Doug Berman has this post at Sentencing Law & Policy, excerpting a piece from The Daily Caller. In part: Criminal-sentencing reform proponents in Congress are “hopeful” that Vice President Mike Pence will be an ally, helping them to work with...
"Is VP Pence going to be a key player for possible federal sentencing reform?"
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CA8: Passenger in his gf’s rented car driven by yet another had no standing
Defendant was a passenger in a rental vehicle rented by his girlfriend but being driven by a third person. He was not on the rental agreement as a driver or a co-renter. He had no standing. United States v. Russell, … Continue reading →
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Founding Partner Norman Zalkind Featured on Front Page of Massachusetts Lawyers Weekly
Massachusetts Lawyers Weekly dives into the past of our founding partner, Norman Zalkind, highlighting his history of “going to the edge” to fight for his clients. His upbringing combined with some unexpected job pursuits helped build the foundation for his success as an attorney, which took off during the Civil Rights and anti-Vietnam eras. Our firm couldn’t be more proud of Norman, his accomplishments, and his longstanding passion for defending the rights of the accused. Read the article here.
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JUDICIAL APPOINTMENTS: 3RD DCA & CIRCUIT COURT
THE CAPTAIN REPORTS:SO, YOU WANT TO BE A JUDGE .....ON THE CIRCUIT COURT:There were a total of 15 applicants to replace Judge Victoria Brennan on the Circuit Court. Of those, 11 are scheduled for interviews on February 14, 2017. They are:9:30 a.m. Raul A. Cuervo 9:50 a.m. Jason Dimitris 10:10 a.m. Spencer J. Multack 11:10 a.m. Milena Abreu 11:30 a.m. Andrea Ricker Wolfson 11:50 a.m. Lourdes Simon 12:10 p.m. Norman Christopher Powell 1:30 p.m. Luis Perez-Medina 1:50 p.m. Joseph J. Mansfield 2:10 p.m. Ariel Rodriguez 2:30 p.m. Ayana Harris Ramiro Christen Areces, Marilyn Blumberg, Carlos Alberto Lopez, Jr., and Michele A. Vargas were all bypassed for personal interviews.ON THE 3rd DCA:Governor Scott will be naming Judge Frank Shepherd's replacement, likely by next Friday, February 10, 2017. The six finalists include:John A. GrecoJudge Norma S. LindseyFleur J. LobreeJudge Robert J. LuckJudge Bronwyn C. MillerOren RosenthalSCOTUS:And then there was…
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New Florida Bill on Custody
New Florida Bill on Parenting Time A bill has been filed Jan. 30 that could bring about a major change in how the state and courts handle the mission of enhancing parenting time-sharing opportunities. Sen. Jeff Brandes, R-St. Petersburg, filed Senate Bill 590, which his office says “offers an optional default visitation schedule for non-custodial parents.” SB 590 would add language to Florida law that governs the handling of child support by the Florida Department of Revenue. If passed, when people meet with the revenue department to set up their child support per his or her Title IV-D order, they would also be presented with an optional child visitation plan for unmarried parents. The goal of the bill is to “encourage contact between non-custodial parents and their children,” according to Brandes’ office. “Spending time with our children is the most valuable gift parents can give,” Brandes wrote. “The state…
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Vacating October Decision, Court Holds Return of Indictment Not Necessarily Fatal to Appellate Jurisdiction over Grand Jury Matters
On rehearing, a unanimous panel changes course in In re Grand Jury Matter #3, No. 15-2475 (Jan. 27, 2017), holding in this “out-of-lane” case that appellate jurisdiction survived the return of an indictment against a target-turned-defendant challenging a document's presentation to the grand jury. Reaching a question that had escaped review under its original decision, the Court now concludes that the district court erred in holding the crime-fraud exception to have vitiated work product protection for the document, an email the target had received from his attorney and forwarded to his accountant.Identifying the target as John Doe, the opinion’s discussion of the underlying investigation is relatively spare, framing the email’s relevance in relation to the government’s theory that Doe executed a sham transfer of his company to a third party in order to mitigate liability in a class action suit challenging the company’s…
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Consent Searches under New Jersey Law
In New Jersey, a request for consent to perform a search is a commonly used tactic by police, especially in drug/controlled dangerous substance and firearms cases. Receiving consent may permit law enforcement to search your personal property, car, even your home without a warrant. Per the 4th Amendment of the US Constitution and Article I, Paragraph 7 of the New Jersey Constitution, a warrant or probable cause is necessary for law enforcement to be able to execute a search. Consent searches are a way for law enforcement to get around the warrant requirement, but are problematic in several respects. Who is the appropriate party to grant consent to search the property? What is the scope of the consent? Can the police pressure someone into consenting? What is the potential to have any evidence obtained by the police, i.e. weapons, drugs, tossed out of court or suppressed if the consent given to search was not valid? The Fourth Amendment requires that consent for…
