In United States v. Apple MacPro Computer, 851 F.3d 238 (3rd Circuit 2017), the Court of Appeals heard arguments in a case that concernedthe Government's ability to compel the decryption of digital devices when the Government seizes those devices pursuant to a valid search warrant. The District Court found Appellant John Doe in civil contempt for refusing to comply with an order issued pursuant to the All Writs Act, 28 U.S.C. § 1651, which required him to produce several seized devices in a fully unencrypted state. Doe contends that the court did not have subject matter jurisdiction to issue the order and that the order itself violates his Fifth Amendment privilege against self-incrimination.851 F.3d at 241. The opinion goes on to explain how, and why, the case arose:During an investigation into Doe's access to child pornography over the internet, the Delaware County Criminal Investigations Unit executed a valid search warrant at Doe's residence.…
The Encrypted Devices, the All Writs Act and the Fifth Amendment
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Man gets new mortgage fraud trial because of sleeping lawyer – ABC News
Mortgage Fraud Blog. A businessman will get a new trial on mortgage fraud charges because his defense attorney was seen sleeping by the judge, witnesses and the federal court jurors who convicted him last year. U.S. District Judge Donetta Ambrose ruled James Nassida was denied a fair trial because Stan Levenson dozed during the October trial. Levenson has […] The post Man gets new mortgage fraud trial because of sleeping lawyer – ABC News appeared first on Mortgage Fraud Blog.
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Florida Man Gets DUI Charge After Crash Near Air Force One
A Florida man is facing DUI charges after crashing into a fence at Palm Beach International Airport with Air Force One parked nearby. Reports indicate that the early Sunday crash had the Secret Service investigating any potential threat to the Boeing 747 used by President Donald Trump. The president was at his Mar-a-Lago resort last weekend. No threat was identified. The 24-year-old man, who investigators said fled the crash and reported a fake carjacking to authorities, was charged with DUI, filing a false crime report and leaving the scene of a crash. Palm Beach County sheriff’s records show he was released on his own supervision. A conviction for DUI carries stiff penalties, even for first-time offenders. While you may think that you have no choice but to plead guilty to DUI charges, that is simply not true. An experienced DUI defense attorney may be able to get your charges reduced or have your case dismissed entirely. It is absolutely vital to hire a DUI defense…
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Seet on China's Suspended Death Sentence
Matthew Seet (National University of Singapore (NUS) - Faculty of Law) has posted China's Suspended Death Sentence with a Two-Year Reprieve: Humanitarian Reprieve or Cruel, Inhuman and Degrading Punishment? on SSRN. Here is the abstract: In China, a two-year reprieve...
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News Scan
From Rehab to Rape: A man who pled guilty for beating a woman last September was arrested last week for a brutal rape. Julia Comnes of the Woodburn Independent reports that Ramiro Garcia-Solano was arrested last week for the kidnap, rape, sodomy, and injury of a woman in Marion County, Oregon. Garcia-Solano was convicted of domestic violence for beating another woman last fall and was sentenced to a batterer intervention program. He failed to complete the program with apparent impunity. Oregon, like California, does not treat domestic violence as a serious crime, and generally sentences offenders to a quick jail visit, probation and a program.
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PBS Frontline covers the impact of Miller via "Second Chance Kids"
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What is a Class A Felony in New York City?
Like many states, New York divides its crimes into two types: felonies and misdemeanors. New York goes further and divides each of these into three levels of felonies and misdemeanors, with each getting different general punishments and treatment in the criminal justice system. Class A felonies are the worst class of crime and carry the highest penalties in New York State. If you have been charged with a Class A felony in New York, it is important to talk to an experienced criminal defense attorney who can help you challenge evidence, get charges dropped or reduced, or beat the case at trial. The Queens criminal defense attorneys at Sullivan and Galleshaw help clients throughout New York City and may be able to help you, too. New York Class A Felony Examples Class A is the highest degree of criminal offense in New York. Every class of crime is labeled either “felony” or “misdemeanor,” and has a “class”…
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Newhouse on Wrongdoing
M.E. Newhouse (University of Surrey School of Law) has posted Two Types of Legal Wrongdoing (Legal Theory, Vol. 22, 2017) on SSRN. Here is the abstract: This article proposes a two-standard interpretation of Immanuel Kant’s Universal Principle of Right that...
