Upcoming Cases of Interest

19 01 2017

There are a few cases that have been submitted recently that present interesting issues.

Adam Lane v. State – This case deals with the intersection of knock and announce requirements with parole search waivers.  The question is whether a parole officer has to knock and announce when he is executing a search of a parolee, and if so, whether the exclusionary rule applies.

State v. Christopher Martin – The State is appealing the trial court’s grant of a judgment of acquittal after suppression of all of the evidence after the State rested.  The State is arguing that the suppression of the evidence, even if correct, does not entitle the defendant to a judgment of acquittal.  On that point, the State is correct.  However, the true test for the Court will be whether it addresses the merits.  The State never made that argument to the trial court.  If the Court addresses the merits, then there will be numerous citations to this case in the future from defendants that have preservation issues.

Alvin Ray Williams v. State – The Court previously granted a request to recall the mandate to allow Williams to move forward with an error coram nobis petition based on a Brady violation in his murder conviction.  Upon remand to the trial court, the trial court entered an order dismissing the petition without any findings of fact, conclusions of law, or a hearing.  Based upon case law it seems mandatory that the trial court conduct a hearing after the mandate is withdrawn.

Schnarr v. State – This was previously written about here.

Richard Schreck v. State – This is from a grant of a petition for review. The Court of Appeals affirmed.  Justice Wood voted to deny the review; thus, it is likely Shreck is down one vote. This case tests the limits of what can be introduced at sentencing phase.  Here, the State introduced evidence that Schreck chatted about “snuff” films involving a female being killed for sexual purposes.

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