IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 884-7360
Fax (208) 884-7264
For Immediate Release: 05/27/2013 4:00pm
Please direct questions to the District Office
On May 27, 2013 at 12:33pm, Idaho State Police investigated an injury crash northbound on SH16 at mile marker 2, north of Beacon Light.
Frank W. Perkins, 63 of Emmett, was traveling northbound on SH16 when he lost control of his 1955 Austin Healey. The vehicle overturned and Perkins was trapped underneath. He was transported to St. Alphonsus Regional Medical Center in Boise by ground ambulance. Perkins was wearing his seatbelt.
This crash is still under investigation by the Idaho State Police.
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Injury Crash on SH16 North of Becan Light
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Case o' The Week: The Ninth Gets Petty -- Stanfill El, Petty Offenses, and Jury Trials
All over the country, interns are beginning their summer of service at federal courts, Defender offices, and various federal agencies. An opportune time to revisit Federal Intern Rule #1: keep the fistfights off of federal jurisdiction, please. United States v. Stanfill El, 2013 WL 18000046 (9thCir. Apr. 30, 2013), decision available here.Players: Decision by Judge Clifton, joined by Judges Tashima and Bea. Hard-fought appeal by D. Or. AFPD Thomas J. Hester.Facts: Lawrence Stanfill El and Kyle Carmin were interns who worked next to each other at the Department of Veterans Affairs. Id. at *1. They fought, and Stanfill El punched Carmin several times. Id.Carmin was hospitalized. Id. Stanfill El was charged with federal assault under 18 U.S.C. § 113(a)(4). Id. This offense carries a six month maximum custodial term. Id. at *2. Stanfill El pleaded not guilty and demanded a jury trial: that demand was denied and he was tried before a judge. Id.at *1. Stanfill was found guilty, and the only “sentence” imposed was a restitution order for $3,468 .03 in medical bills. Id. Issue(s): “The Sixth Amendment to the United States Constitution provides the right to a jury trial in all criminal prosecutions. But there is a category of petty crimes or offenses which is not subject to the Sixth Amendment jury trial provision. To determine whether an offense is petty, courts look to the maximum penalty that could result from a conviction. Courts presume that an offense is petty when it carries a maximum term of imprisonment of six months or less . . . Stanfill El argues that the potential for an order of restitution in a substantial amount is enough to overcome that presumption.” Id. at *2 (internal quotations and citations omitted).Held: “We have already rejected that argument. In Ballek, we held that an order requiring the defendant to pay monetary restitution did not qualify as additional punishment that would trigger the right to a jury trial under the Sixth Amendment, no matter how large the sum involved . . . . Stanfill El contends that Ballek is distinguishable because it involved a child support debt that had been previously adjudicated by a state court. Stanfill El's legal duty to pay restitution, he argues, hinged entirely on the fact-finder's determination of his guilt rather than a state-court adjudication. But the result we reached in Ballekdid not depend upon the previous state-court judgment . . . . Accordingly, Stanfill El cannot rely on it to distinguish his case. Ballek controls, and the district court was correct when it relied on our holding in that case to reject Stanfill El’s Sixth Amendment argument.” Id. at *2 (internal quotations and citations omitted). Of Note: AFPD Hester raises an interesting argument in Stanfill El. If the victim Carmin had just for a common law assault, Stanfill El would have been entitled to a jury trial under the Seventh Amendment. Id.at *3. Why doesn’t the Sixth Amendment provide for a jury trial when the same amount of money (in the form of restitution) is at stake? Judge Clifton undertakes some Founding Fathers analysis to explain why the Seventh doesn’t help here. Id. at *4 “Criminal restitution is not some newfangled effort to get around the Seventh Amendment,” id. (quotation and citation omitted) )(though it probably feels that way to Stanfill El). How to Use: Federal Defender offices who handle petty offense dockets are familiar with the delicate “jury trial” dance fought in Stanfill El. On the one hand, it iss the rare case where the defense wants to give up a jury. On the other, the lower punishments required to knock out the jury trial right are attractive. In Stanfill El, Judge Clifton describes the analysis required to determine whether a petty offense defendant has the right to a trial by jury. Id. at *1. The question involves more than just jail time: a large fine or a long period of probation can trigger the right as well. Id. 
