“Keepin’ it real” just got easier, in the Ninth (unfortunately). United States v. John Doe, 2016 WL 6958647 (9thCir. Nov. 29, 2016), decision available here.Players: Decision by visiting Sr. District Judge Garbis, D. Maryland, joined by Judges Silverman and Nguyen. Facts: John Doe refused to give his name, through the appeal. Id. at *1 & n.1. The victim of this ID case was born in ’63 and later obtained a social security card. Id. Before ’87, the victim’s birth certificate and social security card was sold; someone used these docs to obtain replacements. Id. at *1. The victim’s identification was then used for 27 years without authorization. Id. Evidence showed Doe used the victim’s identity in 2002 to get a driver’s license. That license was periodically renewed until 2014 when Doe was arrested. Id. Doe was charged with agg ID theft, and false statements in immigration docs. Id. at *2. He was convicted after…
Case o' The Week: Doe, a Drear, a New-Rule Drear: Doe and Proof of Knowledge of Real ID for Agg Identity Theft
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After securing right of self-representation, Dylann Roof says he now wants lawyer help for guilt phase of capital trial
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NFL WEEK 13
SURVIVOR POOLDown goes De La O- an ill-timed pick of the Big Easy Saints sent the respected jurist and rumoured favourite down in week 13. But well played Judge De La O. Well played indeed. Luvey and Lew marched on with a Packers win, whilst the annoying Real Fake Former Judge flew with the Arizona Cardinals to a win and survival. On we go.Site Feed
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It All Seemed So Good: Toronto Neurosurgeon Arrested for Murder of Wife
Mohammed Shamji had it all: a beautiful wife, who was herself a family doctor, three lovely children, and a PhD from Duke University in biomedical engineering, which paved the way for his reputation as a world-renowned neurosurgeon. But the family was hiding a secret…according to news reports, the Shamji’s had visits from the police more than once for allegations of domestic violence and neighbours reportedly heard them fighting. Tragically the ultimate weapon for men that engage in family violence was unleashed when Dr. Sahmji, age 40, allegedly murdered his wife, Elana Fric-Shamji last week in their garage. He was arrested on Friday and is in police custody charged with first degree murder. The media reports that Dr. Shamji placed her body in a suitcase and dropped her beside a river in suburban Toronto, where she was found the day before her husband was arrested. The coroner determined she died from strangulation and blunt force trauma. It…
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HIT & RUN: DISMISSED PRIOR TO ARRAIGNMENT
EN, the 36 year old owner of a manufacturing company and a North Andover Resident, received a citation in the mail for leaving the scene of a property damage accident in the O’Neill Tunnel in Boston. EN’s company owns about ten vehicles and employs about 40 people. EN knew nothing of any alleged accident. EN researched his company records and was able to identify the particular truck and driver. The driver had no recollection of any accident and denied being in any accident. EN failed to appear for a Clerk-Magistrate Hearing and a criminal complaint issued against EN for Leaving the Scene of a Property Damage Accident. EN was summonsed to court for an arraignment (Boston Municipal Court, Central Division). He went into the arraignment without an attorney thinking he just had to tell the Judge that he was not driving and the case would go away. The Judge told EN to get a lawyer and come back to court with his lawyer. The Judge continued the arraignment to Friday,…
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FELONY GUN CHARGE DISMISSED
KW, is the 42 year old owner of a medical care corporation. His company is a multi million dollar company. Because he is heavily involved with medicare and medicaid patients both Federal Law and State Law prohibit him from having an administrative or ownership position in the company if he is a convicted felon. In 2008 KW had a large collection of firearms. As the result of a theft case involving a replica gun silencer KW was forced to surrender his License To Carry (LTC) and his Firearm Identification Card (FID). In addition he was required to get rid of all his firearms and ammunition. KW surrendered his LTC and his FID Card and he surrendered all his weapons and ammunition – at least he thought he did. In 2016 (8 years later) the police conducted a consent search of KW’s house in Tewksbury as the result of an investigation of certain criminal accusations being made against KW. During the search the police found a .22 Magnum caliber, North American Arms…
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A FORMER SCHOOL CAN STILL BE A SCHOOL UNDER ILLINOIS DRUG LAW
Under Illinois law, the penalties are increased if you knowingly manufacture, deliver or possess with intent to deliver a controlled substance such as heroin or cocaine when you are within 1,000 feet of a school building. For example, a Class 1 felony can be upgraded to a Class X. These penalties can be raised even if school is not in session, and no children are present. Now, a new Illinois Appellate case has held that a school is still a school under this law even if the building no longer operates as a school. In People v Tolliver, the defendant argued that his drug charges should not be upgraded because the Chicago Public Schools had closed the school in question. The Court disagreed, stating that the building still had the identity of a school and would still draw neighborhood children to its premises. The court considered the following factors: (i) ownership and maintenance by Chicago Public Schools, (ii) purpose, (iii) design, (iv) site characteristics (including…
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Yockey on Accountability in Corporate Crime
Joseph W. Yockey (University of Iowa College of Law) has posted Beyond Yates: From Engagement to Accountability in Corporate Crime (New York University Journal of Law and Business, Vol. 12, No. 2, 2016) on SSRN. Here is the abstract: In...
