There are many risks that a driver assumes when he or she decides to escape from pursuing police officers. One of these risks is the potential of committing more crimes by harming innocent bystanders. While one might face certain charges if one hits a bystander, the law does not allow the state to charge attempted murder when the proof in the case shows that the driver was motivated by a specific intent to outrun the police, rather than to kill the bystander. In one recent case originating from Dorchester County, that’s what happened and what led the Maryland Court of Appeals to throw out an attempted murder conviction. The criminal trial and appeal in this case arose initially from a traffic violation in Dorchester County. A local detective witnessed a red Kia running a stop sign. The detective then engaged her lights and siren and began a chase. Kevon Spencer, the driver, accelerated to speeds of between 80 and 100 mph. Three officers tried to stop Spencer, but,…
Maryland’s High Court Throws Out Attempted Murder Conviction Against Driver Who Fled from Police
↧
↧
Vorentwurf zur Totalrevision des Datenschutzgesetzes (VE-DSG) veröffentlicht
Der Bundesrat hat an seiner Sitzung vom 21. Dezember 2016 den Vorentwurf zu einer Totalrevision des Datenschutzgesetzes (VE-DSG) veröffentlicht und in die Vernehmlassung geschickt.Gemäss Medienmitteilung will der Bundesrat u.a. die (i) Transparenz bei Datenbearbeitungen erhöhen, (ii) Informationspflichten der Datenbearbeiter ausweiten, (iii) das Auskunftsrecht der betroffenen Personen präzisieren, (iv) dem Eidgenössischen Datenschutz- und Öffentlichkeitsbeauftragten (EDÖB) mehr Kompetenzen verleihen (bspw. Erlass und Genehmigung von "Empfehlungen der Guten Praxis" zur Konkretisierung von Datenschutzvorschriften oder die Befugnis, Verstösse gegen Datenschutzvorschriften zu untersuchen sowie entsprechende Verfügungen zu erlassen). (v) Ferner sollen die Strafbestimmungen verschärft werden (Bussen bis CHF 500'000.-). (vi) Der VE-DSG berücksichtigt ebenfalls die jüngsten Entwicklungen im Bereich des…
↧
Lesser Included Offenses, Jury Instructions, and Getting Your Conviction Overturned in Washington
A recent opinion from the Washington Court of Appeals offers an important reminder about the significance of lesser included offenses in a criminal trial. In this recent case, a man was able to get a conviction overturned because fourth-degree assault was a lesser included offense, but the trial judge refused to give the jury the instruction on fourth-degree assault that the accused man requested. Charles Bluford stood trial for several violent attacks on women. The state charged him with multiple counts of first-degree robbery, first-degree rape of one victim, and the crime of “indecent liberties” related to another victim. At trial, the man asked the judge to give the jury an instruction on fourth-degree assault, which he argued was a lesser included offense within indecent liberties. The trial judge refused to issue the instruction. The jury convicted Bluford on all of the charges, except one of the robbery counts. Bluford appealed his conviction. He raised…
↧
O'Brien on Human Trafficking
Erin O'Brien (Queensland University of Technology - Faculty of Law) has posted Human Trafficking Heroes and Villains: Representing the Problem in Anti-Trafficking Awareness Campaigns (Social and Legal Studies, 25(2), pp. 205-224) on SSRN. Here is the abstract: Since the declaration...
↧
New Federal Prison Reforms Include Establishment of School District Within Federal Prison System
One of the most frustrating aspects of prison life concerns inmate efforts to enroll in classes and programs offered within the prison system. Virtually every prison system offers inmate programs that are designed to train inmates for re-entry into society. These programs, which are designed to address many of the issues that caused the inmate to offend and be incarcerated, include drug and alcohol counseling, anger management, general societal skills, and vocational training. It is believed, and hoped, that participation in such programs ultimately reduces recidivism by enhancing an inmate’s ability to contribute to the community in a positive and productive way upon release. The programs are also important because successful completion in as many of them as possible can increase the likelihood of an earlier release on parole. Earlier inmate release reduces prison costs, and frees prison resources for use elsewhere. The issue that causes…
↧
↧
Multiple Charges Dismissed for 42-Year-Old Mother
Recently, a 42-year-old mother found herself in a very precarious situation when she was charged with domestic violence after she allegedly shoved her fiancé during an argument. While this misdemeanor level offense would be a serious issue for anyone to contend with, her worries were amplified by the fact that she also faced a prior [...]The post Multiple Charges Dismissed for 42-Year-Old Mother appeared first on Columbus Criminal Attorney.
