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US v. Gasca-Ruiz, No. 14-50342 (4-5-17)(en banc authored by Watford; Hurwitz and Fletcher concurring). This is an en banc decision to resolve an intra-circuit conflict over the standard of review that applies to appellate review of a sentencing court's application of the federal guidelines to the facts of a given case. "We conclude that as a general rule such decisions should be reviewed for abuse of discretion."The 9th recognizes that the review of a legal standard is de novo. Factual findings are reviewed for clear error.  Applying the guidelines to the facts is the subject of the split.  The 9th stresses that identifying the standard is one thing (de novo) and applying the standard to the facts another (abuse of discretion). This application is abuse of discretion because it is a set of found facts, not clearly erroneous, that are applied to a correct standard. Such application is done with the experience of the court and should be of limited…

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Nasby v. McDaniel, No. 14-17313 (4-10-17)(Reinhardt w/Owens & Mendoza). "In his petition, Nasby asserts serious constitutional violations based on prosecutorial misconduct, the use of coerced testimony, ineffective assistance of trial and appellate counsel, and errors in the jury instructions. The district court rejected Nasby's claims and dismissed his petition.  Because it did so without obtaining or reviewing the record of the relevant proceedings in state court, we vacate and remand for its review of the pertinent state court record." The 9th looks to Jones v. Wood, 114 F.3d 1002 (9th Cir. 1997), where the 9th held that the court must obtain and review the relevant portions of the record or conduct an evidentiary hearing on its own.  This independent assessment is required for a meaningful review.  Five other Circuits reached similar conclusions.  The 9th rejects the State's contention that AEDPA bars such review.  As the 9th…

The Legalization of Marijuana and the Impact on Impaired Driving

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The legalization of marijuana and its impact of impaired driving laws in Canada The legalization of marijuana brings with it many controversies including how it will affect those charged with impaired driving in Canada. Lead counsel Sean Robichaud was interviewed by Law Times for a segment entitled "Will legal pot lead to an increase [...]

Looking back at the history of marijuana law and policy and perceptions

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A student in my Marijuana Law, Policy & Reform seminar this week is helping the class look back on the law, policies and perceptions surrounding marijuana many decades ago. Here are the links this student has assembled in preparation for his presentation this coming week: Text of the Marijuana Tax...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/XUaiCvMD4Mg" height="1" width="1" alt=""/>

Amnesty International releases report on global death sentences and executions in 2016

Hanna on Drunk Driving and Autonomous Vehicles

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Katherine Hanna has posted Old Laws New Tricks: Drunk Driving and Autonomous Vehicles (Jurimetrics, Vol. 55, 2015) on SSRN. Here is the abstract: Drunk driving, or driving under the influence (DUI), is a major public health problem in the United...

Minnesota Motor Vehicle Forfeiture Laws Set To Change

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Most people understandably believe that if a person commits a crime, he or she (and he or she alone) should be made to suffer the penalties associated with the crime. After all, if your cousin was convicted of shoplifting, it wouldn’t seem fair that you’re the one stuck paying for the stolen goods. Though it […] The post Minnesota Motor Vehicle Forfeiture Laws Set To Change appeared first on Minneapolis DWI Lawyer Douglas T. Kans.

Domestic Violence E-Book Part One

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Accused Of Domestic Battery Or Domestic Violence In Florida? Useful Info That May Be Helpful For You Blake & Dorsten, P.A. Continue reading The post Domestic Violence E-Book Part One appeared first on Tampa Bay Criminal Defense Lawyer Blog.

El asesinato de José Yactayo 4, ¿Pudo Zamora ser el criminal?

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He mantenido la tésis que Zamora desmembró al periodista Yactayo en la mañana del día siguiente asumiendo como cierta su declaración de que ambos estaban borrachos y drogados. Pensemos que Zamora ha mentido y que estaba sano y bueno, estado que el examen respectivo (toxicológico consumo de drogas y alcohol) lo determina sin duda. En Derecho Penal se castiga "el dolo", es decir la intención de cometer un ilícito de manera que los actos del sujeto activo del hecho punible debe ser "típico", "antijurídico" y "culpable"; La tipicidad significa que los actos del delincuente están contenidos en la ley, por ejemplo el homicidio (léase el artículo correspondiente para clarificar cualquier duda), "antijurídico" que se realice contra un bien protegido, en nuestro caso la vida, "matar un muerto es un imposible" (respecto de…

Status of North Carolina Court of Appeals Cases Before the North Carolina Supreme Court on the Scope of a Traffic Stop under Rodriguez v. United States

