“In this instance, without a warrant, nor exigent circumstance, the State could only rely upon the exception of a warrantless search incident to a lawful arrest for drunk driving in order to demand a blood test from McCumber. With the … Continue reading →
NE implied consent law was unconstitutional as applied here, but not on its face
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Monday Open Thread
It's a court day for me, which means an open thread for you. All topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Pay or Stay: Debtors Prison Policies in Texas
The Texas Fair Defense Project and Texas Appleseed have a new report out on the use of jail time for fine only offenses. More on this later after Grits has had a chance to go through it in detail, but I wanted to put the link out there for those who interested. In the meantime, this assessment is hard to argue with:Low-income Texans are being set up to fail by the way fines and fees are handled, and they are often driven deeper into poverty. Suspending a person’s driver’s license makes it illegal to drive to work; issuing an arrest warrant can make it nearly impossible for to find employment; and sending that person to jail can lead to the loss of a job and housing. The public’s safety is harmed when low-risk people languish in jail. This system hurts Texas families and drains our public resources at great expense to taxpayers.
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Nine and Half Years in Prison for Mortgage Fraud Scheme
Mortgage Fraud Blog. Alla Samchuk, 45, Roseville, California, was sentenced to nine and a half years in prison for a mortgage fraud scheme and obstruction of justice. A federal jury returned a verdict in August 2016 finding her guilty of six counts of bank fraud, six counts of making a false statement to a financial institution, one count […] The post Nine and Half Years in Prison for Mortgage Fraud Scheme appeared first on Mortgage Fraud Blog.
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Lawmakers Call for More Action on Baylor University Rape Claims
An expanding investigation and allegations of a cover up of alleged sexual assaults at Baylor University in Texas have led to calls for Governor Greg Abbott to direct the Texas Rangers to investigate. Last week, Rep. Roland Gutierrez (D-San Antonio) filed a bill in the Texas House of Representatives urging the governor to get the Rangers to investigate “the obstruction of justice surrounding the sexual assault of young female students at Baylor University,” reported the TV station KENS5. The resolution claimed the “level of cover up” by the university administration and campus police was “appalling.” The Texas legislator filed a resolution calling upon Governor Greg Abbott to direct the Texas Rangers to investigate Baylor University’s administration and police department following the school’s sexual assault scandal. The resolution claims Baylor’ administration failed to adequately investigate allegations of sexual violence.…
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Physician assistant convicted for illegal sale of painkillers
A New York physician assistant faces a five-year prison sentence after pleading guilty to conspiring to illegally distribute the painkiller oxycodone. Michael Troyan, 38, was ordered to forfeit the $710,000 he made in the drug sales. He must also serve three years of supervised release. His physician assistant license was listed as inactive on the New York State Department of Health records at the time of his sentencing. According to federal prosecutors, from 2011 to 2015 Troyan distributed more than 70,000 pills, which were later sold illegally. Officials said an investigation was launched when an unnamed surgeon reported Troyan as a possible drug dealer. He was caught after an undercover investigation videotaped him receiving large quantities of cash in exchange for fake oxycodone prescriptions at his Riverhead office. The licenses of physician assistants can be affected by alleged misconduct in the workplace. The Office of Professional Medical Conduct investigates all…
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“CAR HOPPING” IS A BURGLARY, TAKE A GUN FROM CAR, IT’S ARMED BURGLARY
Several Car Burglaries Reported in St. Johns County Recent news stories detail the arrest of a 14 year old boy in regards to several car burglaries in St. Johns County. The 14 year old can’t be named because juvenile names are not allowed to be disclosed under Florida law. The 14 year old has been charged with armed burglary to a conveyance and grand theft. The 14 year old currently remains in the custody of the Juvenile Justice Department. A 17 year old co-defendant is currently on the run at this time. The News4Jax story states that the 4-5 vehicles broken into were all unlocked, and firearms along with other personal items were stolen. It is often known by car burglars that people keep firearms, laptops, tablets, and other high end electronics in addition to cash and change inside of their vehicles. A separate news story published by the Florida Times Union details the concerns of law enforcement in regards to car burglaries. The…
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Ohio Secretary of State reports that 82 non-citizens have recently cast votes in Ohio
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Pascoe & Miao on Victim-Perpetrator Reconciliation in Murder Cases
Daniel Pascoe and Michelle Miao (City University of Hong Kong (CityUHK) - School of Law and The Chinese University of Hong Kong, Faculty of Law) have posted Victim-Perpetrator Reconciliation Agreements in Murder Cases: What Can Muslim-Majority Jurisdictions and the PRC...
