tag:blogger.com,1999:blog-6662901311049892597.comments2022-03-31T10:42:09.529-06:00The Honorable CourtUnknownnoreply@blogger.comBlogger52125tag:blogger.com,1999:blog-6662901311049892597.post-83379253256608618962018-11-30T03:15:22.282-07:002018-11-30T03:15:22.282-07:00Probably from some lawyer or judge or other.Probably from some lawyer or judge or other.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-73439505652981195562018-11-28T15:59:05.504-07:002018-11-28T15:59:05.504-07:00--- the trooper in this case didn't know he wa...--- the trooper in this case didn't know he was violating the Fourth Amendment.---<br /><br />"ignorance of the law is no excuse." where have i heard this before? lol...<br />tim from ratemycopLessGovhttps://www.blogger.com/profile/04536375744425864699noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-37086275372849714672016-05-10T19:59:30.052-06:002016-05-10T19:59:30.052-06:00Short answer: I don't know.
Long answer: I ha...Short answer: I don't know.<br /><br />Long answer: I haven't been following the courts as closely since I stopped writing this blog, but remanding the case to NC was probably the final word that the Supreme Court will bother to utter on this case. It's possible that once North Carolina makes a decision as to the reasonableness of the search (which they may have already done, I've never followed North Carolina courts at all) this case will find it's way back up through appeals to the Supreme Court, but I doubt it. The decision of whether this type of search is reasonable will probably be left for another case, decades from now.<br /><br />For the moment, the important precedent laid down by this case is that GPS monitoring of convicts is a search, so it needs to be justified as a search and not just rubber stamped as a routine procedure. The court has left Grady's fate in the hands of a state that wants his blood, and I hope they get it.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-19189908343897561782016-05-09T19:50:57.052-06:002016-05-09T19:50:57.052-06:00What is the current status of the US Supreme Court...What is the current status of the US Supreme Court Grady v. North Carolina 14-593? Last year, it was remanded back to the state (NC) to consider whether or not the search is reasonable.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-44927456115684637532015-01-01T18:53:57.945-07:002015-01-01T18:53:57.945-07:00Won't be the last.Won't be the last.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-48476849797331194772015-01-01T17:06:52.495-07:002015-01-01T17:06:52.495-07:00Gross. It's not the first time he has done tha...Gross. It's not the first time he has done that.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-89682434580715773802014-08-07T01:43:21.892-06:002014-08-07T01:43:21.892-06:00On 7-31-14, this case made it in front of the Tent...On 7-31-14, this case made it in front of the Tenth Circuit again. I'm sick of reading about the same case... qualified immunity was granted this time, because Gillen's failure to act did not violate any clearly established rights.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-11523676146536120612014-07-01T20:34:48.081-06:002014-07-01T20:34:48.081-06:00As of Riley v. California, this case is no longer ...As of Riley v. California, this case is no longer relevant. http://thehonorablecourt.blogspot.com/2014/07/us-supreme-court-riley-v-california-13.htmlBerserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-13699529684790700382014-06-29T23:50:05.748-06:002014-06-29T23:50:05.748-06:00I've had a few sergeants who've also tried...I've had a few sergeants who've also tried to Gant the fellow officer rule. Don't feel too bad. But don't do it again.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-28379327787600347552014-06-29T20:29:19.267-06:002014-06-29T20:29:19.267-06:00And with that, another Sulli "loophole" ...And with that, another Sulli "loophole" is closed.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-86748299186927276412014-02-26T03:40:43.996-07:002014-02-26T03:40:43.996-07:00Now see also http://thehonorablecourt.blogspot.com...Now see also http://thehonorablecourt.blogspot.com/2014/02/us-supreme-court-fernandez-v-california.html. This case would have been a much easier decision if it happened today. And once again, it seems that one of the best ways to predict what the Supreme Court will do is to just disagree with the Ninth Circuit.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-72728665225023886922013-11-24T13:34:55.399-07:002013-11-24T13:34:55.399-07:00See also: http://thehonorablecourt.blogspot.com/20...See also: http://thehonorablecourt.blogspot.com/2013/11/colorado-court-of-appeals-people-v_24.htmlBerserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-14751893625524979382013-11-24T13:34:26.133-07:002013-11-24T13:34:26.133-07:00See also: http://thehonorablecourt.blogspot.com/20...See also: http://thehonorablecourt.blogspot.com/2013/10/colorado-court-of-appeals-people-v.htmlBerserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-87487768954492896242013-08-08T23:05:18.829-06:002013-08-08T23:05:18.829-06:00The general assembly passed a law (effective May 1...The general assembly passed a law (effective May 11, 2013) which specifically authorizes a driver to challenge the validity of a stop in a DOR hearing. So although THE exclusionary rule may not apply to DOR hearings, congress has now created its own exclusionary rule expressly for DOR hearings.<br /><br />As such, this odd little decision is now even more irrelevant.