Artemio Rivera has posted A Case for the Due Process Right to a Speedy Extradition (50 Creighton Law Review 249 (2017)) on SSRN. Here is the abstract: Some lower courts have held that there is no due process right to...
Rivera on Due Process and Speedy Extradition
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Sentence in Puerto Rico Mortgage Fraud
Mortgage Fraud Blog. Alejandro E. Mayendía-Blanco was sentenced to serve 21 months of imprisonment for mortgage fraud, five years of supervised release, pay a fine of $50,000, and ordered to pay restitution of $98,666. Mayendía-Blanco pled guilty on August 12, 2016. Mayendía-Blanco was arrested on May 29, 2015, on charges of defrauding First Equity Mortgage Bankers, Inc. (FEBMI) in connection with […] The post Sentence in Puerto Rico Mortgage Fraud appeared first on Mortgage Fraud Blog.
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CA5: SW for 320 CR 401 didn’t include 320A; telephonic warrant fails for lack of a record of what caused to issue
A search warrant for 320 CR 401 did not objectively include 320A CR 401, a different address and building 200 yards away with a separate electric meter, so summary judgment was improperly granted the police. In addition, a telephone warrant … Continue reading →
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MODERN TECHNOLOGY AND THE FOURTH AMENDMENT
The Fourth Amendment protects you from unreasonable police searches. The founding fathers, however, never imagined the modern computer era. Under current federal law, the police can obtain all kinds of information that you may have shared with third parties via your computer. In People v Caira, the defendant had argued that his I.P. address should be private because it could reveal information about his physical location. The court, however, held that a person has no legitimate expectation of privacy in information that he or she “turns over to third parties even if the information is revealed on the assumption that it will be used only for a limited purpose and the confidence in the third party will not be betrayed.” The court held that police did not need a warrant because his I.P. address was shared with Microsoft whenever defendant checked his Hotmail inbox. In prior decisions, the U.S. Supreme Court has stated that while the contents of your phone…
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Federal district judge declares unconstitutional Arizona law requiring defendant to prove lack of sexual intent for contact with child
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10 OBSERVATIONS ABOUT BEING A CRIMINAL DEFENSE ATTORNEY
This was emailed to us by several people. It is the observations of Federal Judge Richard Kopf, and appeared on the Blog Simple Justice: It occurred to me that the readers might be interested in my top ten observations about criminal defense lawyers from the perspective of a federal trial judge. So, in no particular order of importance, here are my observations:10. Criminal defense lawyers are at great risk of becoming drunken bastards—the stress is beyond description.9. Being a good criminal defense lawyer requires sincerity whereas being a great criminal defense lawyer requires the ability to fake it.8. When it comes to convincing a client to accept a guilty plea because it is in the manifest best interests of the client, a criminal defense lawyer must become a client whisperer.7. When it comes to convincing a client to reject a plea offer and take the case to a jury, a criminal defense lawyer (regardless of gender) must possess balls of steel. (Rumpole says- we…
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Understanding Consecutive Felony Sentences: The Floor, the Ceiling, and the Roof
Consecutive sentences can be madness. Today’s post will—I hope—give you a championship-caliber understanding of how they are administered. I’ve written about consecutive sentences before (here, mainly). I also made a video about them (here), under the Sentencing Whiteboard banner. Those prior posts attempted to explain how the Division of Adult Correction determines the ultimate release date for an inmate serving two or more consecutive sentences. The key to understanding how consecutive sentences are administered is G.S. 15A-1354(b), the so-called single sentence rule. That statute directs DAC to treat a defendant sentenced to consecutive sentences as though he had been committed for a single term of imprisonment. The minimum sentence of that single term—the floor, if you will—is simply the sum of all the individual minimum sentences. No matter how much earned time or meritorious time the inmate accrues for working and completing programs in…
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Injury crash northbound Interstate 15 near milepost 74
