This post examines a recent opinion issued by the Justice Court, Town of Webster, New York, Monroe County: People v. Grammatico, 2017 WL 22441 (2017). The judge begins the opinion by explaining that[t]he defendant was charged with aggravated harassment in the second degree in violation of Penal Law Section 240.30(1)(a) alleged to have occurred on August 29, 2016. An arrest warrant was then issued for the arrest of Nicolas A. Grammatico. The defendant was arraigned in an `off hours’ arraignment on September 13, 2016. At the time of his arraignment he was accompanied by his attorney. The defendant was released on his own recognizance at that time. Subsequently defense counsel filed a motion with the court requesting the dismissal of the information, alleging that same was defective and being insufficient on its face pursuant to [New York Criminal Procedure Law] §§ 100.15, 100.40, 170.30 and 170.35. The accusatory instruments consisted of a…
The Stepson, “True Threats” and Aggravated Harassment
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Bowman on Pryor on Presumptive Federal Sentencing Guidelines
Frank O. Bowman III (University of Missouri School of Law) has posted First Principles and Practical Politics: Thoughts on Judge Pryor's Proposal to Revive Presumptive Federal Sentencing Guidelines (29 Federal Sentencing Reporter __ (2017), Forthcoming) on SSRN. Here is the...
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IT World: Microsoft’s standing to sue over secret US data requests in question
IT World: Microsoft’s standing to sue over secret US data requests in question by John Ribeiro: The company has objected in a lawsuit to unreasonable US government requests for customer data
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Failing The Milo Test (Update)
It makes little sense to me to be proud of living one’s life in a bubble. No one would suggest that it’s wrong of Layla Schlack to choose not to read “Dangerous” when it comes out, but to announce that you’re choosing not to read any books by white males, not because they’re not to your liking, but just because they’re written by white males, is the “hate” you profess to hate. Milo Yiannopoulos has chosen to make himself the poster boy for outrageous political incorrectness. He was at the University of Washington as part of his “Dangerous Faggot Tour.” As one might anticipate, he was not well-received by all. Protesters outside of the event, which is part of the openly gay Yiannopoulos’ “Dangerous Faggot Tour,” assaulted attendees and threw bricks and other objects at police officers. One victim was a high school senior who said he was assaulted and paint bombed because he was wearing a…
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The Immigration Battle Under the Trump Administration: Sanctuary Cities and Court Orders
President-elect Trump’s hardline statements on immigration, which are often peppered with shifting details, have left millions of Americans uncertain about their future status in the U.S. More than 700,000 undocumented immigrants who came to the United States as children are protected currently by Consideration of Deferred Action for Childhood Arrivals (“DACA”), established by President Obama, and another four to five million were eligible for protection under a similar program for parents of U.S. citizens and lawful residents. Many of these families’ information could be stored in federal systems, allowing for targeted removal under the Trump administration. Below are two of the less discussed areas where some of the national debate over immigration policy may take place under the soon-to-be President Trump: Sanctuary Cities: Continue Reading
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Two on informant hearsay
The CI provided detailed information that all proved to be true involving a shipment of drugs, down to the packaging. While the automobile exception would have supported the search, the police obtained a warrant on the probable cause from the … Continue reading →
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McGorrery on PTSD in Crime Victims
Paul McGorrery (Deakin University, Faculty of Business and Law, Deakin Law School) has posted Judicial Recognition of PTSD in Crime Victims: A Review of How Much Credence Australian Courts Give to Crime-Induced PTSD ((2016) 24 Journal of Law and Medicine...
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South Florida Woman Facing Federal Bank Robbery Charges
It was the height of the Holiday shopping season last month, when a middle aged woman wearing sweat pants and a dark colored hat walked into a bank and simply handed a teller a note which read “This is a robbery. Smile & act naturally”. She also told the teller that she was armed and wouldn’t hesitate to use her weapon, “so don’t act like a hero”, even though witnesses to the apparent robbery didn’t see a weapon in the woman’s possession, according to the federal criminal complaint. After her arrest, which took place three days after the alleged robbery, and after being taken into custody, Sonya Clark, who is fifty two years old and works for a moving company also seemingly confessed to robbing a local branch of a TD bank in Boynton Beach late last year, near her residence. The bank that was hit in Fort Lauderdale was also a TD Bank Black Friday, the busiest day of the shopping season had just passed but apparently Sonya…
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DUI Las Vegas
Being charged with a DUI in Las Vegas can be a life-changing moment. What you do next will largely determine the consequences you’ll face and how much this incident is likely to change your life moving forward. Contact a Nevada DUI lawyer if you are facing charges anywhere in the state. The number of people who choose not to hire a DUI attorney in Las Vegas is surprising. They may do so because they figure they can’t afford legal representation or because they think that if they failed a blood or urine test, they are simply guilty, and it’s an open and shut case. The reality is that DUI defense in Las Vegas is more affordable than most people imagine, particularly when you consider the drastic consequences that can result from a DUI conviction. What’s more, the police are human. They often make mistakes that deliver incorrect test results. You’re being unfair to yourself if you don’t hire an attorney to take a fresh look at your DUI arrest.…
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E.D.Okla.: Search of vehicle on roadside not unreasonable because it started as a proper inventory
Defendant was stopped for his tag light being out, and it resulted in finding that his DL was suspended. That meant that his vehicle would be towed. The inventory by all appearances was starting, because a video showed the inventory … Continue reading →
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W.D.Mo.: Entry into the curtilage was justified by exigency of a shots fired call
Defendant’s next door neighbor called 911 to report shots fired at defendant’s house. When they arrived, officers set up a perimeter and entry into the curtilage was valid based on exigency, and a cartridge case was seen in plain view. … Continue reading →
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D.Kan.: Sony’s reports of CP on def’s Playstation3 to NCMEC was a private search
Users of Sony’s PlayStation3 communicate with each other through Sony’s PlayStation Network, like email. Sony in its terms of service prohibits transfer of illegal things, and it reserves the right to monitor. Also, 18 U.S.C. § 2258 makes Sony a … Continue reading →
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EL ITER CRIMINIS y LA CORRUPCIÓN.
