In the second trial, after he was ordered by the 8th Circuit Court of Appeals to vacate the verdict in the first trial, Judge Battey INSTRUCTED THE JURY that an intrusion onto private property by a government employee could NOT BE CONSIDERED TRESPASS as a matter of law. (See previous blog post.)
This flies in the face of established case law that law enforcement or any governmental agent must identify himself and present court orders prior to action on private property.
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Oral argument on this case is set for March 17. I believe that the 8th Circuit Court of Appeals arguments are streamed on the internet and preserved. I think you maybe have to be a "Pacer" (Public Access to Court Electronic Records" account holder to access them. http://www.pacer.gov/
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