Fue v. Biter, No. 12-55307 (11-17-16)(en banc-Bybee). In an en banc decision on equitable tolling, the 9th reversed the dismissal for untimeliness and remanded further hearings. The petitioner alleged that the California Supreme Court never notified him that it denied his state petition. He wrote them after 14 months inquiring, and stated that the petition was still pending when he filed his federal claim. The 9th held that if the petitioner proves his lack of knowledge of the denial, he would be entitled to equitable tolling.Congrats to Michael Tanaka, Deputy Federal Defender, Cal Central (Los Angeles).The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2016/11/17/12-55307.pdf
//blawgsearch75.rssing.com/chan-6519914/article21181-live.html
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And The Rotten Starts Coming To the Fore
Kari, I am so proud of you.Reynaldo, My Cuz, I am so proud. Defendants throughout New Mexico, you will not believe the story I have linked to this entry.Families of prisoners and loved ones, there is hope.Those who try to shut-up loud mouths like me, guess what? Silence does not end corruption.Silence is being an accessory to corruption.All hail the new King.To all who read this: Link this story on Facebook. Link this story on Social Media. Link. Link. Link.Spread the word....the horrible rotten is starting to come to the fore.Hobbs Police...........it's coming.And, it's going to be really, really embarrassing.Political investigations.Political Prosecutions.Are you ready readers?Enjoy!https://www.abqjournal.com/892280/da-alerts-feds-to-allegations-apd-deleted-altered-videos-in-police-shootings.html
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Community Fights State Changes To Sex Offender Treatment Program, Say Traditions Protect Villages
11-18-16 Alaska: Community members are concerned that sexual assault in the YK Delta may be about to increase, and that nearly a decade of work treating sex offenders and working with communities will be lost. The worry comes as state budget cuts reduced within a month the region’s Sex Offender Treatment Program from two clinicians and a case manager, with over 30 years combined experience
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Audit Finds Improvements in N.H.'s Sex Offender Program for Inmates — But More Work Remains
Here is why more work is needed: Few sex offenders released from prison on time, audit finds Not enough therapists!11-18-16 New Hampshire: A state audit finds that the Department of Corrections has successfully cut the time it takes inmates to complete sex offender treatment but there's still more work to do. For those who’ve committed a sex crime, the state requires inmates to complete a
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So who is happy or sad about Jeff Sessions for Attorney General?
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WaPo: Police are using software to predict crime. Is it a ‘holy grail’ or biased against minorities?
WaPo: Police are using software to predict crime. Is it a ‘holy grail’ or biased against minorities? by Justin Jouvenal: Soon, Coleman was back in his SUV on his way to fight the next pre-crime. Dozens of other LAPD officers … Continue reading →
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Case o' The Week: Lin Win - Lin, Sex Trafficking Conspiracy and Guideline Sentencing
The Honorable Judge Jerome Farris The Ninth confirms what we thought we knew - look to the guidelines for a crime of conviction. United States v. Wei Lin, 2016 WL 6678368 (9thCir. Nov. 14, 2016), decision available here. Players: Decision by Senior Judge Farris, joined by Judges Wallace and Watford.Facts: Wei Lin was charged with conspiracy to commit sex trafficking, in violation of 18 USC § 1594(c), and with counts of sex trafficking, in violation of 18 USC § 1591(a). Id. at *1. He pled to a conspiracy count. In exchange, the substantive sex-trafficking offenses were dismissed (charges that carried fifteen-year mandatory minimums). Id.His defense attorney told Lin the base offense level would be 14, under USSG § 2G1.1(a)(2). Id. Instead, the district court found the base to be 34, using a guideline that is tied to the mand-min punishment provision of the substantive sex trafficking offense. Id. The court denied Lin’s motion to withdraw based on…
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E.D.N.Y.: The exclusionary rule doesn’t [hardly ever] apply to violations of supervised release
The exclusionary rule does not apply to violations of supervised release, but it might be possible if the deterrence rationale could still apply sometimes, just not here. “Thus, just like in Scott, applying the rule would inhibit the government’s ability … Continue reading →
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D.Nev.: In NV, a MMJ state, smell of marijuana is still PC, and legal possession doesn’t have to be discounted
Nevada is a medical marijuana state, and LEOs don’t have to discount legal possession of marijuana before continuing a stop based on smell. United States v. Harris, 2016 U.S. Dist. LEXIS 157902 (D.Nev. June 30, 2016), adopted, 2016 U.S. Dist. … Continue reading →
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The Marshall Project: 8 Ways Jeff Sessions Could Change Criminal Justice
The Marshall Project: 8 Ways Jeff Sessions Could Change Criminal Justice by Eli Hager, Alsia Santo and Simone Weischselbaum: From police to prosecutions to prisons, the AG holds wide sway.
