The goal of any police interrogation is to get a confession. Police do not interrogate people they believe to be innocent. There is a long history of people confessing to committing crimes they did not commit. In Nebraska, one need look no further than the Beatrice 6 or the Mathew Livers case to see evidence …
Prosecutorial Misconduct
If the police violate a citizen’s constitutional rights, the evidence unlawfully obtained is not admissible in court. Often when a judge suppresses the illegally obtained evidence, the defendant wins the case. Thus because law enforcement officers understand that their misconduct may cause the suspect to go free, they are deterred from violating that suspect’s rights. …
First Visit With an Attorney: When To Do So and What Happens During the Visit
Attorneys rarely see people at their best. Typically, there is a problem, be it a crime, injury, contract dispute, trouble dispersing a deceased loved one’s assets, etc, and talking to an attorney is seen as a “last resort” in order to solve the problem. Often, however, had the client come in when the problem was …
A Lawsuit Up in Smoke?
About States of Nebraska and Oklahoma v. State of Colorado As you are probably aware, the State of Colorado legalized (to a certain extent) the recreational use of marijuana, and the associated marijuana industry. Legalization occurred through an amendment (Amendment 64) to the Colorado Constitution, which voters approved in November, 2012. The first stores selling recreational …
Reasonable Expectation of Privacy
The warrant requirement of the Fourth Amendment of the United States Constitution is still alive in the State of Nebraska. In a December, 2014 Nebraska Supreme Court decision, the Court made it clear that the state must follow Federal Court rulings noting that the warrantless search exceptions recognized in the State of Nebraska do not …
Ferguson, Eric Garner, and Grand Juries in Nebraska
With recent events in Ferguson, MO and with Eric Garner in Staten Island, NY, the term “grand jury” has become a much-discussed topic. There has been confusion as to the composition and purpose of a grand jury. Before getting to the topic of grand juries, however, it is important to give a brief overview of …
The Under the Legal Limit DUI Arrest
While state DUI laws vary, most states prohibit driving with a blood alcohol content (BAC) is greater than .08 grams of alcohol per deciliter of your blood, OR while under the influence of any drug, or alcohol. Many people operate a vehicle relatively soon after drinking (like after last call when the bar closes) and …
Excellence in the Courtroom
Athletes and soldiers achieve excellence through training. In sports, practice is crucial. In the military, battle drills and rehearsals are used to prepare for combat. Any endeavor in which excellence is expected, that requires constant training. This is no different for lawyers. While most states have continuing legal education requirements that mandate attorneys to participate …
Nebraska Forfeiture Cases on the Rise
Years ago, I heard a State Trooper testify that on Interstate 80 drugs travel East and money travels West. Back then, most interstate drug stops involved drugs such as marijuana, methamphetamine, cocaine, and heroin destined for cities such as Chicago, Minneapolis, New York, or Washington DC. While we are still regularly contacted by individuals stopped …
The Constitutional Right to Confront Accusers Still Exists in Sexual Assault Cases
In the recent case in State vs. Lavalleur, the Nebraska Supreme Court found that the defendant was denied his constitutional right to confront the alleged victim when the court prevented him from asking the victim about a relationship in which she was involved when she made the rape allegation. In Lavalleur, the defendant sought to …
- « Previous Page
- 1
- …
- 65
- 66
- 67
- 68
- 69
- …
- 71
- Next Page »