Ivanka Trump merchandise will no longer be available to purchase online by Sears and KMart, due to lagging sales. “As part of the company’s initiative to optimize its online product assortment, we constantly refine that assortment to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Sears and K-Mart Remove Ivanka Trump Merchandise
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"Cellphone Spy Tools Have Flooded Local Police Departments"
From The Atlantic Citylab, via NACDL news scan: Hundreds of documents obtained by CityLab from the country’s top fifty largest police departments over the last ten months reveal that similar cellphone surveillance devices have been quietly acquired by local authorities...
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Dominican Newspaper Posts Photo of Baldwin as Trump
Too funny. El Nacional, a newspaper in the Dominican Republic carried an article on Donald Trump and Israel. But it mistakenly posted a photo of Alec Baldwin as Trump, next to a correct photo of Israeli Prime Minister Benjamin Netanyahu. The... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Virginia criminal defense- Determining retroactivity of SCOTUS rulings for appellants & habeas litigants
Every once in awhile, the United States Supreme Court issues a great decision for criminal defendants. For instance, in March 2013, the Supreme Court ruled 5-4 that police need probable cause to believe the existence of relevant criminal activity before taking a drug-sniffing dog to the front door of one’s home. Florida v. Jardines, 133 S.Ct. 1409 (2013). Daniel Paul Oprisko in 2009 was convicted at a bench trial of possession with intent to distribute more than one-half ounce but less than five pounds of marijuana. Oprisko received a suspended sentence. Oprisko v. Virginia, __ Va. ___ (Feb. 10, 2017). Along came Jardines four years after Oprisko’s conviction and sentencing. Oprisko filed for habeas corpus relief on the basis that the search warrant for his home was invalid under the Fourth Amendment, because the search warrant was based on a drug dog sniff, where the Oprisko argued that police did not first have probable cause of drug activity…
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Snowden: A Gift or a Trade, or Just Fake News?
First, I don't believe the NBC News story that Russia intends to gift Edward Snowden to the U.S. The whole story seems to emanate from a suggestion former CIA deputy director Mike Morrell made last month: What better way for President Putin... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Will Jeff Sessions Really Matter?
Despite all the hand-wringing, Jefferson Beauregard Sessions III was sworn in as Attorney General, as everyone who didn’t have their head completely up their butt knew he would. It’s consistent with Trump’s campaign appeal to fear of crime and terrorism, which, presumably, he market tested to ascertain whether it would play well in the hinterlands. Apparently, it did, unless he was elected despite people in Missouri muttering to themselves, “the man’s a moron, but he’s still better than Hillary.” But if anything appears to motivate Trump to act, it’s to create the appearance of fulfilling his campaign promises, misguided as many of them were. And that, unsurprisingly, is serving him well, in that it distinguishes him from generations of presidents who said one thing on the campaign trail and another the day after they were sworn in. His policies may be grossly uninformed, his actions may be unserious, but he’s keeping his…
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Peeking at Washington through a seemingly permanent face-palm
This blog attempts to the extent possible to stick to Texas state criminal justice politics, but sometimes national issues and politics intervene. So allow me to share a few perhaps relevant thoughts Grits had today on some of the new policies and pronouncements emanating out of Washington.Asset forfeiture and reading criminal-justice tea leavesIn the wake of President Trump's interjection into Texas asset forfeiture politics (see Grits coverage here and here), the Star-Telegram has a good article describing how the president's condemnation ironically energized proponents of the push rather than stymied it. “Bill Miller, an Austin consultant and lobbyist, said the Trump episode transformed civil asset forfeitures into a suddenly hot topic. 'It didn’t have any visibility until Trump sort of called it out,' Miller said. 'Now it sort of went from zero to 100 miles an hour.'” See also Maurice…
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ID: Implied consent remains an exception to the warrant requirement under McNeely
Implied consent remains an exception to the warrant requirement under McNeely. State v. Ortega-Vastida, 2017 Ida. App. LEXIS 15 (Feb. 9, 2017): The district court incorrectly interpreted McNeely and Wulff to eliminate implied consent as an exception to the warrant … Continue reading →
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IA: A claim of officer safety has to be objectively justified by the record; Rodriguez followed under state constitution
Iowa adopts Rodriguez under state constitution after a lengthy comparison of its own cases and cases from around the country. A claim of officer safety has to be objectively justified by the record; merely stating it doesn’t make it so. … Continue reading →
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IA: Def’s father’s search of his stuff was objectively as a concerned parent, not as a LEO so it’s a private search
Defendant’s stepfather was a Davenport police officer, and, off-duty, he searched defendant’s property twice and turned it over to the police. The detail of his actions show him acting as a concerned parent, not as a law enforcement officer. Therefore, … Continue reading →
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Virginia Drug Defense- The Good Samaritan rule only applies for active reporting & treating
In 2015, Virginia enacted a Good Samaritan rule that provides an affirmative defense to those who “in good faith, seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, by contemporaneously reporting such overdose…” As I said last year, Virginia’s Good Samaritan drug overdose law is not foolproof but is better than the absence of such a law. I detail the Good Samaritan law more fully at the end of this article. In any event, on February 7, 2017, the Virginia Court of Appeals exempted from the Good Samaritan drug law those who do not actively seek nor actively obtain medical attention if experiencing a drug overdose, rather than simply cooperating with law enforcement and emergency personnel on their arrival. Jennifer Jo Broadous v. Virginia, ___ Va. App. ___ (Feb. 7, 2017). Here, Broadous overdosed on injected Fentanyl, and her…
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Looking at Ohio Gov Kasich's clemency record and those of his predecessors
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Is big data "reinforcing racial bias in the criminal justice system"?
