EARL HUGHES BURGEST, PETITIONER,
v.
J.F. CARAWAY, WARDEN.

U.S. | 2015-02-23
No. 14–7765.
135 S. Ct. 1448 Supreme Court of the United States (2015) Positive Treatment
Also reported at: 191 L. Ed. 2d 401
Cited by 4 cases

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Cited By

  • United States v. Wilchcombe, 838 F.3d 1179 (11th Cir. 2016)
    …ment’s assertion that Beauplant has waived this argument based on his failure to raise it before trial because we agree with the government on the merits. See United States v. Mathis, 767 F. 3d 1264, 1277 n.6 (11th Cir. 2014), cert. denied, — U.S.-, 135 S.Ct. 1448, 191 L.Ed.2d 403 (2015). Whether there was a due process violation as a result of the government’s destruction of evidence or failure to preserve evidence is a mixed question of law and fact. United States v. Revolorio-Ramo, 468 F. 3d 771, 774 (11…
  • United States v. Albury, 782 F.3d 1285 (11th Cir. 2015)
    …F. 3d 1039, 1046 (11th Cir.2003) (quotation omitted); see also United States v. Mathis, 767 F. 3d 1264, 1275 n. 3 (11th Cir.2014) (per curiam) (stating that we “employ[ ] a commonsense approach in reviewing” search warrants), cert. denied, — U.S. -, 135 S.Ct. 1448, 191 L.Ed.2d 403 (2015). Where evidence shows that the defendant “is in possession of contraband that is of the type that [one] would normally [hide] at their residence,” there is sufficient probable cause to support a search warrant. United State…

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