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-83621603879785246442013-08-08T23:00:11.932-06:002013-08-08T23:00:11.932-06:00Since this decision, the definition of deadly weap...Since this decision, the definition of deadly weapon in the statute has been changed. Now, firearms (loaded or unloaded) are deadly weapons per se, and knives/bludgeons/what-have-you are deadly weapons when used or intended to be used in a manner capable of producing death or serious bodily injury.<br /><br />So it looks like the general assembly didn't like this decision, and they have now voted to render it inapplicable.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-613487445857851512013-04-21T12:47:42.186-06:002013-04-21T12:47:42.186-06:00This one's coming a little late... I didn'...This one's coming a little late... I didn't have time to update The Honorable Court for the last week whilst relocating. I should be all caught up in the next couple of days, though.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-553917830197574992013-03-26T13:39:04.206-06:002013-03-26T13:39:04.206-06:00After reading Florida v. Jardines, I'm startin...After reading Florida v. Jardines, I'm starting to see that there might be a good reason for the court to have made this decision based on the trespass test instead of going straight to the GPS issue.<br /><br />Of course, I'm sure the GPS issue will come up again. But a case like this probably isn't one that we want the court to use to set the precedent for all future GPS tracking.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-58828882896758495402013-03-20T20:18:49.929-06:002013-03-20T20:18:49.929-06:00On 3-19-13, the court retracted their opinion in t...On 3-19-13, the court retracted their opinion in this case and issued a revised opinion. I read the new opinion, and as far as I can tell it says the same thing that the old one did.<br /><br />The new decision does mention that there are additional elements to the danger-creation exception that may or may not have been met, and that it's up to the lower court to address these (I don't remember whether or not the old decision focused on that point). It also talks about how the social worker was granted summary judgment on another issue within the lawsuit (which wasn't part of my summary here, because it doesn't really apply to law enforcement).Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-63775076017833916652012-12-28T15:50:11.375-07:002012-12-28T15:50:11.375-07:00testtestBerserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-3210957651922659482012-12-28T15:28:54.444-07:002012-12-28T15:28:54.444-07:00Further reading on this decision: http://thehonora...Further reading on this decision: http://thehonorablecourt.blogspot.com/2012/12/colorado-supreme-court-tate-v-people.htmlBerserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-61218668185155768172012-11-15T14:09:00.108-07:002012-11-15T14:09:00.108-07:00Although I agree with the court's conclusion o...Although I agree with the court's conclusion on this one, I think that the explanation of how they arrived at their conclusion gives law enforcement a LOT of rope to hang ourselves with. Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-26756200924186943882012-08-12T19:10:13.820-06:002012-08-12T19:10:13.820-06:00Then I'm sure there's some department prec...Then I'm sure there's some department precedent to cover that....<br /><br />Actually, I didn't include it in my summary (since it ideally shouldn't affect decision making in the field), but People v. Rhodus touches on that. It mentions rules 701 and 702 from the Colorado Rules of Evidence (governing lay opinion and expert opinion), and the decision also spells out that the police may not offer expert opinion in the guise of lay opinion without first being qualified as experts.<br /><br />In that case, the testimony was admitted (the supposedly "expert" testimony was as to whether or not people usually get rid of clothes during a foot pursuit).<br /><br />http://thehonorablecourt.blogspot.com/2012/08/colorado-court-of-appeals-people-v_9316.html#comment-formBerserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-30439219517835042502012-08-10T20:52:16.439-06:002012-08-10T20:52:16.439-06:00Right on, Court!
but what if it's your opinion...Right on, Court!<br />but what if it's your opinion?Sugar Addictnoreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-4455429669483009472012-08-09T14:14:10.591-06:002012-08-09T14:14:10.591-06:00So it turns out that most of those Tenth Circuit c...So it turns out that most of those Tenth Circuit cases didn't meet the inclusion guidelines for this site. Too bad... some of the ones I didn't get to finish were written by Judge Gorsuch. He's got an amusing, relaxed way of writing... it's much easier to get through than what most judges do.<br /><br />Anyway, I'm caught up now. Still have a long list of old cases to summarize, but there's always going to be more where those came from.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.comtag:blogger.com,1999:blog-6662901311049892597.post-53840355061640442202012-07-17T11:44:18.116-06:002012-07-17T11:44:18.116-06:00I remember when this question-first strategy was p...I remember when this question-first strategy was popular, back when I first started. I thought it was a stupid idea at the time, and that was before I took so much interest in case law. I wish that the eventual test case hadn't involved something as nasty as a murder by fire, but the court can't choose the facts that will be presented to it. I was glad to see this practice go away.Berserkhttps://www.blogger.com/profile/10730777264911609883noreply@blogger.com