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The Whistleblower vs. The Hacker
Malcolm Gladwell's new article in the "New Yorker" is an extraordinary examination into the difference.http://www.newyorker.com/magazine/2016/12/19/daniel-ellsberg-edward-snowden-and-the-modern-whistle-blowerA pop of the balloon if you're a Snowden fan.However, that's also the case in the new book: "How America Lost It's Secrets: Edward Snowden, the Man and the Theft."Industry Rule #4,080: Begin discrediting any media outlet that may serve as a conduit to whistleblowers. Call them "fake news" or "bloggers."Sound familiar?
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Hit and Run Penalties in Las Vegas
Nevada law is strict when it comes to hit and runs. It is illegal for anyone to leave the scene of an accident, even if they were not at fault, until they have at least exchanged information with the other driver. If you have been charged with a hit and run in Las Vegas, then you need to understand the potential penalties. Even more importantly, you’ll need to hire an experienced Nevada criminal defense attorney. Under NRS 484E.030, it is a crime for anyone to leave the scene of an accident without providing the VIN of the car involved in the accident in addition to the driver’s name and address. If requested, the parties are also required to share their driver’s licenses. If police are called to the scene, then they have the right to collect the same information. A hit and run may be charged at either a misdemeanor or felony level. If the accident results in property damage alone, then it is typically charged as a misdemeanor hit and run. However, any hit and…
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Alternet (via Salon): One nation, under cops: 3 reasons to believe America could become a police state under Trump
Alternet (via Salon): One nation, under cops: 3 reasons to believe America could become a police state under Trump by Alexandra Rosenmann A civil rights attorney weighs in on “Big Picture” with Thom Hartmann
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New York Magazine: Watching Donald Trump Try to Puzzle Out What ‘Asset Forfeiture’ Means Is Deeply Discomfiting
New York Magazine: Watching Donald Trump Try to Puzzle Out What ‘Asset Forfeiture’ Means Is Deeply Discomfiting by Jesse Singal: On Tuesday, in an incident picked up by NPR and a bunch of other outlets, Donald Trump joked to a … Continue reading →
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Case o' The Week: Process Due to Aliens Few - Peralta-Sanchez, Sec. 1225 Removals, and Due Process
An alien with an agg felony has the right to hire an attorney at his or her expedited removal hearing. Surely an alien with no priors, caught within 100 miles of the border, has similar due process rights to hire counsel? Not so much. (And don’t call us “Shirley.”) United States v. Peralta-Sanchez, 2017 WL 510454 (9thCir. Feb. 7, 2017), decision available here.Players:Decision by Judge Bybee, joined by Judge N.R. Smith. Dissent by Judge Pregerson. Hon. Judge Jay BybeeFacts: Border agents arrested Peralta-Sanchez just north of the border. Id. at *1. He was charged with improper entry, 8 USC § 1325, and being a removed alien found in the U.S., 8 USC § 1326. Id. He was still on supervised release for his last illegal reentry conviction. Id. Peralta-Sanchez had a number of felony convictions and removals. Id. at *2. In 1999, he suffered a removal order after a felony DUI. Id. In 2012, he suffered an…
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Injury Crash Near Buhl
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 2/12/2017 3:25 p.m. Please direct questions to the District Office On Saturday, February 12, 2017, at approximately 7:09am, the Idaho State Police investigated a single-vehicle injury crash on U.S. Highway 30 near Buhl. Tawnie Share, age 27 of Buhl, was driving a 1999 Jeep Grand Cherokee eastbound on U.S. Highway 30. At milepost 193.4, lost control, went off the left shoulder, and rolled. The vehicle came to rest on its top in a field. Share was not wearing a seatbelt and was ejected from the vehicle. She was transported by air ambulance to St. Alphonsus Regional Medical Center in Boise. This crash is under investigation by the Idaho State Police. KL/BJ…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 286 Law and Moral Dilemmas Bert I. Huang Columbia Law School Date posted to database: 9 Jan 2017 [2nd last week] 2 93 From Economic Recession to Legal Opportunity:...
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