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There Is No “Morality” Exception
As charged, Josh Kendrick made the argument that the defense lawyer should put the needs of the defendant ahead of any societal desire for racial neutrality on the jury. Not only is this a reflection of the ethical duty to zealously defend, but the recognition that in the clash between the Sixth Amendment right to counsel and the Equal Protection Clause, a defense lawyer’s duty is to the former. For having done as charged, he received this reaction: The question is: Do the ends justify the means? Seems like a decided question. As Caleb writes, “Unequivocally, the answer is no.” You have defined the ends as “win, win, win.” You don’t care if the client is innocent or guilty. You don’t care if you destroy a witness’ reputation or career by admittedly misrepresenting and distorting the truth. Your goal is to get every client off so nobody ever goes to jail. And you think morals are relative. I just can’t find a bit of this…
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The $2 Chemist Rule
It’s given the name “probable cause” even though it’s neither probable nor cause. The law likes to do that, because it lets good people sleep at night believing that there is a viable system in place that both protects them from the bad guys and preserves their freedom. Yay, law! But probable cause is a rhetorical trick. Doggie sniffs, which are basically coin tosses with cute puppies who, when ordered, will bite your head off, continue to impose their tyranny on the public because judges aren’t cat people. When there’s no doggie to be had, what’s a cop to do? When officers tested the powder using a $2 narcotics identification kit, it was identified as a controlled substance. The only problem with the $2 testing kit, available at a K-Mart near you, is that its prone to false results. This isn’t a secret. So why use it? Did you not read that it only costs $2? The government has a duty to protect the public fisc. That’s…
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A (Relatively) Open Thread: Identity First
Mark Lilla, who gets a paycheck for, of all things, teaching humanities at Columbia University, took his career into his hands by writing an op-ed entitled The End of Identity Liberalism. Oh boy. But how should this diversity shape our politics? The standard liberal answer for nearly a generation now has been that we should become aware of and “celebrate” our differences. Which is a splendid principle of moral pedagogy — but disastrous as a foundation for democratic politics in our ideological age. In recent years American liberalism has slipped into a kind of moral panic about racial, gender and sexual identity that has distorted liberalism’s message and prevented it from becoming a unifying force capable of governing. While I would take issue with his characterization of liberalism, which I view as a conflation of liberalism with progressivism, that’s just my pet peeve. I’m big on definitions, which have gone out of fashion among…
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Fatality Crash US95 / Selle Rd
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 CASE #:C16002761 District: One --------------------- PRESS RELEASE ----------------------------- DATE: 11/19/2016 TIME: 0002 LOCATION: US95 / Selle Rd ASSISTING AGENCIES: Bonner County Sheriff ------------- VEHICLE #1 DRIVER: Barbara Crawford AGE: 64 ADDRESS: Sandpoint, ID INJURIES: Fatal HOSPITAL/LOCATION TAKEN: Lakeview Funeral Home VEHICLE YEAR: 2005 VEHICLE MAKE: Ford VEHICLE MODEL: Escape WRECKER: Clydes SEATBELTS/HELMET WORN: Yes ------------- VEHICLE #2 DRIVER: Christopher Hodgkinson AGE: 34 ADDRESS: Red Deer AB INJURIES: None VEHICLE YEAR: 2014 VEHICLE MAKE: Kenworth VEHICLE MODEL: Semi WRECKER: Clydes SEATBELTS/HELMET WORN: Yes -------------…
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Victim of a Connecticut DUI / DWI Car Accident? Know Your Rights!
