prohibiting bestiality. Va. Code Ann. § 18.2-361(A); Warren v. Commonwealth, No. 2086-17-3, 2019 WL 189386 (Va. Ct. App. Jan. 15,…
Fourth Amendment Applies to Cell Site Location Information
Mark Rieber, Senior Attorney, National Legal Research Group
Cell-site location information (“CSLI”) is location information generated by cellular phone providers that indicates which cell tower a particular phone was communicating with when a communication was made. United States v. Curtis, No. 17-1833, 2018 WL 4042631, at *1 (7th Cir. Aug. 24,…