In the latest court case involving Prop. 47, the California Supreme Court recently held that the voter-approved ballot measure that reduced penalties for certain drug and property crimes from felonies to misdemeanors, applies to prisoners convicted under plea deals. The panel unanimously held that Prop. 47 did not create an exception for prisoners whose sentences are based on plea deals that included the dismissal of more serious charges, therefore those convicted are eligible for Prop. 47’s benefits. The case arose from a Los Angeles County case in which prosecutors agreed to a deal that dismissed a robbery charge and allowed the defendant to plead guilty to a lesser charge of grand theft in exchange for a six-year sentence. Prop. 47 reduced that grand theft charge to a misdemeanor, so the defendant petitioned for a lower sentenced for that already-pled down conviction. Prosecutors argued that they were entitled to have the original charges reinstated if such prisoners…
California Supreme Court: Prop. 47 Applies to Plea Deals
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The Alabama Execution and Hurst v. Florida
As noted in today's News Scan, last night Alabama executed murderer Ronald Smith. The execution involved last-minute petitions to the U.S. Supreme Court, which is routine, but there was an unusual four-four split on the presently eight-justice court.At the root of the case is the decision last term in Hurst v. Florida. Under the post-1976 capital sentencing system mandated by Supreme Court precedents, courts must find the defendant guilty of murder plus at least one factor from a list of aggravating factors defined by state law before the death penalty can be considered. In Ring v. Arizona (2002), the Supreme Court overruled its own precedent and said the jury, not the judge, must make that latter finding. In Hurst v. Florida (2016), the court applied Ring to strike down the Florida sentencing system that it had repeatedly approved multiple times against the very same attack.Does Hurst extend further, to require the jury and not the judge to make…
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Winter Weather Conditions Between Pocatello and Blackfoot
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 12/09/16 4:40 p.m. Please direct questions to the District Office At this time, the Idaho State Police is investigating a large number of crashes and slide-offs on I15 between Pocatello and Blackfoot. Cold weather and recent precipitation have made for difficult driving conditions, and in addition, there are now several disabled vehicles in the area, some of which are blocking traffic. EH/AC -------------
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ACLU.org: In Federal Appeals Court for Wikimedia v. NSA: Here’s How It Went
ACLU.org: In Federal Appeals Court for Wikimedia v. NSA: Here’s How It Went by Jim Buatti & Aeryn Palmer: Originally posted on Wikimedia’s blog. At yesterday’s hearing, Fourth Circuit Judges Albert Diaz and Diana Gibbon Motz, and Senior Judge Andre … Continue reading →
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Convicted Massachusetts Rapist Seeks Visitation Rights to His Victim’s Child. Should This Be Allowed? Part One of Two
Anyone familiar me or with this blog knows that I am a fierce defender of anyone who has been charged with a Massachusetts rape offense, or any Massachusetts sex offense. No, not because I don’t find rape or any sex offense to be repugnant – I very much do. Rather, it’s because that sex offenses, as a criminal law category, is one in which there is often more gray than there is black and white: Believe me, as a Massachusetts rape defense attorney, I can assure you: Just because someone accuses another person of “rape”, does NOT mean that the accused is legally guilty of that crime. If I were to tell you every case story I have represented, you would come to understand that the number of cases that re “black and white” are relatively small, compared with the number that fall into a very “gray” category. Why? Ever hear of the word “revenge”? Ever hear of the word…
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FL2: Order could issue to def to produce password for iPhone already seized by search warrant; compulsory testimony not the issue
Defendant was charged with video voyeurism using his iPhone, and it was seized by the police. The trial court erred in not compelling the defendant to produce the password to the iPhone. Probable cause was already established with the issuance … Continue reading →
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Escuela, estudiantes, Maestros y Sociedad
He escuchado recientemente al señor León Trahtemberg quizás la persona más enterada de la problemática educativa y sus posibles soluciones, declaró que la prueba “pisa” estuvo pensada y elaborada para Europa y posteriormente (desde el año 2000) se extendió a América Latina que, dicho sea de paso siempre ha ocupado los últimos lugares desde entonces, indicó además que, el índice de desarrollo de la nación de la que se trate proyectada por la prueba “pisa” no se corresponden citó como ejemplo, entre otros, a la República de Vietnam quien ocupa el octavo lugar en índice de desarrollo y el sesenta en la prueba “pisa”. Esta prueba no mide las diversas potencialidades de los jóvenes peruanos señalando cada una de ellas, lamentablemente se han borrado de mi memoria. También tiene su propia visión de la…
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Common Problems with Breathalyzer Tests
Police pull over a DUI suspect and administer a breathalyzer test. The driver blows into the machine, and the results show a .1% BAC level—just above the legal limit of .08%. Many people assume that when this situation occurs it is an open and shut case leading to a conviction against the driver. This isn’t […] The post Common Problems with Breathalyzer Tests appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Proving Intent in Larceny By False Pretenses Cases
Larceny by False Pretenses Larceny over $250 by false pretenses is a felony in Massachusetts under G.L. c. 266 Section 34. The law simply states that “[w]hoever, with intent to defraud and by a false pretense, induces another to part with property of any kind or with any of the benefits described in sections 33 and 33A shall be guilty of larceny.” Many cases implicating facts consistent with this crime involve contractors. Traditionally, these disputes were resolved through compromise or, in more extreme instances by civil lawsuit. Recently, it has become more popular to treat larceny by false pretenses cases as criminal matters. Defending these cases can be difficult as nearly every prospective juror can recall a situation where he was “screwed” by a builder, remodeler or contractor. This post examines a recent Massachusetts case that reveals exactly what the prosecution must prove to show you intended to commit this crime. Is This a Criminal Case…
