There is no higher nexus requirement involving cell phones. A ping order of a cell phone may be used to collect “mere evidence,” rejecting United States v. Powell, 943 F. Supp. 2d 759 (E.D. Mich. 2013). United States v. Christian, … Continue reading →
E.D.Va.: There is no higher nexus requirement involving cell phone data and tracking
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Case o' The Week: Ninth Dodges Pot, Shot - Davies and Plea Agreement Collateral-Attack Waivers
A non-cap habe raises execution issues, in a Section 2241 opinion. Davies v. Benov, 2017 WL 2125897(9thCir. May 17, 2017), decision available here.Players: Decision by Judge Gould, joined by Judges Wardlaw and Callahan. Facts: Davies owned medical marijuana dispensaries in California, which he contended complies with state law. Id. at *1. He was charged federally in the ED Cal, and plead guilty to a five year term. Id. The plea agreement had a waiver provision that read, “Regardless of the sentence he receives, the defendant also gives up any right he may have to bring a postappeal attack on his conviction or his sentence. He specifically agrees not to file a motion under 28 U.S.C. § 2255 or § 2241 attacking his conviction or sentence.” Id. A year into Davies’ term, Congress passed an appropriation rider. That rider prohibited the use of federal funds to prosecute offenses otherwise legal under state medical marijuana laws. Id. at…
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Woman Arrested for Alleging Allowing Child to Drive Car While She was Drunk
Drunk driving typically affects more than the person behind the wheel. In one recent case, though, the person behind the wheel was just as much a victim as anyone else. According to a recent news article from the Greenfield Patch, a 37-year-old woman has been arrested after she was allegedly too drunk to drive, so she made her 8-year-old son drive instead. Authorities have said the arrest occurred around 2 p.m. A deputy sheriff reported seeing a car entering the on-ramp of a major local highway with a small child sitting on a woman’s lap. This was apparently sufficient probable cause to conduct a traffic stop. The deputy allegedly observed the young boy steering the car.When he pulled over the vehicle and approached the driver’s side window, the child was crying and said he didn’t want to go to jail. The driver was apparently also concerned about going to jail and refused to cooperate with law enforcement officers after they made…
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 4,843 Encryption Workarounds Orin S. Kerr and Bruce Schneier The George Washington University Law School and Harvard University - Berkman Klein Center for Internet & Society Date posted to...
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Crash Blocking Eastbound I-84 at the 173 off ramp
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 05/17/2017 8:00 p.m. Please direct questions to the District Office Idaho State Police is investigating a crash eastbound I-84 at milepost 173 on the off ramp, in Jerome County. The right lane and exit are currently blocked. Drivers should expect delays. 3641 ------------
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** UPDATE** Crash Blocking Eastbound I-84 at the 173 off ramp
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 05/17/2017 9:13 p.m. Please direct questions to the District Office ***** Update ***** The roadway is open. More information will follow as it becomes available. 3641/3683 ****************** Idaho State Police is investigating a crash eastbound I-84 at milepost 173 on the off ramp, in Jerome County. The right lane and exit are currently blocked. Drivers should expect delays. 3641 ------------
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Lucas on Intellectual Disability in Capital Cases
Lauren Sudeall Lucas (Georgia State University College of Law) has posted An Empirical Assessment of Georgia's Beyond a Reasonable Doubt Standard to Determine Intellectual Disability in Capital Cases (33 Ga. St. U. L. Rev. 553 (2017)) on SSRN. Here is...
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Justice by the Numbers?
Most people will agree that there is a need for a certain level of efficiency in our criminal justice system, and the new procedures that went into effect in New Jersey on January 1, 2017, are a reflection of that. The fact is that certain cases were languishing in our courts, and many defendants were languishing in county jails until there cases were resolved. This situation created a huge financial burden on the State’s institutions, and also disrupted the lives of many defendants and their families. Something that most people are completely unaware of is that oftentimes, defendants whose cases resolve in their favor still lose income, jobs and homes by being forced to remain in custody for extended periods simply because their cases got bogged down in an overburdened system. The result is an increased burden on society which commences when an unemployed and homeless defendant emerges from custody. Accordingly, there is a certain…
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Stolzenberg et al. on Child Witnesses
Stacia N. Stolzenberg, Kelly McWilliams and Thomas D. Lyon (Arizona State University (ASU) - School of Criminology & Criminal Justice, USC Gould School of Law and University of Southern California - Gould School of Law) have posted Ask versus Tell:...
