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Tag Archives: Criminal Practice

Criminal Practice – DWI – Traffic Stop – Miranda (access required)

State v. Braswell Since traffic stops are not “custodial interrogations,” they are not subject to the mandates of Miranda. Therefore, the trial court did not err by denying defendant’s motion to suppress (1) the statements he made before being advised of his Miranda rights and (2) the results of his field sobriety tests that were performed before defendant was advised of his Miranda rights.

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Criminal Practice – Armed Robbery – Evidence – Out-of-Court Statement – Corroboration – Constitutional (access required)

State v. Mason When a police officer testified about the victim’s statements at the scene of the crime, the trial court instructed the jury that the testimony was being admitted for corroborative purposes only. Since the testimony was not admitted to prove the truth of the matters asserted, defendant’s constitutional right to confront the witnesses against him was not implicated.

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Criminal Practice – “Violent Crime” – Fact-based vs. Element-based – Assault with Deadly Weapon – Involuntary Commitment (access required)

In re Murdock Where authorities sought defendant’s involuntary commitment after he resisted arrest and reached for a nearby firearm, the trial court rightly relied on a fact-based definition of “violent crime” in assessing the commitment. Defendant, sitting on his porch drinking a beer, fled into his home when police arrived to serve a trespassing warrant on him. Defendant tussled with officers and appeared to be reaching for a gun in an open lock box in the room to which he fled. As a result of the incident, defendant was charged with possession of a firearm by a felon and misdemeanor resisting an officer.

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Criminal Practice – Guilty Plea – Appeal Waiver – Sentencing (access required)

U.S. v. Davis A defendant who was incorrectly advised that he faced a 10-year maximum sentence on a firearm charge, instead of the correct 15-year mandatory minimum for a career offender, did not knowingly and intelligently waive his right to appeal in his plea agreement; the 4th Circuit declines to enforce the appeal waiver but nevertheless affirms the enhanced sentence.

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