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2022
- July
-
May
- Third Circuit Court of Appeals rules defendant had no standing to raise a Carpenter claim.
- Three new cases coming up that will affect Carpenter litigation, all in Massachusetts.
- Middle District of Tennessee holds Iphones in plain view can be seized during a lawful arrest or encounter.
- Northern District of Georgia invokes good faith exception re: CSLI based on court order due to binding 11th Circuit precedent.
- Seventh Circuit holds garage door opener is not to be treated like cell phone for Fourth Amendment purposes.
- New York Supreme Court finds probable cause existed despite lack of application for a warrant.
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April
- Number 10 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Appellate Court Case of People v. M
- U.S. Supreme Court Holds Defendants Sentenced on Mandatory Minimum Ineligible for Later Sentencing Reductions Based on Reduction
- Seventh Circuit Orders Limited Remand in Light of United States v. Dean
- Seventh Circuit Upholds 924(C) Conviction Where Gun Sales Were Discussed Before Marijuana Sales.
- Seventh Circuit Finds Ineffective Assistance of Trial and Appellate Counsel for Failure to Object to Instruction on Use of Force
- Illinois Supreme Court Rejects Vagueness Challenge to Statute Banning Child Sex Offenders From Loitering Within 500 Feet of a Sc
- Second District Appellate Court Permits Witness’ Prior Armed Robbery With a Firearm Conviction to Argue That His (And the Defend
- The United States Supreme Court Will Be Delving Into the “Automobile Exception” to the Warrant Requirement of the Fourth Amendme
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2020
- August
- May
- April
- February
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January
- According to the Feds, Apple Needs to Cooperate When One Does Not Give Up Their Passcode.
- Seventh Circuit Affirms Sentence for Illegal Reentry That Was Double the Sentencing Guidelines Recommendation.
- 7th Circuit Reverses Dist. Court’s Refusal to Consider Re-Sentencing Based on Amendment 782 to the Guidelines
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2019
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December
- Number 4 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Appellate Court Case of People v. Ma
- Number 5 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Appellate Court Case of People v. Ba
- Number 6 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Appellate Court Case of People v. Jo
- Number 7 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Appellate Court Case of People v. Da
- Number 8 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Appellate Court Case of People v. Mu
- Number 9 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Appellate Court Case of People v. Mc
- Illinois Appellate Court Finds Sighting of Gun Along With Information Re: Gang Shootings Justifies Terry Stop. Also Holds That L
- Number 3 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Supreme Court Case of People v. Manz
- Chat App “Totok” Has Been Identified as a Surveillance Tool
- Number 2 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Supreme Court Case of People v. Euba
- Honorable Mention for the “Top Ten Fourth Amendment Cases” for Illinois Criminal Defense Lawyers
- Bill Wolf’s “Top Ten” 4th Amendment Cases Decided in the Year 2019
- October
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August
- Electronic Frontier Foundation Is Suing the United States for Information Regarding the Warrantless Use of Gps Devices
- Texas Court of Appeals reverses murder conviction based on Carpenter violation.
- Great Article From reason.com About User App Data and How Easy It Is for Law Enforcement to Get It
- The Law Office of William Wolf urges rejection of ABA Resolution 114 by the House of Delegates.
- Northern District of West Virginia Finds No Ineffective Assistance of Counsel in Failure to Predict Carpenter in Advance, and Th
- Massachusetts High Court Rejects Idea That Gps Monitoring of All Defendants Convicted of a Sex Offense Is Reasonable
- Northern District of Georgia Again Invokes Good Faith Exception on Tower Dump Case
- Massachusetts High Court Holds Denial of Motion to Suppress Gps Location Data Proper Where Defendant Had Device as a Condition o
- Illinois Supreme Court Holds Entry Into Store During Business Hours for Purposes of Committing a Theft Constitutes Burglary
- E.D. N.y. Orders Suppression Hearing on Issue of Search of Company Documents, Using Justice Gorsuch’s Property Analysis From Car
- California Appellate Court Holds (Unpublished) That There Is No Legitimate Expectation of Privacy in Real-Time Cell Site Locatio
- Texas Court of Criminal Appeals Holds Third Party Doctrine Does Not Apply to the Defendant’s Blood.
