Tuesday, November 20, 2012

First Circuit -- US v. Murdock

Where deft was on his own (small) front lawn for an hour while officers conducted a search, he wasn't in custody -- non-Mirandized statement is admissible.

No abuse of discretion in allowing tape of phone call without establishing identity of caller where caller identified self & demonstrated knowledge of many things.

No clear error in ACCA sentencing - the names were different on the paperwork for the priors, but it could have been a scrivening error.


US v. Murdock
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.