If you or your family member have been the victim of a DWI / DUI / drunk driving arrest in Stamford, Greenwich, Darien or anywhere in Connecticut, then you know how stressful it is to have to deal with chasing down insurance companies, getting your car repaired, and dealing with doctors, in addition to coping with your injuries, emotional trauma and court-related stressors from being a victim of a Connecticut DUI / DWI / drunk driving arrest. That’s why some of the top Connecticut DUI / DWI victim lawyers and attorneys offer assistance to DUI / DWI victims in both the criminal and civil courts. For more clarity on the court process, we’ve laid out 3 practice points you should know immediately after being the victim of a Connecticut DUI / DWI / drunk driving accident… Before the Court Process Even Begins, Insurance Companies Will Take Your Recorded Statement That’s right. Even though you were the victim of a Connecticut DUI / DWI, the insurance…
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HuffPo: Jeff Sessions Was Deemed Too Racist To Be A Federal Judge. He’ll Now Be Trump’s Attorney General.
HuffPo: Jeff Sessions Was Deemed Too Racist To Be A Federal Judge. He’ll Now Be Trump’s Attorney General. by Ryan Reilly: WASHINGTON ― The man who President-elect Donald Trump will nominate as the 84th attorney general of the United States … Continue reading →
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We're Off to See the Wizard (and the Children of Mussolini)
Jefferson Beauregard Sessions and the Munchkins. Separated at birth? I think so. I don't really have much to say about Trump's Friday dump of radical right cabinet picks. They are to be expected. It just shows the futility of... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Massachusetts Gun Permit Applications Skyrocket
More and more these days, I get calls from people who want me to assist them in obtaining a Massachusetts firearms license (gun permit,) or to represent them in an appeal of a permit denial they have received. Importantly, these aren’t people who have been accused of committing any crimes – they’re law-abiding citizens who want to legally carry a gun. Even more striking, the vast majority of these people have never carried any kind of firearm before. Some who are reading this post this might think these people are suspicious types – ne’er do wells, uneducated people, or hunters. As a Massachusetts gun license lawyer, I can assure anyone: They’re not. In fact, the vast majority of them are educated, working people who never before though that they’d ever want to own a gun – but now they want to. What drives them to want this? The answer is a toxic mix of factors: The shocking increase in…
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DUI Car Crash Results in Arrest for Waltham Man
Drunk driving is a criminal offense, despite the fact many frequent drunk drivers do not think of it as a crime. While many people would never even dream of stealing a candy bar from a local drug store or supermarket, they have no problem drinking to the point of intoxication and then getting behind the wheel of a car. This action is not only criminal, but can and often does result in a serious personal injury or even death. Not only do people not see it as a crime before they are caught, many people are willing to get behind the wheel and do it again after they have been arrested for drunk driving on at least one prior occasion. According to a recent news article from the Boston Globe, a drunk driving car crash just resulted in a man near Waltham, Massachusetts being arrested for operating a motor vehicle under the influence of intoxicating liquor or drugs (OUI) second offense. As a result of this crash, defendant and another driver ended up in local…
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Should A DUI / OVI As A Juvenile Enhance A Later DUI / OVI As An Adult?
In Ohio DUI / OVI cases, mandatory minimum penalties are increased based on prior OVI convictions. One issue faced by Ohio courts is whether a person’s OVI adjudication (‘conviction’) as a juvenile can be used to enhance a subsequent OVI sentence as an adult. The Ohio Supreme Court recently issued an opinion which settles the issue. The case of State v. Hand did not involve an OVI, but the decision will apply to OVI convictions. Hand was convicted of Aggravated Burglary, Aggravated Robbery, Kidnapping and Felonious Assault. Those offenses are categorized as first degree felonies and second degree felonies. Ohio Revised Code section 2929.13(F)(6) says the judge must impose a mandatory prison term for first and second degree felonies if the defendant has a prior conviction for a first or second degree felony. Ohio Revised Code section 2901.08(A) says a juvenile adjudication for a criminal offense or traffic offense is a…
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