- Airbnb Loses Its Fight to Keep Its Records Private From New York City
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July
- First Circuit Holds Precise Location Information Warrants Are Not Subject to Federal Tracking Device Statute
- Vermont District Court Holds Ip Address Governed by the Third-Party Doctrine
- Eastern District of Missouri Finds Search Warrant for Csli to Be Proper
- 9th Circuit Holds That Warrantless Tracking of a Parolee Is Permissible and That the Good Faith Exception Saved Warrantless Csli
- 7th Circuit Decides Border Search of Electronic Device Was Backed by Reasonable Suspicion
- New York Supreme Court (Bronx) Denies Motion to Suppress, Finding That There Was Probable Cause at the Time and That It Was Only
- Minnesota District Court holds warrant for pen register was thin, but backed by probable cause.
- Massachusetts High Court finds Defendant does not have 5th Amendment to prevent the Defendant from being forced to unlock his ph
- Montana District Court decides trap and trace order satisifies requirements of a search warrant
- Massachusetts District Court holds Carpenter does not apply to subpoena for financial records
- Eastern District of Michigan finds no ineffective assistance of counsel in 2255 petition for pre-Carpenter failure to make motio
- Fourth Circuit Decides Ineffective Assistance Was Not Established for Failure to File Motion to Suppress
- Indiana Supreme Court, on Remand From U.S. Supreme Court, Rules Against Defendant Finding Harmless Error
- District Court of Arizona Finds Subscriber Information From Internet Service Provider Covered by Third Party Doctrine
- Western District of Tennessee Magistrate Judge decides that Carpenter does not apply retroactively
- Massachusetts District Court finds exigent circumstances to defeat motion to suppress based on warrantless retrieval of real-tim
- Ninth Circuit reverses District Court’s finding that law enforcement officers did not act in good faith. Judge McKeown dissents
- E.D. New York denies motion to suppress invoking good faith exception
- Northern District of California declines to suppress search warrant based on non-good faith retrieval of Real-time CSLI, finding
- District Court of Massachusetts rejects argument that Carpenter provides additional protections for email correspondence
- Northern District of Ohio invokes third-party doctrine, permitting administrative subpoena for internet service provider subscri
- S.D. Georgia finds that Stored Communications Act order that is backed by probable cause is permissible substitute for a search
- Western District of Louisiana holds that defendant’s computer IP address is covered by the third party doctrine.
- Minnesota District Court finds exigent circumstances for warrantless real-time CSLI.
- New York State Appellate Court holds Riley v. California does not apply to opening of Defendant’s cell phone’s battery case.
- Second Circuit invokes good faith exception regarding CSLI
- 7th Circuit rules against defendant in “tower dump” case.
- June
-
May
- California appellate court finds no ineffective assistance in failure to anticipate Carpenter decision in murder prosecution.
- Northern District of Georgia invokes good faith exception regarding cell tower dump.
- Hawaii District Court invokes good faith exception despite lack of Ninth Circuit precedent.
- Northern District of Georgia decides computer Internet Protocol (“IP”) addresses are not covered by Carpenter.
- California Appellate Court upholds searches of devices as valid condition of probation.
- Seventh Circuit holds that violating geographic limitations of GPS warrant not cognizable under Fourth Amendment.
- W.D. Missouri finds good faith exception applies despite no binding precedent in Circuit.
- E. Dist of New York grants motion to dismiss on Fourth Amendment based Section 1983 lawsuit.
- Indiana Court of Appeals finds exigent circumstances in review of real-time CSLI Fourth Amendment challenge.
- E.D. Michigan rejects 2255 Petition based on ineffective assistance of counsel.
- The National Association of Criminal Defense Lawyers releases a new “compelled decryption” primer for criminal defense lawyers.
- Third Circuit finds good faith exception applies to defeat Carpenter claim.
- Nebraska Supreme Court finds good faith exception applies to defeat Carpenter claim.
- Nebraska Supreme Court finds good faith exception applies to defeat Carpenter claim.
- E.D. Louisiana holds that civil motion to quash cell phone records subpoena based on Carpenter to be frivolous.
- Oregon District Court holds eBay records fall within the third-party doctrine.
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April
- E.D. Michigan holds Riley and Carpenter are irrelevant to discovery requests for social media information.
- Texas Court of Appeals finds no expectation of privacy in real time location information based on short duration of search.
- New York Sup. Ct. denies Carpenter motion on grounds of no reasonable expectation of privacy in Defendant’s work (police dept.)
- Second Circuit finds Internet and pornography bans as conditions for supervised release improper.