El "iter criminis" lo saben los abogados es la ruta trazada por el criminal para cometer su fechoría, comprende todas sus etapas, la motivación, el planeamiento, oportunidad y medios a emplear en su ejecución y las opciones que haya planeado para salir indemne de ella lo que podríamos sintetizar en LA COARTADA. La corrupción cumple con todas esas características y en el caso ODEBRECHT especialmente por estar comprometidos personas que debían dirigir el País para su bienestar NO el de sus bolsillos. La motivación: EL DINERO El planeamiento, las coordinaciones entre el corruptor y el corrompido para que la coima sea difícil de detectar. La oportunidad, como, cuando y con quienes se cuenta para ocultar el delito. Coartada, la del que controla todos los hilos del poder efímero pero poder al fin, que NO exista posibilidad alguna de ser relacionado con el delito, ¿Cómo?…
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Ohio Supreme Court Paves Prosecution’s Path For Drugged Driving Convictions
Bad Facts Make Bad Law If a police officer says a driver was under the influence of a drug, there is no need for testimony from an expert regarding whether the drug actually impairs driving. That is, essentially, the conclusion of the Ohio Supreme Court’s decision in State v. Richardson. There is a saying among lawyers: “bad facts make bad law”. The precedent created by this case may qualify as ‘bad law’, and the circumstances of the case definitely qualifiy as ‘bad facts’. These are the facts. The defendant rear-ended another car and had a child with him in his truck. He then nudged the other car repeatedly because he left his truck in gear. His speech was slurred, he slid out of the truck, he dropped all his cards on the ground, he singed his hair trying to light a cigarette, he ‘failed’ all the field sobriety tests, and he refused a blood test. The defendant told the officer he was on pain medication and took hydrocodone…
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Do I Need to Burn AR / Accelerated Rehabilitation for My Connecticut Evading Responsibility Arrest?
One of the most common defense strategies to get your Connecticut arrest for Hit and Run / Evading Responsibility arrest dismissed is using a Connecticut Diversionary Program called “Accelerated Rehabilitation” (also known as “AR”). As any of the best criminal lawyers or attorneys in Stamford or Norwalk Connecticut will tell you, applying for—or “burning”—your AR will usually get your Connecticut arrest for Evading Responsibility under CGS 14-224 dismissed, but at what cost? And do you have any other options? The New Accelerated Rehabilitation Rules Under the new Connecticut Accelerated Rehabilitation laws, you only get one shot in your lifetime to apply for AR if you’re trying to get into the program to get a felony arrest dismissed, such as a felony arrest for Evading Responsibility / Hit-and-Run in Westport, Greenwich or Darien Connecticut. Alternatively, if you’re going to try and apply for Accelerated…
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Surprise! Google is There to Make Money
A story in the Wall Street Journal Google Uses Its Search Engine to Hawk Its Products serves as a useful reminder for something we tell clients all the time: Google is there to make money, and if your ideal search result won’t make them money, you may get a less-than-useful result. Google is an indispensable tool when searching for facts, but Google is not a disinterested party, like a good reference librarian. Google is in business to make money. The story reports that Google buys some of its own ads, so when you search for a particular thing that Google’s parent company Alphabet sells, guess what? Alphabet’s products have a way of turning out on the top of the list. One of the first things ever written on this blog more than five years ago was an entry called Google is Not a Substitute for Thinking, and it was one of the most read entries we’ve ever posted. Among the arguments advanced there as to why a Google search is hardly ever going to suffice in…
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So Many Protesters, Not Enough Room in the Streets
Photo from Washington Post This is truly mind-boggling. So many people showed up in Washington to protest Donald Trump, there wasn't enough room in the streets to let them march to the White House. By mid-afternoon, organizers had decided... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Chicago, New York Heading in Opposite Directions on Crime; Where Does Milwaukee Stand?
To judge by some of the political rhetoric last fall, violent crime must be surging in our nation’s cities. Is that true? The answer may depend on which city you are talking about, and which neighborhood within that city. Consider the contrast between Chicago and New York. The Windy City had about 762 homicides in 2016, while the Big Apple had just 334. The difference is shocking, especially when you consider that New York has three times Chicago’s population. To some extent, the contrasting figures from 2016 reflect longstanding trends. Although murders did spike in Chicago last year, New York has been doing better than Chicago on this score for a long time. The two cities had essentially identical per capita homicide rates in the late 1980s, but New York’s fell much faster and further than Chicago’s in the 1990s. New York has maintained a wide advantage ever since. Still, the dramatic widening of that advantage in 2016 should be of great concern to…
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"Mass Incarceration: Where Do We Go From Here?"
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Day 2, 1,381 Days to Go
The ACLU is ready on Day One. It's filed its first lawsuit demanding documents on Donald Trump. Photo belongs to ACLU The public deserves to know if the new president bases any of his decisions on personal gain. So we've taken... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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