On October 17, the Department of Justice announced that Omnicare, Inc., the country’s largest long-term care pharmacy, had agreed to pay over $28 million to settle two qui tam suits’ allegations that the company received kickbacks from the manufacturer of the anticonvulsant drug Depakote, Abbott Labs. According to DOJ’s press release: The nation’s largest nursing home pharmacy, Omnicare Inc., has agreed to pay $28.125 million to resolve allegations that it solicited and received kickbacks from pharmaceutical manufacturer Abbott Laboratories in exchange for promoting the prescription drug, Depakote, for nursing home patients. CVS Health Corporation, which is headquartered in Rhode Island, acquired Ohio-based Omnicare in 2015, approximately six years after Omnicare ended the conduct that gave rise to the settlement. * * * Nursing homes rely on consultant pharmacists, such as those employed by Omnicare, to review their…
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Expanded Expungement Rights are on the Way
Maryland has passed the Justice Reinvestment Act, a sweeping crime reform bill that is coming into law in phases. One of the most anticipated new changes has to do with the expungement of criminal records. Many see it as an opportunity to start fresh, as the law creates opportunity to erase a criminal record where that opportunity did not previously exist. What is Expungement Expungement is the ability to have a criminal record, particularly convictions, erased from the public records. The benefit of expungements is that it allows people a better opportunity at a fresh start; the stigma that comes from a criminal record can make it difficult for people to find employment, or other opportunities. Continue reading
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New Gallup poll reports notable trends in "tough-on-crime" public polling perspectives
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"Why marijuana opposition is so effective in liberal Mass."
On November 8, five states will consider legalizing recreational marijuana use--Arizona, California, Nevada, Massachusetts and Maine. While polls show majorities favor legalization in each state, the opposition has perhaps had the most success in a surprising place--Massachusetts. Joel Warner examines the battle over legalization there in this lengthy piece in...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/jal5bJMe6ik" height="1" width="1" alt=""/>
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Trial by Judge or Jury: A Look at the Pros and Cons of Jury Trials and Bench Trials
Trial by Judge or Jury When people think of a criminal trial, they often envision 12 jurors, a judge, and opposing attorneys making impassioned arguments about truth and justice. While many trials play out this way, others move forward without one of these elements: a jury. Even though the criminal justice system guarantees defendants the right to a trial by a jury, some opt to have their case decided by a judge instead. A bench trial — a case tried to a judge instead of a jury — is decidedly less dramatic and may be advantageous in certain circumstances. Earlier this year, for example, three Baltimore police officers arrested in the death of Freddie Gray opted for a bench trial rather than a jury trial. All three were acquitted. As with all aspects of the justice system, the decision to have a trial by judge or jury is not an easy one. Some defendants may benefit from power in numbers, while others may be better off playing to an audience of one. Here’s a…
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Is Dept. of Justice Use of Force Database enough?
TOPSHOT – Baltimore County Sheriffs officers gather after Baltimore Officer Caesar Goodson Jr. was acquitted of all charges in his murder trial for the death of Freddie Gray at the Mitchell Court House June 23, 2016 in Baltimore, Maryland. (BRENDAN SMIALOWSKI/AFP/Getty Images) Last Thursday, Attorney General Loretta Lynch announced steps by the Department of Justice to enable the nationwide collection of data on law enforcement interactions with civilians, including data pertaining to the use of force by law enforcement. While Amnesty International USA welcomes these small steps towards transparency and accountability, we also recognize that much more needs to be done, urgently, in order to address the the current crisis of police-involved deaths in the United States. So what exactly is the Department of Justice committing to? And what’s missing from this proposal? And what exactly is it committing to with the current administration? One commitment is to develop a…
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WaPo: Volokh Conspiracy: The Fifth Amendment and Touch ID
WaPo: Volokh Conspiracy: The Fifth Amendment and Touch ID by Orin Kerr: My recent post on the legality of warrants that permit phone unlocking prompted some reader comments on how the Fifth Amendment might apply to using fingerprint readers such … Continue reading →
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S.D.N.Y.: Coming out of drug house also known for guns was RS
Defendant’s coming out of a drug house was reasonable suspicion for a stop and frisk where the house was known for drugs and guns had been seized there just a few months before. United States v. Williams, 2016 U.S. Dist. … Continue reading →
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Clearing the obstacles to opening and closing in the first person
One of the most persuasive ways for a criminal defense lawyer at trial to open or close before a jury is to present the persuasive story of the case in the first person. Doing so puts the lawyer in the moment of persuasion; can transport the jury to the scene, time, sense and feelings being discussed; and eliminates talking in legalese. Of course, the lawyer must be ready for a prosecutorial objection to first person opening statements and closing arguments, and the risk of the judge getting on board. Here is a brief discussion of those possible obstacles. In 2006, a Maine federal trial judge forbade doing opening statements in the first-person of the criminal defendant, in part because the prosecutor cannot cross-examine a criminal defendant who asserts the Fifth Amendment right not to testify. U.S. v. Lemieux, 436 F.Supp.2d 130 (D.Me. 2006). At least, though, Lemieux confirmed that a prosecutor may not take on the role of a crime victim in the…
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Why We Have an Implied Consent Law
There are a lot of laws on the books in Maine that, on first inspection, seem to be there for the sole purpose of boggling your mind. In many of these cases, though, it can be helpful to try to understand the problem in our society that these laws are trying to deal with. After all, in theory at least, our laws are made by the people we have chosen to represent us, for the benefit of everyone. Implied consent laws are some of those that are difficult to understand. They are radically different in different states, and have enforcement mechanisms that can cause confusion. However, taking a step back and seeing how Maine's implied consent law fits into the bigger picture can help understand its purpose and why we still have it. What Are Implied Consent Laws? An implied consent law is, at its core, fairly simple: By driving on the roads of Maine, you are deemed to have tacitly agreed to consenting to a chemical test if a police officer requests that you take one. If you get…
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How to Choose the Right DUI Lawyer
How to Choose a DUI Attorney If you are facing a DUI charge, choosing the right attorney to handle your case is a very important decision. Who you choose to hire as your legal representation could actually make or break your case when it comes to the final result. To help you choose a DUI lawyer (Rhode Island) that will be competent and confidently assist you with your case, we’ve put together a few tips you should keep in mind. Create a list of potential attorneys. Continue reading →
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Horwitz on Public Disclosure of Victims' Records
Daniel A. Horwitz has posted Closing the Crime Victims Coverage Gap: Protecting Victims’ Private Records from Public Disclosure Following the Tennessean V. Metro (Working Draft) (12 Tenn. J. L. & Pol'y __ (2016)) on SSRN. Here is the abstract: In...