Hon. Richard KopfFor Further Reading: How should judges free-up Federal Public Defender resources, in light of the furloughs required by sequestration? Dismiss all illegal reentry charges. So opines District Judge Richard Kopf in a remarkable blog entry, reported here. If you’ve been feeling battered and bruised in these Sixth Amendment / Sequestration battles, read Judge Kopf’s frank comments and take heart: we’re not alone in this fight. Image of the Honorable Richard Kopf from: http://upload.wikimedia.org/wikipedia/en/c/c9/Richard_G._Kopf_District_Judge.jpgMovie poster from “The Internship” from http://www.beyondhollywood.com/uploads/2013/04/The-Internship-2013-Movie-Poster.jpgSteven Kalar, Federal Public Defender N.D. Cal. Website at www.ndcalfpd.org. .
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What Is Commercial Bribery In New York?
Commercial bribery is the crime of bribing an employee of a business to get that person to act in a way that will benefit the briber. There is no federal commercial bribery statute but commercial bribery but as long as a state law is violated, federal prosecutors can use several federal criminal statutes to indict [...]
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What Is Commercial Bribery In New York?
Commercial bribery is the crime of bribing an employee of a business to get that person to act in a way that will benefit the briber. There is no federal commercial bribery statute but commercial bribery but as long as a state law is violated, federal prosecutors can use several federal criminal statutes to indict [...]
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McNeely and Search Incident to a DWI Arrest as an Exception to the Warrant Requirement
We recently blogged about the impact of Missouri v. McNeely and how it may affect all DWI cases in Minnesota. Since the United States Supreme Court decided McNeely last month, its aftermath is being felt in courtrooms across the state of Minnesota and elsewhere. In Minnesota, where refusal to submit to chemical testing is a [...]
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McNeely and Search Incident to a DWI Arrest as an Exception to the Warrant Requirement
We recently blogged about the impact of Missouri v. McNeely and how it may affect all DWI cases in Minnesota. Since the United States Supreme Court decided McNeely last month, its aftermath is being felt in courtrooms across the state of Minnesota and elsewhere. In Minnesota, where refusal to submit to chemical testing is a [...]
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Architect of Elaborate Straw Buyer Scheme Sentenced
Gerard Canino, 51, Merrick, New York, the president and owner of First Class Equities (FCE), was sentenced in Manhattan, New York, federal court to 97 months in prison for his participation in a $66 million mortgage fraud scheme. Canino pled guilty in April 2012 to conspiracy to commit wire fraud and bank fraud in connection [...]
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Child Abuse or Sunburn?
A West Valley City woman and her boyfriend have recently been charged with child abuse after taking the woman’s baby to the hospital in July 2012 for burns on the baby’s face. The boyfriend told police that he noticed and treated a sunburn on the baby’s face on July 17, 2012. The baby was taken [...]
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Why are the biggest government seizures cloaked in secrecy?
In the last three years, federal agents in Texas have contributed to some of the largest forfeiture cases in U.S. law enforcement history – seizing Caribbean bank accounts, stud racehorses, and luxury condos allegedly linked to organized crime activity by drug dealers, Ponzi schemers, and money launderers, reports the Houston Chronicle. A heavy veil of [...]
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Recent Qui Tam/FCA Articles from Around the Web
Dear Readers:I apologize for my absence the last few weeks. I am happy to be back writing articles. I have recently come across several blogs and bloggers who have written about a number interesting qui tam and False Claims Act ("FCA") cases: Generic drug maker filing a qui tam against a competitor in part based on the competitor’s fraudulent patent drug application.Berger & Montague’s blog, “Latest Court Ruling Allows Groundbreaking Qui Tam Lawsuit Between Pharmaceutical Rivals to Proceed,” highlights an interesting qui tam filed by the generic drug manufacturer Amphastar against its competitor, Aventis Pharma. The qui tam alleges that Aventis fraudulently procured a patent on its drug, Lovenox, and that as a result of the false patent, Aventis overcharged Medicare and Medicaid for that drug. The Court has recently denied Aventis' Motion to Dismiss Amphastar’s Amended Complaint. See Pharmaceuticals v. Aventis Pharama, U.S.District Court, C.D. CA., EDCV-09-0023 MJG.In an insurance coverage dispute over a qui tam settlement, the billing practices of a medical management services organization were not subject to coverage because they were not professional services covered by the