Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71805 articles
Browse latest View live

"Questions For The Candidates On Marijuana Reform"

0
0
The title of this post is the headline of this timely new Huffington Post piece authored by Chris Weigant. Here is how it starts and ends: There is a major political debate currently happening in many parts of this country, but the astonishing thing is that most politicians — especially...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/1-N1U0mBUdE" height="1" width="1" alt=""/>

How Ambiguity Regarding a Police Search Can Get Evidence Excluded in a Maryland Criminal Trial

0
0
A man who was convicted of a drug crime took his case all the way to Maryland’s highest court to seek a reversal of his conviction. In this man’s case, the problem with the state’s case was that the prosecution lacked clear proof that the marijuana-odor evidence that was at the heart of its case was obtained through a legal police search. In cases in which the evidence is unclear regarding whether a police search was legal or an illegal Fourth Amendment violation, the court must resolve that uncertainty in favor of the accused person. The case began, as many do, with a routine traffic infraction. A Frederick County deputy spotted a vehicle traveling at 50 mph in a 35-mph zone. The deputy pulled the driver over and approached the vehicle from the passenger’s side. As he drew closer to the interior of the vehicle, the deputy detected the smell of marijuana, although that scent quickly dissipated. Nevertheless, the deputy called for a K-9 unit.…

Matthew's "Eyewall" Approaching Cape Canaveral

0
0
The 4 am update from the National Hurricane Center: WESTERN EDGE OF MATTHEW'S EYEWALL APPROACHING CAPE CANAVERAL... During the past hour, a sustained wind of 46 mph (74 km/h) and a gust of 70 mph (113 km/h) were reported at Melbourne,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

This weekend's must-watch: 13th, Ava DuVernay's new documentary linking slavery and mass incarceration

The File-Sharing Program, “Sending” and “Transmission” of Child Pornography

0
0
This post examines two decisions by appellate courts in Florida. We will begin with Smith v. State, 190 So.3d 94 (District Court of Appeal of Florida, Fourth District2015) (“Smith v. State #1”). The court began the opinion by explaining thatSmith pleaded guilty in August 2011, to twenty counts of transmitting child pornography to an undercover officer via the internet. See § 847.0137, Fla. Stat. (2010) (`Transmission of pornography by electronic device or equipment prohibited’). The information alleged twenty counts as follows:DUNCAN JASON SMITH on or about April 13, 2010, in the County of Palm Beach and State of Florida, did transmit child pornography, as defined in section 847.001, Florida Statute, knowing or having reason to know it was child pornography, to another person in Florida or in any other jurisdiction, or from any jurisdiction outside of Florida to any person in the State of Florida, contrary Florida Statutes…

Am I crazy to actually be expecting a marijuana (or drug war/opioid) question during Sunday's town-hall Prez debate?

Justice Kagan on Justice Scalia

0
0
Yesterday I had the honor of attending the re-naming ceremony for the law school at George Mason University in Arlington, Virginia (about 20 minutes from my home)  --  now known as Antonin Scalia Law School.  Among the speakers was Justice Elena Kagan.  I thought she did a brilliant and heartfelt job of summarizing the enormous impact Justice Scalia had on law and judging in the United States.I told my students at Georgetown Law at the beginning of our class this semester that, fifty years ago, the question I thought most judges would have asked themselves was, "What is the just outcome in this case?"  The question far more frequently has become one that respects democratic self-government:  "What outcome in this case is most faithful to law?"The change is due principally to the work of Justice Scalia, probably the most intelligent man I have ever known, His acumen is widely recognized; his courage in taking on the existing…

How to request your DWI arrest video in Texas

0
0
There are nearly 100,000 DWI arrests in Texas in a given year, yet very few people know that a recent change in the law allows someone arrested for DWI to request a copy of the videos relating to their arrest — even if a case hasn’t been filed against them yet. It is not uncommon for arresting agencies to wait for blood results before filing DWI cases with a prosecutor’s office and it can sometimes take months before the results come back. Regardless of when the criminal case is filed, a person arrested for a DWI has a 15-day deadline to request an ALR hearing. A person may also want to review the video before the case is filed so they can write down things that were not captured on video — before they are forgotten. In the past, drivers who wanted a copy of their DWI arrest video ran into legal roadblocks at every turn. Not anymore. Now, obtaining a copy of your DWI arrest video may be as simple as going to the police department and…

