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MO: Law of the case prohibited relitigating search claim on retrial where facts not sufficiently different

By John Wesley Hall, Jr.

Law of the case applied to defendant’s search claim on retrial of his murder case. The facts did not change much at all to justify reopening. State v. Deck, 2010 Mo. LEXIS 6 (January 26, 2010).* The probation search of defendant’s premises was reasonable. State v. Angel, 2010 La. App. LEXIS 72 (2d Cir. January 27, 2010).* Search of defendant’s car was valid with probable cause and not as a search incident under Gant. The officer smell marijuana coming out of the open window and a dog alerted during the stop. State v. Freeman, 2010 La. App. LEXIS 78 (2d Cir. January 27, 2010).* Defendant’s stop was based on a combination of traffic offense and information about drug trafficking, and it was still valid. Defendant’s pat down was justified, and plain feel supported the seizure...continue to full post

Full post as published by Fourth Amendment on January 29, 2010 (boomark / email).