The Gallup Poll has released results on its survey of American attitudes on the death penalty. They are largely stable since 2011. The better worded of the two questions is this:In your opinion, is the death penalty imposed -- [ROTATED: too often, about the right amount, or not often enough]?About 2/3 of respondents say about right or not enough, indicating support for capital punishment in its present use or greater. This is a few percent lower than the 72% in 2001 when Gallup first asked the question, but still a very strong majority. The traditional question that Gallup has been asking since 1934 is:Are you in favor of the death penalty for a person convicted of murder?On this question, 60% said yes and 37% said no. This question is typically interpreted as meaning that people who answer "no" support complete abolition of the death penalty, but comparison with the other question shows that not all respondents understand it that…
Gallup: 2/3 Say DP Imposed About Right or Not Enough
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JUDGE STEPHEN MILLAN AND THE REAL SCOOP, ON THE MISTRIAL .....
THE CAPTAIN REPORTS:THE REAL SCOOP .............. (we barely made it up to the courthouse just in time to pull the court file and review the proceedings).First, the Judge involved in the case was not Al Milian. It was Judge Stephen Millan. The case is State v. Navarro, F13-30148. The charge is Manslaughter and the case was tried during the week of 10/17 before Judge Millan. For the defense: Dan Lurvey.Last Thursday, after the jury had already been sworn, the sworn jurors were gathered outside the courtroom on the 4th floor of the REGJB. The bailiff, Victor, presented the jurors with envelopes that were going to be used to contain the jurors trial notepads. Victor instructed the jurors to write their names and juror numbers on the outside of the envelopes. One of the jurors asked about these details and who might become aware of the notes, to which Victor replied: "Don't worry. The bad guy won't see…
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"China government: one million officials punished for corruption"
From Jurist: The Chinese Communist Party [official website] announced on Monday that the Chinese government has punished more than one million officials for corruption. The statistics were released [BBC report] when the highest-ranking members of the party met for the...
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Michigan breaking and entering is not "burglary" under the ACCA
Great win for AFPD Paul Nelson out of the Western District of Michigan!! United States v. Ritchey, 15-2460The Court has held that Michigan's breaking and entering statute, Mich. Comp. Laws § 750.110, is broader than the generic definition of burglary. Further, because it had a broader definition of "building", which included means of committing the offense, it could never qualify as an enumerated burglary offense. Thus, Ritchey's 180 month sentence was unconstitutional.Also important was the Court's ruling that Ritchey did not waive his claims. The Government on appeal argued that because Ritchey agreed, at his plea hearing, that his priors qualified under the ACCA, he had waived the argument for appeal. But the Court found "regardless of whether heconceded this point, Ritchey could not have waived or intentionally relinquished an argumentbased on Mathis because the case was decided after his sentencing."
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Lack of Individualized Assessment Leads to Reversal of Monetary Penalty in Washington Domestic Violence Case
A recent decision from the Washington Court of Appeals once again highlights the importance of trial courts’ following proper procedures before they impose non-mandatory legal financial obligations, or LFOs, on criminal defendants. Washington law requires courts to make a customized inquiry specific to the defendant standing trial, in which the court assesses the defendant’s ability to pay any potential LFO. In this recent case, the trial judge did not make that kind of inquiry, and, as a result, the defendant’s appeal of the obligation was successful. The defendant in this case was accused of one count of assault in the second degree–domestic violence. The jury convicted the man of committing the charged crime against his girlfriend. During the sentencing phase of the man’s trial, he testified that he was out of work and had been unemployed for more than three months. Based upon these facts, he asked the court to refrain from imposing any…
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Fall 2016: Reckless Driving (110/55), Driving Under Suspended, No License, DUI, and Open Container Charges Avoided
