Issue summaries are from ScotusBlog, which also links to papers: Monday Packingham v. North Carolina: Whether, under the court’s First Amendment precedents, a law that makes it a felony for any person on the state's registry of former sex offenders...
Next week's criminal law/procedure arguments
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In criminal defense, take nothing for granted & seize the opportunities
Many criminal & DWI defendants at first may feel like they have been thrown to the lions. Beyond the veneer of smiling prosecutors, police and judges in the courthouse, is a criminal justice system ready to eat alive those who go to court alone or without the right lawyer. It is empowering for the criminal defendant and his or her lawyer to seize all available opportunities on their side, but can feel disconcerting for the defendant when expectations or hopes about the prosecutor, judge or jury do not materialize. Those, like I, who used to get into fistfights and wrestling matches as children benefit from a realistic view of court combat and all other life conflict. We do not expect fairness in the boxing ring, although we welcome and encourage it. Daily, I work on myself to get the best possible results for my client, without getting upset about trespasses from police, prosecutors and judges. When I let myself get upset about my opponents, I am losing sight about the…
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CA4: Pre-Rodriguez stop was valid under law at time
Rodriguez was decided after the stop, and the circuit recognized de minimus delays in the stop. Moreover, the stop is not calculated merely by time: “Under Digiovanni and other pre-Rodriguez cases, that Deputy McMurray may have been able to end … Continue reading →
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CA5: Detention on a “mental writ” was reasonable
“Holloway is a six-foot-six, former Mississippi State University offensive lineman who was in a car accident with a deputy near Hattiesburg in Lamar County, Mississippi.” Later, he was described as “formidable.” It turned out there was a “mental writ” issued … Continue reading →
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OR: Automobile exception applies to any lawful stop where PC of a crime develops
The automobile exception applies when a vehicle is lawfully stopped for any reason and then probable cause develops. State v. Bliss, 283 Ore. App. 833, 2017 Ore. App. LEXIS 256 (Feb. 23, 2017). Defendant requested a meeting with the police … Continue reading →
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DE: Flight from a consensual encounter in a high crime area was RS
Defendant’s stop in a high crime area was consensual. Defendant, however, was acting like he was checking for a gun on his person, and then he fled. That gave the officers reasonable suspicion. Loat v. State, 2017 Del. LEXIS 70 … Continue reading →
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TN: Def’s post-conviction burden is to show that the motion to suppress would have prevailed
On a post-conviction petition that defense counsel was ineffective, the defense has to put on proof to show that there is some reason to believe that the motion to suppress would have been granted if it had been pursued at … Continue reading →
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Can Diversity Of Thought Co-Exist With Diversity?
At Volokh Conspiracy, Randy Barnett writes of a letter sent to the American Association of Law Schools to express the disappointment of conservative and libertarian academics with their being no room at the Inn for them. It’s orthodoxy v. heterodoxy, and orthodoxy has its hands on the wheel of the truck. The letter is a marvel of academic moderation, beginning with deep appreciation that the leaders of AALS didn’t spit in their face as they showed them the door. It finally comes to its point: At this meeting we urged, inter alia, the creation of a Political Diversity Task Force on viewpoint diversity similar to the Racial Diversity Task Force created in 1999 or the three task forces created to deal with issues of globalization. *** We fear that the Executive Committee does not take our concerns seriously and intends to take no action to address them. We urge the EC to alter this attitude. Both scholarship and teaching suffer when law schools are echo chambers in…
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Shirts And Skins
The “free the nipple” movement is one that a very diverse group of people can support. Some for the right reason. Some for their own reasons. For obvious reasons, you pigs. This is not, as some might surmise, about women whose deepest desire is to walk around without wearing a shirt (or blouse, for the purists out there). Rather, it had historically been the crime of indecent exposure for women to publicly bare their nipples. Men could go shirtless all they wanted. Boys divided into skins and shirts for basketball teams in gym class. Women would get arrested. Equal protection, right? But the argument for prudes was that women and men were different. Nobody gave a damn if a guy’s nipple was out there, while female breasts were objects of sexual desire, and so exposing them would inflame the hormonal masses. Or, at least, this was what prim and proper folks believed, and those pearl-clutchers had breasts of varying size of their own. While we may not be a…
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MÁSCARAS DE HONESTIDAD
Me causa mucha gracia ver y oír a los mismos periodistas, abogados, políticos, analistas, politólogos (jejeje), magistrados, ex magistrados, Fiscales, ex fiscales, ex procuradores y cualquier otro miembro de la sociedad que con alguna frecuencia es consultado sobre los acontecimientos del momento por un medio y otro también –generalmente corrupción- todos con soluciones propias cuando no –el periodismo particularmente- de destruir lo que en algún momento defendieron. Mas el tiempo, el cansancio, hastío o hartazgo de la mayoría de peruanos (los pobres y los que están debajo de esta línea) al oír y escuchar culpables o inocentes sin definir nada terminan con el asunto y a la larga este se repetirá. Los facinerosos con la plata robada compran todo tipo de conciencias y pasado el mal rato, estos mismos ciudadanos o ciudadanas (jejeje)…
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Virginia criminal defense – Beware dealing with probation agents
