Category Archives: Burden of pleading

SD: Def’s search issue on appeal wasn’t presented to the trial court, so it’s waived

Defendant’s claim that evidence discovering during a traffic stop had to be suppressed because the duration of the stop was unlawful was waived because he failed to advance that argument before the trial court. State v. Willingham, 2019 SD 55, … Continue reading

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OR: Appeal of order of mother in juvenile case to provide UAs affirmed for an insufficient appellate record

The mother of a juvenile was ordered to give observed UAs as a part of a dependency-neglect proceeding. She didn’t provide a sufficient appellate record to decide whether the trial court’s order violated the state constitution, so it’s affirmed. Dep’t … Continue reading

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C.D.Cal.: Evidence at trial came from a prior unrelated search; the parties should stipulate that it happened to avoid unnecessary confusion

This is on the government’s motion in limine concerning how evidence at trial should come in. The government had a search warrant for theft, and that was the way into his house. To avoid problematic questions, the court suggests a … Continue reading

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LA5: Failure to raise scope of search issue below was waiver on appeal

The officer affiant adequately corroborated the CI to show probable cause. Defendant’s argument that the search of his house under the warrant couldn’t include the back yard was not preserved below [but it usually would be valid anyway]. State v. … Continue reading

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MA: Calls from juvenile detention have no REP

Phone calls in juvenile detention were properly recorded. Defendant was on notice of recording. Commonwealth v. Odgren, 483 Mass. 41 (Sept. 4, 2019). In an immigration case where the petitioner bears the burden of showing an egregious violation of the … Continue reading

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Two on waiver for failure to litigate issues

Defendant waived any claims on officer’s reliance on an APB for never having mentioned it in his motion to suppress. Commonwealth v. Santos, 2019 Mass. App. LEXIS 107 (Aug. 26, 2019).* Defendant litigated his statement as coming from an illegal … Continue reading

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D.P.R.: Calling an out of time motion to suppress a motion in limine doesn’t get around the time limits

Calling an out of time motion to suppress a motion in limine doesn’t get around the time limits. It was 14 months too late, and trial starts tomorrow. United States v. Fígaro-Benjamín, 2019 U.S. Dist. LEXIS 141655 (D. P.R. Aug. … Continue reading

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TN: Codefendant suppressed contents of a camera, but def can’t because no standing

Codefendant succeeded in suppressing photographs from an illegally seized camera. This defendant, however, had no property or privacy interest in the camera and thus no standing. State v. McClancy, 2019 Tenn. Crim. App. LEXIS 473 (Aug 10, 2019).* State’s notice … Continue reading

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D.Kan.: Def’s 4A IAC claim fails for failing to show how he’d have won any issue

Defendant’s ineffective assistance of counsel claim for not pursuing a search claim fails for lack of argument of probability of success. “While Vargas makes numerous arguments for alleged errors by counsel, he fails to support a finding that counsel was … Continue reading

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KS: The state has to plead inevitable discovery and allow a record to be made or it defaults it

All the factors of inevitable discovery favor suppression of the evidence, even under Strieff. Moreover, for the state to claim inevitable discovery, it has plead it in the trial court and allow a record to be made. State v. Sanders, … Continue reading

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D.Ariz.: Affidavit of another didn’t show offer of proof for standing

The declaration used to attempt to show defendant’s guest standing doesn’t tie defendant’s relationship to the property to the time of the search. Moreover, on the day in question, his truck was parked along a fence far enough from the … Continue reading

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NY3: No suppression hearing for lack of pleading a factual basis for suppression

Defendant was properly denied a suppression hearing for not alleging a factual basis for a suppression motion. People v. Seecoomar, 2019 NY Slip Op 05727, 2019 N.Y. App. Div. LEXIS 5742 (3d Dept. July 18, 2019).* The stop was justified. … Continue reading

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