Considering the public’s right of access to judicial materials, concisely explained by the court, a redacted version of the search warrant for Anthony Weiner’s and Huma Abedin’s laptop computer is filed on the S.D.N.Y.’s website (affidavit and warrant here). In … Continue reading →
S.D.N.Y.: Affidavit and warrant for Anthony Weiner’s and Huma Abedin’s laptop computer posted on court’s website
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Pornografía en Internet
El artículo que comparto en el diario que cito y teniendo como autor “colaboradores”, consignando al pie de la columna el nombre de David Santivañez que, eventualmente podría ser el responsable de la opinión, tiene como sustento “el derecho a elegir” como deseamos conocer, procesar o impedir información contenida en Internet, a raíz del proyecto de ley presentado por el Congresista Yonhy Lescano “prohibiendo el acceso a la pornografía en Internet en el Perú”. En primer lugar soy un hombre que en tres meses cumpliré 69 años ya no me sonrojo, ni me espanto por las cosas que veo –incluyendo la pornografía- a mi edad es bueno ver lo que nos perdimos cuando éramos jóvenes, pues todavía me queda aliento para intentarlo. El columnista ocasional escribe “que no se puede quedar cruzado de brazos” ante…
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Holiday pitch from NY Times editorial board for "Cutting Prison Sentences, and Costs"
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THE BEST CHRISTMAS MOVIES
The best christmas movies of all time. By your obt Srvt, Horace Rumple, QC.There is no question that It's A Wonderful Life is the best Christmas movie of all time. And while we are big Jimmy Stewart fans, for us it's Lionel Barrymore as the villain Mr. Potter that steals the show. We are a big fan of Mr. Barrymore's work and like nothing more than finding a Dr. Killare movie on TMC and watching him as the crusty old Dr. Gillespie.Of course a Miracle on 34th Street is a strong contender for number two, but we have a different number two in mind.Rounding up the top ten in our opinion are the Die Hard movies, one and two- both take place during Christmas eve and both are modern day classics.There are several other movies that belong in the top ten, but we will leave that for the comments.Our Number Two greatest Christmas movie of all time, is the 2003 classic Love Actually. Here's the thing about Love Actually. It is sappy. And people hate it. But many of those…
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Under What Circumstances Can My Criminal Case Be Reopened If I Was Found Guilty?
If your criminal trial has ended in conviction, you are naturally hoping for a second chance to clear your name. This is particularly true if new evidence has surfaced that could exonerate you completely. What can you do in a case like this? Are there any circumstances under which a judge might agree to reopen your case? If you’re hoping to carry on with your original trial, the answer will always be no. Regardless of the severity of the crime in question, a reinstatement of the identical proceeding would constitute double jeopardy. However, any person who believes his conviction to have been both unjust and invalid can always file a motion for a new trial. This move is particularly useful in cases for which new evidence could stand in your favor. The motion will differ from an appeal in several ways. For instance, whereas an appeal will always transition to a higher court, a new trial will take place in the same court as the original. Perhaps even more relevant is the…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 152 Extreme Prison Sentences: Legal and Normative Consequences Melissa Hamilton University of Houston Law Center Date posted to database: 7 Nov 2016 [2nd last week] 2 138 Bail Nullification...
