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Thursday Open Thread

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Here is a new open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

In-Chambers Modifications and Extensions of Probation

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Not all changes to a person’s probation happen after a hearing. Many changes are made in chambers (or some other location other than the courtroom), with the consent of the parties. Though it happens all the time, the General Statutes don’t really say much about it. Today’s post covers some of the issues that can arise. A typical fact pattern: a probationer is behind on the payment of his monetary obligations and needs more time to pay. The probation officer asks the probationer if he will consent to an extension of probation. If he will, the officer prepares a motion to modify—form AOC-CR-609 in a regular probation case, or AOC-CR-622 in a deferral or conditional discharge case. It will be styled as a “motion to modify the defendant’s probation without charge of violation.” If the probationer and prosecutor will sign it, the officer will proceed to get it signed by a judge, with the judge indicating that he or she has, “upon…

News Scan

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Trial Begins for CA Sex Offender who Killed Four Women:  One of two convicted sex offenders charged with raping and killing four Southern California women while wearing an electronic monitor began his trial on Wednesday.  The AP reports that Steven Dean Gordon, 47, and Franc Cano, 30, who will be tried separately at a later date, have pleaded not guilty to rape and murder with special circumstances.  Both men are registered sex offenders with convictions in separate cases of lewd and lascivious acts on a child.  The men are believed to have known each other since 2010, when they cut off their GPS devices and fled to Alabama, where they were arrested.  Two years later, they cut off their devices again and fled to Las Vegas and were apprehended after two weeks on the run.  In 2013 and 2014, Gordon and Cano randomly targeted, raped and murdered four women, three of whom have never been found.  Gordon confessed to the murders during grand jury…

State v Benjamin examines the Discretion of the Prosecutor when Denying Graves Act Waiver in Gun Cases.

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State v Benjamin is a currently pending decision by the New Jersey Supreme Court, in which the defendant was denied a Graves Act sentencing waiver that would have reduced his sentence by 30 months. Under normal circumstances, when convicted of unlawfully carrying a firearm in violation of N.J.S.A. 2C:35-5b, the mandatory minimum sentence is 42 months in state prison. However, some individuals may qualify for a waiver of this mandatory sentence and be sentenced to a 1 year mandatory minimum sentence or probation with the consent of the prosecutor. The prosecutor may refuse to sign off on this waiver, also known as an “escape valve” for a number of reasons including a significant prior record, the nature and circumstances of the offense, or gang affiliation (to name a few). But what happens when the defendant feels that they do fall within a category of defendant that deserves this waiver or escape valve but is denied by the prosecutor’s office? The defense has…

SOLANO COUNTY PROBATION GETS DRUNK DRIVING ENFORCEMENT GRANT

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The California Office of Traffic Safety has granted the Solano County Probation Department $290,000 to ensure that DUI offenders are complying with the terms of their court ordered probation. Felony and repeat misdemeanor drunk driving offenders who are placed on probation must pay fines, attend drunk driving program classes and in some cases abstain from the use of and possession of alcohol.   The grant awarded to Solano County will allow probation officers to provide intensive supervision and monitoring to high risk DUI offenders.  Probation officers will enforce court orders with a goal of protecting the citizens of Solano County and preventing the re-arrest of probationers on new driving under the influence cases. A drinking and driving conviction for a first offense in Solano County, Napa, or elsewhere in the Bay Area can result in punishment including probation, fines, a DUI school and up to 6 months in…

Criminal Defense Attorney Free Consultation Lawyer In NJ

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IMG Legal Group represents those who have been accused of a wide range of offenses and municipal offenses.Criminal defense attorney Ian Goldman defends against drug charges, weapons charges, DWI, sex crimes, assault, and theft in Monmouth and Ocean counties, NJ.When choosing lawyers in Monmouth County, NJ be sure to call on IMG Legal Group a free consultation lawyers in NJ.Our ultimate goal is to help you overcome what may be the most difficult time in your life by providing compassionate support, sound legal advice, and aggressive advocacy.For more information about our professional services, please contact our office for a complimentary consultation.Hire Expert Criminal Defense Attorney.Ian Goldman is an experienced criminal attorney at www.IMGLegalGroup.com afree consultation lawyer in NJ. Put your trust in Monmouth County NJ Lawyer Ian Goldman. Ian Goldman has offices in Jackson, NJ and Red Bank NJ. For more information about Mr. Goldman visit IMG Legal Group online at…

Dyer on Grossly Disproportionate Sentences

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Andrew Dyer (University of Sydney - Faculty of Law) has posted (Grossly) Disproportionate Sentences: Can Charters of Rights Make a Difference? (Monash University Law Review, Forthcoming, 2017) on SSRN. Here is the abstract: A comparison between United Kingdom (UK) and...

