The presumption of diminished responsibility of youth in murder sentencing under the YCJA: the case of R. v. TF & M.W. In November of 2010, a young man by the name of Tyrone Bracken was shot dead in a stairwell in the Neptune complex in north Toronto. 4 youths (S.B., T.F., M.W., and [...]
Youth Presumptions in Sentencing under the YCJA
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Murder-For-Hire Case Up for Retrial
MURDER FOR HIRE CASE TO BE TRIED A THIRD TIMEIn 2011, Dalia Dippolito was convicted of hiring a hit man to kill her husband of six months. The Boynton Beach jury deliberated and found her guilty in three hours. The judge sentenced her to 20 years in prison.That case was overturned on appeal, due to material errors in the jury selection process.The case was retried in December 2016. On December 14, Judge Glenn D. Kelley declared a mistrial. A count of the juror decisions indicated three to convict, three to acquit.The prosecution plans to try this case a third time.Comments from Allen: This case is unusual in so many respects. I have to be impressed by the team of defense lawyers Brian Claypool and Greg Rosenfeld, who took a case that was lost quickly and unanimously five years ago, and on the retrial they convinced half the jury that Dippolito was not guilty.A videotape showed Dippolito talking to an undercover cop, wherein she asks the cop…
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Down to the Wire for Two Gitmo Detainees
Ten more Guantanamo detainees have been transferred. They were accepted by Oman. (I don't think they are Oman citizens, as the Oman Government's press release refers to them being accepted for temporary residence on a humanitarian basis."... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Some attacks and some defenses of Prez Obama's decision to commute sentence of Chelsea Manning
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No-fault vs. Liability Coverage: What is the difference?
Both Pennsylvania and New Jersey have no-fault auto insurance requirements in place. In addition to the no-fault policy, motorists must also carry a liability policy. Understanding the difference between no-fault and liability coverage policies can help you better understand which policy covers what party in an accident.So what is the difference between no-fault and liability?The biggest difference between no-fault and liability coverage is who the policy covers.In general, no-fault coverage pays out to cover the policyholder's own damages, no matter who caused the accident. Depending on the state’s laws and the individual policy, this may include medical treatment, lost wages, and other crash-related losses.No-fault coverage includes:Personal injury protectionMedical benefitsUninsured motorist protectionUnderinsured motorist protectionLiability coverage, on the other hand, pays out to cover losses suffered by other people involved in an accident that the…
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What is the Best Way to Resolve the Dookhan Drug Testing Lab Ordeal?
Dookhan Drug Testing Lab Scandal In November the Massachusetts Supreme Judicial Court struggled with the question of how about best to handle the aftermath of the Dookhan drug testing lab scandal, according to the Boston Globe. Annie Dookhan worked as a chemist in a Massachusetts drug testing lab where she produced test results that were used in over 24,000 criminal cases as evidence against defendants accused and convicted of drug crimes. The problem is that because Ms. Dookhan mishandled at least some of the drug samples for a fact, and falsified her test results data, countless criminal defendants may have been convicted on bad evidence. The state Supreme Judicial Court is trying to decide how to handle the more than 24,000 criminal drug cases and which Ms. Dookhan had handled the evidence, and appears to be struggling with the decision. Arguments to the court lasted more than 90 minutes, which is an unusual length of time for an appeals court hearing. The arguments took so…
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TILEM & ASSOCIATES GETS ANOTHER DWI DISMISSED DUE TO AN ILLEGAL STOP – THIS TIME IN ROCKLAND COUNTY
As very experienced New York DWI Attorneys we are often asked to assist other attorneys on complex DWI cases. Recently, that request paid off for the attorney and his client after all charges related to a Rockland County DWI were dismissed. In November Tilem & Associates was hired to take the lead in a suppression hearing for a client who was facing DWI charges and who was not being offered any plea bargain. We had sought the suppression of statements and breath that we asserted were taken illegally from our client after he was illegally taken out of his car. At the suppression hearing, one police officer testified. The officer claimed that in response to a 911 call the officer responded to a location and saw our client in a vehicle that matched the description given to the 911 operator. On cross-examination, by me, the officer admitted that at the time the officer approached the vehicle and removed the driver from the vehicle that there was…
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Top Massachusetts court adopts "new protocol for case-by-case adjudication" of over 20,000 drug convictions tainted by misconduct of lab chemist
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The Apple iMac Computers, Receiving Stolen Property and Valuing Computers
