In Commonwealth v. Dow, a defendant appealed after being convicted of multiple counts, including possession of a class B substance under G. L. c. 94C, § 34, a class C substance under G. L. c. 94C, § 34, illegally possessing a firearm and ammunition, possessing without a firearm identification card, and possessing a large capacity feeding device. The police had searched the defendant’s home after applying for and receiving a search warrant. The detective on the case had been an officer since 2001 and had experience with narcotics cases. He received a tip from a confidential informant that the defendant was selling cocaine from his cars. The informant told the detective detailed information about the cars and the defendant’s apartment. During 2011, the informant made four controlled buys of cocaine from the defendant, and during three of them, the police saw the defendant go from his apartment to the purchase location without stopping. The informant came…
Application of the Plain View Doctrine in Massachusetts Drug Crime Case
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Top TX criminal-justice story of 2016 easy to spot; the rest are debatable
Looking back at the grotesquery of a year which was 2016 to choose the most important Texas criminal-justice stories, it's not hard to pinpoint the #blacklivesmatter protests surrounding police shootings over the summer - and the murder of five police officers in Dallas by a lone-wolf sniper at a protest - as the most important turn of events, not just for Texas but the nation.The Dallas shooting and a handful of other ambush killings of police, including the murder of a San Antonio police officer while parked right outside the station house, bumped up the number of police officers' on-the-job deaths slightly in 2016, both in Texas (19) and nationally (135), though in historic terms the number remained half of its 1970s peak. Police in 2016, by contrast, killed nearly 1,000 people nationwide, down slightly from 2015. In Texas, we learned from the Dallas News, the number of police shootings has grown steadily over the last few years, led by increases in Houston,…
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I Just Got Arrested on Metro North in Connecticut. What Do I Do Now?
For thousands of Connecticut residents and teenagers, taking the Metro North train to New York City – Grand Central Station – is a rite of passage. But for anyone who has taken Connecticut Metro North either in or out of the city, and as any of the best Connecticut Metro North criminal attorneys and lawyers know all too well, there are times when a train ride can be figuratively derailed by an unruly passenger. So if you’ve been arrested by Metro North police on any Connecticut train ride, you should understand your rights, and know how to fight your Connecticut Metro North arrest to what will hopefully be a quick dismissal. Do Metro North Police Have the Power to Arrest Me in Connecticut? Yes. Although the Metro North Police Force is trained by the New York City Police Academy, they are commissioned in the State of Connecticut with authority to conduct investigations, execute search and arrest warrants, and make on-scene arrests when they have probable cause…
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Wagner et al. on fMRI and Lie Detection
Anthony D. Wagner, Richard J. Bonnie, BJ Casey, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson and Gideon Yaffe...
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Washington Appeals Court Upholds Defense Summary Judgment for “Favored Driver”
The right-of-way can be an important issue in automobile accident cases. It can be difficult for a plaintiff who fails to yield the right-of-way to recover compensation from the other driver. A Washington appeals court recently reviewed a case in which the plaintiff was hit by an oncoming vehicle as the plaintiff attempted to turn left in Colburn v. Trees. The accident occurred when the plaintiff, traveling north, turned left at an intersection and was struck by the defendant, who was going south. There were no turn lanes at the intersection. The defendant approached in the left lane, but he moved to the right lane after seeing a bus preparing for a left turn in the left lane. The bus partially obstructed each driver’s view. Each entered the intersection on a green light. The defendant continued south, while the plaintiff crossed the southbound lanes to turn left. The defendant tried to swerve but still struck the…
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Split Sixth Circuit ruling upholding protective order concerning lethal injection drugs might(!?!) enable Ohio to get back into execution game
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Incompetent Lawyer is Grounds for New Trial: Or is it?
