24 year old Vrenda Moreno was driving north on South Central Avenue early Thursday morning when she claims another car cut her off. That’s when she crashed into the side of an apartment where a 5 year old boy was sleeping according to Lt. Nate Williams. The boy and his parents and two other children were in the apartment. Ms. Moreno is suspected of DUI. When she veered off and allegedly hit the apartment her car went through the wall pinning the father and the boy underneath the wreckage and also injuring two other people in the home. Los Angeles firefighters worked diligently to free the boy and his father from under the car and mounds of debris trapping them according to L.A. Fire department spokesman, Brian Humphrey. “The five year old boy was most severely trapped,” he said in his statement. Continue reading →
Woman Suspected of DUI Crashes Into Apartment Killing a 5 Year Old Boy
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Insider Trading - Is The Law Now Clear?
As co-blogger Solomon Wisenberg noted here, the Supreme Court issued an opinion today in Salman v. United States resolving an issue related to insider trading. But is the law really clear now, as some claim (see here)? It would appear...
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Burton files bill to end Class C arrests like Sandra Bland's
Texas State Sen. Konni Burton today filed SB 271, which would eliminate most arrests for Class C misdemeanors like the one that triggered Sandra Bland's arrest, incarceration, and ultimate demise. As Grits emphasized over the weekend speaking to members of the group Faith in Texas, if the trooper in Bland's case had not had authority to arrest her for failing to signal a lane change, she'd still be alive today teaching at Prairie View and we'd never have heard her name. This change in the law, had it been in place at the time, would have stopped that chain of events in its tracks.This really good, important bill comes to us as a slightly stronger version of legislation which passed in 2001 right after the original, bad Supreme Court ruling, only to face a veto by then-rookie Gov. Rick Perry. Back then, we called this idea the "soccer mom" bill after Gail Atwater, who was arrested in Lago Vista with her child in the car for a seat belt…
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Supreme Court Finds That Courts Have Discretion to Fashion Remedy for Violations of False Claims Act Seal Provision: State Farm Fire & Casualty Co. v. U.S. ex rel. Rigsby
Dear Readers:The Supreme Court today handed down its unanimous decision in State Farm Fire & Casualty Co. v. U.S. ex rel Rigsby et al,, and affirmed the 5th Circuit's ruling that a relator's violation of the False Claims Act's "seal" provision, 33 U.S.C. § 3730(b)(2), does not require dismissal of the relator's qui tam complaint. I assume this ruling was widely anticipated since, as the Court pointed out, there is nothing in the False Claims Act's "text and structure" that requires dismissal of a relator's qui tam in the event a relator violates the seal. As to what sanction, including dismissal, may be appropriate for a violation of the seal, the Supreme Court left that to the "sound discretion of the district court." For those seeking further details about the Rigsby decision, I commend to you Ronald Mann's analysis of the Court's opinion found on SCOTUSblog: Opinion analysis:…
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Tuesday Night Open Thread
The predicted "arctic freeze" in Colorado has begun. It is really cold, and just started snowing. It's a perfect night to stay in and watch the premiere of El Chema on Telemundo. You can watch the first 20 minutes here. The recount in... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Wells Fargo Turns to Arbitration Clauses to Neutralize False Account Lawsuits
The New York Times reports that Wells Fargo has been using arbitration clauses in its contracts with customers to defeat claims that the bank set up false accounts for customers:Ms. Zeleny, a lawyer who lives outside Salt Lake City and opened a Wells Fargo account when she started a new law practice, said it would be impossible for her to agree to arbitrate her dispute over an account that she had never signed up for in the first place.The bank’s counterargument: The arbitration clauses included in the legitimate contracts customers signed to open bank accounts also cover disputes related to the false ones set up in their names.Some judges have agreed with this argument, but some lawmakers and others consider it outrageous.“Wells Fargo’s customers never intended to sign away their right to fight back against fraud and deceit,” said Senator Sherrod Brown, an Ohio Democrat, who introduced a bill last week that would prevent Wells from forcing arbitration…
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Ineffective Assistance of Counsel and Rejected Plea Deals – Rodriguez v. Bush
In our court system, criminal defendants who cannot afford to have legal counsel are entitled to have a public defender appointed to represent them in their criminal trials and proceedings. While many of these public defenders provide competent and admirable legal assistance in the face of overwhelming and stressful workloads, there may be occasional failures of representation. Such failures can also happen with privately retained counsel. When these failures gravely affect a criminal defendant’s case and compromise his or her rights, a criminal defendant can sometimes have decisions of the court, or a conviction, overturned on the basis of “ineffective assistance of counsel.” A recent case before the Fourth Circuit Court of Appeals looks at whether ineffective assistance arises when a criminal defense attorney fails to object to a court’s rejection of a plea deal. In Rodriguez v. Bush, Rodriguez was on trial for drug trafficking. The…
