Daily Archives: April 22, 2017

S.D.N.Y.: Issue preclusion: Same search litigated in NJ state courts in 2014 and def lost; can’t relitigate here. Besides, he’d lose on merits, too

Defendant was charged in New Jersey as a result of the same search as here. He fully litigated in state court and lost, and appealed and lost. That qualifies for issue preclusion in federal court in NYC because he had … Continue reading

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IA: Where IAC claims based on persuading for overruling of settled law, def counsel hardly ineffective

Defendant’s argument on post-conviction that defense counsel should have argued for overruling of state authority on the search incident and automobile exception doctrines because of subtle changes in the law isn’t grounds for post-conviction. All that shows is that the … Continue reading

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Yahoo! Tech: A Former NSA Lawyer Explains Why Searching Phones at the Border Is a Waste of Time

Yahoo! Tech: A Former NSA Lawyer Explains Why Searching Phones at the Border Is a Waste of Time by Brian Feldman

Posted in Border search, Cell phones | Comments Off

Arkansas Times: State spends $30,000 drug testing TANF recipients for drugs, nabs 2

Think Progress: States spend millions to drug test the poor, turn up few positive results by Josh Isreal (“They spent $1.3 million to find just 369 drug users.”) My own state: Arkansas Times: State spends $30,000 drug testing TANF recipients … Continue reading

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