Feeling non-Confrontational? Admirable in personal relationships. Less so, in criminal trials. United States v. Fryberg, 2017 WL 1416516 (9thCir. April 21, 2017), decision available here.Players:Decision by Judge Graber, joined by Judges Ikuta and Hurwitz. Facts: Ms. Gobin sought a domestic violence restraining order against Fryberg. Id. at *1. A Tribal Police Officer (and brother-in-law of Gobin) filed a completed service of return of notice of a hearing on the restraining order. Id. Fryberg didn’t show at the hearing, and a restraining order was entered against him. Id. Fryberg got guns while subject to that restraining order. He was charged with 18 USC § 922(g)(8), possessing firearms while under a D.V. protection order. Id. at *2. An essential sub-element of this federal charge was that Fryberg had actually been served with notice of the hearing that produced the protective order. Id.Before the case went to trial, the Tribal…
Case o' The Week: Sixth Amendment Decision Sticks in Defense Craw-ford: Fryberg and the Right to Confrontation
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Crash Near Horseshoe Bend Sends Two to Hospital
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For immediate release on April 23, 2017 at 5:15 p.m. On April 23, 2017 at approximately 1:30 p.m., Idaho State Police investigated a single-vehicle rollover crash north of Horseshoe Bend. Sondra J. Worden, 74, of Meridian, ID was driving northbound on State Highway 55 near milepost 70, in a 2013 Honda CRV. Worden drove off the right shoulder, rolling the vehicle down an embankment, where it came to rest on its roof. Worden and her passenger, Patricia A. Craven, 76, of Lathrop, MO were both wearing seatbelts. They were transported by ground ambulance to St. Alphonsus Medical Group Eagle Health Plaza in Eagle, ID. 2850 / 3683 -------------
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 1,708 Why Prison?: An Economic Critique Peter N. Salib United States Court of Appeals for the Seventh Circuit Date posted to database: 7 Mar 2017 2 778 Law, Virtual...
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Six months after voting to speed executions, is California really getting any closer to carrying out death sentences?
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Texas Student Commits Suicide After School Disciplinary Allegation Leads to Kangaroo Court
Two weeks ago in the national news we learned that a student at the University of Texas at Arlington (“UTA”), Thomas Klocke, committed suicide after the school ignored its own school disciplinary policies and punished him in violation of his Title IX rights for allegedly harassing a gay student in class. A conspiracy between the unnamed complaining student at the school, UTA’s Associate Vice President of Student Affairs and the school’s associate director of academic integrity to go behind the back of the school’s Title IX coordinator in order to punish Klocke left him hopeless enough that he took his life last year. Without his Title IX rights, the Mr. Klocke was denied an investigation and hearing prior to charges being brought and was not permitted the opportunity to present witnesses in his defense – or even to go back to the class and speak to his classmates to determine if any of them witnessed the allegations against him,…
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Jorge Bruce y los "perdedores"
http://larepublica.pe/impresa/opinion/868631-todos-tenemos-una-ultima-tarde “Inevitablemente, como en todas las obras artísticas dignas de ese nombre, nos sentimos arrastrados al torbellino de los recuerdos. Esa caída en la que recordamos que todo lo que pretendíamos olvidar –“pasar la página” es la frase de moda– nunca se fue. Lucho Cáceres encarna con maestría la amargura y el rencor de los perdedores. Esos seres en conflicto con una sociedad atrozmente injusta, incapaces de encontrar una salida ajena a la violencia que los carcome. Carlos Monsiváis lo dijo con precisión: “Sendero Luminoso representa la degradación homicida de la voluntad revolucionaria.” COMENTARIO El párrafo que trascribo es uno del enlace que comparto, no he visto la película y seguramente no la veré, un artículo muy bien escrito, me llamó la atención del…
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Why Are More Women Getting DUIs?
Young men are the most common demographic for getting busted for drunk driving, but research by the FBI suggests that that group is getting better at making smart decisions when it comes to drinking and driving. According to the FBI report, the number of men who earned a DUI between 1998 and 2007 fell 7.5 percent and the number of young men who were busted for DUI fell 23.7 percent. The bad news is that the numbers are trending in the opposite direction for females. Although men still account for four times as many DUIs as women, the same FBI study revealed a 28.8 percent increase in DUI rates among women from 1998 to 2007. Young women also noticed a 13.8 percent increase in DUI arrests during that same period. The problem is not just isolated to America, either. In the United Kingdom, women made up 9 percent of DUI arrests in 1998, but they made up 17 percent in 2012. Similar results were seen in Canada over the same period. So why are more women driving drunk? Women and DUIs…
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What if Someone Dies Before or During Their Personal Injury Lawsuit?