Panamericanos 2019 - Suecia y los Juegos de Invierno 2018

0
0
Existe todo un debate sobre si el Perú cumple o no su compromiso de celebrar los Juegos Panamericanos del 2019. Hay gente, en mi opinión debidamente remunerada para traerse abajo este evento y oportunidad inmejorable en muchas décadas para el desarrollo de nuestra juventud vía la práctica  del deporte una de las tareas que aseguró el Presidente del Perú tomaría en serio. El fundamento principal y esto es lo peor,  que Suecia renunció a celebrar los juegos de invierno y citan los medios que informan de tal decisión pero NO tienen fecha y como fue  elegida Suecia para celebrarlos, al margen que, los juegos de invierno sólo son de disciplinas relacionadas con el frío. Deseo compartir con ustedes estos cambios de ideas, algunos dicen que son temas opinables, en otras palabras lo celebramos conforme al compromiso o con el cuento de dedicar ese dinero a obras en beneficio del…

SCOTUS Next Week

0
0
The U.S. Supreme Court has a one-day argument week next week.  Normal argument weeks are Monday through Wednesday.  Next week, Monday is a legal holiday, Columbus Day.  No arguments are scheduled for Wednesday, which is Yom Kippur.So it's all about Tuesday.  The main action, for our purposes, is Peña-Rodriguez v. Colorado, asking whether the Constitution requires an exception to the time-honored rule that you can't impeach a jury verdict by calling the jurors to testify as to what was said during deliberations.  CJLF's brief, written by Kym Stapleton, is here.  Our press release will be posted shortly in the Releases section of the web site.Manrique v. United States is a technical question about restitution.  The Question Presented, as drafted by counsel for defendant, occupies an entire page and is a fine example of how not to write a Question Presented.   However, the fact that the Court took it anyway is an…

2016.035: John Casement’s Feedback

0
0
When I talk about online marketing and social media to lawyers, I remind them that outsourcing their marketing is outsourcing their reputation. I point out that many people selling online marketing will lie to get their attention — to get you to read their emails or return their calls. And I ask them: If they would lie to get your attention, why would you trust them with your reputation? I got a call today from a “Denise McDermott” at 312-252-0605. The message was, “she is doing some work for the Inglis Law Firm that she wants to discuss.” It’s probably not a lie, but rather an omission: McDermott knows that if she leaves a message saying that she’s selling whatever online marketing crap she’s selling, I won’t be returning her call. Fortunately for her, I won’t be returning her call because I recognize her vague message as an attempt to get me to call her back without quite lying to me. Fortunate because my…

How to Represent Yourself in Court

0
0
You say you’ve been hit with criminal charges and want to defend yourself? If so, you’re not alone. Many people seriously consider taking this path. The Sixth Amendment gives all defendants the right to avail themselves of legal counsel, and that includes the privilege of serving as your own attorney. In other words, you have the legal option of defending yourself in court, and most states will usually allow you to do it. Of course, anyone considering such an undertaking wants to be sure of doing it right. That includes becoming familiar with the procedural rules in effect at the court in question. All courts are different in some respect, and whether you face trial in a local, county, state or federal venue, you’ll particularly want to know what you can do; what you can’t do; and how you must handle yourself. After you’ve gotten the proper procedures under your belt, it’s on to your defense. Here are the steps you’ll be taking. 1. Your…

Alabama prison rape, violence, overcrowding, and abuse investigated by Department of Justice (DOJ)

0
0
The US Department of Justice (DOJ) has launched an investigation into the rampant problems of rape, violence, overcrowding, and abuse in the Alabama prison system. The investigation concerns various forms of abuse by other inmates as well as by the prison guards who are supposed to be supervising them. The investigation is discussed in detail […]

Alabama prison rape, violence, overcrowding, and abuse investigated by Department of Justice (DOJ)

