Nc arrest record for gary ahrens

The district court disagreed based on the separate sovereign interpretation set forth in Abbate v. United States. The Supreme Court affirmed. The dual-sovereignty rule. Ginsberg and Gorsuch dissent. Palacio was convicted of first-degree murder under theories of premeditation and felony murder, attempt to commit first degree murder, criminal discharge of a firearm, and conspiracy to commit aggravated battery after shooting into a vehicle.

He alleged, among other things, that officers violated his Miranda rights. He contended that officers violated his rights because they continued interrogating him after he asked for a lawyer or, in the alternative, that his confession was involuntary because the police used coercive tactics. The Supreme Court disagreed. It found that after Palacio invoked, the officers merely made non-interrogational declarative statements do you have any felony convictions meant to inform Palacio of the reasons he and his girlfriend were in custody, or they were questions that did not otherwise concern Palacio's involvement in or knowledge of the crimes the officers were investigating.

It reasoned the officers were not offering any information for Palacio to consider or to pressuring him to change his mind. Consequently, the comments and questions were not interrogation and they did not violate Palacio's Fifth Amendment rights. And because the officers did not continue to interrogate Palacio after he invoked his right to counsel, Palacio was free to waive his previously invoked right and speak with the officers, which he did.

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Palcio invited the officers to sit down and to speak without an attorney present. The Court concluded he "showed a desire. The officers spoke to the defendant in a polite and conversational tone. The officers did not at any time threaten, coerce, or engage in deceptive practices during the interview.

No promises or threats were made. One of the officers told Palacio what he and his girlfriend would be charged with, so they would be aware of the charged.

He also indicated that the reason for the question about the felony conviction was because he was trying to determine if Palacio would also be charged as a felon in possession of a firearm or would be prohbited from possessing a firearm as someone addicted to drugs. The officers did not tell any untruths. Their statements could be perceived as threats—subtle hints that Palacio and his girlfriend are already in trouble and should talk to the officers.

But the officers never explicitly threatened Palacio or promised to help him if he talked. Timbs v. The Indiana Supreme Court reversed, finding that the U. Supreme Court had never clearly incorporated the Eighth Amendment against the states under the Fourteenth Amendment. The court also ruled that the state had proven its entitlement to forfeit the Land Rover under state law.

The Supreme Court said yes, and remanded for further proceedings. The prohibition against excessive fines is "fundamental to our scheme of ordered liberty," or "deeply rooted in this Nation's history and tradition. Austin v. On May 4, , Auman was turning left onto Maine street in Lawrence from 6 th street and hit and killed a motorcyclist. Auman was drunk and on drugs and was charged with aggravated battery while driving under the influence.

On the Friday before his Monday trial, Auman received a previously undisclosed dashcam video from the State.

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The video included the names of several previously unidentified witnesses and a discussion between officers about how the glare from the setting sun—not Auman's alleged impairment—may have caused the collision in question. The Monday trial setting was the last opportunity to try the case within the timeframe guaranteed by Auman's statutory right to a speedy trial.

Given the State's delay in providing the information and the video's potential exculpatory value, compounded by the speedy trial issue, the district court dismissed the case. Although a drastic remedy, the Court of Appeals affirmed under the circumstances. See State v. Warrior, Kan. Hirsh, a former highway patrol trooper, was convicted of several crimes after threatening his wife and children.

The Court of Appeals affirmed most convictions, but reversed one and remanded it for trial. The Supreme Court affirmed the Court of Appeals panel's decision, although it rejected a portion of its reasoning on a Brady issue. There are three components or essential elements of a claim under Brady v. Maryland, U.

The Supreme Court was not persuaded that a lone word basement in the report qualified as "material" under Brady and its progeny. The victim's boss engaged one of her relatives who was a Barton County Sheriff's deputy, after hearing about the attack from the victim.

The deputy took the victim to speak with one of the defendant's former co-workers about the attack. The deputy was later disciplined by the Undersheriff for misconduct because he acted outside the chain of command by taking the victim's boss to speak with the Defendant's former co-worker. In any event, the disciplinary report, which was not disclosed to either side until the undersheriff testified at trial, indicated the victim said the attack occurred in the basement of the residence, rather than in the bedroom as she testified at trial. Ultimately, the court found the impeachment value of the report was negligible.