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Top Ten Favorite Albums: #6 Public Enemy: Yo! Bum Rush the Show
The cool kids will yawn and say there were much better hip-hop/rap albums.They're right and wrong at the same time.It was the timing in addition to the music.The siren wails. The powerful voice. The hype man. Professor Griff.We all knew it was coming. No surprise. We just didn't know it was going to live up to all the expectations.And then some!The cover was different. Where were the bright colors? The cartoony fonts? The campy effects?No, maybe this was a revolution.Where Schoolly D and BDP had done some recon, Public Enemy was blasting through.With tanks and bazookas.Yo! Bum Rush The Show.#6
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DC sniper Lee Malvo to get resentencing thanks to Miller Eighth Amendment rule
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Winning your Michigan Driver’s License Restoration Case – Tears of Joy – Part 2
In part 1 of this article, we began our examination of that joyful moment when you win your license back by observing that, as a condition to getting there, a person has to stop drinking in the first place. I pointed out that although my client’s gratitude is the ultimate reward for my work as a Michigan driver’s license restoration lawyer, I fully expect to win every license restoration and clearance appeal case I take, and actually guarantee to do so. We then moved on through why people decide to quit drinking, and how staying quit is really the key, and began examining the difference between mere abstinence and true sobriety. We left off with our example of Snake the Biker, who hasn’t had a drink in 4 years, and is therefore abstinent, but hardly sober, because as much as he has stopped himself so far, Snake still wants to drink. Here, in part 2, we’ll resume by looking at the difference between abstaining from alcohol when one…
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Lee on Reasonable Doubt and Morality
Youngjae Lee (Fordham University School of Law) has posted two pieces on SSRN. The first is Reasonable Doubt and Moral Elements (Journal of Criminal Law and Criminology, Vol. 105, No. 1, 2016) on SSRN. Here is the abstract: The law...
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NYTimes: Body Cameras, Long Distrusted, Now Help Show ‘Human Side of the Badge’
NYTimes: Body Cameras, Long Distrusted, Now Help Show ‘Human Side of the Badge’ by Julie Bosman: Law enforcement’s use of body-worn cameras has expanded around the country, largely in response to high-profile civilian deaths at the hands of officers and … Continue reading →
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Heather Mac Donald Annihilates Criticism of Mandatory Minimums
I've often said that Heather Mac Donald is the best in the business for analyzing policy about police practices and sentencing. She proves it again in her May 25 piece from the Wall Street Journal (link not presently available). I'll give a three paragraph teaser:No one who gets caught smoking a joint is going to be implicated by Mr. Sessions's order [requiring prosecutors ordinarily to charge the most serious readily provable offense]. The number of federal convictions for simple possession is negligible: only 198 in 2015. Most of those were plea-bargained down from trafficking charges, usually of marijuana. Last year the median weight of marijuana possessed by those convicted of simple possession was 48.5 pounds. To trigger a mandatory penalty for marijuana trafficking, a dealer would need to be caught with more than 2,200 pounds of cannabis.[T]he idea that Mr. Sessions's memo will exacerbate racial disparities in prison does not stand up…
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FINAL UPDATE** Crash Blocking Eastbound I-84 at the 173 off ramp
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 05/28/2017 5:40 p.m. Please direct questions to the District Office ***** Final Update ***** On Saturday, May 27, 2017, at approximately 7:31 p.m., Idaho State Police investigated an injury crash involving two motorcycles, eastbound I-84 near mile marker 173 on the off ramp in Jerome County. Aaron D. Keele, 43, of Idaho Falls, was driving a 2009 Harley Davidson motorcycle eastbound on I-84 when he made an unsafe lane change and struck Jeffrey T. Lovell, 37, of Rigby, who was driving a 2008 Harley Davidson motorcycle, also eastbound on I-84. Lovell and his passenger, Makisha M. Sorensen, 37, of Rigby, were ejected from the motorcycle, coming to rest in the lane of…
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Meet Your Lawyer Before You Hire Him
Meet Your Lawyer Before you Hire Him I got a call Friday from a potential client. I was walking out the door to meet a colleague for lunch when the phone rang. I asked the caller if I could call her back in 90 minutes. She said o.k. and I set off for lunch. When I got back, I returned the call and was told that my potential client was completing the process of hiring another lawyer. My loss, right? Wrong. For years I have been saying the same things and they are more true today than they were when I first started writing blogs. Please, please, please, whenever possible, meet your lawyer before you hire him. Take an hour to drive to the potential lawyer’s office. Sit with the lawyer. Talk to the lawyer. Ask the lawyer questions. If the lawyer doesn’t have time to meet with you, he is likely not the right lawyer for you. If the lawyer tries to scare you to death, he is not the right lawyer for you. If the lawyer makes you promises you know he…
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Under SORA Guidelines, Grooming and Promoting a Relationship are Two Different Concepts
byJill Paperno,Author of "Representing the Accused: A Practical Guide to Criminal Defense"During SORA hearings, our clients often face the claim that they established or promoted a relationship for the purpose of victimizing the complainant. "The Guidelines provide that 20 points should be assessed under risk factor 7 if '[t]he offender's crime (i) was directed at a stranger or a person with whom a relationship had been established or promoted for the primary purpose of victimization or (ii) arose in the context of a professional or avocational relationship between the offender and the victim and was an abuse of that relationship' (Guidelines, factor 7)." People v Cook, 2017 N.Y. LEXIS 723, *5-6, 2017 NY Slip Op 02468, 3 (N.Y. Mar. 30, 2017) Prosecutors often try to assess these points even when the defendant and complainant are well known to each other.In People v. Cook, supra, the Court of Appeals clarified the purpose of Factor 7, and…
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State lawmakers look to prevent sex offenders from being treated at certain psych centers
5-28-17 New York: BUFFALO, N.Y. (WIVB)- State lawmakers are looking at new restrictions for sex offenders. The Senate passed a bill this week to prevent sex offenders from living in group homes run by the Office of Mental Health or the Office for People with Developmental Disabilities. Another Senate bill was passed last week that would prevent sex offenders from getting treatment at certain
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"No Indeterminate Sentencing Without Parole"
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