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In Rodriguez v. United States, 135 S. Ct. 1609 (2015), the United States Supreme Court significantly limited the scope of a traffic stop. It is almost exactly two years since the ruling, and appellate court opinions throughout the country are still proliferating. And so have our faculty’s blog posts: Jeff Welty has written relevant posts here, here, here, here, and here, Alyson Grine here and here, Shea Denning here, Phil Dixon here, and my posts are here, here, and here. This post summarizes Rodriguez and three North Carolina Court of Appeals rulings that are currently before the North Carolina Supreme Court. Rodriguez v. United States. The officer in Rodriguez completed a traffic stop for driving on the shoulder of a highway after checking the vehicle registration and driver’s licenses of the driver and passenger, conducting a warrant check, returning all documents, and by issuing the driver a warning ticket. The officer then asked the driver for consent to walk…

Injury Crash I90 mp11 WB

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 04/11/2017 05:18 AM PST Please direct questions to the District Office On April 11th, 2017 at approximately 5:19 AM two injury crashes occurred on Interstate 90 near milepost 11 in the westbound lanes. In the first crash, Toni L. Brown, 52, of Athol, ID lost control of her 2006 Toyota 4Runner on the ice, struck the guard rail, and came to rest in the passing lane. The second crash occurred when Katherine A. Retano, 26, of Coeur d'Alene, ID driving her 2002 Honda CRV, came upon Brown's Toyota in the fog and was unable to stop and struck it. Both drivers' were transported to Kootenai Health in Coeur d'Alene. The west bound passing lane was…

Levin on Criminal Employment Law

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Benjamin Levin has posted Criminal Employment Law (Cardozo Law Review, Forthcoming) on SSRN. Here is the abstract: This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and...

News Scan

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Group Claims 2,000 Executions in China:  The human rights group Dui Hua estimates that there were 2,000 executions in China last year...more than all other countries combined.  Matthew Brown of the Associated Press reports that the actual number of executions in China is a state secret but that contacts in the country helped the group come up with an estimate.  The story cites human rights activists who claim that this latest number is sharply down from 6,500 a decade ago.  Like the international incarceration rates estimated by human rights organizations every year, the execution numbers could be totally wrong.  Nobody outside of North Korea, China, Iran and a number of other closed societies has a clue how many people are killed or locked up there.   

In Forfeiture Cases in Florida, the Rules of Civil Procedure Apply but Criminal Motions Are Also Permitted

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When the police are investigating a crime in Florida and seize property that they believe is proceeds of criminal activity or used to facilitate criminal activity, a forfeiture case might result.  A forfeiture case is a separate case where the state attempts to assume ownership of property that they seize as part of a criminal investigation.  Civil forfeiture cases receive a lot of criticism in Florida and other states, and for good reason.  The forfeiture laws allow the police to take people’s property and hold onto it indefinitely.  There is a low threshold for the state be able to keep the property and, as a practical matter, it is often the job of the claimant to prove the property was legitimate in order to get the property back.  This process can take months or years to resolve.  In many forfeiture cases, it seems more accurate to say the person trying to reclaim his/her property is guilty until he/she can prove innocence, at least in…

Arizona Man Arrested on Suspicion of Newport Beach Vandalism and Burglary

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Overnight between March 27 and March 28, several homeowners in the Dover Shores area of Newport Beach reported that someone had attempted to vandalize and burglarize their homes. Newport Beach spokeswoman Jennifer Manzella said, “In each of these cases, an unknown suspect had used brute force, possibly a kick, to force open the front door to the residence.” Although nothing was taken in those incidents, witnesses had reported to the police that they had seen a white man with a muscular build, along with an SUV near the scene of two of the crimes around the same time. The next night, between the hours of 7 and 10 p.m. another home in the Newport Beach area was burglarized. “The door was forced open in the same manner as the other homes,” Manzella said. The resident was not home at the time of the crime. According to Manzella, watches and several items of jewelry were stolen. Continue reading →

AG Sesssions issues memo to federal prosecutors that "mandates the prioritization of criminal immigration enforcement"

Looking at the latest data on private prison populations in the US

NYTimes: Border Officers Nearly Double Searches of Electronic Devices, US Says

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NYTimes: Border Officers Nearly Double Searches of Electronic Devices, US Says by Ron Nixon: WASHINGTON — Customs officers at the border and at airports almost doubled their searches of electronic devices of people entering the United States in the last … Continue reading →

E.D.N.C.: Def’s probation search was done at a reasonable time and in a reasonable manner, as required by state statute

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Defendant’s North Carolina probation search was conducted at a reasonable time and in a reasonable manner, as required by statute, and it was for probation purposes. It was not quite a nighttime search. United States v. Lynch, 2017 U.S. Dist. … Continue reading →

Berry & Ryan on Cruel and Unusual Punishments

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William W. Berry III and Meghan J. Ryan (University of Mississippi School of Law and Southern Methodist University - Dedman School of Law) have posted Cruel Techniques, Unusual Secrets (Ohio State Law Journal, Vol. 78, 2017) on SSRN. Here is...
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