professional liability policy.Wiley Rein recently wrote about an interesting case, MSO Washington, Inc. v. RSUI Group, Inc., 2013 WL 1914482 (W.D. Wash.), which addressed insurance coverage for a qui tam settlement: “False Claims Act Qui Tam Action Over Billing Practices Does Not Involve Professional Services; Claim Is Barred by Fraud Exclusion.” In this case, the Court granted summary judgment against the insured, a medical management services organization, who sought coverage and a finding of bad faith against its insurer for failing to reimburse it for the qui tam settlement that it paid that related to the its billing practices. The Court did not find coverage because “billing claims under the [False Claims Act] does not qualify as a professional service.” Additionally, the Court found that claims arising under the False Claims Act did not fall within the scope of the policy’s coverage for a “negligent act, error or omission” because a FCA claim must involve a “knowing presentation of what is known to be false.” The article includes a link to the Court’s decision. Court dismisses False Claims Act Suit Related to Alleged Mortgage Fraud by Bank of America and Countrywide Financial.Vinson & Elkins ("V&E") has a interesting article, "Court Forecloses Government’s Attempt to Use False Claims Act to Combat Mortgage Fraud," discussing the ruling by U.S. District Court Judge Jed Rakoff dismissing the False Claims Act claims brought in a qui tam in which the U.S. Attorney for the Southern District of New York has intervened. The case is U.S. ex rel O’Donnell v. Bank of America Corporation successor to Countrywide Financial Corp., 12-cv-1422, U.S. District Court, Southern District of New York. In this case, the government alleged that Countrywide used a “streamlined” loan origination model to increase the speed in which it originated and sold loans and that the use of that model resulted in “rampant instances of fraud and other serious loan defects.” Many of those fraudulent loans, the government claims, were sold to Freddie Mac and Fannie Mae. As V&E points out, the government’s FCA claims were a stretch because the provision of the FCA under which it was proceeding was passed in 2009, after most of the loans at issue. At the same time, the Court permitted the government to pursue its claims brought pursuant to the Financial Institutions Reform Recovery Enforcement Act (“FIRREA”). The Court has informed the parties that it will soon issue a detailed opinion in support of its ruling.A. Brian AlbrittonMay 27, 2013
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Latest scandals aside, shouldn't AG Eric Holder be getting ready to move on?
Though I have not be following too closely the various scandals consuming the Obama Administration these days, a Fox News headline about one of them got me thinking about the question in the title of this post. This recent Fox...
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Beverly Hills DUI Quiz, Part II -- 11 More Cases (Made up or Real)?
Hopefully, you’ve taken our first Beverly Hills DUI “true or false” quiz. If not, skip back to the previous post to do so. Today, we’re going to test your knowledge of DUI trivia yet again by giving you another 11 scenarios and letting you guess which ones are true and which are false.![goat-dui-defense-attorney.jpg]()
1. Police have arrested people for driving under the influence:
• on motor scooters (driving at 6 miles per hour);
• on pink electrical Barbie cars (driving 3 miles per hour);
• on skateboards;
• on lawnmowers;
• on adult tricycles;
• and on tiny pocket bikes!
2. After consuming a dozen beers, an Amish man “got behind the wheel” of a horse-drawn buggy and promptly got arrested for driving while intoxicated. He apologized, calling himself a “bad amish.”
3. During a party at Kappa Delta Sorority in Missouri, a 20-year-old woman consumed 20 “non-alcoholic” beers for her birthday and then got behind the wheel of a car. She was pulled over by police and tested to have a BAC of 0.06% -- a BAC spike driven entirely by the small amounts of alcohol in the supposedly "non-alcoholic" beverages! (For reference, the legal limit for Beverly Hills DUI is 0.08% BAC, per CVC 23152.)
4. Out in Indiana, a man who was severely under the influence of alcohol hijacked a plane to show off to his girlfriend. He was so out of it that he missed the runway and had to make an emergency landing in a field of soybeans. Unsurprisingly, he was arrested.
5. One of the earliest Barnum & Bailey Circus attractions featured a stuntman, whose act involved drinking a flaming bottle of rum while riding a lion bareback. During one show, the stuntman caught the lion’s mane on fire, prompting the big cat to throw him off its back, killing him in front of a packed house. Curious fact: The stuntman was a former police officer!
6. Like something out of “A Fish Called Wanda,” a man hopped into a steamroller while significantly under the influence of alcohol. He then proceeded to ram the steamroller into a nearby car, in an attempt to flatten it. Police stopped him and arrested him for DUI.