- Middle District of Tennessee finds bank location records to be covered by third party doctrine and also invokes good faith excep
- N.D. of California denies application for search warrant to seize and compel opening of a cell phone finding 4th Amendment and 5
- Massachusetts Superior Court rejects ineffective assistance of counsel claim on appeal.
- 6th Circuit rejects appellate Carpenter claim finding no plain error.
- California Appellate Court denies Carpenter claim where Defendant sent message to “friend” who was really undercover officer.
- Northern District of Illinois invokes good faith exception to defeat Carpenter claim.
- New Jersey Appellate Court rejects Carpenter claim on appeal.
- 11th Circuit holds that Carpenter claims are not cognizable on successive petitions for 2255 relief.
- Illinois Appellate Court Second District applies Fourth Amendment to civil discovery order to inspect a landfill
- Southern District of New York grants injunctive relief for Air B & B and Homeaway regarding ordinance requiring disclosure of cu
- Eastern District of PA holds Defendant has no standing to raise objections to the co-defendants’ CSLI and that binding 3rd Circu
- Michigan Court of Appeals holds there’s no ineffective assistance of counsel for failing to suppress real-time CSLI pre-Carpente
- Middle District of Tennessee finds administrative subpoenas to be sufficient to get Kik Account data and IP information without
- U.S. District Court for Nebraska denies Carpenter motion finding internet service provider’s report to NCMEC was a private searc
- Indiana appellate court upholds warrantless retrieval of real-time CSLI based on exigent circumstances
- Ohio appellate court holds that it is too late to bring a Carpenter violation to the court’s attention in the appellate reply br
- Western District of New York invokes good faith and waiver, stating that bring a Carpenter claim at post-trial motions is too la
- Western District of New York invokes good faith and waiver, stating that bring a Carpenter claim at post-trial motions is too la
- Western District of New York invokes good faith and waiver, stating that bring a Carpenter claim at post-trial motions is too la
- Fourth Circuit invokes exigent circumstances for seizure of cell phones from the defendant at the police station and the good fa
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January
- California appellate court admits text messages despite lack of probable cause through independent discovery doctrine and affirm
- District Court finds intrusion upon seclusion and invasion of privacy claims survive summary judgment when defendant (allegedly)
- Texas Court of Appeals holds that search of contraband cell phone in halfway house was reasonable.
- Maryland Federal District Court upholds search warrant for Twitter account and holds CSLI is admissible pursuant to good faith e
- Maryland District Judge denies habeas relief for Government use of Stingray, conflating the device with third party CSLI.
- Minnesota District Court finds search warrants for cell tower dumps were proper.
- District Court for New Mexico holds that Carpenter does not apply to telephone subscriber information.
- E.D. Michigan invokes 6th Circuit Carpenter decision to defeat Carpenter claim at post-trial motions.
- 11th Circuit denies plain error claim where detention hearing made clear law enforcement had a warrant for phone records.
- Motion to suppress search warrant findings on first post-Carpenter Instagram case denied.
- S. Dist. California finds Yahoo and Facebook investigations to be private searches in child exploitation prosecution. Also finds
- Maryland District Court applies principles of Jones and Carpenter to the tort of intrusion upon seclusion.
- U.S. District Court for Middle District of Tennessee rules that officers can seize a phone incident to a lawful narcotics arrest
- N.Y. Supreme Court decides pen register order supported by probable cause permitted CSLI acquisition.
- Southern District of New York invokes good faith exception to a pre-Carpenter CSLI acquisition.
- Texas Court of Appeals upholds warrant for contents of phone recovered during narcotics traffic stop.
- Nebraska District Court holds Motel Guest Registries are governed by the third-party doctrine and remain unaffected by Carpenter
- E.D. PA finds no ineffective assistance on Carpenter claim based on standing.
- Houston District Court finds bad faith where Government obtained warrant for information they already had.
- S.D. of N.Y. invokes good faith exception because Stored Communications Act was not “clearly unconstitutional.”
- E.D. PA finds no ineffective assistance on Carpenter claim based on standing.
- Northern District of Indiana finds that real-time CSLI acquistion was made in good faith.
- Delaware District Court finds no standing to contest search of CSLI data for the phone known as “heroin phone.”
- Houston District Court finds bad faith where Government obtained warrant for information they already had.
- I received papers in the mail saying I’ve been indicted by a Grand Jury after I won my case at a Preliminary Hearing. This must
- Bill Wolf Will Be Speaking at the Criminal Defense Attorneys of Michigan Forensic Conference on March 1
- What happens after one gets arrested in Illinois for a warrant from another State?