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Trump's Friday Night Funk
The Washington Post tonight reports "Donald Trump is in a funk " Bitter, hoarse and pondering, ‘If I lose. . .’" At a campaign rally today (attendance for which was noticeably smaller than usual), Trump said: “What... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"Chipping Away at the Crime Wave Myth"
From The Marshall Project, via NACDL news scan: Chipping Away at the Crime Wave Myth | The Marshall Project The politicians and pundits, the academics and activists have argued for months over whether America is in the grip of a...
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You Rob A Person
When they beat you fairly and squarely and you claim they cheated.In my last jury trial, when the jury went into the deliberation room, I told the d.a. that he done a good job. A wonderful job.Because he had.I told his co-counsel a few days later that she had done a wonderful job. I told her that she had walked around the room like a boss.Because she had.How they took a victory away from me and desecrated it with lies shows that they robbed me.Not a single witness testified in my favor. No, all the witnesses were correctly impeached, so that they had no credibility at the end of the day.That's all. No cheating. No games. No breaking of rules.The prosecutors robbed me of the one thing that all people are proud of:Hard Work.
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Chris Christie's Bad Week
Donald Trump isn't the only one having a bad week. Chris Christie's aide today testified he knew of the lane closure plan a month ahead of time. Talking Points Memo has the details of Bridget Kelly's testimony. In bombshell... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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E.D.Pa.: Police may rely on NCIC report of existence of arrest warrant to make arrest
Defense counsel was not ineffective for not challenging the entry into defendant’s hotel room to arrest him because it would have failed on the merits. Officers had an NCIC report of a warrant on defendant and they knew he was … Continue reading →
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New York’s Taconic State Parkway is a Hotbed for issuing Speeding Tickets
If you travel on New York’s Taconic State Parkway watch your speed. The Taconic State Parkway has a notorious reputation of being a speeding, traffic ticket, and moving violation magnet. Only 104 miles long, approximately 8,000 tickets a year are issued on the stretch of road. Moreover, the vast majority of those tickets are given in the 33 miles that encompass the southernmost portion in Westchester and Putnam Counties. In those counties alone, approximately 2,500 speeding tickets issued under NY VTL 1180 are issued annually – that’s almost 7 a day. Other types of tickets include cell phone violations, NY VTL 1225, “move over law” tickets, NY VTL 1144, following too close, NY VTL 1129, uninsured, NY VTL 319, suspended license operation, NY VTL 511, unsafe lane change, NY VTL 1163, failure to signal, NY VTL 1128, and failure to obey a traffic control device, NY VTL 1110a. All tolled, approximately 17 tickets daily are issued within…
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How Would A Witness Know To Break For Lunch When a Bailiff Has Not Yet Told Them to Break For Lunch?
How?I will tell you how, because I was told by the witness.The witness defied the judge and had been listening to the proceedings when she was told not to, and heard the judge tell the jurors it was time to break for lunch and what time to come back to court.Right after opening statements.The witness had broken the most sacred of court rules.How would I know such a thing?Because there is one piece of proof that will blow the whole thing out of the water. It will show liars to be liars. It will be beautiful. It will be infinite. It will be perfection."Your Honor, if the State wants a mistrial, I agree. Because I know what the witness told me, I also want an evidentiary hearing."The prosecutor told the judge exactly when he felt things had happened....right before lunch....right before the witnesses fled from the court. Before the bailiff told them anything. As a matter of fact, the prosecutor said it was me that made them flee. It is…
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Danner’s Death And The Great Divide
When NYPD Sgt. Hugh Barry arrived at Dorothy Danner’s door in response to a neighbor’s 911 call that she was acting “erratically,” whatever that means, he knew he was going to be dealing with a mentally ill woman. Danner was schizophrenic, and a regular for the cops. On Tuesday, Ms. Danner, 66, was fatally shot by a police sergeant in her Bronx apartment in a confrontation that was condemned in swift and striking terms by Mayor Bill de Blasio and Police Commissioner James P. O’Neill. Both the mayor and the commissioner said the officer had failed to follow the Police Department’s protocol for dealing with an emotionally disturbed person. The mayor and PC were being disingenuous. There is a protocol in place, since the killing of Eleanor Bumpurs in 1984. They whip it out as needed, but it’s just there for show. Not only has the NYPD neglected to train its officers in dealing with the mentally ill,* but the protocol is nonsensical. The…
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