AN REGJB CABINET

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As much of the world watches transfixed over the train-wreck and incompetence of a Donald J Trump led transition, we wondered how the cabinet would be filled out if we only had the denizens of the REGJB to fill the posts. Obviously Janet Reno as AG, since she was AG, so lets leave her out of it. We'll start it off.  Our appointment to the Supreme Court would be Ed Cowart, a gentleman, a scholar, and possessed of a razor sharp legal mind nestled in the old south genteelness of a different era. Our second choice would be the late Circuit Court judge Michael Salmon, who was scholarly and always wanted to be an appellate court judge. Lawyers, judges, past and present are all eligible. Have at it. See you in court.Site Feed

Yes on 66 Committee Declares Victory

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Californians to Mend, Not End, the Death Penalty. No on Prop 62, Yes on Prop 66 issued a press release this afternoon.  The text follows the break.------------------------------  PROP. 66 WINS MAJORITY VOTE TO MEND, NOT END, THE DEATH PENALTY   Californians Once Again Vote to Keep the Death Penalty Intact and Ensure Justice   SACRAMENTO, CA - California voters shot down Prop. 62, which would have abolished the death penalty, and a majority of voters cast ballots in support of Prop. 66, which will streamline the death penalty appeals process, increase appellate attorneys, and save taxpayers millions annually:   "As more and more absentee ballots are counted, it's becoming clearer that California voters not only want to keep the death penalty intact but they want it to work efficiently. As of today, Yes on Prop 66's lead has grown by more than 300,000 votes. This is the ninth time California voters have voted in favor of keeping…

Another DWI Dismissed: Due Process Is Front And Center Before The Minnesota Supreme Court

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We have blogged extensively about the ongoing due process issue working its way throughout he court system.  In sum, we believe that telling drivers that "refusal to take a test is a crime" when that is actually a complete lie is unconstitutional. And that's not just our opinion -- many other judges agree. That includes judges on our Court of Appeals, the judge in another one of our recent wins . . . and, maybe, a majority of the justices of the Minnesota Supreme Court.  First, the Court of Appeals: In the Johnson case, the Minnesota Court of Appeals recently decided this issue, holding that lying to drivers about being charged with an unconstitutional crime is a violation of their due process rights. This was a big deal for a variety of reasons, the least of which was that it directly contradicted several prior decisions. But all in all, it was a resounding victory for the constitution. Second (and before the ink was even dry on the…

Use of Japanese Internment Camps to Justify Muslim Registry Offends Constitution

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American history is pockmarked with countless episodes of racial and religious discrimination.   City Upon the Hill   As Americans, we are fond of perpetuating our own storybook myth, beginning with the pilgrims in 1620 and followed by the Puritans, that there is a mythical “city upon a hill,” as their governor John Winthrop called it, where there is a “melting pot” of all people who can come and practice their own faith.   The reality is, however, as Kenneth Davis pointed out in his 2010 Smithsonian piece, that “this tidy narrative is an American myth. The real story of religion in America’s past is an often awkward, frequently embarrassing and occasionally bloody tale that most civics books and high-school texts either paper over or shunt to the side. And much of the recent conversation about America’s ideal of religious freedom has paid lip service to this comforting tableau.   “From the earliest arrival of…

Cell Phones Provide Key Data For Criminal Investigators

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A cell phone left at a crime scene is usually a big clue for investigators, but it may hold more evidence than meets the eye, according to a new study. “You can imagine a scenario where a crime scene investigator comes across a personal object — like a phone, pen or key — without fingerprints or DNA, or with prints or DNA not found in the database. They would have nothing to go on to determine who that belongs to,” said senior author Dr. Pieter Dorrestein.“So we thought — what if we take advantage of left-behind skin chemistry to tell us what kind of lifestyle this person has?” Trace Molecular Evidence Research funded by the National Institute of Justice found that residue and molecules left on a cell phone can tell a lot about the person of persons who used them. Researchers say this molecular evidence can be a huge help in narrowing a field of suspects. The team of scientists said that molecules can leave a variety of clues, like…

Harris County Prosecutors Still Cheating to Secure Wrongful Convictions

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As we have discussed before, the Harris County District Attorney’s Office has a long history of rogue prosecutors who engaged in all sorts of unethical and sometimes illegal conduct to advance their professional careers.   Take, for example, former, and quite infamous, Assistant District Attorney Kelly Siegler who last year was found by a local Harris County criminal court judge to have engaged in 36 instances of prosecutorial misconduct in the case of David Temple—an innocent man she relentlessly pursued until she got a wrongful conviction.   Cold Justice Cancelled After Defamation Suit   This former roguish prosecutor, and former TNT reality show star (“Cold Justice”), managed to get herself, the TNT network, and the producers of Cold Justice sued for violating the civil rights and defaming an acquitted Ohio murder suspect. The lawsuit resulted in the cancellation of Cold Justice this past May.   Harris County Prosecutor Allowed…

