SSRN: Government Lawyers in the Trump Administration by W. Bradley Wendel of Cornell University School of Law, posted today. Abstract: The words and actions of candidate, President-Elect, and now President Donald Trump indicate that this Administration will aggressively seek to … Continue reading →
SSRN: Government Lawyers in the Trump Administration
↧
↧
"Delaying a Second Chance: The Declining Prospects for Parole on Life Sentences"
↧
The Limits of Marijuana Reform: The Federal Government
In April 2016, the Drug Enforcement Agency (DEA) announced it was reconsidering marijuana’s current list as a Schedule 1 Drug in the Controlled Substance Act. This announcement was met with skepticism and cautious optimism. The decision of the DEA to reclassify marijuana in the Controlled Substance List would allow national marijuana reform to circumvent the large hurdle of congressional action. The State of Federal Marijuana Law Currently, marijuana is illegal at the federal level under the Controlled Substance Act which defines marijuana as a Schedule 1 Drug. These schedules are characterized as: Continue reading
↧
Finding a Good Lawyer in Las Vegas
When complex legal issues arise, it’s wise to consult a lawyer. Since most people have never hired an attorney, they are at a disadvantage. How can they know whether a practitioner is right for them or is even well qualified? While finding a good attorney in Las Vegas does require a bit of work, it is well worth the effort. Some lawyers are genuinely not very good at their jobs while others excel at their profession. If you want to find a practitioner who is ethical and adept at what they do, then you’ll have to ask a few questions. Start with the basics. If you’re looking for a Las Vegas criminal defense lawyer, then you want someone who has several years of experience in this field of law. Attorneys that handle divorces and bankruptcies will be of no help to you. However, it may be useful to look for an attorney who not only practices criminal defense but also has specific experience with cases like yours. For instance, you may want to ask about your…
↧
Recreational Use of Marijuana in Boston Legal Since December 15th
Recreational Use of Marijuana On the November ballot, Massachusetts voters had the opportunity to legalize the recreational use of marijuana in limited quantities. The voters have spoken, and starting December 15, 2016, it will be legal in Massachusetts for individuals who are over the age of 21 to possess small amounts of marijuana under House Bill 1.561. It will also be legal for residents to grow small amounts of marijuana in their private homes. Users can transport not more than 10 ounces of marijuana, and not more than 10 pounds of marijuana products (i.e., treats, confections, or other consumables). What Stays the Same Under the law, smoking marijuana will be treated just the same as smoking tobacco. Users would be able to smoke in public but must do so in accordance with the laws that are imposed on smoking tobacco. Also the legalization of marijuana will have no impact on the state’s DUI laws, and you can still be charged and convicted for driving under the…
↧
↧
Remedy for Tainted Massachusetts Drug Lab Cases (Dookhan) Fashioned By SJC
Massachusetts Drub Lab Scandal The floodgates are now open to around 20,000 (twenty thousand) defendants whose convictions may have been tainted by Annie Dookhan’s corrupt, callous and criminal misconduct. On January 18, 2017 the Massachusetts Supreme Judicial Court decided the case of Bridgeman v. District Attorney for the Suffolk District, et al. SJC 12157. In Bridgeman the Court created a remedy for people whose cases may have been impacted by tainted Massachusetts drug lab conclusions. The Court adopted a protocol to be applied on a case-by-case basis more fully laid out below. The net effect will likely be the reversal and dismissal of thousands of convictions linked to Annie Dookhan’s wrongdoing. The Parties’ Positions Before Bridgeman Was Decided Before this case was decided the defense wanted the Court to vacate all Dookhan drug convictions with prejudice or at a minimum dismiss these cases and permit the district attorney to reprosecute within one…
↧
Sally Yates and Me
I was never Deputy Attorney General or Acting Attorney General or anything close. But a long time ago, in a US Attorney's Office far, far away, I had my Sally Yates moment. As a mostly obscure, but in that one instance somewhat prominent, federal prosecutor, I disagreed with the White House about the proper litigating position in a high profile case, one that was on its way to the Supreme Court.Ms. Yates chose her path. I chose a different one. The case was Dickerson v. United States, 530 US 428 (2000). It was on certiorari from the Fourth Circuit's judgment and opinion, 166 F.3d 667 (4th Cir. 1999).http://www.leagle.com/decision/1999833166F3d667_1764/U.S.%20v.%20DICKERSON. The case concerned one of the mysteries of Miranda: What, exactly, was the constitutional basis for Miranda's prescription of specific warnings the police are required to give and, even more importantly, its rule of automatic exclusion of a…
↧
NACDL gets grant to fund NACDL Fourth Amendment Center
Letter from NACDL Past President Gerry Morris of Austin, Texas today, in part: I am pleased to report that the Foundation for Criminal Justice has received a significant new grant from the John D. and Catherine T. MacArthur Foundation. The … Continue reading →
↧
The Constitution, Art. I Section 1: All Legislative Power Granted to the Congress
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. This is the first sentence of the Constitution. It appears quite simple. The power to enact laws about the subjects listed in the Constitution is granted to the Congress, and the […]
↧
↧
//blawgsearch75.rssing.com/chan-6519914/article22690-live.html
US v. Laursen, No. 14-30244 (1-30-17)(Rawlinson & Callahan; concurrence by Hawkins). This is a production and possession of child pornography case. The 9th affirms convictions for "use" of a minor, despite the fact that the 45 year old defendant had a legal sexual relationship with the 16-year old minor under state law. The taking of pornographic photos of the 16 year old still violated federal and state law. The 9th acknowledged there was no physical coercion, the relationship was consensual, and the photos were not shared or transferred to others. The 9th though held that taking such photos was "use," and Congress can hold such photos to be child porn. Concurring, Hawkins would impose a narrower test: the defendant had to exploit or take an unfair advantage of the minor. Otherwise, Hawkins fears that otherwise every sexually explicit photo snapped by 17 year olds in a relationship could be subject to…
↧
//blawgsearch75.rssing.com/chan-6519914/article22691-live.html
US v. Niebla-Torres, No. 10261 (1-31-17)(Christen w/Fletcher & Friedland). "Corpus delicti" requires that a conviction rest on more than a defendant's uncorroborated account. Here, in a "scout" case (a lookout on the Pozo Redondo Mountain in southern Arizona), the defendant gave a statement to the agent supposedly recounting what he was doing in guiding marijuana backpackers. He had camouflage, binoculars, cell phones, batteries and so forth. Subsequently, the defendant argued that he was pressured into the statement. He was convicted at a bench trial.On appeal, the defendant argued that the government failed to present corroborating evidence on the core agreement: Under the corpus delicti doctrine, the government first must introduce sufficient evidence that the conduct at the core of the criminal offense occurred; and second, independent evidence must be introduced to establish the trustworthiness of the…
↧
Pratt & Miao on Penal Populism
John Pratt and Michelle Miao (Victoria University of Wellington - Institute of Criminology and The Chinese University of Hong Kong, Faculty of Law) have posted Penal Populism: The End of Reason on SSRN. Here is the abstract: Penal populism has...