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News Scan
CA Sex Trafficking Crackdown: Hundreds of arrests have been made state-wide over the past two days in the course of a concerted effort to combat sex trafficking. According to San Diego Union-Tribune reporter Dana Littlefield the third annual "Reclaim and Rebuild" operation took place across California resulting in hundreds of arrests. More than 160 law enforcement personnel from 16 agencies worked together on the operation. Officers recovered 28 minors who had been sexually exploited and 27 adult female victims. 142 men were arrested and on charges of solicitation, and 238 women were cited for prostitution.Judge Upholds Inmate's Death Sentence: A federal judge upheld the death penalty Thursday in the case of a man who assaulted and murdered a corrections officer. Joe Dolinsky at Times Leader reports that habitual felon and gang member Jessie Con-ui, 39, faces trial later this year for the 2013 murder of 34-year-old corrections…
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EXTRADITION TO ILLINOIS: VIOLATION OF PROBATION FOR DUI
Violating the terms of your DUI supervision or probation could result in your extradition to the state where your case was originally heard. Extradition means you could be arrested in your current state and brought back to face charges in the original state. Let’s say you didn’t attend alcohol education classes, or you failed to take required drug tests. If you did not honor the conditions of your original DUI plea agreement, a petition for violation of your probation could be filed in the original state. Whether you will be extradited to that state is usually up to the county prosecutor, and it is impossible to predict their decision in any given case. If you are at risk of extradition to Illinois, you should contact an experienced Illinois criminal law attorney immediately. An attorney can review the facts of your case for your best possible defense. Sometimes a violation of probation is a result of a miscommunication, and an attorney can help sort this out. …
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Vasiu & Vasiu on Cyberstalking
Ioana Vasiu and Lucian Vasiu (Babes-Bolyai University - Faculty of Law and Independent) have posted Light My Fire: A Roentgenogram of Cyberstalking Cases (American Journal of Trial Advocacy, Vol. 40, No. 1, 41-68, 2016) on SSRN. Here is the abstract:...
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FL1: Officer was reasonable in reentering car to retrieve money he took off def and put in car seat; plain view sustained
When defendant was frisked, $1,188 was removed from him, and the officer put it on the trunk then thought to put it through the window so it wouldn’t blow away. The officer then acted reasonably going back into the unlocked … Continue reading →
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Seventh Circuit Upholds Discretionary Aspects of Supervised Release for Sex Offenders
Even after a criminal defendant completes his or her jail sentence, restrictions on freedom may remain. When a defendant leaves a jail or prison, a judge may impose terms of supervised release, which place certain restrictions on a defendant’s activities and require him or her to check in regularly with a probation officer. For defendants convicted of sex crimes, these terms of supervised release may be particularly restrictive because of the very serious nature of their crimes and the high rates of recidivism for sex offenders. A recent case before the Seventh Circuit Court of Appeals looks at particularly restrictive terms and a defendant’s efforts to oppose them. In United States v. Warren, Mr. Warren was charged with transporting and possessing child pornography and was sentenced to five years in prison and 15 years of supervised release. Over the course of 19 days in 2003, Mr. Warren managed a Yahoo Group that he used to share and distribute child…
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Child Pornography: Defending Against Overreaching Investigations Using the Internet
Here in Texas, specific teams of law enforcement are dedicated to investigating, arresting, and prosecuting child pornography laws. Their focus is solely on building cases against individuals violating either state or federal child porn statutes. That’s fine. Task forces have been around for years. Overreaching Child Porn Investigations Violate the Law The problem today is how these investigations are being done, given the latest technological advances. Sure, the government argues that things like the internet have made it easy for child porn to be sold and transmitted. However, the web has also made it much easier for the government to snoop into private lives under the banner of a criminal investigation. Sometimes, snooping is legal. That’s the purview of search and seizure law, the realm of constitutional due process. Problem is, from a criminal defense perspective, child porn investigations may cross that line. …
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Domestic Violence Deaths Decline In 2016
