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May 2012 Archives

A Discussion of U.S. v. Jones: A New Supreme Court Search Opinion

In U.S. v. Maynard, 615 F.32d 544 (D.C.Cir. Aug. 6, 2010) (P&J, 08/09/10), the D.C. Circuit considered the joint appeals of Lawrence Maynard and Antoine Jones who were convicted of a conspiracy to possess and distribute substantial amounts of cocaine and cocaine base. Although both defendants raised a number of issues in common, Jones alone argued that his conviction should be overturned because the police violated the Fourth Amendment prohibition of "unreasonable searches" by tracking his movements 24 hours a day for four weeks with a GPS device they had installed on his Jeep without a valid warrant. The police then used the evidence they gathered from that device to convict Jones.

What Are Post-Convictions Motions?

Post-convictions motions are not appeals but they are very similar. Post-convictions motions generally fall into two categories: 1) a motion to correct an illegal sentence or 2) a motion for ineffective assistance of counsel. This article will discuss ineffective assistance of counsel motions.

Supreme Court of the State of Florida Heard Drug Law Argument

In September of 2011, the Second District Court of Appeal issued an order asking the Florida Supreme Court immediately to resolve an issue that has sprung up in courtrooms statewide in recent months: whether Florida's Drug Abuse Prevention and Control law violates the due process clause of the U.S. Constitution's 14th Amendment. Argument was heard before the State of Florida's top court in December. A ruling is expected soon.

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