Ryan's Favorite Issues, Part 2
by: Ryan • June 30, 2014 • no comments
After the release of State v. Fletcher, but before the release of Riley v. California, I listed a number of my favorite open legal issues. Here are a few more:
(1) Is the probation condition requiring probationers to submit to a "walk-through" of their home and business an unconstitutional 4th Amendment restriction? If you've got an open sentencing, and your client is going to get probation, let me know and I'll send you the motion and memo to preserve the issue.
(2) Now that Riley has come out, the next big question involves the particularity requirement for search warrants of cell phones. A repeat from my previous post, but I wanted to narrow it down a little.
(3) Can the factor of "the delivery was for consideration" be proven with hypothetical consideration? I'd more or less forgotten about this issue until it won down in Coos County and saved a woman from prison.
(4) To acquit of CDO factors, does it take 10 jurors or 3? I say three, and I've got a memo if you've got a CDO case.
(5) Can the state be allowed to submit aggravating factors that aren't enumerated and have never been approved by the appellate courts?
(6) What are the proper mental state jury instructions for Assault II (serious physical injury)?
Enough for now. Stay tuned for part 3.