You have surely heard the time-worn adage “You get what you pay for”? Often that is true, but not always. The decades-long investigation into the death of 15-year-old Martha Moxley of tony Greenwich, Connecticut in 1975 ultimately led to the 2000 arrest and 2002 conviction of Michael Skakel, infamous as a Kennedy cousin. Over the years, Skakel, with the help of cousin Robert Kennedy, battled to reverse his conviction, but was largely unsuccessful until 2013 when he persuaded Mr. Justice Thomas Bishop of the Connecticut Superior Court to overturn his conviction, based on the incompetence of his trial lawyer. Skakel’s trial lawyer was no junior schlep, but celebrity attorney Mickey Sherman whose reputation as a skilled, albeit flamboyant criminal counsel, was well-established. Sherman’s successful law career was fast tracked when he became a legal commentator and analyst for MSNBC, CNBC, HLN, Fox News, CBS,…
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Feelings on The Last Day of a G-d Awful Year
It's the last day of a horrible year for America. Next year will be even worse. What feelings should an incoming President invoke in us? My answer would be pride in our country, a sense of security, so that when we go to sleep at night we... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Happy New Years (For Real) and Open Thread
A very happy New Year to all of you, with our very best wishes for a year filled with good health, justice and peace! Who's cooking? Is anyone staying in and watching TV? Showtime has begun airing the first episode of Homeland Season 6 two... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Best Argument For And Against Recording in the Courtroom
Georgia superior court judges have pursued some polarizing changes to the way judges are regulated. Now, they want to impose strict restrictions on the ability of the public to record what happens in open court. On January 17, 2017, they will begin considering a new superior court rule that will give Georgia judges unprecedented control over their courtrooms. I have never been a superior court judge and don’t feel qualified to know the ins and outs. Judges have done a great job of getting their way with the legislature, and they have put in a sustained effort to clamp down on attempts to record what they do in the courtroom. So, it may not matter what critics or the public thinks. Judges say that their position is credible because they like to have power over the people who come before them, whether parties, their lawyers, jurors, reporters, or spectators who want to come in and watch what happens. And judges have the ear of powerful legislatures, as a recent episode of…
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Terror Attack by "Santa" Clad Terrorist(s) in Istanbul
The New Year began in Turkey with a terrorist attack at an exclusive night club called Reina. The nightclub in the Ortakoy district of Istanbul is one of the most elite spots in the city, and getting inside past the bouncers who seek out only... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Virginia reckless driving- Oppose proposal to criminalize cellphone use while driving
Virginia legislators Scott Surovell and Kaye Kory are sponsoring legislation to further restrict, penalize, and under many circumstances make jailable the use of cellphones while driving. Virginia law already penalizes unlawful cellphone use while driving, as a law infraction that applies a fine. The new legislative proposal converts unlawful cellphone use — for instance holding the cellphone in one’s hand even if far from the ear or mouth — to a reckless driving charge if committed along with another traffic infraction or traffic crime, even if only speeding one mile above the speed limit. Reckless driving is a class 1 misdemeanor jailable up to one year, carrying up to a $2500 fine, and risking up to six months of suspended driving with the option to apply for restricted driving privileges. Following are the key provisions of the draft cellphone legislation — omitting some of the exceptions, which can be read in the full draft: “It is…
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The biggest big business in America is not steel, automobiles, or television. It is the manufacture, refinement and distribution of anxiety.
–Eric Sevareid, This Is Eric Sevareid (1964)
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N.D.Cal.: Officer isn’t obliged to ask about MMJ card when he smells MJ coming from car
Odor of marijuana in car was still probable cause. “Johnson contends that Sergeant Simmont’s failure to ask whether Johnson carried a medical marijuana card undermined any finding of probable cause. But Johnson cites no authority for the proposition that Sergeant … Continue reading →
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W.D.Mo.: Smell of PCP from a car was PC
On officer on an unrelated call in the neighborhood in early morning hours heard a nearby gunshot. Dispatch reported that the shot was reported by ShotSpotter to be likely at a certain address. There the officer found people milling around. … Continue reading →
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CA9: How can a mere visitor have apparent authority to consent to search premises? She can’t
The District Court clearly erred in crediting that a mere visitor had apparent authority to consent to a search of a house. United States v. Chavez, 2016 U.S. App. LEXIS 23301 (9th Cir. Dec. 27, 2016): “Under the apparent authority … Continue reading →
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NY2: Burglar alarm wasn’t license to enter when objective facts at scene belied emergency
Police responded to a burglar alarm in Nassau County. At the house, they found the defendant working under a car. They inquired, and he claimed to be the son of the homeowner. He showed them his keys. He said he … Continue reading →
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Crash blocking lanes westbound I84 in Nampa
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: 01/01/2017 2:27 a.m. Please direct questions to the District Office Idaho State Police is currently investigating a crash westbound Interstate 84 at milepost 31, near Ustick Road in Caldwell. The westbound lanes are currently blocked at exit 33A, Karcher Bypass. Traffic control is in place. More information will be released when available. JDS/LN -------------
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Update: Crash blocking lanes westbound I84 in Nampa
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: 01/01/2017 5:15 a.m. Please direct questions to the District Office **********UPDATE********** The westbound lanes are now open. JDS/LN *********END OF UPDATE********* Idaho State Police is currently investigating a crash westbound Interstate 84 at milepost 31, near Ustick Road in Caldwell. The westbound lanes are currently blocked at exit 33A, Karcher Bypass. Traffic control is in place. More information will be released when available. JDS/LN -------------
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2017 Regulating Fantasy, Returning Reality
After notice and comment, as required by the Administrative Procedures Act, the Department of Health and Human Services issued a regulation. The Health and Human Services (HHS) regulation “forbids discriminating on the basis of ‘gender identity’ and ‘termination of pregnancy’” under Obamacare, as US District Court Judge Reed O’Connor wrote in his opinion halting enforcement of those provisions in the rule. The regs were to go into effect today. Judge O’Connor issued a nationwide injunction, the last of 2016. A few states, led by Texas, together with religious affiliated groups, headed to a reliable court and got what they came for. Explaining the lawsuit, O’Connor wrote, “Plaintiffs claim the Rule’s interpretation of sex discrimination pressures doctors to deliver healthcare in a manner that violates their religious freedom and thwarts their independent medical judgment and will require burdensome changes to…
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