Uncharged crimes, federal dimes. United States v. Donald "Ski" Johnson, 2017 WL 1416490 (9thCir. April 21, 2017), opinion available here. Players:Decision by Judge Callahan, joined by Judge Paez and D.J. England. Hard-fought appeal by Michael Donahoe, Sr. Litigator, Federal Defenders of Montana.Facts: Johnson used an alias to promote a (fraudulent) black-tie charity event in Seattle. Id. at *1. He pocketed about $9,300. Id. Using a different alias, Johnson pulled off another charity-fraud scheme in Florida. Id. Then, using the Florida alias, he tried again in Montana and was caught. Id. Johnson was indicted in Montana with one count of § 1343 – wire fraud. Id. Although the indictment alleged the scheme occurred in Montana “and elsewhere,” it referenced only a single wire, associated with the Montana attempt. Id. at *2. Johnson successfully moved in limine to limit the government’s proof to only the Montana…
Case o' The Week: Not Charged, But Still You Pay - Donald Johnson and MVRA restitution
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Jail Alternatives in LA's Criminal Justice System
Welcome to Los Angeles County. Home of the largest municipal jail facility in the world; Home of one of the most overcrowded jails in the country; Home of some of the most disgusting jail conditions in the country. Even inmates in Los Angeles County Jail are almost always released far early than the terms of the sentence require, many people simply do not want to spend a night amidst the filth and violence within the jail system. For years I have said that I would gladly pick up garbage on the side of the freeway (Cal-Trans) for a month before I spent a day in County Jail. That sentiment still holds true today. How then do we avoid time in jail? There are actually many ways to avoid jail here in Los Angeles. First, we can try to avoid a conviction all together. If that doesn’t work and we are not otherwise eligible for some program like drug diversion or Veteran’s Court, we look to what has long been referred to as “alternative…
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Compliment from a Client
Lawyers usually hear from people when they are in trouble, so it is always nice to get a note from a satisfied client. (Plus they sent cookies) The post Compliment from a Client appeared first on .
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Europäischer Datenschutzbeauftragter (EDSB/EDPS) veröffentlicht Stellungnahme (Opinion 6/2017) zum Entwurf der ePrivacy-Verordnung
Am 24. April 2017 veröffentlichte der Europäische Datenschutzbeauftragte (EDSB/EDPS) seine Stellungnahme ("Opinion 6/2017 - EDPS Opinion on the Proposal for a Regulation on Privacy and Electronic Communications (ePrivacy Regulation)") zum Entwurf der ePrivacy-Verordnung der EU-Kommission; die neue Verordnung soll die bisher geltende „Cookie-Richtlinie“ (Richtlinie 2009/136/EG) ersetzen. In seiner Stellungnahme begrüsst der EDPS grundsätzlich den Entwurf der EU-Kommission zur ePrivacy-Verordnung. Er teilt die Auffassung, wonach spezifische, technologieneutrale Regeln zum Schutz der Vertraulichkeit sowie Sicherheit bei elektronischer Kommunikation notwendig seien; die EU-DSGVO sei in dieser Hinsicht zu ergänzen bzw. zu konkretisieren. Der EDPS erachtet insbesondere die folgenden Aspekte der ePrivacy-Verordnung als positiv: (i) the choice of a regulation over a directive as the form of legal instrument, which may ensure a more…
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Second-Degree Murder and the Juror Who Tweeted
This post examines an opinion from the California Court ofAppeal – First District, Division 5: People v. Tanubagijo, 2017 WL 526485 (2917). The court begins the opinion by explaining that ajury convicted Reginald Tanubagijo of second degree murder [California] (Pen. Code, § 187, subd. (a)) and assault on a child causing death (§ 237ab). Tanubagijo moved for a new trial, arguing a juror committed misconduct by tweeting during trial. The trial court denied the new trial motion and sentenced Tanubagijo to state prison.Tanubagijo appeals. He contends the court: (1) provided an incorrect response to the jury's question regarding a lesser included offense; and (2) failed to conduct a sufficient inquiry into the juror misconduct.People v. Tanubagijo, supra.The Court of Appeal then outlined how, and why, the prosecution arose:C.B. was born in September 2010. Tanubagijo and his wife, Tammy, were C.B.'s foster parents.2 Before becoming a foster…
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Pay Chicago & Cook County Traffic Tickets Online
This post is for informational purposes only. We are a law firm and CANNOT pay your Cook County traffic ticket. The Clerk of the Circuit Court of Cook County provides the following website that will allows you to pay certain traffic tickets for a conviction, request traffic school (if you are eligible) or request a court date: https://services.cookcountyclerkofcourt.org/TrafficTickets/ This website currently does NOT allow you to pay fines that were assessed in court. It can only be used prior to your court appearance within the timeframe allowed, which is usually listed in the instructions on the back of your ticket (typically 14-21 days from date of issuance). You cannot use the system for tickets that are marked “Must Appear”. Continue Reading The post Pay Chicago & Cook County Traffic Tickets Online appeared first on Chicago DUI Lawyer Blog.