The post What if Someone Dies Before or During Their Personal Injury Lawsuit? appeared first on Gregory & Waldo 702-830-7925. Several of our personal injury clients have expressed concern about what will become of their lawsuits if they fail to survive their injuries. It is only natural to feel this way, particularly when someone’s neglect or wrongful action has caused them serious physical harm. The biggest worry often involves their families. If their lawsuits should die with them, what will happen to the ones they leave behind? People may tell you that in this sort of instance, you are bound to be out of luck. If this is what you’re hearing, please don’t believe it. When one of our clients confides these fears to us, we have just one thing to tell them: Don’t worry. The truth is that many people who suffer traumatic injury through no fault of their own may remain alive for quite some time. They might even start a personal injury suit, only to…
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How the new administration can improve law enforcement
One undeniable legacy of the Obama administration has been the explosion of violent crime in many U.S. urban centers, a widespread increase in illegal drug trafficking and an accompanying record-setting number of fatal drug overdoses. While the causes or even the existence of these facts are disputed by liberal/progressive political and academic leaders and their followers, it is also undeniable that the only candidate for the presidency who consistently targeted the increases violence and drugs under the Obama administration was the candidate that won the election. While the deniers and hecklers continue their resistance, sometimes violently, the new president is working to address the pervasive crime, violence and drugs that most Americans outside of Hollywood, the beltway and academia are witnessing first hand. Manhattan Institute scholar Heather MacDonald has laid out a game plan for the administration in a recent article in the City Journal. …
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Robinson et al. on Criminal Law Recodification
Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak and Criminal Law Research Group (University of Pennsylvania Law School, University of Pennsylvania Law School - Student/Alumni/Adjunct, University of Pennsylvania Law School - Student/Alumni/Adjunct and University of Pennsylvania Law School) have posted Report...
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Kansas City International Airport Confrontation with Pilot, Passenger Results in Arrest
Surveillance footage linked here shows the tense moments leading up to an altercation last week between a pilot and a passenger at Kansas City International Airport in Missouri. The video shows two men entering the airport through an American Airlines gate on April 12. One man is wearing a pilot’s uniform and the other is wearing a blue shirt – he is a passenger. The passenger appears to follow the pilot through the airport, arguing with him. The passenger apparently told authorities the altercation began when the pilot, who was traveling as a passenger on the same flight, was “taking up too much room on the aircraft and being disrespectful,” according to an incident report filed by the Kansas City International Airport Police Department. The passenger allegedly followed the pilot “outside the secure area” in an attempt to take a cellphone photo of his badge, according to reports. The video shows the passenger’s cellphone being knocked…
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News Scan
Increased Immigrant Crime in Germany: The Interior Minister of Germany has announced that crimes committed by immigrants "increased disproportionately" last year. Reuters reports that the number of immigrants identified as criminal suspects increased by 52% in 2016, while the number of German suspects declined by 3.4%. The Minister told reporters that "those who commit serious offenses here forfeit their right to stay here." It was also reported that crimes motivated by Islamism increased by 13.7% in 2016. This included the December truck massacre of 12 Christmas shoppers by a Tunisian immigrant loyal to Islamic State. Two Arkansas Killers Face Execution Today: The executions of Arkansas murderers Jack Jones and Marcel Williams are likely to be carried out tonight barring a last-minute stay by a state court or the U.S. Supreme Court. Fox News reports that the Eighth Circuit Court of Appeals denied Jones'…
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Should Justice Breyer Recuse Himself in Capital Cases?
