WA: Def’s first appearance where bail was set under Gerstein not critical stage requiring counsel because bail could be revisited

Defendant’s first appearance where bail was set under Gerstein was not a critical stage requiring counsel because bail could be revisited. State v. Heng, 2023 Wash. LEXIS 603 (Dec. 7, 2023).

“The government contends that [the search] was justified both as a protective search and under the emergency aid doctrine. Because we conclude that Eden’s decision was a reasonable protective search, we need not consider whether it was also justified under the emergency aid doctrine.” United States v. Wampler, 2023 U.S. App. LEXIS 32345 (9th Cir. Dec. 7, 2023).*

2254 petitioner’s claim was clearly barred by Stone v. Powell, so he gets no CoA. Overstreet v. Wade, 2023 U.S. App. LEXIS 32298 (5th Cir. Nov. 29, 2023).*

The CI was put under oath to get the warrant, so additional corroboration was not required. People v. Tucker, 2023 NY Slip Op 06280, 2023 N.Y. App. Div. LEXIS 6369 (3d Dept. Dec. 7, 2023).*