The victim herself had admitted lying to investigators several times during the investigation, but the jurors still chose to believe the bulk of her testimony. There was no reasonable probability that Hirsh would not have been convicted if the report had been produced to the defense earlier. Our confidence in the outcome of the trial is not undermined. But, speaking to the state's duty to disclose evidence, even if the prosecutor is not aware of it, the Court said:. Although Brady certainly is designed to discourage deliberate concealment of exculpatory information by government actors, it also is designed to discourage mere carelessness.

This is the reason that, under Brady, we impute the knowledge and possession of information by law enforcement to the prosecutor. Francis, Kan. Whitley, U. This provides an incentive for prosecutors to be certain that they are routinely made aware of all material on a case that has been uncovered by investigators and that anything tending to exonerate the accused is shared promptly with defense counsel. In The Interest of J.

Declaring a father in default for being 10 minutes late for a pretrial hearing and refusing to set aside the default was an abuse of discretion by Judge Dernovish and violated the Father's right to due process. The State's petition containing a blanket notice that if a parent failed to appear at any hearing the result would be the court making decisions without the parent's input and could result in a default judgment did not satisfy the notice requirements of K. Appellate Procedure. Soto was convicted of first-degree premeditated murder in the March stabbing death of Arturo Moreno.

According to the evidence at trial, Soto had three confederates in the crime and its concealment: Giovanni Gonzalez, Luis NavarrettePacheco, and Angel Castro.


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Castro was an essential eyewitness leading to Soto's conviction and hard 50 sentence. The case was remanded for resentencing based on Alleyne. While awaiting resentencing, polygraphs results came to light which shed doubt on Castro's testmony.

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Soto filed a written "Statement of Relief Sought" on June 24, , seeking a "new trial based on 1 a Brady violation and 2 newly discovered evidence. On appeal the state argued there was no jurisdiction to consider the motion due to the mandate rule.


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  7. The mandate rule applies to prevent district court action on remand only when an issue has already been finally settled by earlier proceedings in a case, including issuance of the appellate mandate. If a final settlement of an issue has occurred, the district judge is not free to expand upon or revise that history. The mandate rule does not, however, prevent a district judge from doing whatever else is necessary to dispose of a case.

    This means the district judge must not only do as the mandate directs; he or she must also do what is needed to settle other outstanding issues that must be decided to complete district court work on the case. Such issues may have been allocated for decision in the district court in the first place and then untouched by appellate proceedings.

    Soto sought the court's action on a legal issue arising from facts unknown to him until the morning his resentencing trial was set to begin. The mandate rule would not have prevented the judge from reaching the merits of the Brady issue. Civil and Criminal Liability.

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    Williams v. The plaintiffs' amended petition alleged sufficient facts to support a potential intentional illegal conduct on the part of the bail bondsmen, b a police undertaking of a duty to investigate owed to the plaintiffs individually, and c no discretionary function immunity for the City under the Kansas Tort Claims Act KTCA.

    Once police had undertaken a duty owed to the plaintiffs their decision to discontinue an investigation of bail bondsmen's potentially illegal conduct was not protected by discretionary function immunity. Reversing Colbruno v. Kessler, U. Christopher Colbruno was incarcerated in a Denver County, Colorado jail awaiting trial. During an apparent psychotic episode, Colbruno swallowed metal components of an emergency call box in his jail cell.

    At a. On the way there, Colbruno urinated and defecated on the smock he was wearing. At the hospital, the three transporting deputies were met by three additional deputies. The deputies removed the soiled smock and walked Colbruno into the hospital without any clothes on except for a pair of orange mittens. The deputies passed through the ambulance bay, entrance, atrium, and hallways before they chained Colbruno to a bed. Hospital staff witnessed this conduct and reported it to the hospital risk manager because they found it disturbing.

    Colbruno filed suit against the six deputies under 42 U. The deputies responded by asserting that they were entitled to qualified immunity.

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