No grants, but latest SCOTUS order list still has lots of intrigue for criminal justice fans (especially those concerned with risk-assessment sentencing)
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SCOTUS rules in Beckles that federal advisory guidelines are not subject to Due Process vagueness challenges
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McGuireWoods Announces Updated Government Investigations Resource Guide
We are pleased to announce that McGuireWoods LLP has published the seventh edition of its Government Investigations Resource Guide. While Subject to Inquiry provides detail on the latest news and regulatory trends, this guide serves as a handy reference tool for in-house attorneys, compliance officials, and executives. The Guide features overviews for key areas of law, as well as suggestions for proper responses to agency inquiries as well as the general risks posed in each area. A complimentary electronic copy is available here.
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CA5: Interstate bus passenger had no standing against a dog sniff of the luggage compartment
An interstate bus passenger had no standing against a dog sniff of the luggage compartment of the bus. United States v. Rodriguez-Lara, 2017 U.S. App. LEXIS 3774 (5th Cir. March 2, 2017): Rodriguez-Lara, as a passenger on a commercial bus, … Continue reading →
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Impeaching Jury Verdicts
After a jury has delivered its verdict and judgment has been entered, can that judgment be attacked with juror affidavits about what went on during jury deliberations? The general rule, going far back into history, is no. Jurors should be free to engage in uninhibited discussion of the case, without worrying about being interrogated about what was said during that deliberation.The case of Peña-Rodriguez v. Colorado, No. 15-606, put this rule to a stress test. In this case, the defendant was charged with "unlawful sexual contact, and attempted sexual assault on a child" for assaulting two teenage girls in a restroom. One juror held stereotypical views of how Mexican men treat women. Colorado adheres to the traditional strict view of the no-impeachment rule. Does the Constitution require piercing the veil in these circumstances? The Colorado Supreme Court said no, 4-3. Today the United States Supreme Court said yes,…
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ME: Def’s mere acquiescence to his blood draw was not consent
Defendant’s mere acquiescence in his blood draw was not consent, and the trial court’s suppression order is affirmed. Implied consent no longer exists by statute, and the state had to prove consent. The trial court held that it did not, … Continue reading →
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SCOTUS rules in Pena-Rodriguez that Sixth Amendment creates exception to jury impeachment rule when racial animus revealed
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D.Nev.: To have standing in a package, one must be addressee or sender
In this conspiracy case involving mailed packages, none of the defendants were shown as the sender or addressee of this package. The defendant pursuing the motion didn’t even directly possess the package: He drove a woman to the post office … Continue reading →
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E.D.N.C.: Officers first said they were from Publishers’ Clearinghouse, then said “open the door or we are going to knock it down.” Consent after that was valid
Officers first knocked at door saying they were with Publishers’ Clearinghouse, but defendant didn’t come to door. Then they said in Spanish “open the door or we are going to knock it down.” It was on body camera. On the … Continue reading →
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Is Consent a Defense to Statutory Rape in New York?
Every day in New York City, teenagers and young adults who have clean records find themselves entangled in serious criminal charges related to statutory rape. Unlike most other rape charges, where the victim is forced or assaulted into compliance with the offender, statutory rape often involves couples who had no idea they were violating the law. New York sex offense attorneys at Sullivan and Galleshaw, LLP explain some important aspects of New York’s statutory rape laws, including the age of consent, how statutory rape is defined in New York, and some possible defenses to statutory rape charges. What is the Age of Consent in New York? The age of consent is the age at which males and females can legally give permission to participate in sexual intercourse and other sexual acts. Each state has its own laws on the age of consent, which ranges from 16 to 18 throughout the U.S. In New York, the age of consent is 17 years, regardless of gender. Once a…
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Formalism (and floodgate/functionality fears?) prevail over functional analysis in Beckles
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Opinion concluding that Sixth Amendment requires exception to no-impeachment rule when juror's statement indicates reliance on racial bias or animus
Justice Kennedy delivered the opinion of the Court in Pena-Rodriguez v. Colorado. Justice Thomas filed a dissenting opinion. Justice Alito also filed a dissenting opinion, in which the Chief Justice and Justice Thomas joined.
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W.D.Mo.: Dispute over inventory didn’t need to be resolved because automobile exception applied in any event
Defendant was stopped for no front license plate, and that led to a finding that his DL was revoked and the vehicle unlicensed. During his arrest, it was determined that there was an outstanding warrant for his arrest. The officer … Continue reading →
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Opinion concluding that advisory sentencing guidelines not subject to vagueness challenge
Justice Thomas delivered the opinion of the Court in Beckles v. United States. Justice Kennedy filed a concurring opinion. Justices Ginsburg and Sotomayor filed opinions concurring in the judgment. Justice Kagan did not participate.