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OH3: SW was clearly conclusory, but still saved by GFE
The affidavit to support the search warrant was clearly conclusory, but the court can’t say that the officers didn’t objectively rely on the search warrants for purposes of the good faith exception. It wasn’t in “bad faith,” so it must … Continue reading →
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Retail Fraud, College Students, and Careers
It is not uncommon for a college student to have a retail fraud arrest (which is also known as a shoplifting arrest). The reasons for it may include the thrill, greed, or necessity. The common element to this type of offense is that if the student committed a retail fraud he or she did not look beyond the moment. When you are young you may feel invincible, or might not look at the long term consequences. All of this behavior is rather silly when the long term consequences are considered in light of the years of time and tens of thousands of dollars spent on a higher education. The bottom line is that employers do not want to hire people with theft convictions. Why? There is a fear that the employee will steal from them or from customers. Persons that do not respect boundaries when it comes to a merchant’s products may not respect boundaries when it comes to the workplace and company assets. Also, there are plenty of other…
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E.D.Ky.: An “unreasonable” overseizure as to quantity and not place might be suppressible; hard case to understand
Overseizure under a valid warrant is hard to prove. This case makes it seem like at least an “unreasonable” overseizure, whatever that is, might still be a general search, but it doesn’t directly say so. This case is not good … Continue reading →
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Mayali & Yoo on Comparative Counter-Terrorism
Laurent Mayali and John Yoo (University of California, Berkeley - School of Law and University of California at Berkeley School of Law) have posted A Comparative Examination of Counter-Terrorism Law and Policy (Journal of Korean Law, Vol. 16, p. 91-144,...
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Merger and Felony Murder: A 2017 Update
Last week I blogged about the basic rules for felony murder prosecutions in North Carolina. I promised to return this week with an update on the felony murder rule and the merger doctrine. This post, like Jeff’s 2009 article, focuses on the merger rule that bars charges of felony murder that are based upon killings resulting from certain types of felony assaults. It does not address the merger rule that requires the court to arrest judgment on the underlying felony when a defendant is convicted of first-degree murder solely on the basis of felony murder. What is the merger rule? The merger doctrine holds that felony murder may not be predicated upon a felony that “is an integral part of the homicide” and is “an offense included [i]n fact within the offense charged.” People v. Ireland, 70 Cal.2d 522, 539 (1969) (applying this principle where the felonious assault and the homicide were committed against the same victim; holding that defendant could…
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Court has jurisdiction to review substantive reasonableness of Section 3582 denial
United States v. Jose Angel Rodriguez, No. 16-3232, 2017 WL 1526279 (3d Cir. Apr. 28, 2017), as amended (May 1, 2017). Rodriguez appealed denial of a motion sentence reduction under 18 U.S.C. § 3582(c)(2). In response, the government challenged the Court’s jurisdiction to consider whether a 3582(c)(2) motion was substantively unreasonable. The Court concluded that it has jurisdiction under 28 U.S.C. § 1291. Although Rodriguez was eligible for a reduced sentence, the district court denied his motion for sentence reduction under § 3582(c)(2), based on his “unyielding and escalating pattern of drug-related and violent behavior.” Rodriguez appealed, arguing that his unmodified sentence was substantively unreasonable. The government countered that the Circuit lacked jurisdiction over his claim that of substantive…
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Radio spots promote marijuana reform
Check out Dallas Morning News coverage of radio spots being run by Just Liberty on conservative talk radio around the state to support civil penalties for low-level marijuana possession. The spots are based on this original tune, written by your correspondent and illustrated by the wonderful and talented Sukyi McMahon, supporting HB 81 (Moody):
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I plead guilty to a case and the prosecutor agreed to dismiss another charge, can I have the dismissed case expunged?
Many defendants face multiple cases out of a single arrest. For example, we see a lot of DWI cases where the defendant will also have marijuana possession or UCW (carrying a gun while DWI). Or a felony drug cases that also has a misdemeanor drug case out of the same arrest (e.g. meth and Xanax). It’s not unusual for the prosecutor to offer a plea bargain in which one case is dismissed and the defendant pleads guilty to another case. In the examples above we could expect an offer where the defendant pleads to the felony meth case, and a misdemeanor Xanax case is dismissed. That stuff happens all the time. Most people expect that a dismissed case can be expunged. It makes sense right? You weren’t convicted, so it should be eligible to come off your record. But this is Texas so we are always looking for unique ways to screw defendants. A recent Dallas Court of Appeals case, Texas Department of Public Safety v. J.A.M, held that a defendant can not expunge a case if they…
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Witmer-Rich on Heat of Passion
Jonathan Witmer-Rich (Cleveland State University - Cleveland-Marshall College of Law) has posted The Heat of Passion and Blameworthy Reasons to Be Angry (American Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: This article identifies a hidden normative component...
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Top Ten Favorite Films: #7 Terms of Endearment
The final scene when Jack Nicholson puts his arms around the young man, well that's speaks to me.The mother-daughter relationship reminds me of so much.The complications of adult romances.The real hurt of real loss.It deserved all those awards and probably more.#7
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ABA Criminal Justice Section Second Global White Collar Crime Institute
In 2015, I launched the Inaugural ABA Criminal Justice Section Global White Collar Crime Institute in Shanghai, China. It was an incredible success and brought together practitioners, government officials, judges, consultants, and academics to discuss some of the most important...
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Brennan-Marquez & Henderson on Fourth Amendment Anxiety
Kiel Robert Brennan-Marquez and Stephen E. Henderson (New York University School of Law and University of Oklahoma College of Law) have posted Fourth Amendment Anxiety (American Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: In Birchfield v. North...
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