United States v. Michael J. McNeese and Laura Conwell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that in order for a party to establish a Franks violation, there must be “a reasonable probability” that a different outcome would have resulted had omitted information been included in the affidavit
• stating that court will reverse only where finding is clearly erroneous
• noting that in order for a party to establish a Franks violation, there must be “a reason- able probability” that a different outcome would have resulted had omitted information been included in the affidavit
• “[defendant] must offer direct evidence of the affiant’s state of mind or inferential evidence that the affiant had obvious reasons for omitting facts in order to prove deliberate falsehood or reckless disregard”
• a defendant has the burden to “offer direct evidence of the affiant’s state of mind or inferential evi- dence that the affiant had obvious reasons for omitting facts in order to prove deliberate falsehood or reckless disregard”
• listing cases from five months to nine months

Source: CourtListener parenthetical corpus (CC0).