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Oakland: It Justs Keeps Getting Sadder
The death toll in the Oakland Ghost Ship warehouse fire has now reached at least 36. The Daily Mail has photos and stories about some of those who lost their lives. A criminal investigation is underway. All of SFist's coverage is here. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Monday Open Thread
The news reads like a joke: Al Gore meets with Ivanka Trump (and then her father) on climate change. Is anyone surprised Jared Kushner and Ivanka Trump are house-hunting in Washington? A federal judge has ordered the vote recount in... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Near Unanimity
What is the highest level of agreement Gallup has ever polled on a public policy question? Lydia Saad has this item from Gallup's vault, 75 years ago next week. She doesn't say it's the highest, but it is hard to imagine anything above 97%.
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St. Augustine Man Arrested In Mobile Meth Lab Bust Outside Publix
A St. Augustine man was arrested Monday afternoon after he was allegedly found in possession of a mobile meth lab in the parking lot of a Publix supermarket on State Road 16, according to the St. Johns County Sheriff’s Office. The 30-year-old is charged with producing and trafficking methamphetamine, according to St. Johns County Jail records. Deputies claim they went to Publix after receiving a tip and found the man standing next to a van with a woman. Inside the van, deputies allege they discovered two duffel bags that contained 127 grams of methamphetamine oil, batteries, scales and other equipment used in the manufacture of the drug. The man is being held on a $65,000 bond at the St. Johns County Jail. Some of the most serious drug crime charges in the state of Florida are for the manufacturing of methamphetamine and meth labs. If you are accused of manufacturing meth or running a meth lab, you need to get legal help immediately. These charges are no joke and you…
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WHAT TO DO IF YOU'RE BEING INVESTIGATED OR PROSECUTED FOR FEDERAL CRIMINAL SECURITY FRAUD
Security Fraud as defined by Federal Statutes at 15 U.S.C., Section 78J(B) can surprisingly encompass a wide range of activities that one might not readily believe are criminal. In fact the statute is purposefully vague so as to be a catch-all clause that prevents fraudulent practices in general. Despite this under the harsh Federal Sentencing Guidelines a conviction for Security Fraud often results in many years of federal prison even when someone can prove that he did not know that his actions were unlawful as all that is required under the federal criminal code is that it be shown he acted willfully. Securities Fraud does not requireKnowledge it's UnlawfulThe statute delineates that it's unlawful to "directly or indirectly ... use or employ in connection with the purchase or sale of any security ... any manipulative or deceptive device or contrivance of such rules and regulations as the SEC may prescribe." So we go to the SEC to find Rule 10b-5…
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The Limits of Free Speech
The First Amendment to the U.S. Constitution says, "Congress shall make no law ... abridging the freedom of speech ...." The Fourteenth Amendment is understood to extend this limitation to state legislatures.Note the wording carefully. It does not say "the freedom of speech" has no limits. The freedom of speech may not be abridged, meaning reduced from what it was when the First Amendment was adopted. "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." Schenck v. United States, 249 U. S. 47, 52 (1919) (Holmes, J.).Threatening people is not within "the freedom of speech." Fourteen years ago, CJLF defended Virginia's cross-burning law as applied to a cross burned in a manner that constituted a threat to specific people, and the U.S. Supreme Court upheld it as so applied in Virginia v. Black.*A few years later, the Virginia…
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Avoid Mandatory Minimums, This Is What You Get, Part II