7. The highest blood alcohol concentration for anyone ever stopped for a DUI in Southern California (or elsewhere) was 1.67% BAC. The woman lapsed into coma, but she miraculously recovered from a BAC level more than three times what's normally considered a lethal BAC level.
8. Out in Spain, a disabled man who had a yen to visit a local house of prostitution drove his mechanical bed down the streets, while under the influence. Police stopped and arrested him.
9. If you bring any amount of alcohol into the state of Utah -- unless you are a licensed dealer of said alcohol -- you can be arrested and charged with a crime.
10. The winner of the 1994 Iditarod Dog Sled Race in Alaska had his championship crown stripped, when race officials discovered that he had been drinking whisky while driving his dogs through the finish line.
11. In Soviet Russia, Joseph Stalin’s KGB ran a secret program that encouraged agents to drink vodka and then drive around the streets of big cities, like Moscow and Leningrad, to terrify the populace and make people crave the “law and order” of the regime.
Hopefully you enjoyed these DUI curiosities. If you need assistance dealing with a recent Beverly Hills DUI charge, please connect with the experienced, highly capable team here at the Kraut Law Group. Mr. Kraut is a former Senior Deputy District Attorney for Los Angeles (a high level prosecutor) who worked in that capacity 14 plus years. He and his team can help you construct a vigorous defense.
1. T 2. T. 3. F 4. T. 5. F. 6. T 7. F 8. T 9. T 10. F 11. F
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1. Police have arrested people for driving under the influence:
• on motor scooters (driving at 6 miles per hour);
• on pink electrical Barbie cars (driving 3 miles per hour);
• on skateboards;
• on lawnmowers;
• on adult tricycles;
• and on tiny pocket bikes!
2. After consuming a dozen beers, an Amish man “got behind the wheel” of a horse-drawn buggy and promptly got arrested for driving while intoxicated. He apologized, calling himself a “bad amish.”
3. During a party at Kappa Delta Sorority in Missouri, a 20-year-old woman consumed 20 “non-alcoholic” beers for her birthday and then got behind the wheel of a car. She was pulled over by police and tested to have a BAC of 0.06% -- a BAC spike driven entirely by the small amounts of alcohol in the supposedly "non-alcoholic" beverages! (For reference, the legal limit for Beverly Hills DUI is 0.08% BAC, per CVC 23152.)
4. Out in Indiana, a man who was severely under the influence of alcohol hijacked a plane to show off to his girlfriend. He was so out of it that he missed the runway and had to make an emergency landing in a field of soybeans. Unsurprisingly, he was arrested.
5. One of the earliest Barnum & Bailey Circus attractions featured a stuntman, whose act involved drinking a flaming bottle of rum while riding a lion bareback. During one show, the stuntman caught the lion’s mane on fire, prompting the big cat to throw him off its back, killing him in front of a packed house. Curious fact: The stuntman was a former police officer!
6. Like something out of “A Fish Called Wanda,” a man hopped into a steamroller while significantly under the influence of alcohol. He then proceeded to ram the steamroller into a nearby car, in an attempt to flatten it. Police stopped him and arrested him for DUI.
7. The highest blood alcohol concentration for anyone ever stopped for a DUI in Southern California (or elsewhere) was 1.67% BAC. The woman lapsed into coma, but she miraculously recovered from a BAC level more than three times what's normally considered a lethal BAC level.
8. Out in Spain, a disabled man who had a yen to visit a local house of prostitution drove his mechanical bed down the streets, while under the influence. Police stopped and arrested him.
9. If you bring any amount of alcohol into the state of Utah -- unless you are a licensed dealer of said alcohol -- you can be arrested and charged with a crime.
10. The winner of the 1994 Iditarod Dog Sled Race in Alaska had his championship crown stripped, when race officials discovered that he had been drinking whisky while driving his dogs through the finish line.
11. In Soviet Russia, Joseph Stalin’s KGB ran a secret program that encouraged agents to drink vodka and then drive around the streets of big cities, like Moscow and Leningrad, to terrify the populace and make people crave the “law and order” of the regime.
Hopefully you enjoyed these DUI curiosities. If you need assistance dealing with a recent Beverly Hills DUI charge, please connect with the experienced, highly capable team here at the Kraut Law Group. Mr. Kraut is a former Senior Deputy District Attorney for Los Angeles (a high level prosecutor) who worked in that capacity 14 plus years. He and his team can help you construct a vigorous defense.
