Government waived the good faith exception by not raising it before the USMJ. United States v. Stearns, 2021 U.S. Dist. LEXIS 154919 (W.D.N.Y. Aug. 17, 2021).<\/p>\n\n\n\n
The trial court didn\u2019t make sufficient findings on whether a handgun in plain view was readily accessible for use. The officer\u2019s testimony indicated it likely wasn\u2019t. State v. Newborn, 2021-NCCOA-426, 2021 N.C. App. LEXIS 450 (Aug. 17, 2021).*<\/p>\n\n\n\n
A search warrant having been executed but the target not indicted suggests a stay of this parallel civil case should not yet be granted. Gran Sabana Corp. N.V. v. Kossoff, 2021 U.S. Dist. LEXIS 154866 (S.D.N.Y. Aug. 17, 2021).<\/p>\n\n\n\n
Defense counsel\u2019s failure to seek a proper jury instruction on defendant\u2019s obstruction by not providing a blood sample when there was a search warrant requires reversal. The instruction lessened the state\u2019s burden. Defendant had to know the search warrant had issued. State v. Secrease<\/a>, 2021 MT 212, 2021 Mont. LEXIS 654 (Aug. 17, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":" Government waived the good faith exception by not raising it before the USMJ. United States v. Stearns, 2021 U.S. Dist. LEXIS 154919 (W.D.N.Y. Aug. 17, 2021). The trial court didn\u2019t make sufficient findings on whether a handgun in plain view … Continue reading