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Fulsome (and incomplete) criticisms of Prez Obama's fulsome (and incomplete) clemency efforts
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The Most Important Strategy in Proving or Defending Charges of Sexual Assault or Sexual Harassment
During just this past year, we have successfully represented a number of women who have been sexually harassed in the workplace – and a number of men criminally accused of sexual assault either in the workplace or in school. In both scenarios, a dominant theme emerged: documenting the assault or harassment is crucial to the success of your case in both the civil and criminal contexts. Because these cases often are boiled down to a “he said/she said” scenario, the existence of indisputable, supporting, documented evidence can make the difference between a huge financial settlement and pennies – and a decades long jail sentence compared to an investigation which does not even result in the filing of criminal charges. Sexual Harassment Context Having even the best New York Sexual Harassment attorney cannot guarantee a large award or settlement from your claim: a great lawyer still needs some material to work with. In today’s…
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When prosecutors and judges want to go to lunch
Recently I was speaking in the courthouse with a former prosecutor about my case discussion with the assigned prosecutor. He suggested that maybe this prosecutor’s negotiation posture was motivated by wanting to go to lunch, where the clock was soon approaching noon. I jokingly expressed surprise that a prosecutor would allow such a motivation to affect negotiations. This lawyer responded: “When I was a prosecutor, I would do that.” Ah, the things former prosecutors and former judges reveal after leaving those jobs. Not long ago a recently-former prosecutor, unsolicited, told me that when he would learn I was a defendant’s attorney in one of his cases, including when I had a court reporter in tow, he would expect a long trial. I asked him if that ever helped me with negotiations, to which he responded that it helped in my negotiations with him, because he was lazy as a prosecutor, as he described it. Another former prosecutor said that…
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Broward Jury Acquits Stepdad of Molestation Charges
After 3.5 hours of deliberations, a Broward County jury acquitted a Pembroke Pines man of molesting his two stepdaughters three years ago, as they had accused. The 52-year-old was facing a possible sentence of life in prison if convicted on the charges, which included four counts of capital sexual battery, eight counts of lewd and lascivious molestation and a single count of lewd and lascivious conduct. In closing arguments, prosecutors asserted there was no possible way defendant could innocently explain the conduct the two girls described. The accusers, now ages 11 and 14, alleged defendant touched them inappropriately, bathed with them and one claimed he shaved her. Prosecutors claimed there was no justification for any of this. As our Broward defense attorneys know, one would have a difficult time justifying such actions – if such actions were proven. However, the facts of this case persuaded jurors to find there was a lack of proof these incidents actually…
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The Point Of A Museum
Demond Wilson played Redd Foxx’s son, Lamont. in Sanford & Son. One line that’s rung in my ears was when Lamont asked, “I read Life Magazine. Do you read Ebony?” It was, of course, a false equivalency, but it made a point, that black people know white culture because it’s the culture of American society. Whites, however, can happily go through life without ever having to know, or understand, that there is another culture, black culture, that never touches their world. But it surely touches your world if you’re black. Before you start calling me names for saying this, it’s not a political position, but merely descriptive. It’s one of the first things a criminal defense lawyer comes to realize in order to serve his clients, because cops bust blacks far more than whites, they are our clients, and we need to understand their world to be capable of representing them. Whether we want to or not, we are compelled to see their world in…
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Rudeness or racism? And we should care, why?
The Fort Worth Police chief said he was "disturbed" by viral video showing his officer provoking a confrontation with a woman who called 911 then arresting her when she reacted. But, said the chief, “There’s a difference between rude and racism.” Grits agrees. But there are also similarities between rudeness and racism. For example, if dash-or-bodycam footage showed the same officer isn't routinely "rude" to white folks, that could be revealing. OTOH, if the guy is just rude to people generally and is not guilty of racism, why do you want him representing your department? In fact, why is he on the force in the first place and why didn't his bosses catch it before if that's just generally how he treats people? Which leads to the question, in their routine, day-to-day functions, do Fort Worth PD supervisors discourage these behaviors, or do they or teach them? After all, they're recruiting Stormtroopers, right? (See…
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Unchosen Guardians Of Our Civil Liberties
It wasn’t that Mike Masnick’s observation at Techdirt was prescient, as much as he followed the dominoes. It was clear that the path on which the sniffling censors traveled led to Section 230 of the Communications Decency Act, as the evils they sought to eradicate crossed state and national lines. Only by going after the core of the internet could they achieve their goal, and Mike saw it coming. Naturally, the response was to attack Mike. And Mary Anne Franks did what her ilk does, to shriek that Mike was a liar. And when the time came to do exactly as Mike said she would, because it was, of course, absolutely correct, Franks again did what her ilk does. And luckily, there is no shortage of writers willing to repeat and promote the lies in support of the cause. U.S. Rep. Jackie Speier (D-Calif.) is trying to change that, introducing last summer a bi-partisan bill that aims to cut through the murkiness of nonconsensual pornography legislation in one fell swoop. If…
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Illegal Knives and Prohibited Weapons in Texas: What’s Legal and Illegal
Prohibited Weapons in Texas Penal Code Section 46.05 prohibits the possession, manufacture, transport, repair, or sale of certain things including unregistered explosive weapons, unregistered machine guns, unregistered silencers, knuckles, etc. Additionally, Penal Code 46.02 prohibits the carrying of illegal knives and clubs. Most prohibited weapons cases in Texas are felonies, generally ranging from state jail felonies to third degree felonies. Possession of an illegal knife in Texas is generally a Class A misdemeanor. This article looks at the legality of butterfly knives, switchblades, expandable batons, and nunchuks in Texas. Are Butterfly Knives Legal in Texas? What is a butterfly knife? A balisong or butterfly knife. It’s known as the butterfly knife because it looks like the wings of a butterfly when it is being unfolded and used. A balisong is loved by enthusiasts for the motion that can be as mesmerizing as a set of nunchucks in the right hands. The blade…
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What is Las Vegas Alternative Sentencing?