Note: the only sure way to avoid a reckless driving by speed conviction is to obey the speed limit! DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. September 14, 2016, Accomack General District Court, Charge: Reckless Driving by Speed at 85/55. Disposition: Reduced to speeding at 75/55, non-reckless. October 4, 2016, Norfolk General District Court, Charge: Reckless Driving at 110/55. Disposition: Reduced to speeding at the same speed, non-reckless! No jail! October 6, 2016, Isle of Wight General District Court, Charge: DUI 1st offense. Disposition: Reduced to improper driving, a traffic infraction, not a criminal conviction. October 7, 2016, Virginia Beach General District Court, Charge: DUI 1st offense, Reckless Driving at 110/55, and Open…
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Settlement of Government Allegations on FHA Loans
The U.S. Attorney’s Office has reached a $1,025,000 civil settlement with First American Mortgage Trust, d/b/a NXTLoan.com, a small mortgage lender based in Brighton, Massachusetts, and its founder and CEO, Barry S. Polack, in connection with allegations that they submitted false insurance claims on mortgages insured by the Department of Housing and Urban Development’s (HUD) […]
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Former Connecticut Representative Sentenced in FHA Fraud
Victor Cuevas, 52, Bristol, Connecticut, was sentenced by U.S. District Judge Jeffrey A. Meyer in New Haven to one year of probation and a $1,000 fine for conspiring with others to commit bank fraud in connection with his home mortgage loan applications. According to court documents and statements made in court, in the summer of 2013, […]
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Sales Agents in Loan Modification Fraud Sentenced
Kowit Yuktanon, also known as “Eric Cannon” and “Aaron Brock,” 32, Huntington Beach, California, and Cuong Huy King, also known as “James Nolan” and “Jimmy“, 32, Westminster, California, have each been sentenced by U.S. District Judge Stefan R. Underhill in Bridgeport, Connecticut, to 18 months of imprisonment, followed by one year of supervised release, for participating in […]
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Slain Officers' Families Oppose Prop. 57
The family members of slain Los Angeles County sheriff's Sgt. Steve Owen and Palm Springs Officer Lesley Zerebny spoke out this week against Prop. 57, calling it a lie, a farce and a "criminal's bill of rights."Read their remarks here.
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Real Estate Agents Gets 3 Year Prison Sentence
Lillian Marquez, 41, Stockton, California was sentenced by U.S. District Judge John A. Mendez to three years and one month in prison for conspiring to commit mortgage fraud. Marquez pleaded guilty on June 14, 2016. On September 20, 2016, co-defendant Michael Keatts, 59, Stockton, California was also sentenced to three years and one month in prison for his role […]
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Two Year Sentence in Stolen Real Estate Scheme
Daniel Deaibes was sentenced today to 24 months for his role in a scheme to steal title to Southern California homes and then “sell” the properties to unsuspecting buyers – before the buyers realized who the true owners were. From September 2012 through their arrest in November 2014, Deaibes and his co-conspirators, including co-defendants Mazen […]
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Indictments in Foreclosure Delay Scheme
Yun Soon Matsuba, aka Dorothy Matsuba, 65, Chatsworth, California; Thomas Matsuba, 64, Chatsworth, California; Jane Matsuba Garcia, 40, Chatsworth, California; and Jamie Matsuba, 31, Chatsworth, California, and Young Park, 53, Koreatown, California, were indicted for their alleged participation in a conspiracy to defraud banks and homeowners and were each charged with one count of conspiracy to […]
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"Medical marijuana legal in Ohio, but patients still can’t get it"
The title of this post is the headline of this new article from my own Columbus Dispatch. Here are excerpts: Can you legally buy medical marijuana in Ohio? If so, can you get it from a licensed medical marijuana dispensary, family member or friend, drug dealer or grow it yourself?...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/z39RjC2whP4" height="1" width="1" alt=""/>
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Florida Supreme Court To Hear Arguments On DUI Blood Sampling