0
0
The US Department of Justice (DOJ) has launched an investigation into the rampant problems of rape, violence, overcrowding, and abuse in the Alabama prison system. The investigation concerns various forms of abuse by other inmates as well as by the prison guards who are supposed to be supervising them. The investigation is discussed in detail […]

Don’t let the Backpage prostitution-advertising prosecution chill free speech

0
0
Many of my clients charged with soliciting prostitutes are alleged to have used Backpage to find the alleged prostitute, who turned out to be part of a John-catching sting. Not satisfied simply to scare Craigslist to stop or curb its adult services ads, law enforcement is now moving in on Backpage — apparently trying to chill other potential advertisers of adult services — getting Backpage CEO Carl Ferrer arrested on October 6 on his return from Texas. Ferrer was arrested for a California prosecution for pimping a minor, pimping, and conspiracy to commit pimping. . The criminal charging document (against Ferrer and the two Backpage majority shareholders) is here, and the detailed law enforcement narrative is here. Although I have limited time to blog on this story, I point out the following: – This prosecution is troubling under First Amendment, free expression, free enterprise and general grounds for seeking criminal liability against people who run…

WaPo: Volokh Conspiracy: Remotely accessing an IP address inside a target computer is a search

0
0
WaPo: Volokh Conspiracy: Remotely accessing an IP address inside a target computer is a search by Orin Kerr: Last week, I wrote a post on the Playpen warrant currently being litigated in federal courts around the country. My post included … Continue reading →

Ignition Interlock Now Required For All California DUI Drivers

0
0
Drivers convicted of DUI in Los Angeles, Alameda, Sacramento and Tulare Counties are no longer the only Californians required to install an ignition interlock device in their vehicles for a first-time DUI. On Wednesday, September 28th, Governor Jerry Brown signed into law Senate Bill 1046, which extends the four-county pilot programs to the entire state. Motorists do have some breathing room, however; the law won’t go into effect until January 1, 2019. Senator Jerry Hill, who sponsored the legislation, said that the new law will save lives. “We’ve already seen this to be true in the four counties conducting the pilot program: Ignition interlock devices (IIDs) have saved lives by preventing more than 1 million attempts to drink and drive since 2010,” he noted. According to a press release from Hill, the new law makes some minor modifications to the pilot program. Its provisions include: •    A first DUI offense that also involves an…

When Flakiness Becomes Criminal

0
0
There are a lot of flaky people in the world, people with strange and stupid ideas that defy logic and science.  They have the right to be flaky as long as they don't hurt anyone else.  When flaky people become parents, though, they may very well hurt someone else.  Ross Guidotti reports for KDKA in Pittsburg:A mother in Fayette County is facing charges for allegedly starving her 11-month-old son.The child's father brought the boy to CYS and told them that his estranged wife was "obsessed" with following a strict diet, and only fed the child fruit and nuts.Elizabeth Hawk, 33, is charged with endangering the welfare of a child after investigators say she allegedly failed to give her 11-month-old son sufficient food. Brandy Hawk says her young nephew showed physical problems that concerned her."He had a severe rash," said the suspect's sister-in-law. "It was his motor skills; he couldn't use his hands at…

Trump's Lewd Recording

0
0
You can watch Donald Trump's lewd recording at at the Washington Post here. He is beginning to creep me out. We shouldn't elect a President who makes you feel like taking a shower every time you hear him speak. I don't think he's... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Two Vehicle Crash in Canyon County

0
0
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 10/8/2016 3:02 a.m. Please direct questions to the District Office On Friday, October 7, 2016 at approximately 5:06 p.m., Idaho State Police investigated a two vehicle injury crash westbound on Interstate 84 at milepost 19, in Canyon County. Mujo Ahmetovic, 19, of Boise was driving eastbound on Interstate 84 in a 2003 Honda Civic. Ahmetovic drove off the left shoulder, through the median, into oncoming traffic, and struck a 2011 Kia Sorrento driven by Connie Mcanallen, 42, of Kuna. Ahmetovic was transported by ground ambulance to West Valley Medical Center in Caldwell. Mcanallen and two juvenile passengers were transported by ground ambulance to St. Alphonsus in Boise. All…
Viewing all 71805 articles
Browse latest View live




Latest Images