- N.p.r. Details Expansion Of, and Problems With “Ballistic Fingerprint” Database.
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December
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2018
- December
-
November
- A Disturbing Feature Which Demonstrates What Lengths Prosecutors Will Go to to Avoid Dna Testing.
- Vocal Risk Assessment Is a Junk Science That Might Catch On Anyway.
- Washington Post Features 50 Year Old Murder “Solved” Through Dna Testing.
- Arizona Is Using Faulty Forensics to Try to Execute a Man That They Have No Business Keeping In Custody, Much Less Killing.
- An interesting piece regarding law enforcement use of Network Information Technique
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October
- 10th Circuit remands cases back to District Court after Supreme Court remand.
- Minnesota District Court invokes good faith exception to deny Carpenter relief.
- Third District Appellate Court Reverses Sex Offender Registration Conviction
- Nevada District Court seemingly expands the good faith exception to deny Carpenter relief.
- E.D. Michigan cites Carpenter to hold that a spreadsheet is an admissible business record
- Georgia Appellate Court reverses and remands for more hearings regarding scope of consent to search a phone.
- Southern District of Georgia invokes good faith exception to deny a motion for a new trial.
- Viriginia Court of Appeals, after remand from the United States Supreme Court, invokes good faith exception to deny Carpenter re
- California Court of Appeals affirms search of computers and electronic devices as valid condition of probation.
- Texas Court of Criminal Appeals orders briefing schedule on case remanded by U.S. Supreme Court.
- What is an appeal of a conviction and sentence and how does the process work?
- Facebook has your location data, when will they give it to law enforcement?
- E.D. of Wisconsin sanctions law enforcement’s use of your neighbor’s property to install surveillance cameras.
- The Third Party doctrine and Carpenter are colliding with DNA identifications.
- A New York Criminal Court weighs in on the first post-Carpenter Instagram case.
- 5th Circuit rules Internet Protocol addresses fall within third party doctrine.
- The need for the criminal defense lawyer to understand “the internet of things” is highlighted by the New York Times.
- Kansas District Court grants Motion to Suppress based on search warrant for Facebook information.
- What happens when the Government orders Amazon or Facebook to turn your camera on?
- E.D. Penn. District Court invokes pre-existing Third Circuit precedent to invoke good faith exception.
- Texas Panel Faults Forensic Scientist for Overstating Findings.
- What is a State Post-Conviction Petition and how does the process work?
- Federal Government advocates legality of G.P.S. tracking at the border.
- Federal Government advocates legality of G.P.S. tracking at the border.
- Law enforcement claims they solved murder case through Fitbit data.
- Feds compel use of facial recognition from suspect to open I Phone X
- N. Y. Supreme Court, App. Division finds exigent circumstances for real-time CSLI
- NY. District Court, following Zodhiates decision, invokes good faith exception to defeat Carpenter claim.
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September
- What is discovery in a criminal case and how does it work into a case?
- Northern District of Illinois invokes good faith exception.
- Delaware Court Grants Motion to Suppress CSLI
- Second Circuit finds good faith exception applies in case U.S. Supreme Court ordered remanded in light of Carpenter.
- New York Times features Opinion Piece on the Dangers of DNA Testing
- I have more than one felony case. If I am found guilty on both, and I am sentenced to prison, can I serve both sentences at the
- This piece of fiction is worth reading for criminal defense lawyers who protect the 4th Amendment
- A prosecutor’s take on Carpenter v. United States.
- Texas Court of Appeals orders remand on Carpenter claim in capital murder case.
- Florida Court of Appeals orders new trial and suppression of CSLI, rejecting good faith argument.
- Florida Appellate Court affirms use of CSLI order based on finding of probable cause, but also affirmed suppression of Stingray
- Florida Appellate Court affirms use of CSLI order based on finding of probable cause, but also affirmed suppression of Stingray
- 4th Circuit again denies Carpenter claim based on good faith exception.
- Massachusetts Supremes finds probable cause in affidavit for search warrant for cell site location information.
- E. D. Penn. denies Carpenter claim based on good faith exception.
- U.S. Dist. Ct. for E.D. Michigan finds good faith exception applies, defeating Carpenter claim.
- 7th Circuit finds good faith applies despite the lack of any binding Circuit precedent.
- California Appellate Court holds searches of smartphones are a proper condition of parole.
- U.S. Dist. Ct. for E.D. Wisconsin holds Carpenter does not apply to installed surveillance cameras.