This post examines an opinion from the Court of Appeals of Alaska, which may be the first post I have done on an opinion from this court. Bell v. State, 2017 WL 127985 (2017). The Court of Appeals begins the opinion by explaining that[i]n May 2012, several Apple iMac computers were stolen from West Anchorage High School by persons unknown. Shortly after these computers were stolen, Robert Daniel Bell sold one of them to a used electronics dealer. The dealer paid Bell $140 for the computer.The State subsequently charged Bell with second-degree theft (theft by receiving stolen property valued at $500 or more) and with third-degree theft (theft by deception for selling the iMac to the used electronics dealer for $140). At Bell's trial, the main disputed issue was the value of the computer — if the value equaled or exceeded $500, the charge was a felony, if less, a misdemeanor.Bell v. State, supra. The second-degree…
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Concealed Weapons and Rules of Evidence
The Utah Court of Appeals recently decided a concealed weapon case, State v. Isaacson. In October of 2013, the Draper City police received information from a library that Douglas Ewald Isaacson was carrying a concealed weapon without a concealed-carry permit. The police officers then learned that Mr. Isaacson was on his way to a nearby senior center, which was where the officers found him. Mr. Isaacson admitted that he had a concealed gun in his jacket, and he let one of the officers take it from his jacket. At bench trial, Mr. Isaacson explained that he believed he did not need a concealed carry permit since he had a Second Amendment right to bear arms. Video footage from one of the responding officer’s body camera was introduced and admitted into evidence. The video showed the concealed gun inside of Mr. Isaacson’s jacket, and the court found that the gun was fully loaded and could be fired by pulling the trigger. Mr. Isaacson testified that he took the…
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15 Mistakes Many Women Make in a Divorce
15 Mistakes Many Women Make in a Divorce Some have likened divorce to the psychological equivalent of a triple bypass—painful, complicated, and with a difficult recovery period. Because many of those who go through a divorce are in an intensely emotional state, mistakes can be made—in some cases, devastating, long-lasting, eternally regrettable mistakes. While both genders make mistakes during a divorce, the mistakes made by women tend to primarily involve financial issues. In particular, older women who may have had little to do with the marital finances over the years, can be hit hard financially by a divorce. If the divorce was totally unexpected, those women may come out of the divorce on the short side of the asset division, with no way to make a living. If you are contemplating a divorce, or have been blindsided with divorce papers, it could be beneficial for you to take a look at these common mistakes made by many women during a divorce:…
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Capers on Rape, Truth, and Hearsay
I. Bennett Capers (Brooklyn Law School) has posted Rape, Truth, and Hearsay (Harvard Journal of Law and Gender, Forthcoming) on SSRN. Here is the abstract: Though known among Evidence scholars, Stephens v. Miller is not a ground-breaking case, In applying...
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Special Rules for Pleading and Trying Habitual Offenses
Everyone knows that having a criminal history is bad. John wrote earlier this week about C-CAT, an on-line, searchable database that helps folks identify many of the non-criminal consequences of a conviction—like losing a professional license. The criminal consequences of an earlier conviction are, in contrast, much easier to figure out. A criminal record generally results in greater punishment for new crimes. For a handful of North Carolina crimes, a prior conviction for a similar offense increases the grade of the new offense – sometimes converting what would otherwise be a misdemeanor to a felony. Special rules govern the charging, arraignment, and trial for such offenses. The failure to follow them is the subject of considerable case law from our state’s appellate courts, including two recent opinions from the North Carolina Court of Appeals. The rules. G.S. 15A-928 sets forth the procedures the prosecutor and superior court judge must follow…
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Idaho State Police Road Safe Class January 28th
The Idaho State Police will be holding a Road Safe Class for the 2016/2017 winter driving season on Saturday, January 28, 2017 from 9:00 a.m. to 12:00 p.m. The class will be held at the Idaho State Police District 1 Office located at 615 West Wilbur Avenue in Coeur d Alene (Meeting Room A & B). This is the fourteenth year this award-winning program has been offered to the public. This is presented in a classroom setting designed to educate drivers of all ages (teens, adults and seniors), on the typical problems associated with winter road conditions in Idaho. The class consists of a PowerPoint presentation and video giving safe driving tips, as well as suggestions to prepare for the winter driving season. Other topics discussed will be how to deal with aggressive drivers, DUIs, and other driving problems and situations encountered on the roadways. The class will last for approximately 3 hours. There is no cost for the class. PLEASE CALL (208) 209-8620 Monday - Friday 8…
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Idaho State Police Seeks Help In Identifying Driver Of Crash Near Idaho Falls.
Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 01/18/2017 4:35 p.m. Please direct questions to the District Office On Wednesday, January 18, 2017, at approximately 9:40 a.m. the Idaho State Police investigated a single vehicle injury crash northbound on I15 @ 116.6, near Idaho Falls. Emily Chatterton, 24 of Pocatello, was driving a 2006 Volvo passenger car northbound on I15. A black vehicle in front of her suddenly braked and made an illegal u-turn in the emergency crossover. Chatterton maneuvered to avoid a collision, lost control of her vehicle, and rolled onto the right shoulder. Chatterton was transported to East Idaho Regional Medical Center by ground ambulance and was wearing a seatbelt. Idaho State Police is requesting that if anyone saw this incident, please contact dispatch by calling 208-525-7277 so they can assist in identifying the driver of the other vehicle. This crash…
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ACICS Loses Accreditation: What to Do if you are a School or an International Student Impacted by this DOE Decision
On December 12 2016, the U.S. Department of Education (“DOE”) announced that it is no longer recognizing the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This decision affects more than 16,000 international students in the United Stated attending nearly 130 Student and Exchange Visitor Program (SEVP)-certified schools and programs that are accredited by the Accrediting Council for Independent Colleges and Schools (ACICS). While most SEVP-certified schools are not required to obtain accreditation and may provide evidence in lieu of accreditation, there are two major instances, both involving immigrant students, when it is required: Accreditation is required for all English as a Second Language (ESL) programs, per the Accreditation of English Language and Training Programs Act. This act states that all ESL programs must possess accreditation by a regional or national accrediting agency recognized by the…
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Section 12.44(a) and (b) for Dummies
For accused persons facing prosecution for certain low-level felony offenses, Texas Penal Code Section 12.44 is like the Holy Grail of plea deals. Clients continuously ask “what is a 12.44(a)” . . . “can I get a 12.44(a)” . . . and “how does 12.44(a) work?” They ask the same questions about Section 12.44(b). So here’s the basics (and as always, if you have a particular legal question about YOUR CASE, talk to your lawyer . . . this post is for general info and should not be considered legal advice): Section 12.44 of the Penal Code allows the trial court to either send you to your local county jail to serve time on a State Jail Felony Conviction (that’s Section 12.44(a)), or, with permission from the prosecutor, reduce your State Jail felony case to a misdemeanor conviction and have you serve your time in a county jail facility (that’s Section 12.44(b)). Continue reading
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ANOTHER DAY ANOTHER JOA
Not quite a JOA, but another Not Guilty for everyone's favourite federal blogger and a damn good criminal defense attorney: PRESS RELEASE REGARDING NOT GUILTY VERDICT OF MEDICAL DOCTOR MICHAEL BAHRAMI After a three day trial, a federal jury unanimously found Dr. Michael Bahrami not guilty today in Federal Court before Judge Cecilia Altonaga. Dr. Bahrami was charged in a one count indictment with conspiracy to defraud the United States and to accept kickbacks and bribes in exchange for referring patients to home health agencies. The jury deliberated for less than an hour before finding him not guilty.Dr. Bahrami fled Iran when he was 17 years old. He taught himself English working as a bus boy. He then put himself through medical school and did his internship at Mt. Sinai hospital. He is 61 years old and has a successful cardiology…
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Robinson & Williams on Felony Murder
Paul H. Robinson and Tyler Scot Williams (University of Pennsylvania Law School and University of Pennsylvania, Students) have posted MAPPING AMERICAN CRIMINAL LAW An Exploration of the Diversity Among the States: Ch. 5 Felony-Murder Rule (In Paul H. Robinson &...
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Casino Markers and What You Need to Know
Most people would rather not carry large amounts of cash, particularly if they’re heading into a Las Vegas casino. If you’re a big gambler, though, what can you do instead? Rest assured that the casinos want as much of your business as they can get. That’s why they are often willing to extend you some credit in the form of casino markers. The zero-interest feature on these loans can make them quite attractive. It all seems easy on the face of it. If you fail to repay these markers in a timely fashion, though, that’s when the trouble begins. You could find yourself facing a double prosecution for what amounts to both a civil and a criminal offense. The Unpaid Casino Marker Timeline Under Nevada law NRS 205.130, the casino must attempt to collect unpaid casino markers on its own before enlisting the aid of the district attorney. They will start by sending you a certified notice concerning the unpaid debt. Do not ignore this notice. You will usually have 10…
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