In a recent Massachusetts appellate decision, the defendant was convicted of violating MGL c. 266 section 30(1). This section criminalizes larceny by false pretenses involving over $250. To secure a conviction, the Commonwealth is supposed to prove beyond a reasonable doubt that the defendant made a false statement of fact that he knew or believed was false at the time he said it, that he intended to induce someone else to rely on it, and that someone did rely on it and as a result gave up his or her property. The defendant appealed, arguing that the evidence in his case was not enough to prove that he made a false statement of fact intending to induce reliance. The defendant was a contractor who had agreed to repair a home in 2014, and in exchange for the homeowners’ agreement to pay 50% of the repair costs, he claimed he’d start the repair work the next day. Although he deposited the homeowners’ payment right away, he didn’t come back to the home…
Larceny by False Promises in Massachusetts
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EXCLUSIVE – North Carolina Attorney and Mortgage Broker Indicted
Michael Allan Johnson, Jr. attorney, Lexington, North Carolina, and Jennifer Willard Turnmire, mortgage loan broker, Thomasville, North Carolina, also known as Jennifer Willard, were indicted by a grand jury in the U.S. District Court for the Middle District of North Carolina. The indictment alleges that Johnson, Turnmire and an individual identified as Person A who was an attorney […]
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"The American Death Penalty Decline"
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Zalman on Wrongful Convictions
Marvin Zalman (Wayne State University) has posted Wrongful Convictions and Criminal Justice: A Challenge and Invitation (Published in ACJS Today The Newsletter of the Academy of Criminal Justice Sciences Volume XLII, Issue 1, (2017)) on SSRN. Here is the abstract:...
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Hard-to-believe harshness in prosecution of Virginia teen receiving underage pics
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News Scan
Charges Filed in 11-year-old Girl's Shooting: A 19-year-old male has been arrested and charged with first degree murder in relation to the death of an 11-year-old girl who died from a gunshot wound to the head last weekend in Chicago. According to Stefano Esposito of the Chicago Sun Times, Antwan C. Jones discharged his firearm at a group of people that he "didn't think belonged in the neighborhood." Takiya Holmes, 11, was struck in the head by a stray bullet and passed away this past Tuesday. This one of the three reported shootings involving Chicago children in the past few days. Washington Abolition Bill Expected to Fall Flat: A bill to abolish the death penalty in the state of Washington received a great deal of public backing this year although house democrats are not hopeful about the bills future. The Seattle Times reports "A House bill on the issue is set for a public hearing before the House Judiciary Committee on Wednesday, but it's not…
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Cal.2d: Sandra Bullock’s stalker’s home search remains suppressed
Defendant was Sandra Bullock’s stalker arrested in her house. He lawyered up but the police kept questioning and got consent which was held involuntary by the trial court. The state appealed. They tried inevitable discovery, and that was rejected. Finally, … Continue reading →
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E.D.Wis.: Rental unit inspection ordinance not violation of 4A where 21 day notice given
In a rental unit inspection ordinance case, the court declines to grant a preliminary injunction. The tenants have rights, of course, but state law permits the landlord to conduct inspections on his or her own and, most importantly, there is … Continue reading →
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WA: While impoundment was permissible, state law required reasonable alternatives be considered first
While impoundment was statutorily permitted, state law requires alternatives be explored before impoundment. Here it wasn’t, so the impoundment is suppressed. State v. Froehlich, 2017 Wash. App. LEXIS 366 (Feb. 14, 2017): 3. Reasonable Alternatives to Impoundment ¶42 Even though … Continue reading →
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MO: Where there are two justifications for a stop, challenging only one does not provide relief
There were two justifications for defendant’s stop. Defendant only challenged one, so it’s moot. State v. Swartz, 2017 Mo. App. LEXIS 74 (Feb. 14, 2017). The sound of defendant’s car apparently hitting another car constituted a hit and run, and … Continue reading →
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North Korean Dictator Ordered Brother Killed, South Korean Spy Chief Says
Kwanwoo Jun, Alastair Gale, and Ben Otto report for the WSJ:North Korean dictator Kim Jong Un issued an assassination order to kill his half-brother after seizing power in 2011 and agents tried to execute it at least once before succeeding this week, South Korea's top spy chief said. National Intelligence Service Director Lee Byung-ho's statement to South Korean lawmakers in a closed-door session on Wednesday came as Malaysia arrested a suspect in the mysterious airport killing this week of the brother, Kim Jong Nam."The longstanding order has been executed," said Lee Cheol-woo, who heads the South Korean legislature's intelligence committee, which oversees the spy agency, according to an aide to the lawmaker. "It reflects Kim Jong Un's propensity for paranoia, rather than his calculated act of removing a threat to his rule."This paranoia illustrates why the possession of nuclear weapons by countries such as North Korea and Iran…
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Court Seeks to Limit Use of Solitary Confinement
Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?” For many people, what goes on inside the walls of a prison isn’t the focus of much attention. Most seem content to embrace the idea that what’s out of sight should be kept out of mind. Unfortunately, this tendency to ignore sometimes-difficult issues allows the issues to continue to cause harm. Continue reading →
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Statutory Rape Laws of Texas