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: <04/06/17 09:17> Please direct questions to the District Office On Thursday, April 6,2017, at approximately 6:06 P.M., Idaho State Police investigated a two vehicle, injury crash northbound Interstate 15 near milepost 74, in Bannock County. Jacob Phillips,43, of Idaho Falls, ID, was driving northbound on I15 in a 2001 Acura 4 door sedan. Benjiman Forbes, 35, of Stony Plain, Alberta, was in a 2005 GMC Sierra pulling a utility trailer. Forbes slowed down for traffic ahead and Phillips ran into the rear of Forbes' trailer. Phillips was not wearing a seatbelt. Forbes and his passenger were both wearing seatbelts. Phillips was transported by ground ambulance to the…
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Cal.1: Telling def to keep hands out of pockets and move to sidewalk was not a seizure
Defendant was not detained when officers asked him to keep his hands out of his pockets and to step onto the sidewalk. Tge encounter did not become a detention until the officers used force to grab defendant’s arm and told … Continue reading →
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News Scan
Anti-Cop Protests at California College: Manhattan Institute scholar Heather MacDonald was greeted by roughly 250 aggressive protesters at an address Thursday at Claremont McKenna college. Jennifer Kabbany at the College Fix reports that the protesters effectively shut down the speech as they surrounded the building, preventing ticket holders from getting in and forcing the MacDonald to give the talk via livestream to a near-empty room as they yelled "F*ck the police" and "Black Lives Matter" and banged on windows. MacDonald, author of the book "The War on Cops", which exposes the false narrative of racist police murdering blacks, has become a target of anti-police protesters who shouted her down at another address at UCLA earlier this week. Protesters organized Thursday's assault on Facebook, announcing their intention to "Shut Down Anti-Black Fascist Heather Mac Donald" and suggesting she pushes…
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California Proposes New Bail Rules
New legislation on bail could change the way that California deals with this issue forever. Usually the way bail works is when someone is charged with a crime they have an opportunity to either post cash bail or they can call a bail company in order to get themselves released. Cash bail means that they are posting the full amount of bail but after the case is completed they get all of the money back. A bond from a bail bond company generally means that you would give the bail bond company around 10% of what the bail is at and they will bail the defendant out. Federal vs State Courts In Federal Court there is a system where someone goes to something called pre-trial services before court. Pre-trial services assesses the defendant and sees what kind of a risk they pose to the community. In state court it is up to the judge to make a split-second decision after hearing only small details about the client. What they want to do is have this type of program in California State…
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KY: Arrest outside away from door did not justify protective sweep inside
A protective sweep wasn’t justified because the arrest was outside the apartment building away from view. Exigency also didn’t exist because there was no justification for thinking that there might be an injured person inside. Pace v. Commonwealth, 2017 Ky. … Continue reading →
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A Second Example of When a Police Encounter in Florida Requires Evidence of Criminal Activity
The prior post discussed the difference between a consensual encounter with the police in Florida and something more involved. The police in Florida are free to engage people in consensual encounters to ask questions or make observations, and people are free to refuse to answer questions or otherwise cooperate. Once an encounter becomes more like a seizure, i.e. a situation where the person does not feel like he/she can freely leave, the police must be able to point to specific facts indicating there is evidence of criminal activity to continue. A recent firearms case near Jacksonville, Florida provides another good example of what the law allows regarding searches and seizures in Florida. In this case, the police approached an apartment responding to a noise complaint. They knocked on the door, the suspect opened it and then quickly closed it. It is important for people to understand that they have the right to do this. No one has to answer…
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Court of Special Appeals: Maryland Police Officer Went Too Far in Conducting Warrantless Search
One of the most important tools in a police officer’s arsenal of law enforcement techniques is what’s called a Terry stop. However, one of the law enforcement techniques that is the most susceptible to misuse is the Terry stop. In a recent drug case from southeastern Maryland, the Court of Special Appeals overturned a man’s conviction, concluding that the Terry stop in his case was improper. The case is a clear reminder of the limitations of law enforcement’s authority to engage in warrantless stop-and-frisk searches of citizens. The incident began with an anonymous tip phoned in to a Delmar Police officer. The tip asserted that a man wearing gray sweatpants and a Chicago Bulls cap was standing in front of an apartment building with a gun in the waistband of his pants. Later, the officer received a call from a dispatcher that again described a gun-toting man in sweatpants and a Bulls hat in front of the apartment building. The officer eventually found…