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Redondo Beach Neurologist Pleads to Overprescribing Painkillers in Los Angeles County Case
On December 1, 2016, a Redondo Beach neurologist Gerard Goryl plead guilty to selling narcotics to undercover police officers two years ago. Dr. Goryl pleaded no contest to 38 counts, including illegally prescribing a controlled substance and possession for sale of a controlled substance in Los Angeles County Case No. BA425289. The sentence is an example of the new felony sentencing after realignment. Dr. Goryl is expected to receive four years in local custody (which means that he will avoid state prison and serve the time in county jail with usually 2 years in and 2 years out and get credit for half time) and three years in a lockdown mental health facility when he is sentenced on Jan. 4.The sentence to lockdown mental health facility shows that there were other factors in this case affecting the neurologist and that he needs treatment. The case was prosecuted by the Los Angeles County District Attorney's Office, Major Narcotics…
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Maryland Court To Decide Key Marijuana Search Issue
As states move toward placing marijuana policy in the hands of voters and for the most part legalizing it, Maryland is still stuck in the dark ages where pot ties up court resources, and has lawmakers and lawyers up in arms. Medical marijuana has already invaded the civil courts, as multiple lawsuits over the grower licensing system are pending. And while we are seeing a significantly lower amount of marijuana cases prosecuted since possession under 10 grams became decriminalized, pot is still a common cause of litigation in criminal courts. Not only are there still numerous new cases filed each year for criminal possession, manufacturing and distribution of marijuana, but there are also a host of new legal issues involving law enforcement search and seizures. When the legislature decriminalized simple possession it immediately created a grey area for probable cause searches under the Fourth Amendment. Normally a police officer is justified to search a person and his or her…
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U.S. News & World Report: Opinion: Body Cameras Won’t Bring Justice
U.S. News & World Report: Opinion: Body Cameras Won’t Bring Justice by Nicole Hemmer: Video of the fatal shooting of Walter Scott shocked the nation. But it wasn’t enough to bring him justice.
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Federal Criminal Statute of Limitations | How Long Can the Feds Prosecute
A federal statute of limitations dictates the time within which a criminal case can be filed in court. Failure to file before the statute of limitations bars a case from being instituted. This protects the quality of evidence and the ability of both sides to prepare an adequate case. Statutes of limitations on federal cases vary depending on multiple factors. Additionally, in some instances, the statute of limitations can be paused or delayed. Federal Statute of Limitations – Generally The federal statute of limitations for most offenses is five years from the time the offense occurred. 18 U.S.C. § 3282. Federal Crimes that have no Statute of Limitations There are some serious crimes that do not carry a statute of limitations and can be prosecuted at any time: Any crime where death could be punishment.18 U.S.C. § 3281. Crimes involving terrorism that results in serious bodily injury or create a risk of death or serious injury. 18 U.S.C. § 3286. Crimes,…
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Trump Picks Another General: Kelly for HSA
UnPresident Elect Donald Trump has named retired Gen. John Kelly to be Secretary of the Department of Homeland Security. If you're wondering why his name is familiar, think Guantanamo: General Kelly attracted notice while at the Southern... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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BJS Data: Property Offenders Nearly as Likely as Violent Offenders to Commit Violent Offenses After Release
An implicit assumption in the outcry for releasing "nonviolent offenders" is that criminals specialize, and a person in prison for, say, burglary, is no more likely to commit a violent crime than regular law-abiding people are. Last month, California voters approved an initiative for releasing supposedly "nonviolent" criminals by a landslide even while they rejected an initiative to repeal the death penalty by a greater margin than they did four years ago. That indicates the extent to which the "nonviolent offender" myth has taken hold.But it's a bunch of hooey. Today the U.S. Bureau of Justice Statistics released supplemental data on Recidivism of Prisoners Released in 30 States in 2005: Patterns from 2005 to 2010.How many prisoners released in 2005 were rearrested by 2010, and for what crimes?For those committed for violent offenses, 33.1% were rearrested for another violent offense. For those whose most serious…
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Huq on The Predicates of Military Detention
Aziz Z. Huq (University of Chicago - Law School) has posted The Predicates of Military Detention at Guantánamo: The Role of Individual Acts and Affiliations (Journal of Empirical Legal Studies, Forthcoming) on SSRN. Here is the abstract: The military detentions...