Being convicted of a crime is no picnic. When a probation agent is involved, the picnic can seem to gather even more red ants. Talk about potential and actual sentencing with criminal defendants often focuses so much on the length of active jail time — meaning the time that will be served in jail no matter what — that criminal defendants too often lose sight of the incarceration hammer that may slam down on them if they are found guilty of violating probation. Criminal defense lawyers must be sure to discuss probation with their clients in the process of addressing sentencing possibilities. Even though Virginia voluntary sentencing guidelines, for instance, focus on active jail time, probation plays a big role in sentencing. Here are a few practical and helpful thoughts for convicted people to consider in addressing probation as part of case negotiations and sentencing, and in dealing with their probation agents. Some of these tips will also…
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Sex Offender Registration in Las Vegas
A person who is convicted of a sexual offense in Nevada is obligated to comply with the sex offender registry requirement. This represents an ongoing responsibility, the terms of which are strict. Failure to comply may be met with severe penalties. Sex offenders are initially required to register themselves according to NRS 179D.460. This law stipulates that a convicted sex offender who resides in a city or county within Nevada for 48 hours or more is required to register themselves with the sheriff’s department or the local or metropolitan police force. Similarly, NRS 179D. 470 states that a sex offender must update the registry upon moving. The offender is required to provide a change of address not more than 48 hours after moving. An in-person visit to the local police department is stipulated. Offenders are also expected to inform authorities if they change jobs or their name. Additionally, people on the registry must provide the license number and description of any…
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Alleged Drunk Driver Crashes at Drive Thru in Falmouth
When people are drunk, they often end up eating a lot more food than they should. This is the reason that food trucks make so much money when they set up outside bars in Boston, for example. However, it is obviously very dangerous to go out driving to get that late night snack if you are too intoxicated to legally or safely drive a car. The reason we say legally or safely, as opposed to just legally, is because a person can be below the legal limit of 0.08 grams of ethanol per hundred milliliters of blood and still too drunk to safety drive a car in manner that is not negligent. For that matter, a person can be found guilty of an operating under the influence (OUI) of intoxicating liquor, even if they are below a 0.08 blood alcohol concentration (BAC). The reason for this is because of is what is known as per se standard. If person is over the limit as demonstrated by chemical testing (blood, breath, or urine) they can automatically be found guilty…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 344 Law and Moral Dilemmas Bert I. Huang Columbia Law School Date posted to database: 9 Jan 2017 2 117 From Economic Recession to Legal Opportunity: The Case for...
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Law.com: Eleventh Circuit Questions Calhoun’s Challenge of Injunction on Indigent Bail
Law.com Daily Report: Eleventh Circuit Questions Calhoun’s Challenge of Injunction on Indigent Bail by R. Robin McDonald: Lawyers representing the city of Calhoun appeared Thursday before a panel of the U.S. Court of Appeals for the Eleventh Circuit seeking to … Continue reading →
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Is a Hit and Run a Felony in California?
The city of Los Angeles sees some 20,000 hit-and-run collisions annually. While the majority of those hit-and-runs cause only property damage, in 2014, twenty-seven people died in LA hit-and-run crashes, with another 144 being severely injured. Because of the number of hit-and-runs in Los Angeles, a city alert system now publishes information related to the […]
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Minnesota’s Tough Administrative Sanctions for DWI’s
Amidst all of the talk and publicity surrounding DWI law-related news regarding new legislation and potential criminal punishments following a DWI conviction, in addition to these serious criminal sanctions, Minnesota’s administrative sanctions may add considerably to a defendant’s headache. Pursuant to Minnesota Statutes, Section 169A, there are three administrative sanctions that begin immediately following a subject’s arrest. […] The post Minnesota’s Tough Administrative Sanctions for DWI’s appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Case o' The Week: Pic, Sixteen => Mand-Min, Fifteen: Laursen and the Child Porn Production statute.
A picture is worth . . . 5,475 days.United States v. Laursen, 2017 WL 460660 (9thCir. Jan. 30, 2017), decision available here.The Hon. Judge Johnnie B. Rawlinson Players:Decision by Judge Rawlinson, joined by Judge Callahan. Concurrence by Judge Hawkins. Facts: Laursen, 45, had a consensual sexual relationship with a sixteen-year-old girl. Id. at *1. Laursen told police the girl was being prostituted (but did not reveal his relationship). Id. Police examination of the girl’s laptop revealed sexually explicit images of the girl and Laursen. Id. Later, Laursen’s sister gave the police a camera that she found, that contained sexually explicate images of the girl. Id. Laursen was charged with and convicted of production and possession of child porn. Id. at *2. The court rejected a jurisdictional challenge, where Laursen argued that the girl was “not a child” because under Washington law she was a young woman of legal…
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¿Qué película ganará el Oscar?
Me agrada mucho el Cine, sin embargo hace muchos años que no voy sustituyéndolo por la TV, no he visto los avances de las cintas, de la presente Edición del Oscar nunca lo hago y siempre me entero al día siguiente de los resultados. Sólo he leído de que trata "Moonlight" y prenso que es la cinta ganadora, por las mismas razones que ganaran "La lista de Schindler" o "La teta asustada"; El dinero invertido por poderosas personas afines al guión de la película es inevitablemente el triunfo que impulsará -al contrario de los filmes que he mencionado- el homosexualismo en el Mundo. En aquellos era el miedo.
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SCOTUS considering cases involving sentencing and collateral consequences in coming days
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