- Indiana Appellate Court upholds 5th Amendment privilege in response to court ordering unlocking of phone
- District Court for E.D. WI holds that pole camera surveillance of Defendant’s residence does not constitute a search.
- Second Circuit decides another Carpenter case, seemingly expanding the good faith doctrine.
- District Court of Connecticut finds good faith despite lack of controlling precedent in the Circuit.
- 7th Circuit decides collection of electricity data constitutes a search and rejects third-party doctrine claim.
- Third Circuit Court of Appeals rules defendant had no standing to raise a Carpenter claim.
- U.S. Dist. Ct. invokes 6th Circuit Carpenter decision to defeat a Carpenter claim based on good faith.
- New York Supreme Court Appellate Division holds search of phone to look for incriminating photographs improper
- 11th Circuit decides good faith exception applies based on pre-existing 11th Circuit precedent.
- U.S. Dist. Ct. for M. D. Penn. declines to apply Carpenter because good faith exception and a previous finding of Probable Cause
- U.S. Dist. Ct. for E.D. Michigan invokes good faith exception to defeat Carpenter claim
- Central District of Illinois Carpenter does not apply to pole cameras placed in public places to conduct surveillance of Defenda
- United States District Court for the District of New Mexico invokes good faith and inevitable discovery exceptions to allow use
- United States District Court for the Middle District of Tennessee rules Defendant had no standing, rejecting Carpenter claim.
- Northern Dist. Ga. orders more proceedings to decide scope of good faith exception.
- Massachusetts Appellate Court invokes exigent circumstances for obtaining real time CSLI
- Why are witnesses asked to give statements by police and prosecutors? Doesn’t giving a statement mean I don’t have to testify in
- NY Supreme Court Appellate Division finds standing, but also finds exigent circumstances applied to warrantless search of CSLI a
- 7th Circuit affirms conviction regarding CSLI, finds no good cause under FRCP for failure to raise the issue.
- 2nd Circuit reverses suppression of GPS data by Judge Weinstein (NY)
- What is a perjury trap and why you need a lawyer when served with a Grand Jury subpoena.
- Can a teenager be prosecuted for having sex with another teenager?
- 11th Circuit upholds vitality of Miller decision in IRS investigation regarding bank records
- Maryland Court of Appeals remands law enforcement use of stingray for good faith hearing
- California Court of Appeals upholds search of cell phone as proper condition to juvenile probation
- D.C. Circuit Court of Appeals declines to extend Carpenter to the sharing of Facebook information with a third party
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August
- U.S. Dist. Ct. for Connecticut denies suppression motion regarding Defendants’ Facebook pages, citing good faith exception.
- U.S. District Court for Southern Dist. of Indiana invokes good faith exception despite any controlling 7th Circuit precedent
- Tennessee Court of Criminal Appeals holds Carpenter violation moot due to harmless error.
- U.S.D.C. for E.D. Mich. invokes good faith exception despite absence of controlling case law
- The U.S. D.C. for N.D. California invokes Carpenter in part to suppress fruits of use of stingray.
- U.S. D.C. for N.D. Georgia invokes good faith exception to defeat Carpenter claim
- California Supreme Court invokes harmless error rule in capital case regarding phone records
- 4th Circuit Court of Appeals invokes Good Faith exception to defeat argument warrant was required
- Indiana Court of Appeals holds text messages of purported drug dealer based on warrant admissible. Warrant for cell phone follow
- Georgia Appellate Court, Fourth Division holds that there is no reasonable expectation of privacy in the data contained in your
- Analysis of Justice Gorsuch’s pseudo-dissenting opinion
- Analysis of Justice Alito’s dissenting opinion
- U.S. Dist. Ct for N.D. California invokes Good faith exception to defeat Carpenter claim
- D.C. District Court Sets Standard to Compel the Unlocking of a Phone at Reasonable Suspicion
- Happy 60th Birthday to the National Association of Criminal Defense Lawyers
- The Illinois Supreme Court Overrules McFadden in a Termination of Parental Rights Case.
- Cases remanded in light of the Carpenter decision and a note on the direction of this blog
- John Oliver’s Take on Prosecutors
- 1st District Appellate Court Reverses de Facto Life Sentence for Defendant With Intellectual Disabilities
- Analysis of Justice Thomas’ dissenting opinion
- Another take on the Carpenter decision and “real-time” CSLI
- What is a Violation of Probation Hearing?