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Ohio Gov Kasich officially pushed back nine executions as lethal injection litigation comes before en banc Sixth Circuit
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The Veep as Chief Clemency Advisor?
Paul Larkin has this essay in the Harvard Journal of Law and Public Policy, which is affiliated with the Federalist Society. He believes that having the Office of the Pardon Attorney in the Department of Justice creates a conflict of interest. But where else to put it?Paul suggests that the Vice President should be in charge of pardons. He would, of course, need a staff or a board to advise him, but the Veep would make the short walk to the Oval Office with his recommendations on who among the many applicants would actually get clemency.I worked with Paul many years ago and have always respected his work. His idea is worth considering.
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Charged with a Crime? Stay Off Social Media
Police and prosecutors look for any evidence they can find If you have a Facebook page or Twitter account (or both), you’re not alone. The number of social media users has exploded over the past decade. Recent statistics reveal that 78 percent of people in the United States have one or more social media accounts. Facebook had 1 billion users as of 2016, and Twitter had 320 million the same year. People use social media to broadcast all sorts of details about their lives — from children’s photos to what they cooked for dinner. If you’ve been charged with a crime, however, using social media can be damaging for your criminal defense case. Police Use Social Media Too It seems like just about everyone is online, including the police. One survey reveals that four in five police departments now use social media as a tool in criminal investigations. In 2012, CNN reported that a growing number of police departments are turning to Facebook to catch criminals.…
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It's Medication Time (Again)
Every time Trump does a TV interview it's like an infomercial for the 25th Amendment. -- Andy BorowitzHe is a pathological liar. The Washington Post has documented 488 lies in the first 100 days. That's about five a day; the only days he didn't publicly lie was when he was golfing and not making public statements (although no one has checked his scorecards). Carl Bernstein, of Watergate fame, stated that Trump "has lied as no president of the United States in my lifetime has, day in and day out."He has no respect for or understanding of the Constitution. Trump tweeted not for the first time: "the failing New York Times has gotten me wrong for two solid years. Change libel laws?" When it was pointed out to his chief of staff, who whined about how the press is not sufficiently respectful of his boss, that this would require a constitutional amendment, he responded: …
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Kansas Supreme Court Holds Officer Lacked Reasonable Suspicion to Stop DUI Defendant Based on “Power Braking”
A driver was convicted of unlawful exhibition of speed and misdemeanor DUI. The Kansas intermediate court reversed his convictions. The panel reasoned that the unlawful exhibition of speed statute (Kansas Annotated Statute section 8-1565) was unconstitutionally vague, and the arresting officer did not have a reasonable suspicion to stop the driver. The Kansas Supreme Court affirmed the court of appeals’ decision holding that the officer did not have a reasonable suspicion but vacated its holding that the statute was unconstitutionally vague because the lack of reasonable suspicion provided an alternative ground for relief. In affirming, the Kansas Supreme Court first recounted the facts as presented to the trial court. In January 2013, the officer was stopped at a light when he noticed an SUV ahead of him. The SUV’s engine was revving, and the officer observed billowing smoke emerging from the car. He smelled burning rubber and noticed a…
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Florida Appeals Court Holds Warrant Required to Search Car’s “Black Box”
Last month, a Florida appellate court held that police need to obtain a warrant before downloading information recorded in a car’s “black box.” Specifically, the Fourth District Court of Appeal in West Palm Beach concluded that there is a reasonable expectation of privacy in the information stored in the black box, and downloading that information without a warrant absent exigent circumstances violates the Fourth Amendment. In the fall of 2013, the defendant was involved in a high speed accident that resulted in the death of his passenger. Afterwards, his vehicle was impounded. Roughly a week after the crash, law enforcement downloaded the information stored on the car’s black box without first obtaining a warrant. A car’s black box records information regarding numerous issues, such as speed, steering, and braking. The driver was subsequently charged with vehicular homicide and DUI manslaughter. He moved to suppress the downloaded data,…
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New York Gun Laws – High Capacity Magazines – Serious or Not?