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A first look at Exoneration Review Commission recommendations
See the new report from Texas' Timothy Cole Exoneration Review Commission, released this week. Let's review their main proposals:ELECTRONIC RECORDING OF INTERROGATIONS I. Require either audio or audiovisual electronic recording of interrogations by law enforcement agencies when investigating all felony cases. II. Require recording to begin when the suspect enters the interrogation room. III. Enforce compliance with new recording requirements by permitting the admission of an unrecorded statement only if the judge finds good cause for the failure to electronically record the statement, and establishing a presumption that an unrecorded statement is inadmissible as evidence if the judge finds that no good cause exception applies. This is a much needed reform. According to the report, 68 percent of Texas law enforcement already have capacity to record some interrogations. So this recommendation would pick up those other stragglers and make the…
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Priorities, choices, and poor drug-war outcomes
What a world we live in.Asset forfeiture by the government now takes more money from people than burglars and the number of heroin deaths has surpassed gun homicides.Can't blame Donald Trump for that, huh?OTOH, one recalls that Gov. Greg Abbott last session vetoed "Good Samaritan" legislation which would have prevented prosecution of people who called 911 during an overdose, stayed with the victim, and cooperated with police. That would have helped prevent overdose deaths. When the bill comes back this time in the 85th Texas Legislature, they should pass it again and Greg Abbott should sign it.In a related, poor state policy decision which likely resulted in more heroin deaths, the Texas Department of State Health Services recently failed to solicit a federal grant to pay for first responders to have access to Naloxone, an opiod antagonist with no significant side effects which can keep overdose victims from dying. Abbott and his DSHS appointees…
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US Sentencing Commission proposes many guideline amendments as many USSC members complete service
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New report suggests Florida marijuana market now poised to grow massively
In the run-up to the November 2016 election, I suggested that Florida's vote over a significant medical marijuana ballot initiative could be as important as any of the recreational marijuana reform votes taking place in other states. This new Forbes article, headlined "Florida Medical Marijuana Sales Could Rival Colorado By...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/YGS7i1Eb0FU" height="1" width="1" alt=""/>
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U.S. Supreme Court adds federal drug-offense forfeiture case to its docket
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Update:Crash in Lowman Sends One to the Hospital
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 12/10/16 12:05 p.m. Please direct questions to the District Office ***** Update ***** Robert Gamble succumbed to his injuries on November 1, 2016. JW/AC ***** End Update ***** On October 26, 2016, at approximately 5:41 p.m., the Idaho State Police investigated a single vehicle injury crash on State Highway 21 at milepost 72, near Lowman. Robert Gamble, 86, of Meridian, was traveling southbound in a 2005 Toyota Highlander when he crossed the centerline and left the northbound edge of the roadway striking a culvert and two trees. Gamble was transported by air ambulance to Saint Alphonsus in Boise. Gamble was wearing a seatbelt. This crash is under investigations by the…
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Clinical Faculty Position available to teach in two criminal justice clinics at The Ohio State University Michael E. Moritz College of Law
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Ohio Supreme Court: Cruiser Videos Are Public Records
When a celebrity is accused of DUI/OVI in Ohio, the celebrity’s cruiser video is often on the local news the next day. News outlets obtain cruiser videos by making public records requests with the arresting law enforcement agency. Those public records requests are routinely processed quickly. Sometimes, however, law enforcement agencies decline or delay release of the public records. A recent case decided by the Ohio Supreme Court addresses the details of releasing cruiser videos as public records. The case is State ex rel Cincinnati Enquirer v. Ohio Department of Public Safety. In that case, two cruisers from the Ohio State Highway Patrol were involved in a pursuit. The pursuit ended with the suspect crashing into a guardrail and being arrested. The suspect was charged with multiple felony offenses, including Fleeing And Eluding and Carrying a Concealed Weapon. The Cincinnati Enquirer made a public records request for the ‘dash cam’ video from the two…
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New Connecticut Minor In Possession of Alcohol Laws Effective Oct 1
Any of the top Darien, New Canaan or Greenwich Connecticut criminal lawyers and attorneys will tell you that underage drinking arrests and infraction summonses are on the rise. Especially in small Connecticut towns like Darien, New Canaan, Wilton and Greenwich Connecticut where underage drinking parties continue to be a thorn in the sides of police and prosecutors. And in spite of their enforcement campaigns to deter underage drinking, Connecticut police still can’t get it right… The Public Shaming of Connecticut Underage Drinkers Has Got to Stop Rather than making police party busts a teaching moment for teenagers arrested or cited in Darien or New Canaan Connecticut for CGS 30-89 Possession of Alcohol by a Minor, they instead haul them into court and shame them in the local Darien and New Canaan online news websites like the Patch, New Canaan Advertiser, New Canaan News Online, and Darien Times. Even worse, just pleading guilty by mail in Connecticut to a CGS…
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ND: Telephone call from ID’d caller about a shooting in a house was exigency for entry
A telephone call from an alleged shooting victim’s brother about the shooting was objectively reasonable for exigency when corroborated with the fact that the victim wasn’t immediately found when officers arrived. State v. Karna, 2016 ND 232, 2016 N.D. LEXIS … Continue reading →
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Yesterday's criminal law/procedure cert grant
Issue summary is from ScotusBlog, which also links to papers: Honeycutt v. United States: Whether 21 U.S.C. § 853(a)(1) mandates joint and several liability among co-conspirators for forfeiture of the reasonably foreseeable proceeds of a drug conspiracy.
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