In Nevada, even a minor infraction like a speeding ticket could involve jail time. Of course, if everyone who was convicted of any crime within the state was sentenced to serve time, the jails and prisons would be terribly overcrowded. That’s why the courts will often sentence an individual to pay fines, make restitution or serve a term of probation. Las Vegas judges can also select “alternative sentencing.” “Alternative sentencing” means that the convicted individual will be punished for a crime, but not with the traditional fine and jail sentence. The idea behind alternative sentencing in Las Vegas is all about helping people to make better, more constructive life choices so that they don’t end up in a similar situation in the future. When alternative sentencing is imposed in Las Vegas, it means that the defendant will be sentenced to perform community service, attend educational classes or complete a rehabilitation program. Defendants who…
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LA RUTA DE LOS VERDES
Son las 19.20 horas de hoy 26 de diciembre del año 2016, desde las 18.50 hasta las 19.10 horas escuché el conversatorio de tres personas en Radio San Borja sobre el caso Odebrecht pertenecientes a IDL Reporteros si mal no recuerdo, uno de ellos el señor Glatzer Tuesta al que ya no escucho en el horario matutino de la misma Radio. En anterior comentario expuse mi poca confianza en el Poder Judicial para sancionar a los beneficiarios de las coimas pagadas por el empresa brasileña y recibidas por “funcionarios de alto nivel” en nuestro País comprometiendo a tres gobiernos, García Pérez, Toledo y Humala Tasso, desconfianza acrecentada por el pedido de recursos del Fiscal de la Nación para realizar una investigación seria, es decir si el actual gobierno no les da dinero –leo entre líneas- será imposible que se llegue a buen puerto. Poco después una jovencita…
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Proposed bill could decrease punishment for 18-year-old sex offenders in Montana
12-26-2016 Montana: BILLINGS - A proposed Montana bill that is set for a hearing next week would decrease the punishment for an 18-year-old convicted of having sex with a minor, if no force was used. Senate Bill 26, which is sponsored by MT State Sen. Sue Malek (D-Missoula), would amend Montana law regarding the crime of sexual intercourse without consent. The age of consent in Montana is 16,
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CA8: Visitor at apt complex can’t claim standing in parking lot as alleged curtilage
Defendant didn’t have standing to claim that police entry into an apartment building’s parking lot was entry onto the curtilage because he didn’t live there. [It’s not curtilage anyway.] A cousin did, and he was an occasional visitor. Officers shining … Continue reading →
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WA following McNeely holds that there is no per se exigency and refusal to take a breath test is admissible on question of guilt
Applying McNeely: “The district courts correctly rejected the State’s argument that alcohol dissipation constitutes exigency per se—exigency must be determined under the totality of circumstances, case by case. We hold that the implied consent statute does not authorize a warrantless … Continue reading →
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CA3: An apparent burglar has no REP or standing to challenge entry
“Martin testified that Lewis did not have a key to her home and did not have permission to be at her residence at the time of arrest. Because she did not leave Lewis in her home when she left, she … Continue reading →
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