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Suspended License Attorney in Las Vegas
In Nevada, people rely heavily on their cars. It’s how they get to work and take the kids to school. The family car is a necessity for going to the grocery store, visiting a park or keeping doctor appointments. If you contemplate what it would be like if you couldn’t drive for awhile, you might realize that your life would come to a virtual standstill. That’s what it feels like when your driver’s license gets suspended. Suddenly, that trip to the doctor’s office is far more complicated. The outcome for a person who relies on their driving privileges to earn a living is even more devastating. More than one driver has lost their job when they could no longer legally fulfill their duties. If your license is suspended or if you are concerned that your license may be suspended by authorities, then you need to enlist the services of a Las Vegas suspended license lawyer. Such a lawyer is your advocate, arguing to protect your rights and maintain your…
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A Warning Shot on Forfeiture
The State of Texas seized $201,100 that Lisa Leonard said was from the sale of her home and the State said was drug money. The trial court found the latter by the preponderance of the evidence, and the State kept the money.Is preponderance good enough? Forfeiture exists in the twilight zone between civil and criminal law, and an argument can be made that a higher burden is required. Justice Thomas discusses the question in his statement today in Leonard v. Texas, No. 16-122. So does Justice Thomas think the Court should take this case up? No:Unfortunately, petitioner raises her due process arguments for the first time in this Court. As a result, the Texas Court of Appeals lacked the opportunity to address them in the first instance. I therefore concur in the denial of certiorari. Whether this Court's treatment of the broad modern forfeiture practice can be justified by the narrow historical one is certainly worthy of consideration in…
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Supreme Court Gives Texas Death Row Inmate New Hearing Over Racial Bias
The U.S. Supreme Court has sent the strongest signal yet that race should not be a factor in sentencing in a death row appeal from Texas. In February, the U.S. Supreme Court allowed condemned Texas murderer Duane Buck the right to request a new court hearing on his death sentence. In a 6-2 decision, the court said Buck, who claimed for decades that his capital sentenced was invalidated by racially tainted evidence, should go back to a lower court for a new sentencing hearing. The legal questions related to his 1995 case included evidence introduced by Buck’s own lawyers stating he was more likely to be dangerous because he is black, reported USA Today. It was the second time in the Supreme Court’s new term that the justices have stalled an execution. The court heard another death penalty case from Texas last November that relates to a prisoner’s intellectual disability at his trial. In recent years, the use of the death penalty has been…
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Breathometer Maker Faces Sobering Truth: It Doesn’t Work
Makers of a device called the “Breathometer” promised that their product could help drinkers determine when they’d had too much to drive. The product concept was first pitched on the television show, “Shark Tank,” and it involved an app-supported smartphone device that would help consumers make smarter decisions about whether to refrain from driving after consuming alcohol. By breathing into the app device attached to their phone, users would be able to tell whether they were over the legal limit of 0.08 alcohol concentration. However, the Federal Trade Commission recently slammed the company, ultimately negotiating a settlement, amid charges the device didn’t actually work as promised. Specifically where the FTC was concerned, the company lacked the scientific evidence to support the claims made in advertising. As part of the settlement, the company’s founder and chief executive officer is prohibited from making any future…
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News Scan
Released Illegal Arrested for Murder: On February 21st, The Denver Sheriff's Department defended it's decision to release an illegal immigrant from custody who was arrested for murder a few weeks later. According to Keith Coffman at Reuters, Ever Valles, 19, a Mexican national in the country illegally, was released from the Denver jail in late December. Not long after, Valles along with another defendant was charged with the murder and robbery of a man at a light rail station. Immigration and Customs Enforcement (ICE) officials said in a statement that after Valles was arrested, it placed a detainer with the Denver County jail to hold him until its agents could take him into custody. "The detainer wasn't honored and he was released by the jail ... without prior notification," ICE said. "Valles is a known gang member whose gang history is documented in the Colorado gang database." Denver is a sanctuary city, which…
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E.D.Cal.: 26 U.S.C. § 7609 and the Code of Professional Conduct for CPAs creates no REP; Couch remains good law
“[D]efendant Galloway moves to suppress from admission into evidence the tax records received from CPA Livsey by IRS agents, arguing that 26 U.S.C. § 7609 and the Code of Professional Conduct for CPA’s conferred upon him a reasonable expectation of … Continue reading →
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