Daily Archives: August 29, 2022

NLJ: Will Judicial Polarization Lead to More Strategic ‘Unpublished’ Opinions?

NLJ: Will Judicial Polarization Lead to More Strategic ‘Unpublished’ Opinions? (“Because unpublished opinions aren’t precedential and don’t typically get reviewed by full courts, some court watchers worry that panels could use them to get their desired outcome in a particular case … Continue reading

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CAAF: Loaning your cell phone to another doesn’t grant common authority to consent to a search

Defendant loaned his phone to another service member who accidentally discovered child pornography on it. The person the phone was loaned to had no common authority to consent to a search it. United States v. Black, 2022 CAAF LEXIS 614 … Continue reading

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NE: Changing the 4A argument between hearing and appeal is waiver

Defendant’s Fourth Amendment ineffective assistance of counsel claim is presented on appeal differently than at the hearing level, and that’s waiver. State v. Lessley, 312 Neb. 316 (2022). The affidavit for search warrant was issued with probable cause under the … Continue reading

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