Fourth Amendment Law
 
Kelly Cahill, et al. v. Insider, Inc., et al.

Portland, Oregon, civil litigation lawyer represented the Plaintiffs seeking the return of information inadvertently disclosed to the Defendants.

The panel held that the district court, as part of its inherent powers to oversee discovery in cases before it, had authority to order The Oregonian to return or destroy the documents because, as an intervenor, The Oregonian was a party to the c

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Ryan Gary, et al. v. Hollier's Specialty Roofing, Inc., et al.

Lafayette, Louisiana civil litigation lawyers represented the parties in a breach of contact dispute.

The Garys sustained extensive roof damage when Humcane Delta blew through Lafayette Parish on October 9, 2020. The following day, the Garys met with a representative from Hollier Roofing. During this meeting, the Garys and Hollier Roofing signed an agreement to fix the damage. The agreeme

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Fayn Gary and Rebecca Gary v. Hollier's Speciality Roofing, Inc.

Lafayette, Louisiana, personal injury lawyer represented the Plaintiffs who sued the Defendant on breach of contract theories.

The Garys sustained extensive roof damage when Humcane Delta blew through Lafayette Parish on October 9, 2020. The following day, the Garys met with a representative from Hollier Roofing. During this meeting, the Garys and Hollier Roofing signed an agreement to fi

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United States of America v. Kevin Ike Obi

Grand Rapids, Michigan, criminal defense lawyer represented the Defendant seeking a reduction in sentence.

Inspired by the Sentencing Commission’s retroactive amendment of a relevant guidelines provision, Kevin Obi asked the district court to reduce his sentence. The district court did so, but in an admittedly modest fashion: it reduced Obi’s 300-month sentence to 293 months. Obi chal

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George Edward Clark and Kevin Harrington v. Anthony Abdallah and Kevin Smith

Justice Went To Hell in Detroit, Michigan George Edward Clark and Kevin Harrington were wrongfully convicted of a murder that they did not commit.

This § 1983 case concerns alleged constitutional violations in the investigation and prosecution of George Clark and Kevin Harrington. Clark and Harrington spent nearly two decades in prison before the Wayne County Prosecution Integrity Unit d

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United States of America v. Michael Elias Jalomo

Dallas, Texas, criminal defense lawyer represented the Defendant charged with felony possession of a firearm.

First, Jalomo argues that § 922(g)(1) is facially unconstitutional under the Second Amendment in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). The Government is correct that Jalomo’s Bruen-based challenge to § 922(g)(1) is foreclosed. See Un

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Michael Moshoures v. City of North Myrtle Beach, et al.

Florence, South Carolina civil rights lawyer represented the Plaintiff challenging city ordinance.

A city ordinance makes it a crime “to broadcast obscene, profane or vulgar language from any commercial property” above certain volumes at certain times. A bar owner sued, arguing the ordinance violates the First Amendment. This appeal involves only the portion of the ordinance restricti

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United States of America v. Jorge Echeverri

Baltimore, Maryland criminal defense lawyer represented the Defendant charged with theft of government property, false statements, passport fraud, social security misuse, and false statement of citizenship.

Maryland Man Indicted for Theft of Government Property and Passport Fraud

<

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State of California v. Ross Arthur Wende

Sacramento, California criminal defense lawyer represented the Defendant charged with two counts of robbery.

A court found defendant guilty of two counts of robbery in which a firearm was used (Pen.Code, §§ 211, 12022.5) and sentenced him to prison for five years.

* * *

Legal issue Does the procedure followed by legal counsel, who remained active in the case but filed

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The People of the State of Illinois v. Tavion Hodges

Chicago, Illinois criminal defense lawyer represented the Defendant charged with unlawful use or possession of a weapon by a felon.

At trial, evidence established that officers curbed defendant's vehicle in Chicago on September 6, 2021. As officers removed defendant from the vehicle, they saw what appeared to be a handgun "falling from his person." A firearm was recovered between "defend

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State of Delware v. John McCurdy

Wilmington, Delaware criminal defense lawyer represented the Defendant charged with possession of drugs.

Legal issue Was the anonymous tip sufficiently corroborated to establish probable cause through a canine sniff detecting drugs in the defendant's storage unit?
Headnote

CRIMINAL LAW. FOURTH AMENDMENT SEARCH AND SEIZURE. The court addressed whether an anonymous tip regardin

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Courthouse News Service, et al. v. Teri Corsones, et al.

Defendants, administrators and clerks of the Vermont Superior Court, appeal from the judgment and permanent injunction of the United States District Court for the District of Vermont (Christina Reiss, J.) in favor of Plaintiffs, news and related media organizations. Beginning in 2020, when Vermont courts transitioned to electronic filing, the Superior Court adopted a policy of denying public acces

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Rowena Tachas; Monique Dereta v. Dana Sanders, et al.