I wrote a few days ago about the hundreds of victims of murder, rape and robbery whose victimizers were set loose early because of the sentencing "reform" statute followed in the District of Columbia. That statute, the Youth Rehabilitation Act, was born of exactly and precisely the thinking that continues to push sentencing "reform" in Congress: That we must avoid the collateral consequences of giving young adults a felony record, that we're too punitive, that the system is racially biased, and that everyone deserves a second chance. The problem is that these "youthful offenders" overwhelmingly do not get rehabilitated, having no particular interest in the matter. And why should they? The system itself rushes to tell them that their predation just isn't that serious. To whatever minor extent it is, however, the problem is not with them. It's with us. The difficulty lies not with their behavior, but…
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A Death Sentence for Want of a Lawyer
In today’s New York Times, former Chief Justice Norman Fletcher has written an editorial denouncing the upcoming execution of the Georgia inmate sentenced to death in 1990. Chief Justice Fletcher is particularly concerned about the fact that the inmate lost out on the possible federal review of this case when, while representing himself, he missed the deadline for federal habeas corpus by eight days. Georgia is one of the states that in the right to counsel after the direct appeal, even on sentences of death. For Chief Justice Fletcher, the tragedy is even worse because there were potential issues of merit in the habeas corpus. Justice Fletcher sheds light on not only a troubling issue in death penalty cases in Georgia. He also discusses the fact that there is no right to counsel at the habeas corpus stage in spite of the fact that habeas corpus is a complex process that is confusing even to attorneys. In Georgia, the defendant must raise ineffective…
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Road Fatalities Up Nationwide: Economy Most Likely Factor
Advocacy groups that are against drunk driving, like Mothers Against Drunk Driving (MADD), often insist that their efforts are far more effective than they really are. This isn't surprising – they're advocacy groups, whose sole purpose is to convince others that they're right. However, when it comes to preventing people from dying in car accidents across the United States, the effect of passing more draconian laws that deal with operating under the influence (OUI) is often overblown. Now, researchers at the University of Connecticut are showing that road fatalities might have more to do with the economy than previously thought. After Decades of Decline, Road Fatalities in Sharp Climb Since the 1970s, the number of people who have been killed in car accidents has been in a steady decline. This graph, posted on Wikipedia, shows the total number of people killed in car accidents every year, according to stats gathered by the National Highway Traffic Safety…
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Proposition 66 Status
As of 2:24 pm today, the Proposition 66 margin of "yes" over "no" is 287,711 votes. This exceeds the number of unprocessed ballots in today's 11:59 am Unprocessed Ballots Report, which is 232,852.The Secretary of State has until December 16 to certify for results for all races except the presidential election.The all-but-final result on the Proposition 62, the death penalty repeal measure, is 46.9% to 53.1%. The margin is 845,755 votes. The 6% spread is greater than the 4% spread by which California voters rejected substantially the same proposal four years earlier as Proposition 34.
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NFL Star Drugs and Rapes 9 Women in Multiple States
NFL network star Darren Sharper has recently pled guilty or no contest to drugging and raping a total of nine women in multiple states reports say. While working as an analyst for the NFL network Sharper reportedly approached two women at a nightclub in West Hollywood in October 2013. He invited them to a party telling them he had to stop by his hotel room first. While they were inside his hotel room he offered the women drinks. One of the women woke up naked to Sharper, while he was sexually assaulting her. A few weeks later he was at the same nightclub and again, invited two women to a party, telling them he needed to stop by his hotel room.The women apparently lost consciousness sometime after. For several months Sharper allegedly repeated these tactics across four different states. Over a dozen women eventually came forward, which led to criminal convictions five jurisdictions, including federal court. Continue reading →
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"No Bars: Unlocking the Economic Power of the Formerly Incarcerated"
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More Pages to Explore .....
