Category Archives: Uncategorized

S.D.N.Y.: Def in MCC now prosecuted for leaking classified SW information via contraband cell phone

Defendant is being prosecuted in part for leaking protected search warrant and classified search warrant materials to the press from contraband cell phones in the MCC, Manhattan. This opinion is about disclosure of defenses and evidence. United States v. Schulte, … Continue reading

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NY Times: He Says He Stabbed a Student to Defend His Home. His Home Is a Box.

NY Times: He Says He Stabbed a Student to Defend His Home. His Home Is a Box. By Nikita Stewart and Jan Ransom (“A homeless man is fighting his case by invoking New York’s “castle doctrine,” which gives people the … Continue reading

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WaPo: Colorado just used its gun seizure law for the first time — one day after it took effect

WaPo: Colorado just used its gun seizure law for the first time — one day after it took effect by Derek Hawkins

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N.D.Ohio: 2255 including a 4A IAC claim denied for lack of any statement of facts of what’s at issue

Defendant filed a “laundry list” 2255. His Franks IAC claim is rejected for lack of any offer of proof that it would remotely be granted. Johnson v. United States, 2019 U.S. Dist. LEXIS 216544 (N.D. Ohio Dec. 17, 2019).* The … Continue reading

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Getting caught up

Had two day jury trial this week which took several days of preparation as well. But, the next 12 days will be slow for work and the cases coming in, as always, so I’ll get caught up presumably by 12/25

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NYTimes: The Chilling Reality of Bias at the F.B.I.

NYTimes: The Chilling Reality of Bias at the F.B.I. by Julian Sanchez (“Americans deserve a stronger assurance than “hope” that their Fourth Amendment rights are being respected.”)

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D.D.C.: Gen. Flynn’s guilty plea waived his speculative 4A/Brady claim; even if not waived, what he speculates wasn’t material

General Flynn’s 2017 guilty plea waived his claim that there was allegedly Brady material that was favorable to his case that he was set up by the FBI. First of all, the guilty plea waives the Fourth Amendment claim, Brady … Continue reading

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Reason: It’s Bill of Rights Day. Do Americans Still Care?

Reason: It’s Bill of Rights Day. Do Americans Still Care? by J.D. Tuccille (“The greatest threat to protections for our freedom may be people’s fear that people who disagree with them are exercising their rights.”)

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techdirt: DOJ Headed By William Barr Asked To Explain Warrantless Bulk Data Collection William Barr Authorized 27 Years Ago When He Was The Head Of The DOJ

techdirt: DOJ Headed By William Barr Asked To Explain Warrantless Bulk Data Collection William Barr Authorized 27 Years Ago When He Was The Head Of The DOJ by Tim Cushing:

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NV: OT: Relying on Kyllo, a digital blog is covered by the newpaperman’s privilege in confidential sources

Off topic, but significant: A digital news blog is covered by the nearly 50-year-old Nevada statute on protecting news sources and under the anti-SLAPP statute. Relying on Kyllo, the court finds that new technology has to be recognized under existing … Continue reading

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Reason: Massachusetts Police Test Out Robot Dogs. Is Dystopia on Its Way?

Reason: Massachusetts Police Test Out Robot Dogs. Is Dystopia on Its Way? by Scott Shackford Don’t be afraid of the robopups, but make sure we leash law enforcement to keep officers from misusing them.

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W.D.Tex.: Def shows a “substantial question” of the legality of his search for bail pending appeal of his conviction

Defendant showed a substantial enough question for appeal on the legality of a protective sweep that led to a plain view, so he gets bail pending appeal. United States v. Roark, 2019 U.S. Dist. LEXIS 198264 (W.D. Tex. Nov. 15, … Continue reading

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