↧
Going After the (Little) Bad Guys: SEC Announces More Actions Against Penny Stock Gatekeepers
The SEC last week announced that it has sanctioned several market participants in the penny stock industry, including attorneys who wrote offering documents as well as stock transfer agents, for their roles in various sham IPOs of microcap stocks. These are the latest in a string of penny stock enforcement actions since outgoing SEC Chair Mary Jo White announced the implementation of the Commission’s “broken windows” policy in 2013. That policy targeted both large and small issuers and market participants. The strategy has resulted in the SEC racking up its largest-ever volume of enforcement cases in fiscal year 2016. In the first enforcement actions, the SEC alleged that a California-based securities lawyer wrote false and misleading registration statements in connection with five microcap IPOs, which were part of a scheme to transfer unrestricted shares to offshore market participants. The SEC also alleged that the CFO of American Energy…
↧
Attorney Sam Checks In With A Bullying Update
Hello there. Attorney Sam Goldberg here with a question. What do the new motion picture “Patriots Day”, the issue of bullying and this blog have in common? The answer is a certain hip hop artist I have mentioned from time to time by the name of Token. Token has a very small part in the movie…and a non-musical one at that. However, he has also recently released his latest music video, “Exception”, which can be found at various places. Without going through the entire story line and it tragic ending, suffice to say that the video takes the march against bullying from a different perspective. Sure, the song is anti-bullying. But, then again, most people are. This song, though, focuses it’s attention on the witnesses to events of bullying. In fact, as in various interviews, 18-year-old Token admits that he, himself, has been guilty of sitting back and simply watching such events in silence. He further explains that the reason for the…
↧
“You always smile when you object,” the prosecutor told me
DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE, AND DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY OUR LAW FIRM. Va. R. Prof. Cond. 7.1(b).Sometimes prosecutors do me a favor when they do not agree to my proposed settlement offer. That means we have no choice but to go to trial. Either the criminal defense then wins hands down or wins at least part of the proceeding, or at least I become stronger and more able for the next battle. In a recent DWI case, I did not succeed in convincing the prosecutor to amend my client’s DWI and refusal charges to a wet reckless driving charge, whereby my client would receive a suspended sentence, drive restricted for six months, complete VASAP, and be on probation for a year with a suspended sentence and a partially suspended fine. The prosecutor finally suggested that we simply try the case, and pointed out “You always smile when you object” when we try cases…
↧
↧
Harris on Foster Care and Crime
Leslie J. Harris (University of Oregon - School of Law) has posted Challenging the Overuse of Foster Care and Disrupting the Path to Delinquency and Prison on SSRN. Here is the abstract: Foster care is supposed to be a temporary...
↧
Connecticut Office Manager Pleads Guilty to Health Care Fraud Charges for Billing for Psychotherapy Services Using Social Worker's Provider Number Who Did Not Provide Services
Mental health audits and prosecutions are on the rise in “behavioral health” which includes a wide variety of health care providers who provide care on an outpatient basis. These providers include psychiatrists, psychologists, licensed clinical social workers, licensed marriage and family therapists, licensed professional counselors, and licensed alcohol and drug counselors. Managers are often charged in health care fraud cases and a recent case relates to a manager's alleged participation in fraud and abuse in outpatient behavioral health. On December 14, 2016, office manager Maurice Sharpe of Connecticut waived his right to indictment and pleaded guilty before U.S. District Judge Bolden to one count of health care fraud. The facts relate to billing for psychotherapy services provided by unlicensed individuals, using another provider's Medicaid number or billing for services not provided. According to court…
↧
//blawgsearch75.rssing.com/chan-6519914/article21832-live.html
US v. Shields et al, No. 14-10561 (12-21-16) (M. Smith w/Wallace & Korman). The 9th affirms convictions in a wire fraud scheme despite an erroneous jury instruction. The prosecution argued that the defendants' investment scheme bilked clients out of millions. The defendants, the prosecution argued, omitted relevant facts, such that the properties to be purchased (assisted living facilities) could not be. Purchased. The funds were used for other investments, which went bad. In instructing the jury, the court failed to give an instruction that the defendants had a duty to disclose. This was error. The 9th holds that "in order for an omission to support a wire fraud charge, the jury must be instructed that it must first find that the defendant and the defrauded party had a 'trusting relationship in which [the defendant] act[ed] for the benefit of another and induce[d] the trusting party to relax the care and vigilance which it would…
↧
Keeping The Lie Alive