Since the penalties can be so severe, drivers convicted of causing death or injuries in crashes involving a DUI in Los Angeles and other jurisdictions usually seek out every avenue of appeal. Many of their arguments center around the way that police and other personnel collect, store and handle the blood samples used to determine blood alcohol content. In mid-October, the Florida Supreme Court agreed to hear an appeal by John Goodman of his conviction on DUI manslaughter. According to the Florida Sun Sentinel, Goodman is arguing (through his lawyers) that the state’s rules for collecting and analyzing blood are inadequate and that they violate the rights of drivers charged with DUI. The Goodman case is attracting a great deal of attention in Florida because the defendant is a millionaire known for founding the Wellington polo club. He’s currently serving a 16-year sentence in the death of Scott Patrick Wilson, age 23. Goodman’s Bentley slammed into…
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The Opportunity Agenda produces huge report on "Transforming the System: Criminal Justice Policy Solutions"
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Fatality Crash SB SH41 at McWilliams Road
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT One CASE # C16002539 --------------------- PRESS RELEASE ----------------------------- DATE: October 25th, 2016 TIME: 1:26 pm LOCATION: SB SH41 at McWilliams Road, South of Spirit Lake ASSISTING AGENCIES: VEHICLE #1 ------------- DRIVER Sands, Robert W AGE 71 ADDRESS Blanchard, Idaho INJURIES? - Fatal HOSPITAL/LOCATION TAKEN ? Kootenai Health VEHICLE YEAR 1997 VEHICLE MAKE Mazda VEHICLE MODEL Protege WRECKER Sunset Towing SEATBELTS/HELMET WORN? No INCIDENT…
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Would Legalized Pot Increase DUIs in California?
With Election Day just a few weeks away, proponents and opponents of California’s Proposition 64 are weighing in on how the legalization of marijuana could impact the incidence of DUI in Los Angeles and other jurisdictions throughout the state. Proposition 64 would decriminalize the use of marijuana in California by adults 21 years of age or older. The law would allow people to grow up to six marijuana plants in their own homes, as long as the public couldn’t see those plants. The state would reap big financial benefits, collecting a tax on the sale of marijuana (15 percent) and on the cultivation of marijuana flowers ($9.25 per ounce) and marijuana leaves ($2.75 per ounce). While the added tax revenue would be welcome, law enforcement officials are worried about how greater use of marijuana could affect DUI enforcement activities. According to an article in the Los Angeles Times, they fear that it could be tough to get convictions of anyone driving high because of…
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Philadelphia Gets $4.6 Million to Fund Transportation Projects
Philadelphia will receive $4.6 million in funds to improve transportation infrastructure, making traveling in the city safer for motorists, cyclists, and pedestrians. This money funds four Philadelphia-area projects, and comes from a fund established by Act 89. Since its passage in 2013, this act has funded a number of transportation projects across the state.Governor Tom Wolf, along with representatives from the Pennsylvania Department of Transportation (PennDOT), announced the projects these grants will fund on October 15. Funded: The Four Transportation Projects in PhiladelphiaThe $4.6 million Philadelphia will receive will fund four projects. These projects include:Safety Infrastructure Near SchoolsThe City of Philadelphia Department of Streets will receive $811,682 to improve safety for children who bike or walk to three public elementary schools in the city.Currently, children and families are at an increased risk of becoming accident victims when walking or biking…
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Rear End Accidents Result in Traffic Ticket for Failing to Stop Within Assured Clear Distance (FTACD) and Distracted Driving
We have all experienced that horrible rush of adrenaline when we have to slam on the brakes to avoid getting into a rear end accident. Unfortunately, a rear end accident is not always avoidable. Pursuant to Michigan law, MCL 257.402 provides that drivers who hit the rear end of a car “shall be deemed prima facie guilty of negligence.” That means that Michigan law creates a presumption that the person who hit the rear end of another car is at fault for the accident and guilty of negligence. In addition, a person involved in a rear end accident can expect to get hit with a ticket known as “fail to stop within assured clear distance” (abbreviated on the ticket as FTSACD). The offense of FTSACD is found in the Michigan Traffic Offense Code at MCL 257.627(1) and is a civil infraction which carries 2 points on one’s driving record. Rear end accident tickets, or FTSACD, are one of the most common traffic tickets…
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More Pages to Explore .....