- Discussion of Justice Kennedy’s dissent
- New York Law Journal Column analyzing the Carpenter Majority Opinion
- U.S. Supreme Court holds that cell phone site location technology requires a warrant in Carpenter v. United States
- The Law Office of William Wolf, LLC announces new “Carpenter blog”
- Illinois Supreme Court Reverses Finding That Minor Is Constitutionally Entitled to a Jury Trial
- June
- May
-
April
- Statement Regarding United States Supreme Court Decision in United States v. Rod Blagojevich
- Seventh Circuit Affirms Sentencing Analysis Using Guideline Departure Factors as Consideration in Fashioning Sentence
- First District Appellate Court Holds Motion to Suppress Statements Should Have Been Granted, Reversing a First Degree Murder Con
- First District Appellate Court Upholds Murder Conviction Where Defense Was Barred From Presenting Evidence of Defendant’s Epilep
- Seventh Circuit Reverses District Court’s Denial of 2255 Motion and Remands for a Hearing on Ineffective Assistance of Counsel
- U.S. Supreme Court Holds Police Officer Who Shoots Woman Holding a Knife Is Entitled to Qualified Immunity
- 1st District Appellate Court Reverses Conviction Based on Hearsay Use of Cell Phone Historical Site Analysis
- Illinois Supreme Court Rejects Miller Claim on Successive Post-conviction.
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March
- Illinois Supreme Court Grants Mandamus Relief Over Imposition of Incorrect Term of Mandatory Supervised Release
- Seventh Circuit Reverses District Court’s Determination of Marital Property for Purposes of Federal Criminal Restitution by Husb
- Second District Appellate Court Upholds Suppression of Evidence of Homicide Despite Search Warrant
- United States Supreme Court Reverses Tax Conviction, Placing Significant Restrictions on the Government’s Use of the Omnibus Cla
- 7th Circuit Denies Habeas Relief in Sex Abuse Case Where Courts Used Rape Shield Law to Bar Prior Evidence of Relationship Betwe
- Seventh Circuit Holds Defendant Did Not Invoke His 6th Amendment Right to Counsel
- United States Supreme Court Unanimously Reverses Fifth Circuit Habeas Precedent in Death Penalty Case in Condemned Prisoner’s Re
- The Seventh Circuit Upholds Suppression, Determining That Officers Prolonged Traffic Stop.
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February
- Third District Appellate Court Upholds Denial of Motion to Withdraw Guilty Plea
- Second District Appellate Court Rejects Contention That Murder Sentence Was Void.
- First District Appellate Court Holds Sora Survives Constitutional Challenge From Unfit Defendant
- First District Appellate Court Rejects Miller Claim on Second Post-conviction Petition.
- Second District Appellate Court Decides There Was Proof Beyond a Reasonable Doubt That Defendant Knew Parcel Received in the Mai
- Second District Appellate Court Suppresses Wiretaps, Finding Widespread Insufficiency With Requests Made by Assistant State’s At
- Seventh Circuit Finds No Collateral Estoppel When Jury Acquits of Murder and Then Judge Convicts in Subsequent Bench Trial of Ar
- The Seventh Circuit Upholds Restrictions in Calling Defense Mitigation Witnesses at Sentencing.
- United States Supreme Court holds that a guilty plea, by itself, does not bar an appeal based on the constitutionality of the st
- Third District Appellate Court Holds That Krankel Hearing Process Is Appropriate for Accusations of Unreasonable Assistance of P
- First District Appellate Court Affirms Armed Violence Conviction, Rejecting the Defense Argument That He Can’t Be Convicted if H
- Seventh Circuit Declines to Reverse Deportation Proceedings for Jamaican Where Predicated on Misdemeanor Domestic Battery Convic
- Seventh Circuit Holds That One Does Not Have the Right to Sue to Force the Chicago Police to Remove False Entries Re: Criminal H
- First District Appellate Court Affirms Police Procurement of Blood Despite Unconstitutionality of Statute Based on Good Faith Ex
- Second District Holds Prior Inconsistent Statement Inadmissible, but Harmless. Also Holds That Unlawful Possession of a Firearm
- Illinois Supreme Court decides no actual conflict of interest existed in dual law school clinic representation.