I've met Justice Stephen Breyer only two or three times. The first was 30 years ago at a meeting of interested parties (for want of a better term) concerning the about-to-become-effective federal Sentencing Guidelines. Breyer was then a First Circuit judge and a USSC Commissioner. I was pretty much of a nobody from DOJ, but had been in on the Guidelines' implementation.I found then-Judge Breyer to be extremely friendly, modest, and engaging. There was absolutely no hint of pulling rank; to the contrary, he was attentive and responsive throughout.As a Justice, he has had occasion to consider death penalty cases. It is now beyond sensible argument, in my view, that he's made up his mind that capital punishment is unconstitutional in all circumstances, see, e.g., this entry from SL&P. Whether he's right or wrong about that (I think he's clearly wrong), I believe the federal recusal statute, 28 USC 455, now requires that he…
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An empirical dive into federal "Health Care Fraud Sentencing"
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Hot Pursuit of a Suspect Within and Outside North Carolina
This post reviews what is commonly known as “hot pursuit” of a suspect to make an arrest outside an officer’s territorial jurisdiction. Note, however, that the actual term in G.S. 15A-402(d) is the “immediate and continuous flight” by a suspect from an officer’s territory. Also, although the statute is specifically confined to an officer’s arrest authority, court cases include other law enforcement actions such as investigative stops and searches. Hot pursuit within North Carolina. Local law enforcement officers are normally restricted to arresting suspects within the limits of the unit that employs them and within one mile outside those limits. G.S. 15A-402(c) and 160A-286. However, they may arrest outside that territory at any place within the State of North Carolina when the offender has committed a criminal offense within the officer’s territory, and the arrest is made while the suspect is in immediate and continuous flight…
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Are defendants entitled to state-paid partisan experts?
You know it will be a bad day when you are arguing for the defendant in the Supreme Court and the Chief Justice quotes Professor Wayne LaFave on point against your argument. LaFave is the author of three leading treatises on criminal law and is consistently pro-defendant on virtually all debatable questions. So when the CJ cited him in the argument in McWilliams v. Dunn this morning, advocate Stephen Bright could do little more than stammer out a response of the "even Homer nods" variety. See p. 13.The underlying question is whether a defendant with a mental claim is entitled to an appointed, state-paid expert who is a partisan member of the defense team or whether a court's appointment of a neutral expert to examine the defendant and report to both sides meets the requirement of the high court's 1985 precedent in Ake v. Oklahoma.* Further, because this case was decided on the merits by the state courts and is now on federal habeas…
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ars technica: FBI allays some critics with first use of new mass-hacking warrant
ars technica: FBI allays some critics with first use of new mass-hacking warrant by Aliya Sternstein: Judge authorized order allowing US to change data in thousands of infected devices. Mass hacking seems to be all the rage currently. A vigilante … Continue reading →
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Tanovich on Inductive Reasoning in Sexual Assault Cases
David M. Tanovich (University of Windsor - Faculty of Law) has posted Regulating Inductive Reasoning In Sexual Assault Cases (Berger, Ben; Cunliffe, Emma; and Stribopoulos, James, [TBD (On Justice Marc Rosenberg)] (Toronto: 2017, Carswell)) on SSRN. Here is the abstract:...
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PROPOSITION 57: HOW IT WORKS
PROPOSITION 57: THE PUBLIC SAFETY AND REHABILITATION ACT INTRODUCTION Many people have called us about Proposition 57, how it works, and who qualifies. As a result, we have decided to cover this topic to hopefully enlighten and inform you about the law and what we anticipate it will look like in action. Below is what we know at this point. Guidelines still have to be drafted by the CDC, so until that is done, there is no mechanism to apply for early parole via Proposition 57 as of yet. Once those guidelines are created and approved of by Governor Brown and the parole board in Sacramento, then will they start accepting applications for early parole via Proposition 57. In November 2016, Proposition 57 was passed by the people of California. The language relating to adult sentencing: Section 32 is added to Article I of the California Constitution to read: (a) The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid…
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The Arkansas Execution Set for Thursday
Arkansas has two executions set for tonight (I understand that the first has now taken place). It also has one set for Thursday. I read for the first time a short summary of the facts in that case, and the killer, Kenneth Williams. The New York Times reports them as follows:Mr. Williams killed a cheerleader at the University of Arkansas at Pine Bluff in December 1998 but escaped from a maximum-security prison after a jury sentenced him to life the next year. A few miles from the prison, he fatally shot Cecil Boren, a farmer who was working in the yard while his wife was at church, and stole his truck. Mr. Williams led the police into Missouri in a high-speed chase before he crashed into a car, killing the driver. In 2005, he confessed to killing a 36-year-old man the same day he shot the cheerleader.That would make four murders we know about, including two after he had been sentenced to life in maximum security.Williams by himself shows not merely the error…
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