↧
Threat of Terrorism is Elevated in Texas
The threat of terrorism has been elevated in Texas due to recent activities of groups like ISIS, a new document by the Texas Department of Public Safety (DPS) reveals. The department released the 2017 Texas Public Safety Threat Overview. The document contains a comprehensive assessment of the current public safety threats to the state. The report draws on data from multiple law enforcement and homeland security agencies in Texas. It details the state’s approach to finding, assessing and prioritizing public safety threats related to terrorism, natural disasters, crime, public health, car crashes, industrial accidents and cyber threats. The report says threats from foreign terrorist organizations like ISIS (Islamic State of Iraq and Syria), elevated the current terrorism threat in Texas. This heightened threat is expected to continue in 2017 due to the high number of terrorist incidents worldwide and threats that have been thwarted. As recently as last November authorities…
↧
↧
Marijuana Legalization Talks Begin In Annapolis
Medical marijuana has made frequent appearances in the local news headlines over the last few years as the program has been wrought with controversy over long delays and alleged unfair awarding of grower licenses. Litigation further threatens a successful launch of the program within the next year, but there is a sleeping giant lurking that could render all the back and fourth of the last three years moot. Legalizing marijuana would instantly make an afterthought out of the medical marijuana program, which would essentially become the minor leagues. While marijuana has numerous legitimate medical uses and can work wonders for patients, a large portion of the medical card holders will inevitably be made up of recreational users who obtained a card to be able to legally do something they enjoy. There is no way hundreds of investors would put up millions of dollars to chase massive profits if their customer base was limited to those with an actual medical need for pot. The second…
↧
"What is a 'violent crime'? For California's new parole law, the definition is murky— and it matters"
From The L.A. Times, via NACDL news scan: As California undergoes the largest overhaul of prison parole in a generation, determining which criminals are violent in the eyes of the state has taken on a new urgency among some lawmakers...
↧
Trum Milks Media Time to Announce Supreme Court Justice
Trump picks 10th Circuit Justice Neil Gorsuch for Supreme Court. In 5 minutes, Donald Trump will name his nominee to the Supreme Court. In typical over-the top carnival style, he has asked two of his contenders fly to DC to appear with him,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Justice Gorsuch
Neil Gorsuch is an outstanding choice for the Supreme Court. As President Trump said in making the announcement, this was indeed the most important criterion for many of us who voted for him. We look forward to many years of excellent jurisprudence from Justice Gorsuch.The most important federalism issue for our work is the interference of the lower federal courts with criminal cases from the state courts. From 1953 to 1996, the general rule was that the federal courts on habeas corpus would reconsider de novo (from scratch) questions of federal law already decided by the state supreme court, as if they were a higher court with appellate jurisdiction. They are not, and such second-guessing on close questions is not the proper purpose of habeas corpus. Congress passed the key habeas reform of the Antiterrorism and Effective Death Penalty Act of 1996 to put the brakes on that, reserving relitigation on habeas corpus for correction of clearly wrong…
↧
↧
Oregon Legislative Study Critcizes “Per Se” DUI Marijuana Laws
As I’ve posted often in the recent past, with the increasing use — and legalization — of marijuana, legislators and law enforcement are falling over themselves trying to come up with answers to many uncomfortable questions, such as: Does marijuana, in fact, impair driving ability? How does an officer detect recent use of marijuana in the field? How do you measure the amount of active marijuana (THC) in the body at the time of driving? At what level of active ingredients in the body is a person impaired? How long do measurable amounts of marijuana stay in the body? If impairment levels cannot be determined, is there an illegal per se level that can be used, such as .08% with alcohol? And as I’ve posted in the past, there are no accepted satisfactory answers to these and related questions. See, for example, California Law Attempts to Prevent Marijuana Use While Driving, Is it Possible to Prove "Driving Under the Influence of…
↧
Prez Trump notes Judge Gorsuch's law school work on behalf of prisoners and defendants during SCOTUS nomination
↧
Reason: Trump Nominates Neil Gorsuch to the Supreme Court; Fourth Amendment?
Reason: Trump Nominates Neil Gorsuch to the Supreme Court by Damon Root: Gorsuch has also rejected pro-government deference in the Fourth Amendment context. For instance, in his 2016 dissent in United States v. Carloss, Gorsuch strongly objected to the majority’s … Continue reading →
↧
More Pages to Explore .....