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techdirt: Judge: FBI’s NIT Warrant Invalid And IP Addresses Do Have An Expectation Of Privacy, But No Suppression Granted
techdirt: Judge: FBI’s NIT Warrant Invalid And IP Addresses Do Have An Expectation Of Privacy, But No Suppression Granted by Tim Cushing: Thanks to the FBI’s one-to-many NIT warrant, which was issued in Virginia but reached thousands of computers all … Continue reading →
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"How Trump's Twitter use could help bring down NC sex offender law"
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WaPo: The used car that came with a special option: A GPS device secretly installed by the police
WaPo: The used car that came with a special option: A GPS device secretly installed by the police by Orin Kerr: Are you in the market for a used car? If so, you might not want to buy a car … Continue reading →
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Walters et al. on Hate Crimes
Mark Walters, Rupert Brown and Susann Wiedlitzka (University of Sussex Law School, Independent and University of Sussex - School of Law, Politics and Sociology) have posted Causes and Motivations of Hate Crime on SSRN. Here is the abstract: This report...
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AG Sessions comments negatively on state marijuana reform
As detailed in this new AP article, headlined "Sessions: More violence around marijuana than ‘one would think’," the US Attorney General had a few not-so-nice things to say about state marijuana reforms today. Here are the details: The Justice Department will try to adopt “responsible policies” for enforcement of federal...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/96T0ojZAj_w" height="1" width="1" alt=""/>
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Spamann on Arbitrary Sentencing
Holger Spamann (Harvard Law School) has posted Are Sleepy Punishers Really Harsh Punishers?: Comment on SSRN. Here is the abstract: This comment points out four severe reservations regarding Cho et al.’s (PS 2017) finding that U.S. federal judges punish more...
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Feeney on Privacy and Police Drones
Matthew Feeney has posted Surveillance Takes Wing: Privacy in the Age of Police Drones (Cato Institute Policy Analysis No. 807) on SSRN. Here is the abstract: Unmanned aerial vehicles, commonly referred to as “drones,” are being used in a range...
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Heritage Foundation expert provides road map for big government feds to crack down on marijuana enterprises
This webpage discussing the mission of the Heritage Foundation states at its outset that "free enterprise, limited government, individual freedom" are among the principles that that the group "fights for every single day." But when it comes to marijuana law and policy, it seems these principles become much less important...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/GntMsoRr_uQ" height="1" width="1" alt=""/>
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Aggregating evidence on marijuana's role in curbing opioid abuse after AG Sessions expresses skepticism
Attorney General Sessions today took more shots at marijuana reform, which included criticism of the suggestion marijuana could help curb the nation's opioid problems. In response, Christopher Ingraham has this lengthy Washington Post piece assembling all the recent research supporting the notion that marijuana could help curb the nation's opioid...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/U2DmoFzuy2c" height="1" width="1" alt=""/>
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Full report: ‘Every supposed reform has been harmful’ to inmates
2-28-17 North Carolina: In a report sent to N.C. lawmakers on Feb. 17, retired prison psychologist John Schwade said many of the state’s efforts to reform mental health for inmates have done more harm that good. Here is the report that Schwade sent to co-chairs of the Joint Legislative Oversight Committee on Justice and Public Safety: Recently I retired as a prison psychologist, stationed at
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Sex offender registration fees increase with proposed legislation
2-28-17 Wyoming: SHERIDAN — Sex offenders in Wyoming may face increased registration fees this July in preparation for the 2019 expiration of the grant supporting Wyoming’s sex offender registration program. At the request of the Wyoming Attorney General’s office, legislators appointed to the Judiciary Committee from both the House and Senate worked together over the interim to propose a bill
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