5A

Commonwealth v. Briggs (U)

The circuit court properly concluded that the defendant should have received Miranda warnings before he was questioned by a private prison investigator while incarcerated. The defendant was subjected to substantial restraints on his liberty in addition to those he experienced… Read More ›

United States v. Scott (U)

The defendant’s indictment for conspiring to possess with intent to distribute cocaine violated the Double Jeopardy Clause. The trial court should have granted his motion to dismiss, and his conviction and sentence must be vacated. The time frame of the… Read More ›

United States v. Abdallah (P)

The district court reversibly erred in refusing to suppress inculpatory statements the defendant made during a custodial interrogation, and also in not conducting an in camera review of confidential law enforcement records requested by the defendant when he established that… Read More ›

United States v. Saravia-Chavez

An indictment will stand charging the defendant with illegally re-entry of the United States. Although the initial notice to appear at removal proceedings lacked the time, date, and place, the defendant received subsequent notice of these details, attended his deportation… Read More ›

Hall v. Commonwealth (P)

The trial court didn’t err in refusing to dismiss the defendant’s indictment for possession of a firearm by a convicted felon. Her voluntary decision to request that charges against her be severed benefited her because it kept the Commonwealth from… Read More ›

United States v. Camara (P)

The court affirmed the appellant’s convictions arising from his participation in a scheme to resell luxury vehicles using stolen identities. The appellant’s indictment charged him with conspiring “with Ray Ekobena and others, known and unknown,” to violate three different federal… Read More ›

Secret v. Commonwealth (P)

The court upheld the defendant’s convictions for arson of an occupied dwelling and nine counts of attempted first-degree murder. The circuit court didn’t err in denying the defendant’s motion to suppress his confession, given after he waived Miranda rights properly read… Read More ›

Commonwealth v. Rhodes

In a probation revocation proceeding, the defendant was not placed in an “unreasonable” position of lying or being punished for his silence. To rely on the Fifth Amendment rights against self-incrimination, he had to invoke it, which he never did…. Read More ›

Commonwealth v. Barrington

Although a juvenile defendant initially invoked his right to counsel post-Miranda, he knowingly and intelligently waived the right by asking to talk to a detective after speaking with his mother. The detective had facilitated the phone call with the defendant’s… Read More ›