As New York Gun Lawyers we are aware that New York has a ban on possessing firearms magazines that are capable of containing more than 10 rounds. However, not everyone is as aware of the gun laws as they should be and this week two different cases in two opposite ends of New York State demonstrated how serious these cases are and how the right representation can make all of this difference in the world. As was widely reported in the paper last week (see another article here) a former Army veteran who spent more than 9 years in the army was convicted of three felonies in Niagra County in far western New York, after he was found to be in possession of three magazines for a Glock 9mm handgun. Each of the magazines was capable of holding more than 10 rounds of ammunition. The Army veteran did not possess any firearm, only the magazines. He is awaiting sentencing in two months according to the reports and faces up to 21 years in prison. Meanwhile, in far Northern New York,…
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Justice Gorsuch refusing to jump into the cert pool
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Budget Deal: Border Security But Not New Wall
Siobhan Hughes reports for the WSJ on the deal to fund the government through September 30:The deal also includes $1.5 billion for border security, with the money to be spent on technology and on repairing existing infrastructure, the aide said.* * *But the package says explicitly that the money can't be used to pay for the construction of the new border wall that Mr. Trump has made a signature project, a blow to the White House. Fine with me. Border security is the true need, and in many places on the border the best bang for the buck may not be a physical wall. Rome wasn't built in a day, and border security won't be either, so doing the non-wall parts first is fine.And maybe come September 30 we could have an actual, annual federal budget instead of continuing resolutions with periodic shutdown threats. Wouldn't that be nice? How would we get that…
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Asamblea Constituyente - Venezuela-¿Inconstitucional?
Como Capriles invoca a países como el nuestro su ayuda ante un acto inconstitucional del Presidente Maduro al convocar la Asamblea Constituyente, he recurrido a la Carta Política de esa Nación que conservo en mi pc desde la salida del CIADI que en honor a la verdad no sé si se cristalizó. No he comentado ni alterado en una coma el texto de los artículos que comparto y PIDO a Capriles que demuestre porqué es inconstitucional la convocatoria a una Asamblea Constituyente; No he reproducido todos los principios fundamentales de la Carta Magna de los que tienen mucho que aprender los países que con su apoyo alientan un golpe de Estado y son co-responsables de la muerte que se han producido en la República bolivariana. He aquí el texto de los artículos que, a mi juicio garantizan constitucionalmente la convocatoria a una Asamblea Constituyente formulada por su Presidente. Artículo 5. °…
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Sekhon on Mass Suppression, Aggregation, and the Fourth Amendment
Nirej Sekhon (Georgia State University College of Law) has posted Mass Suppression: Aggregation and the Fourth Amendment (Georgia Law Review, Vol. 51, No. 2, pp. 429-484, 2017) on SSRN. Here is the abstract: The Fourth Amendment's exclusionary rule requires that...
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Dennis on Criminal Law as Family Law
Andrea Dennis (University of Georgia Law School) has posted Criminal Law as Family Law (Georgia State University Law Review, Vol. 33, 2017) on SSRN. Here is the abstract: The criminal justice system has expanded dramatically over the last several decades,...
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Mass. Man Charged with Sexually Abusing 3-year-old
A Massachusetts man has been arrested and charged with sexually abusing a 3-year-old New York girl after sending photos of the abuse to an undercover investigator with the Faulkner County Sheriff’s Office in Arkansas. According to reports, 30-year-old Michael McCann of Haverhill, Mass. came into contact with an undercover investigator with the Faulkner County Sheriff’s Office. During discussions, which started in January 2017, McCann said he would be “interested” in traveling to Arkansas to engage in sexual contact with an underage child. Then in April, McCann claimed he recently sexually abused a 3-year-old that he described as a family member. He provided what he called “good pics” of the sexual contact and said he had more photos of the encounter. McCann then sent a phot of himself with the girl and was babysitting her for the weekend. Continue reading
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Ex-fire chief accused of abuse
The Associated Press reports that a former Kingston fire chief who abruptly retired in February shortly after receiving a new contract now faces a sexual assault charge. Robert Heath has been charged with indecent assault and battery on a person 14 or older. Police say the 59-year-old Heath put his hands down a 23-year-old man’s pants last month and tried to kiss him. Continue reading
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