One of the most corrosive false narratives advanced in recent years is the fiction that racist white police officers indiscriminately kill black males. While study after study have concluded that the disparity in police shootings among different racial groups is relative to the differing levels of criminal activity among racial groups, the narrative continues. It should surprise nobody that a Monday "news" story on CNN bolstered the racist police narrative, citing a report from The American Journal of Public Health which found that nearly three times as many black males died during encounters with police than males of other races. The "disturbing data" were raw numbers comparing deaths by race during "legal interventions." These numbers are correct, but without consideration of the differences in violent crimes among racial groups, no legitimate conclusion about racial bias can be made. Manhattan…
↧
↧
Bush White House Ethics Lawyer Files Complaint Against FBI Director
Richard W. Painter is a professor at the University of Minnesota Law School. He was the chief White House ethics attorney from 2005-2007 under President George W. Bush. Painter knows the law and understands the rules of professional conduct applicable to government officials. Complaint Filed Against FBI Director Comey On Saturday, October 29, 2016—just ten days prior to the November 8 presidential election—Painter filed a complaint against FBI Director James Comey with the Office of Special Counsel and the Office of Government Ethics. The basis for Painter’s ethics complaint was the release of a letter sent by Comey to eight ranking Republican members of Congress concerning emails discovered on a laptop computer belonging to former U.S. Rep. Anthony Weiner that “appear[ed] to be pertinent to the investigation” previously conducted against former Secretary of State and U.S. presidential candidate Hillary Clinton. …
↧
Florida Supreme Court brings back to life some older death sentences
↧
Flash Mob Stealing Makeup Finally Caught
Several Ulta beauty stores have been hit by thieves all around the Southern California area, including the Cerritos, Lakewood, Tustin, Rosemead, Redondo Beach, and The Rolling Hills Estates stores. Stores are claiming estimated loss of $100,000. Seargant Mark Moffet of the Lolita Sheriff’s Department has said the thieves operated in what he called a “mob style.” They would enter the store as a group, spread out and stuff as much merchandise in their pockets as they could, and then rush out before police had a chance to arrive. An eight person team hit the Rolling Hills Estates store, where officers were able to identify a known gang member as one of the suspects. “Once we identified some players, the flood gates opened up,” Sergeant Moffet said. Continue reading →
↧
Initial Search of Defendant Was Lawful, But No Do-Overs
This unlawful search took place in a Florida school south of Jacksonville, Florida. In this case, students at the Florida school reported to school officials that some other students were playing with a taser on school grounds. The school security officer spoke to some kids who indicated that the suspect was the one with the taser, however the suspect had gone home for the day. The next day, the principal and security officer had the suspect come into the principal’s office, and they searched her purse. They did not find the taser and let her leave for class. Later that day, they brought the suspect back into the principal’s office, searched her purse and found a taser. She was arrested for possession of a weapon on school property, which is a felony. The criminal defense lawyer filed a motion to suppress the evidence of the taser arguing that the principal and security officer did not have a legal basis to conduct the second…
↧
↧
New Jersey Driver's License Exam Could Include Questions about Bike, Pedestrian Safety
A proposed bill would add questions about bike and pedestrian safety to the New Jersey driver’s license exam, and make this material mandatory in driver’s education courses. Introduced to the State Assembly by a group of Hudson County lawmakers, the purpose of the bill is to raise awareness and increase safety of pedestrians, cyclists, and others who share the roadway.The questions would appear on both the learner's permit test and basic driver's license test. The questions on the exam might cover:Passing a cyclistLaws regarding bike lanesAwareness of bikes and pedestrians at intersectionsBeing aware of cyclists and pedestrians when opening doorsWhy do lawmakers feel this change is necessary?Nationwide, 726 cyclists and 4,884 pedestrians died in traffic crashes in 2014, according to the National Highway Traffic Safety Administration (NHTSA). In New Jersey alone, 170 pedestrians died in accidents involving motor vehicles during 2015, reports the NHTSA. This…
↧
Duncan on Child Pornography Statutes
Susan Duncan (University of Louisville - Louis D. Brandeis School of Law) has posted Child Pornography Statutes and New Legislation (Sexting and Youth, A Multidisciplinary Examination of Research, Theory, and Law, 2014, Carolina Academic Press) on SSRN. Here is the...
↧
“Postal Grinch” Arrested for Twice for South Florida Theft Offenses
It wasn’t a good couple of days for Francis Keller. The 56-year-old was arrested for allegedly breaking into the U.S. Post Office where he worked for 30 years, and rifling through packages with plans to sell valuables he discovered in exchange for crack cocaine. A Boynton Beach police report indicated Keller had used an old security code to gain access to the building, on Seacrest Boulevard. He was reportedly intoxicated at the time. He was booked into jail around 2:30 a.m. and was released about 12 hours later. By then, local news outlets had heard of the alleged offense and were working on stories detailing the work of the “Postal Grinch” for trying to steal packages containing gifts. But Keller allegedly wasn’t finished. By the looks of a consecutive mug shot, he did have an opportunity to change clothes again. When he headed back out that night, he allegedly approached an employee at a drive-in to ask about a job. However, instead of…
↧
More Pages to Explore .....
