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Norris V. Cape Elizabeth School District (1st Cir.

Dispatch also advised the officer that Green was on supervision following convictions for burglary and drug possession and that Green was known to be armed. The officer requested Green for consent to go looking the automobile but Green declined, telling the officer that the automotive belonged to his girlfriend, Katherine Gooch.

, Art. 1, 7 to require the State to affirmatively demonstrate that the subject of a consent search knew that he had a right to withhold his consent and that his determination could be respected by the authorities. This is the plain implication of our choice in State v. King, supra, after we spoke in terms of consent freely and intelligently given. An intelligent choice presupposes an awareness of all of the obtainable alternatives.

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Treatises are scholarly publications that present in depth coverage of a broad area of legislation, similar to criminal procedure or household law. The term is broadly applicable to books written for training attorneys, textbooks, or books written for nonlawyers. They usually present citations to key instances and articles and might help you establish narrower … Read More

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Criminal Procedure Sentencing Prayer For Judgment Continued

The trial court docket erred by failing to sua sponte inquire into the defendant’s competency. The trial court also asked the defendant about her capability to learn and write and whether she understood the fees in opposition to her. However, this inquiry pertained only to effects of the ache medication. More importantly, it was not timely on condition that the defendant’s refusal to return to the courtroom and resulting outbursts occurred two days later. The court docket remanded for a dedication of whether or not a significant retrospective competency listening to might be held.

In this ordinary larceny case the place the defendant was sentenced as a recurring felon, the defendant didn’t establish that his trial counsel didn’t have authority to stipulate to the prior convictions used to raise his charge to ordinary larceny. Citing a previous decision, the courtroom explained that a defendant’s attorney might stipulate to a component of a charged crime and that an lawyer is presumed to have the authority to behave on behalf of his or her shopper throughout trial, including while stipulating to parts. The report on this case did not present that the defendant’s legal professional acted with out his authority with regard to the stipulation. The trial court didn’t err by permitting offensive collateral estoppel to ascertain the underlying felony for the defendant’s felony homicide conviction.

The trial court docket afforded the defendant a possibility to have a forensic examination carried out during trial but … Read More