According to the annual Femicide report, 21 people died in Minnesota as a result of domestic violence in 2016, down from 22 deaths in 2015. You can view the report by clicking here, but we’re going to delve into some of the specifics in today’s blog. 2016 Femicide Report Here’s a closer look at some of the findings from the 2016 Femicide Report. At least 21 people died as a result of domestic violence in Minnesota in 2016. In one-third of the cases, children were present when their mother was killed or the body was found. Two of the victims were children. At least three family members/interveners/friends were killed as a result of domestic violence, down from nine in 2015. 83% of the victims were currently or formally romantically involved with their murderer. The Femicide Report cited four key “lethality factors” that increase a person’s likelihood of being abused or killed. They are: The victim’s attempts to leave the abuser, previous…
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Una bofetada a la realidad
Soy una persona persistente nunca obsecado si quien cambia ideas conmigo prueba que estoy equivocado. Me parece (no recuerdo bien) que hace dos meses cerré mi cuenta en Facebook, por ahora no está en mis planes abrir una nueva cuenta, sin embargo, gracias a ese alejamiento he podido publicar en este blog durante enero y el primer día de febrero del año en curso 50 artículos, la mayoría objetando las opiniones que están a favor de enseñar en las escuelas que dentro de la diversidad de posibilidades que se le abren a los que empiezan su larga lucha por sobrevivir –para los humanos- un soplo vital en el tiempo, la supuesta normalidad de la homosexualidad. Deseo compartir en breve resumen el siguiente artículo: Pasajero.utero.pe MARTES, 31 ENERO 2017 SI VAS A CRIARLOS PARA QUE HAGAN DAÑO, ALGUIEN DEBE METERSE CON TUS HIJOS Miguel Flores-Montúfar Soy comunicador y trabajo…
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California Smartphone Breathalyzer Company Settles Lawsuit with FCC
Last month, the Federal Trade Commission (FTC) filed charges against Breathometer, Inc.–a company that markets two smartphone accessories designed to measure consumers’ BAC–and its CEO in federal court, claiming they lacked scientific evidence to support their claims. The complaint, filed on January 23, 2017 in the U.S. District Court in the Northern District of California, seeks a permanent injunction, rescission of contract, monetary damages, and other equitable relief in connection with the marketing and sale of the applications Breathometer Original ($49) and Breathometer Breeze ($99). The company and its CEO recently settled with the FTC. Both are devices operated in conjunction with the Breathometer smartphone app. While the Original attaches to a smartphone via the audio jack, the Breeze is operated by Bluetooth. The devices work by blowing into the device. Within seconds, a BAC level is displayed on the phone. The company even had a deal with…
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Criminal Conspiracy and Authenticating Text Messages
This post examines an opinion from the Superior Court of Pennsylvania: Commonwealth v. Howard, 2016 WL 5266632 (2016). As appellate courts usually do, the Superior Court begins by explaining how the prosecution arose, what it involved and what issues are involved in the appeal:On April 26, 2014, police officers conducted surveillance of the El Patio Motel in Millcreek Township as part of an investigation of alleged drug activity. N.T. Jury Trial, 1/15/15, at 34-36. Officers received information that an individual known as `NASS’ (Carnell Tinson) had been selling heroin from motel room 123. Id. at 35. While conducting surveillance of the motel, officers observed Appellant and Tinson enter room 123 at 5:07 p.m. N.T. Jury Trial, 1/16/15, at 17, 18, 23. At approximately 7:45 p.m., the officers saw Tinson exit room 123, enter a vehicle, and drive away. Id. at 32-35. Officers followed Tinson but did not apprehend him. Id.At approximately 8:45…
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Sessions Nomination Moves to the Floor
Nick Timiraos, Aruna Viswanatha, and Natalie Andrews report for the WSJ:A Senate committee voted along party lines Wednesday to send the nomination of Sen. Jeff Sessions as attorney general to the full Senate floor, after a contentious hearing in which Democrats questioned the Alabama Republican's ability to show independence from the White House.
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The Future of Transportation is Here—In North Carolina
Just a few short years ago, self-driving cars seemed futuristic. Now the future is here. If you drive in the Triangle, self-driving cars will soon appear on a road near you. What is happening in N.C. Last month the News and Observer reported that the U.S. Department of Transportation (USDOT) had selected Interstate 540 in North Carolina (named the Triangle Expressway, but more commonly known as the toll road) as one of ten testing sites for driverless car technology. According to the N&O, the Turnpike Authority’s application stated that the road would be available for testing by January 1, 2018. The article said it was not clear whether testing would occur on closed roads or in normal traffic. This news follows a December announcement that UNC’s Highway Safety Research Center has been selected to run a national university transportation center funded by the U.S. Department of Transportation. The new Collaborative Sciences Center for Road Safety…
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Highlighting the basis for hoping Judge Gorsuch will prove to be like Justice Scalia on some criminal justice issues
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