Summary
In Michigan and federally in the Fourth Circuit, a suppression motion can be revisited through a motion to reconsider or an appeal if there is new evidence or an error in the original ruling. If a client did not approve the motion, they might challenge it based on lack of consent or ineffective assistance of counsel. For a Franks hearing, you must show deliberate falsehood or reckless disregard for the truth in the affidavit, and that the false statement was necessary for probable cause. In the Fourth Circuit, harmless error refers to a legal error that does not affect substantial rights, while plain error review addresses errors not raised at trial but affecting substantial rights and fairness. If an issue is not raised before trial but appealed after, it undergoes plain error review. If raised before trial, it is subject to harmless error review.Full Conversation
Federally in the fourth circuit, is there any way to reverse a previous attorney’s suppression motion?
Federally in the Fourth Circuit, you may have options to address a previous attorney's suppression motion:
- Motion to Reconsider: If there is new evidence or an error in the original ruling, you can file a motion to reconsider.
- Appeal: If you believe the decision was incorrect, you can appeal to a higher court.
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What if the client didn’t approve of the motion
If the client didn't approve of the motion, they might have grounds to challenge it. Here's what you can consider:
- Lack of Consent: You can argue that the motion was filed without the client's consent.
- Ineffective Assistance of Counsel: If the attorney acted against the client's wishes, it might be considered ineffective assistance.
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What do I need to show a preliminary showing of proof to be granted a franks hearing
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To be granted a Franks hearing, you need to show:
- Allegation of deliberate falsehood or reckless disregard for the truth in the affidavit.
- Evidence that the false statement was necessary to the finding of probable cause.
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In the affidavit, the affiant stated that there was previous knowledge that I resided at a specific address but I have evidence that I resided at a different address.
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Thanks for sharing the details. To better assist you, could you specify if the misinformation about your address had a significant impact on the probable cause in the affidavit? This detail can be crucial for your Franks hearing.
The officer claims he ran my car registration and the car registration came back with a mailing address of a specific address, however, I have evidence of my drivers license, utility bills, police citations and my proof of insurance and registration card that said that I resided at a different residence.
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Given the potential for misinformation to significantly impact the probable cause in your affidavit, you might have a strong case for a Franks hearing, especially if you can demonstrate that the false address was crucial to the probable cause.
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Federally in the fourth circuit, what is the difference between harmless error and plain review error?
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Here’s a brief explanation of the difference between harmless error and plain error review in the Fourth Circuit:
- Harmless Error: This refers to a legal error that does not affect the substantial rights of the parties and does not result in a miscarriage of justice. Even if an error is found, the verdict stands if the error is deemed harmless.
- Plain Error Review: This is used to review errors that were not raised at trial. The appellate court can correct a plain error only if it affects the appellant's substantial rights and seriously affects the fairness, integrity, or public reputation of judicial proceedings.
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If I don’t raise an issue before trial but I try to appeal it after trial, what review would that be?
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If you don't raise an issue before trial but try to appeal it after trial, it would be reviewed under the "plain error review".
- Plain Error Review: Used for errors not raised at trial. Appellate courts can correct a plain error if it affects substantial rights and the fairness of judicial proceedings.
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If I raise it before trial but try to appeal it after trial, what would be the outcome
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If you raise an issue before trial and then try to appeal it after trial, the appeal would generally be subject to the "harmless error" review. This means the appellate court will determine if the error affected the outcome. If the error is deemed harmless, the verdict stands.
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What is harmless error review
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Harmless error review refers to the analysis by an appellate court to determine whether a legal error made during the trial had a significant impact on the outcome. If the error is deemed harmless, meaning it did not affect the substantial rights of the parties or result in a miscarriage of justice, the original verdict stands.
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