- Illinois Supreme Court Reverses Appellate Court’s Refusal to Decide Ineffective Assistance of Counsel Claim
- Illinois Supreme Court Invalidates Unlawful Use of a Weapon Statute Within 1000 Feet of a Park as Violative of the Second Amendm
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January
- Illinois Supreme Court Invalidates State’s Attorney’s Personal Drug Interdiction Force
- Illinois Supreme Court Clarifies the Meaning of Plain Error in Zehr Jury Selection Violation Case.
- Second District Appellate Court Upholds Counsel Pursuing Monetary Judgment Only on Direct Appeal.
- Third District Appellate Court reverses burglary conviction.
- First District Appellate Court Affirms Attempt Murder Conviction
- First District Appellate Court Reverses One Aggravated Unlawful Use of Weapon Count and Affirms the Others
- Illinois Supreme Court reverses sex offender registration conviction
- Seventh Circuit Denies Habeas Relief. Proof That Trial Attorney Suffered From Mental Illness and Was Subsequently Disbarred by I
- Illinois Supreme Court Bars Use of Medical Conditions That “May” Have Caused Impairment in Aggravated Dui Drug Prosecutions
- Seventh Circuit Reverses Plea Deal, Finding Plea Not Knowing or Voluntary and Rejects Waiver in Plea Agreement.
- First District Appellate Court upholds murder conviction, finding forfeiture by wrongdoing
- Second District Illinois Appellate Court Reverses Denial of 1st Stage Post-conviction Petition That Claimed Ineffective Assistan
- The First District Appellate Court Holds That During a Motion to Withdraw Guilty Plea, Counsel’s Certification Must Cover Both t
- First District Appellate Court Rules No State Action on Forced Catheterization of Defendant in Dui Prosecution and No Speedy Tri
- Second District Illinois Appellate Court Holds Defendant Should Have Been Allowed to Go Pro SE.
- U.S. Supreme Court Holds That Probable Cause Existed to Arrest Partygoers for a Trespass-Type Charge.
- Seventh Circuit Decides Probable Cause Existed to Support a Warrant
- Illinois Supreme Court Issues Revised Drew Petersen Opinion
- Illinois Supreme Court Holds That Armed Violence and Armed Habitual Criminal Convictions Do Not Constitute “One Act, One Crime”
- Illinois Supreme Court Finds Felony Murder Count of Indictment Was Not So Vague as to Require Dismissal.
- Illinois Supreme Court Holds “Bare Bones” Post-trial Pro-SE Assertion of Ineffective Assistance of Counsel Triggers a Krankel In
- Illinois Supreme Court Reverses and Remands a Second Degree Murder Adult Sentence for a Juvenile and Grants a New Hearing.
- Illinois Supreme Court holds in first criminal case of 2018 that statute of limitations barred State’s ability to re-file non-Ag
- First District Appellate Court Upholds Murder Conviction; Cell Phone Historical Site Data Does Not Require a Frye Hearing
- 7th Circuit affirms conviction that was challenged on sufficiency of the evidence.
- First District Appellate Court Upholds Home Invasion/Sex Assault Conviction. Calling the Police “Superheroes” Is Improper.
- State Challenges Legal Authority of Appellate Court to Order Remand to a Different Trial Judge, and Loses in Case With Improper
- First District Appellate Court Reverses Resisting a Police Officer Conviction for a New Trial and Urges the State to Consider Dr
- Second District Appellate Court Vacates Restitution Order for Amount That Exceeded Verdict.
- First U.S. Supreme Court Criminal Case Decided in Favor of Defendant in Capital Case.
- Third District Appellate Court Remands for Additional 2-1401 Proceedings
- Third District Appellate Court Orders New Post Conviction Evidentiary Hearing
- Third District Illinois Appellate Court Reverses Agg Dui Conviction
- First Seventh Circuit Criminal Case of 2018 Is In: A Violation by a Judge of 11(C)(1) Does Not Automatically Create a Due Proces
- First Illinois Criminal Case of 2018: Appellate Court Affirms Murder Conviction Where Only Eyewitness Recanted at Trial
- Chief Justice’s Report makes special mention of sexual harassment in the judicial workplace.
-
2017
-
December
- This Office Has Just Signed On to Be a Member of Nacdl’s First Amendment Strike Force and Mass Defense Unit
- Seventh Circuit Holds That Indiana Class B Burglary Is an Acca Enhancement Qualifier
- Seventh Circuit Vacates Conspiracy Counts on Double Jeopardy Principles
- Attorney William Wolf Took Part in Nacdl Predictive Policing Task Force Meeting
- Seventh Circuit Rejects Vagueness Challenge to Acca Sentence in Collateral Attack
- Seventh Circuit Orders Re-Sentencing Finding Error in Applying Enhancement Based on Supervisory Role
- Illinois’ Residential Burglary Statute Qualifies as a Burglary for Armed Career Criminal Act Enhancement Purposes.
