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Sheri's Sidebar

Sheri’s Sidebar Edition #35 11/8/2024

Sheri’s Sidebar Edition #35 11/8/2024 1. Do you know the difference between a No Contact Order and a Protection Order? 2. Are you aware which chapter and statute the State is using when it argues a definition or a tag applie...

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Sheri’s Sidebar Edition #34 8-30-2024

Sheri’s Sidebar Edition #34 8-30-2024 Detailed issues addressed, with sample motion language. Therefore, there are less issues addressed. 1. Old Chief Stipulations: When does Old Chief apply, and when can the State refuse to...

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State v. Pettis WL387267 (unpublished)

State v. Pettis is an unpublished case because it deals with a well settled area of law. Despite this, defense at times misses filing the appropriate pretrial motion to exclude lay and expert opinions which directly suggest guilt....

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Sheri’s Sidebar Edition #33 7-12-2024

Sheri’s Sidebar Edition #33   7-12-2024 Did you know if the Miranda Warning language on the card is sufficient, but the manner the officer reads it, or the way an officer explains or answers a question can negate the suffi...

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Sheri’s Sidebar Edition #32 6-14-2024

Sheri’s Sidebar Edition #32  6-14-2024 Theme Juries Using the State’s Weak Analogies to Expand Voir Dire Authority Proving WPICs are not authority – ONE EXCEPTION WPIC 4.02 The Reasonble Doubt WPIC MUST BE USED ...

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Sheri’s Sidebar Edition #31 5-31-2024

Sheri’s Sidebar Edition #31  5-31-2024 BREAKING NEWS – THIS IS THE LAST SHERI’S SIDEBAR EDITION THAT WILL BE SENT OUT ON LISTSERV. ACCESS SHERI’S SIDEBAR ON THE WEBSITE FROM NOW ON. Theme: Touch DNA, Trans...

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Sheri’s Sidebar Edition #30 5-3-2024

Sheri’s Sidebar Edition #30  5-3-2024 1. Defense has a right to schedule interviews without the Prosecutor present. 2. CORRECTION – The prosecutor has the ultimate veto for therapeutic courts. There is a section that ...

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Sheri’s Sidebar Edition #29 4-19-24

Sheri’s Sidebar Edition #29  4-19-24 Theme Defending Alleged Possession of Child Sex Abuse Materials (CSAM) 1. More witness unavailability authority. 2. An IP address alone is insufficient to get PC for a warrant! (Sex offe...

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Sheri’s Sidebar Edition #28 4-5-24

Sheri’s Sidebar Edition #28  4-5-24 1. Some counties are using AI to summarize jail calls. Watch for this and for errors! 2. Some counties are using cell site simulators or Sting Rays – it is an illegal search requiri...

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Sheri’s Sidebar Edition #27 3-22-24

Sheri’s Sidebar Edition #27  3-22-24 Pre: File motions to exclude State irrelevant information, known inappropriate arguments, and commonly misrepresented facts. 1. Did you know the blood drawn for medical purposes is DIFFE...

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