News Scan

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AR Man Sentenced to Death for Killing Son:  An Arkansas man was sentenced to death this week for his son's murder, an outcome prosecutors said was not only justice for the little boy, but for the killer's other children who suffered physical and sexual abuse at his hands.  Zuzanna Sitek of KFSM reports that a jury on Tuesday recommended the death penalty for Mauricio Torres, who was convicted a day before for capital murder in the 2015 death of his son Maurice Isaiah Torres, 6.  He also received an additional 20 years for first-degree battery.  Five of Torres' children and stepchildren testified against him, all of whom detailed years of physical and sexual abuse perpetrated by him.  Torres' wife, Cathy, is scheduled to go to trial next year on the same charges.GA Carries out 8th Execution of the Year:  A Georgia death row inmate was executed on Wednesday, marking the state's eighth execution of the year.  Kate…

Study: Racist Police Narrative is False

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For the past eight years, the world has been told that American law enforcement is infected with racism.  The President, the Attorney General, most civil rights leaders, most of academia, seemingly every Democrat politician in the country, and the national media have repeatedly cited the disproportionate number of arrests, convictions and incarceration of young black males as proof that white police officers and prosecutors are literally rounding up blacks and throwing them in prison.  We have been told that the racial bias is so prevalent that white police officers routinely single out black suspects and murder them.  The Black Lives Matter movement was formed specifically to fight this perceived injustice and over the past couple of years more than a few police officers have been assassinated by BLM followers.  John Lott, Jr., of the Crime Prevention Research Center and Carlisle Moody of the College of William and Mary have released a study mentioned below…

Privacy Matters: Browser Add-Ons

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Most of us do our best to implement security measures to protect our computers. One easy way, of course, is to never click links from unknown sources, which sounds like a no-brainer, but did you know cyberhackers will create email addresses that closely mirror one of your friend’s or associate’s? I wrote about a real-life occurrence where a woman, thinking she’d received an email from a close friend, clicked on an embedded link within the email…which triggered ransomware that locked up her computer. My post on her story: Safer Internet Day: A Ransomware Story & Cyber-Security Tips. Below I list some easy-to-download online security add-ons for your browser. Of course, there are more pervasive ways to protect computers, such as switching to protected browsers and search engines, but for this post I’m focusing on browser add-ons only. Add-Ons to Help Protect Your Browsing Below are a few browser add-ons and their…

Root on Coordinating Compliance Incentives

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Veronica Root (Notre Dame Law School) has posted Coordinating Compliance Incentives (102 CORNELL LAW REVIEW __ (2017) (Forthcoming)) on SSRN. Here is the abstract: In today’s regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators...

Press Reports that President-Elect Trump Agrees to $25 Million Settlement in Trump University Case

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Steve Eder, Donald Trump Agrees to Pay $25 Million in Trump University Settlement, NYtimes Harper Neidig, NY announces $25M settlement in Trump University Case, The Hill (esp)

How Will Prop 64 Impact DUI’s In California?

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DOES THE PASSAGE OF PROP 64 MEAN MORE HIGH DRIVERS ON THE ROAD? Now that Prop 64 has passed, will we see more drivers under the influence on California roads? Maybe. But as I discussed in previous posts, unlike alcohol, there is no definitive way to test for the immediate presence of THC (the chemical in marijuana and marijuana derivatives that makes a person “high”) in a person’s system. Furthermore, while the DUI laws make it illegal to drive under the influence of marijuana, whether a driver is under the influence is a subjective assessment made by the detaining officer and unless the car is reeking of pot, the evidence may be difficult to prove in court. While science and the legislature are working on better testing and specific statutory limits, the state is currently in the predicament where recreational use of marijuana is legal, much like alcohol use, but the laws controlling driving under the influence of marijuana are ambiguous. The critics of Prop…

Prop 64 and Prior Marijuana Convictions in California

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PETITION UNDER PROPOSITION 64 TO DISMISS AND SEAL OR TO REDUCE A PRIOR MARIJUANA CONVICTION By a hefty margin of 56%, Prop 64 was passed in California on November 8. It is now legal for Californians over the age of 21 to possess, transport, and buy 28.5 grams (a little over one ounce) of marijuana for personal use. It is also now legal to grow up to six marijuana plants at a time. So, what about all those Californians who were arrested and convicted for possessing or transporting amounts of marijuana now legal under the law? Continue reading →
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