1. T 2. T. 3. F 4. T. 5. F. 6. T 7. F 8. T 9. T 10. F 11. F
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Another guest post from Prof Lea Johnston concerning mentally ill inmates
Lea Johnston here again. In my first guest blog, I discussed the mental health findings of a recent Department of Justice report on sexual victimization in prisons and jails in 2011-12. In a nutshell, the report found that inmates with...
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Anwar, Bayer & Hjalmarsson on the Role of Age in Jury Selection and Trial Outcomes
Shamena Anwar , Patrick J. Bayer and Randi Hjalmarsson (Carnegie Mellon University - H. John Heinz III School of Public Policy and Management , Duke University - Department of Economics and Queen Mary, University of London) have posted The Role...
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IA: Parole search by child protective services and two police officers invalid
A child protective services official got an anonymous complaint that defendant parolee was growing marijuana in her house, so the CPS official brings along two police officers to conduct a search. The search fails every justification offered: “consent, special needs, exigent circumstances, community caretaking, or a general balancing of the governmental interests served by the search against the privacy interest of the parolee.” The search violated the state constitution. Also, this was not a true parole search. State v. Kern, 2013 Iowa Sup. LEXIS 61 (May 24, 2013).
Ferrier warnings of a right to refuse a search of the home applied to searches where the police were looking for another person in the home and lacked reasonable suspicion he was there. State v. Westvang, 2013 Wash. App. LEXIS 1227 (May 21, 2013) (decided under state constitution).*
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=427770MAJ
Defendant was found to have voluntarily consented to a search of the premises after having been Mirandized. United States v. Jeronimo-Rodas, 2013 U.S. Dist. LEXIS 72970 (D.S.C. May 23, 2013).*
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FRE 901: Boilerplate Foundational Requirements for Tape Recordings.
USA v. Ron Collins, No. 11-3098 . Ron "Ron Ron" Collins participated in a drug-distribution conspiracy stretching from Mexico to Milwaukee that involved mass amounts of cocaine. For his role, Collins was found guilty of conspiracy to possess with intent...
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Distracted Driving Accidents May Result in Vehicular Manslaughter Charges in California
In California, driving under the influence is a crime. Using a handheld cell phone, or texting while driving, on the other hand, is a mere traffic violation under Penal Code 23123, also known as California’s “distracted driving” law. But there...
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Soap Actor Arrested for Selling Cocaine
A former "Days of our Lives" actor has been arrested for allegedly selling illegal drugs out of his Los Angeles County home. According to The Malibu Times, the 20-year-old actor was arrested at his Agoura Hills home for selling cocaine. It is not clear from the report how much cocaine the authorities seized. He was charged with one count of possession as well as one count of selling cocaine within 1,000 feet of an elementary school. If convicted, he faces up to nine years in state prison.
California's drug distribution laws make it illegal to possess, transport, manufacture, and sell cocaine. Individuals charged with cocaine-related crimes could face years of incarceration and fines. These penalties are enhanced if the alleged crimes occur near a school.
Under California Health and Safety Code 11353.1 (1), defendants may face additional penalties if a drug crime involved cocaine and "occurred upon the grounds of, or within, a church or synagogue, a playground, a public or private youth center, a child day care facility, or a public swimming pool, during hours in which the facility is open for business, classes, or school-related programs, or at any time when minors are using the facility." The enhanced punishment for a cocaine-related drug crime on school grounds can include an additional year in state prison.
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Smith on the School-to-Prison Pipeline
Chauncee D. Smith (Fordham University School of Law) has posted Deconstructing the Pipeline: Evaluating School-to-Prison Pipeline Equal Protection Cases Through a Structural Racism Framework on SSRN. Here is the abstract: This article posits that a wide range of U.S. education...
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Avoiding DUI Arrests During the Summer Months
This summer, you can expect to see an increase in the number of patrol cars on the roadway. There is usually heightened DUI (driving under the influence) enforcement in Los Angeles County during the summer months. There will likely be saturation patrols in beach communities and an increased number of sobriety checkpoints in busy areas, especially near bars and restaurants. However, there are a number of ways in which you can avoid being arrested for a DUI.
First and foremost, it is vital to your own well-being that you do not get behind the wheel if you have been drinking. Depending on your body mass and food recently consumed, it may only take a couple of drinks to exceed the legal limit. California Vehicle Code Section 23152 (a) states that it is illegal to operate a motor vehicle while under the influence of alcohol and/or drugs.
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More Pages to Explore .....