Every state has laws regarding the age of consent for sexual activity. When an adult engages in sexual activity with a child who is under the age of consent, the state may prosecute. The penalties vary depending on the severity of the crime, but they can be very harsh. In addition to penalties from the state, sex offenders are also subjected to judgement from the public and family members before they have a chance to defend themselves. Below is an overview of statutory rape laws in Texas and how they may affect someone who is accused of this crime. If you have been accused of statutory rape, it may benefit you to speak with an experienced defense attorney for advice. HAVE YOU OR SOMEONE YOU KNOW BEEN CHARGED WITH STATUTORY RAPE? CONTACT THE LAW OFFICE OF BRETT A. PODOLSKY TODAY FOR TOUGH LEGAL DEFENSE. What Is Statutory Rape? Texas law makes it a crime for anyone over 18 years of age to engage in sexual activity with someone under the age of 17. In the eyes of the law, it makes…
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EXCLUSIVE – Criminal Complaint Concerning Fraudulent Emails Diverting Escrow Deposits
Cristina Montijo was the subject of a complaint and arrest warrant issued in the Southern District of New York on charges of conspiracy to commit wire fraud and bank fraud, wire fraud and bank fraud. She was arrested in the Southern District of California. According to the complaint, sworn to by a Detective with the New […]
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Nonprofit Evicted Me and Posted False Fliers Calling Me a Sex Offender: Vet
2-15-17 New York: BROWNSVILLE — A nonprofit that purports to help and house homeless veterans illegally evicted a former serviceman, put up bogus posters saying he's a sex offender and then defied a judge's order to stop locking him out of his Brooklyn apartment, court records and lawyers charge. The nonprofit, MAG-V, which is run by an ex-convict, put up the phony fliers last month on the main
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Matrimonio igualitario y los pervertidos del Frente Amplio
Nunca he opinado a efectos de influenciar a terceras personas, especialmente a los que representan al pueblo. No voy a hacerlo en esta ocasión ni en ninguna por venir Este proyecto consiste en modificar el artículo 234ª del Código Civil y en un alarde poco feliz de sus efectos abren su aplicación a diferentes áreas del Derecho sin ninguna limitación que no sea para el resto de los hombres y mujeres heterosexuales. El resto del texto pretende justificar la modificación del Código Civil en el articulo mencionado. Sosteniendo, entre otros argumentos los que podrán leer luego que inserte los cambios al Código Civil. HE AQUÍ LA MODIFICACIÓN Artículo 1. Modificación del artículo 234 del Código Civil Modifíquese el artículo 234 del Código Civil que quedará redactado de la siguiente manera: Noción del matrimonio…
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Boeglin & Shapiro on Differential Punishment
John A. Boeglin and Zachary B. Shapiro (Independent and Independent) have posted A Theory of Differential Punishment on SSRN. Here is the abstract: A puzzle pervades the criminal law: Why is it that two offenders who behave identically are sentenced...
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Arrested in Sephora for Shoplifting; When is a Free Sample Not Free?
Shoplifting under N.J.S.A. 2C:20-11 of the New Jersey Criminal code is one of the most common crimes committed in the state of New Jersey, and can often times be accused over mistake of fact or misunderstanding between vendor and customer. Specifically, there have been a large number of cases in recent years stemming from the popular women’s cosmetics store Sephora. The high number of cases stemming from this vendor revolve around its policies concerning free samples, which are not followed strictly by their sales employees, but can be enforced stingily by their anti-theft team. Title 2c of the New Jersey Criminal code outlines shoplifting in its entirety as one of six offenses; however, we will be looking at the statute as it deals with purpose or intent. Specifically did you mean to take something and not pay for it? What that your intent? N.J.S.A 2C:20-11b(2), outlines the types of cases accused shoplifters generally encounter at Sephora. This section of the statute…
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The Role of Race—and Brain Science—in Pedestrian Fatalities
A pedestrian enters a crosswalk. A car approaches. Does the race of the pedestrian influence whether the driver stops the car or continues to drive through the crosswalk? A study of Las Vegas drivers published last month in the journal Accident Analysis and Prevention indicates that the pedestrian’s race may influence the behavior of drivers. That’s a troubling finding, particularly given that people of color are disproportionately affected by pedestrian crashes. The study. Researchers at the University of Nevada Las Vegas selected two midblock crosswalks on minor arterial streets in the city. One crosswalk was in a higher income area. The other was in a lower income area. Two research participants, one white female and one black female, acted as pedestrians attempting to cross the street. The women were of similar heights and builds and dressed in similar, neutral colored clothing. The participants only crossed the streets when no other pedestrians were…
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THE SENTENCING GUIDELINE RANGE SHOULD ONLY BE ONE FACTOR USED FOR FAIR SENTENCING IN FLORIDA
Finding the appropriate sentencing guideline range is one of the most important factors in sentencing since judges and prosecutors use the guidelines as a base point for sentencing. When the sentencing guidelines call for prison time it's very important for to find the best ways to avoid the implications of the guideline range so the judge has better sentencing options. Within the state and federal sentencing guidelines systems prosecutors often have far more power than judges in determining the final outcome of sentencing so judges must be stopped from giving prosecutors preference in sentencing to achieve the best results for defendants.Weighing the real costs of prison.Vermeer, Woman Holding a BalanceThe most important factor in sentencing other than the application of the sentencing guidelines is persuading the judge who may be human that you're a person and not just a case number and that just maybe you're a human too. Let's face it judges see the…
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