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"How Tough on Crime Became Tough on Kids: Prosecuting Teenage Drug Charges in Adult Courts"
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ISIS Releases New Video of John Cantlie in Mosul
British photojournalist and ISIS hostage John Cantlie is still alive. ISIS released a new video today of him in Mosul. He asks why the coalition forces are bombing Mosul's bridges when the only people affected are residents -- the ISIS fighters,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Attempt under the New Jersey Criminal Code
A person is guilty of attempt under the New Jersey Criminal Code N.J.S.A. 2C: 5-1 in one of three scenarios: 1) If the person purposefully engages in conduct which would constitute a crime if the circumstances were as a reasonable person would believe them to be, 2) If causing a certain result is an element of a crime, the person does or omits to do anything with the purpose of causing such element to occur Continue Reading
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Lake County Undercover Cyber Sex Sting Nets 10 Arrests
The Lake County Sheriff’s Office arrested 10 men last week following a recent undercover cyber operation dubbed “Treasure Florida’s Kids.” Detectives said during the week-long operation, they posed online as a teenager or a child’s caregiver to target those looking online for sex with children. Eight of the men reportedly traveled to the Golden Triangle area. Authorities said it includes Eustis, Tavares and Mt. Dora. Two other men were arrested at their homes after detectives allege they sent explicit pictures. Authorities claim some of the men brought items with them, like blankets, pillows, beer and money. Ten other law enforcement agencies participated in the sex sting, including Osceola, Seminole, Polk and the Citrus Sheriff’s Offices. Internet sex stings are nothing new. In fact, these are a common occurrence with police departments across the state of Florida as well as throughout the United States. Police stage these stings and use…
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How Long Does It Take To Expunge a Case?
Let’s say an American company makes Teddy Bears in their Orlando factory. The factoryemploys young teenagers to sew the bears together (Do teenagers really work these days? Do we make stuff in America? Just play along). At this factory, Cindy attaches the arms, legs and head. George attaches the eyes, nose and mouth. Bill puts the tag on the bear, boxes up the bear, and ships it to happy children everywhere. How long does it take to make a teddy bear? That depends. Let’s say you walk into this Teddy Bear factory and notice that Bill is sitting around twiddling his thumbs. He has no bears to tag and bag. You then notice that George has 1,000 bears stacked up at his desk waiting for their ears, eyes, and mouths. It will take a week for George to catch up. This, my friends, is what we call a bottleneck. High level 9th grade business stuff, I know. George’s backlog of a 1,000 bears points out…
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Court of Appeals Says Magistrate’s Order Does Not Toll Statute of Limitations
The court of appeals held yesterday in State v. Turner, __ N.C. App. ___ (2016), that the issuance of a magistrate’s order charging a defendant with driving while impaired did not toll the two-year statute of limitations for misdemeanors. Because the defendant was not tried within two years of the offense, the appellate court ruled that the trial court properly dismissed the charges. This opinion is as big as surprise to criminal procedure experts as the outcome of last month’s presidential election was to pollsters. Does it mean that district courts must dismiss charges for misdemeanor offenses that occurred more than two years ago? No – or at least not yet. The North Carolina Supreme Court issued a stay yesterday, putting State v. Turner on ice for the moment. While we wait to see what happens next, let’s take a look at what the court of appeals said in Turner. Facts and procedural history. Turner was cited for driving while impaired on…
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