- Seventh Circuit Holds That When a Substantive Offense Would Be a Violent Felony Under Acca, an Attempt to Commit That Offense Al
- Iacdl Amicus Brief in United States v. Blagojevich Is on File.
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November
- First District Appellate Court Reverses Conviction for Threatening a Cook County Judge
- 7th Circuit Upholds Dismissal of Federal Habeas Corpus Petition Because It Was a “Mixed” Petition.
- 7th Circuit Affirms Conspiracy and Gun Possession Conviction, Rejecting Entrapment Defense in a “Stash House Sting”
- Seventh Circuit Finds Failure to Swear Venire in Promptly During Voir Dire to Be Harmless, Non-structural Error.
- Seventh Circuit Holds That District Court Can Order Defendant to Remain in the District as a Supervised Release Condition
- Third District Appellate Court Reverses Improper Police Expert Testimony
- 3rd District Appellate Court Holds There’s No Jurisdiction to Decide Fines/Fees Entered After Defendant Files Notice of Appeal
- Third District Appellate Court Affirms Dismissal of 2-1401 Petition on Jurisdictional Grounds Only
- Seventh Circuit Affirms Dismissal of “Go Topless” Lawsuit Against City of Chicago
- Illinois 1st District Appellate Court Adopts “Strickland-Type” Standard for Retained First Stage Post-conviction Counsel
- Illinois Supreme Court Holds Minor Can Be Sentenced to Djj for Misdemeanor Violation of Probation Despite Statute
- Third District Appellate Court Affirms New Trial After Post-conviction Hearing Based on Brady Violation in Infamous Del Prete Ca
- Seventh Circuit Upholds Constitutionality of Animal Enterprise Terrorism Act
- 7th Circuit Holds Delivery of a Controlled Substance Under Illinois Law Qualifies as Federal Career Offender Enhancement
- Seventh Circuit holds guilty plea transcript details not subject to judicial notice
- U.S. Supreme Court Reverses 7th Circuit on Issue of Jurisdiction to Hear an Appeal
- IL 2nd District Appellate Court Orders New Trial for Failure to Give Lesser Instruction of Theft in a Burglary Case
- IL 4th District Appellate Court upholds denial of entrapment instruction
- IL 1st District Appellate Court Upholds Aggravated Battery Conviction
- Third District Appellate Court Reverses Escape Conviction
- 3rd District Upholds Denial of Petition to Rescind Summary Suspension in Dui
- IL Fourth District Appellate Court Orders New Hearing on Withdrawal of Guilty Plea
- United States Supreme Court Holds Lack of Memory of the Offense Not a Clearly Established Basis to Prevent Execution
- Seventh Circuit Holds That Wisconsin State Court Finding That Suppressed Brady Evidence Wasn’t Material Not Against Clearly Esta
- Seventh Circuit Upholds Convictions and Sentences in Wire Fraud. Challenges to Instructions and Sentencing Enhancements Rejected
- United States Supreme Court Holds Habeas Defendant Is Not Entitled to Specific Enforcement of a Plea Agreement
- First District Appellate Court Reverses Aggravated Battery Conviction
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October
- What is a Sentencing Hearing?
- What is a Criminal Defense Lawyer’s Job at a Sentencing Hearing?
- What is a Preliminary Hearing?
- What is a Grand Jury?
- Do I Need a Lawyer if I am the Target of a Grand Jury Investigation?
- What is a Lineup?
- What is a Lineup?
- Can I Have My Lawyer Present During the Police Lineup?
- Do I Need a Lawyer if I am Being Held at a Police Station?
- What is an Arrest Warrant?
- Do I Need a Lawyer if I Have a Warrant for My Arrest?
- What Is a Search Warrant?
- Do I Need a Lawyer if I’ve Been Presented with a Search Warrant or a Search is Taking Place Due to a Search Warrant?
- Do I Need a Lawyer for the Bond Hearing?
- Do I Need a Lawyer for the Bond Hearing?
- Are Bail Bondsmen Used in the State of Illinois?
- What is a Bond Hearing or Bail Hearing?
- Do I Need a Lawyer if I Receive a Grand Jury Subpoena?
- What is a Pre-Trial Motion?
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December
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