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Ascheman Law Criminal Defense Blog

Inevitable-Discovery Exception

Officers for the state decided to enter defendant's home without a warrant, and eventually began to question them.  Those answers became evidence (as such things often do).  The State tried using those statements, claiming that they would have gotten the...

Closing Arguments and the Record

  This is why you need a well qualified attorney.  As you can see in this case, even when an attorney doesn't win an argument at court, there is a reason to make the argument, and that's for appeal purposes.  Here the Defense made a record of the...

Plea Withdrawal – Conditional Release

Here is a nice update for the rights of the people.  We have a situation where an agreement was reached, one that didn't include the mandatory minimum conditional release.  The Defendant had the conditional release imposed on a modified...

Retroactive BAC McNeely

 It was worth a try, I don't know any attorney that expected it to succeed, but it was worth trying.  The courts announced that you can't dig up old cases that would be unconstitutional now and challenge them.  A14-1296 - Shawn Michael O'Connell,...

Sex Offender Written Notice Requirement

It may be an issue of semantics, but Judge Halbrooks presents a clear and concise basis for the justification that change in employment does not necessarily need to be done in writing.  When the Legislature writes a law saying that change in residence must...

Case Law Changes for 15 September

A14-1077 Ricky James Bedell, petitioner, Appellant, vs. Tom Roy, Commissioner of Corrections, Respondent. Rice County District Court, Hon. Judge Christine Long. A prison inmate's Fifth Amendment right against compelled self-incrimination is violated when he is...

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