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Dayton Signs Bill Updating MN Vehicle Forfeiture Laws for DWI
Minnesota Governor Mark Dayton has signed into law a new bill limiting the government’s ability to seize automobiles in DWI cases. Representative Marion O’Neill of Maple Lake authored the legislation after seeing the need to prevent innocent people from having their vehicles taken away. Under how state law was previously, authorities could confiscate owners’ cars and trucks, even in instances where someone else other than the owner was driving the vehicle at the time of the DWI arrest. “For spouses or family members who did not know their vehicle would be used unlawfully, it is problematic for the state to confiscate it from them,” remarked O’Neill, according to a report from the Governor’s office. Innocent owners, meanwhile, may still have to go to court in order to make sure their vehicles aren’t forfeited in the aftermath of such incidents. “This reform reflects the important balance between public safety and the…
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Dispatch from the Parallel Universe on Gorsuch Confirmation Vote
Adam Liptak and Matt Flegenheimer report from the parallel universe of the New York Times on the Gorsuch confirmation vote:Friday's vote was only possible after the Senate discarded longstanding rules meant to ensure mature deliberation and bipartisan cooperation in considering Supreme Court nominees.Here in this universe, the requirement of a supermajority to terminate debate has never been a significant factor in Supreme Court confirmations. Abe Fortas in 1968 did not have even majority support, so while the filibuster was used it was not necessary. All the Supreme Court nominations since then have either gone to a vote or been withdrawn when it was clear that the nominee did not have even majority support. The number of Supreme Court nominees in American history who have been denied confirmation because they had majority support but less than the supermajority required for cloture is precisely zero.But neither side harbored any doubts, based on the…
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Ignition Interlock Requirements for 1st DUI Offenses in Colorado and Penalties for Driving Without Interlock.
What are the requirements? Well that depends. Adult drivers age 21 and up who have been stopped for a DUI or DWAI offense in Colorado and have either submitted a chemical test of their blood or breath at .08 or higher, or, have refused a chemical test are subject to revocation of their driver’s license. Out of state residents who are stopped in Colorado are subject to the same revocation process and term as Colorado residents. The revocation for a 1st offense per se revocation, blood or breath .08 or greater but less than .15, is 9 months. Colorado residents are eligible to reinstate early after 30 days of no driving with ignition interlock on their vehicle for 8 months. Early removal of the interlock device is possible after 4 months of 100% compliance. The specific language of the statute requires that the monthly monitoring reports reflect that the ignition interlock device did not prevent or interrupt the “normal…
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Kolber on Smoothing Vague Laws
Adam J. Kolber (Brooklyn Law School) has posted Smoothing Vague Laws (Vagueness and Law: Philosophical and Legal Perspectives (Geert Keil & Ralf Poscher eds., 2016) (Oxford University Press)) on SSRN. Here is the abstract: Laws often draw sharp distinctions along...
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New Book on Avery Case
Hey, Making a Murderer fans, Marquette alumnus (and prolific author) Michael Cicchini has a provocative new book out on the Steven Avery case: Convicting Avery: The Bizarre Laws and Broken System behind Making a Murderer. I look forward to reading it. I expect more of Cicchini’s customarily trenchant criticism of the criminal justice system.
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Nonconsensual Consent Decree
Scott Calvert and Aruna Viswanatha report for the WSJ:BALTIMORE--A federal judge on Friday approved a legally binding overhaul of the Baltimore Police Department to address concerns about racially biased practices, despite repeated Justice Department requests to put the brakes on the Obama-era agreement.The decision by U.S. District Judge James Bredar means the 227-page consent decree--finalized between the city and Obama administration days before President Donald Trump took office in January--now carries the force of law and is to be implemented under the watch of an independent monitor.The misuse of consent decrees is a subject Congress should look into.
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