Las Cruces, New Mexico civil rights lawyers represented the Plaintiffs who sued under 42 U.S.C. § 1983, alleging that Sanders violated their First Amendment rights by threatening frivolous legal action against them in retaliation for their speech.

Dana Sanders was the Superintendent of the Los Lunas, New Mexico Public Schools when Rowena Tachias and Monique Dereta created a Facebook page

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United States of America v. Joseph Gaye

Denver, Colorado criminal defense lawyer represented the Defendant charged with being a felon in possession of a firearm.

Joseph Gaye was staying late at his office when he called 911, reporting that a man wearing a mask ran in, shot him, and ran out. Officers and first responders arrived on scene soon after and found Mr. Gaye bleeding on the floor. As Mr. Gaye as rushed to the hospital,

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United States of America v. Brandon Lee Mayfield

Tulsa, Oklahoma criminal defense lawyer represented the Defendant charged with being a felon in possession of a firearm in violation of 18 U.S.C. . § 922(g)(1).

The Second Amendment reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

It does not say "except" after infringed.

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United States of America v. Pedro Solis-Rodriguez

Albuquerque, New Mexico criminal defense lawyer represented the Defendans charged with unrelated drug offenses.

Appellants Pedro Solis-Rodriguez and Richard Wilborn (collectively, “Appellants”) pleaded guilty to unrelated drug offenses. The same district court judge in the United States District Court for the District of New Mexico accepted their plea agreements and sentenced them at

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Kevin Graham v. Town of Depew

Tulsa, Oklahoma civil rights lawyers represented the Plaintiff who sued on the Defendant on breach of contract and denial of due process under the Fourteenth Amendment.

Kevin Gresham was terminated from his position as Chief of Police, he sued Appellee Town of Depew in federal district court, claiming breach of contract and a violation of his Due Process rights under the Fourteenth Amendm

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State of Kansas v. Kimberley S. Younger

Great Bend, Kansas criminal defense lawyer represented the Defendant charged with capital murder.

A jury convicted Kimberly S. Younger of one count of capital murder, one count of conspiracy to commit first-degree murder, one count of solicitation to commit first-degree murder, and one count of theft. Although she did not personally kill anyone, her coconspirators all testified that she w

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State of Ohio v. Tony Thacker

Cincinnati, Ohio criminal defense lawyer represented the Defendant charged with felony possession of a firearm.

Fourteen years ago, a teenage Tony Thacker was adjudicated delinquent for engaging in conduct that, had he been an adult, would have constituted a nonviolent drug felony. From that day forward, Ohio law imposed a legal "disability" upon Thacker, making it a third-degree felony f

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State of Florida v. Roberto Torres

Melbourne, Florida criminal defense lawyer represented the Defendant charged with being a habitual felony offender.

Roberto Torres appealed the trial court's order denying his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Torres argues that his designation and sentence as a habitual felony offender (HFO) is unconstitutional based on Erlinger

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United States of America v. Kenston Harry

New Haven, Connecticut criminal defense lawyer represented the Defendant charged with possessing controlled substances with intent to distribute and conspiracy to accomplish the same.

This case included an issue regarding the admissibility of pole-camera evidence obtained without a warrant in a criminal proceeding, which raises a novel Fourth Amendment question in this Circuit. Defendan

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United States of America v. Jackson Daniel Bowers

Spokane, Washington criminal defense lawyer represented the Defendant charged with possession of heroine.

In 2019, pursuant to a guilty plea, Bowers was convicted of possession of heroin with intent to distribute in violation
of 21 U.S.C. § 841(a)(1), (b)(C). He was sentenced to 36 months imprisonment to be followed by three years of
supervised release. In 2023, after Bowers comp

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United States of America v. Grei Mendez

New York, New York criminal defense lawyer represented the Defendant charged with trafficking fentanyl out of a daycare in the Bronx

Daycare Operator Sentenced To 45 Years In Prison In Connection With Fentanyl Poisoning Of Four Children At A Bronx Daycare

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United States of America v. Joshua Willis

Denver, Colorado criminal defense lawyer represented the Defendant charged with one count of possession of a firearm in violation of 18 U.S.C. § 922(g)(1) which prohibits felons from possessing firearms.

Defendant moved to dismiss the indictment against him under New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022). The district court denied his motion. He pled gui

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The State of Texas v. Oscar Ramirez Martinez

Houston, Texas criminal defense lawyer represented the Defendant charged with evading detention using a motor vehicle.

On January 7, 2019, Officer Shaikh was assigned to night shift patrol duty. He was in a marked patrol car and wearing his police uniform. At the intersection of Bellaire and Fondren roads, Officer Sheikh noticed a white vehicle driving at an excessive rate of speed. He te

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AK Morlan
Kent Morlan, Esq.
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