Under Georgia law, when several crimes arise arise from the same conduct and are brought as different charges even if by different agencies, they must be prosecuted in one criminal proceeding, unless certain specific requirements are met. If they are not prosecuted in one criminal proceeding, and the government attempts to bring different charges in different proceedings, a criminal defendant can object on the ground that this violates prohibitions against double jeopardy. In a recent case before the Georgia Court of Appeals, the court looked at the requirements of double jeopardy and denied a criminal defendant’s request for relief on this ground. In this DUI case, H.M. was arrested after he led officers on a high-speed car chase after he was believed to be driving under the influence of alcohol. When H.M. was finally arrested, he was charged with multiple offenses by the Bartow County Sheriff’s Office, which was involved in the chase, including…
Georgia Court Denies Claim of Double Jeopardy When Prosecutor Had No Knowledge of Separate Crimes
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Jorge Bruce y la intolerancia
http://larepublica.pe/impresa/opinion/880518-lugares-de-resistencia Jorge Bruce MI COMENTARIO El día que las personas de clase media alta o muy ricas, donde por lo escrito hasta el momento es cuna de la mayoría homosexual en nuestro país y escuche, lea o vea que con el mismo ardor y NO con tanta hipocresía, manipulando las diferencias humanas para alcanzar un objetivo que NADA, absolutamente NADA tiene que ver con ellas y PROPONGAN que en las listas congresales para ser validadas al momento de su inscripción no sólo correspondan al proceso democrático interno sino a la pluralidad de conductas y apetencias humanas sin perjuicio de la igualdad sexual, 1 hombre, 1 mujer y 1 homosexual de manera alternada y que por obligación legal en la elección interna para elegir al candidato que presentarán en las presidenciales haya existido por lo menos UN HOMOSEXUAL, recién entonces podrá creerse su…
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Memorial Day 2017
The other day, a young lawyer twitted at me about my generation “spitting at vets” when they returned home from Vietnam. This came in response to my twit about students walking out of their graduation ceremony to protest the vice president. While it was unduly defensive, the more important problem was that it was factually wrong. There were many of us who disagreed vehemently with the Vietnam war. There were a few who spit on returning vets, the “baby killers” to the most radical. This was not, however, a stereotype of my generation, but an anomaly, which is why a baby lawyer today is aware it happened. So smart and so wrong at the same time. I was far closer to World War II than a Millennial is to Vietnam. Our fathers fought, and some died, fighting literally Hitler. We were weened on their suffering and sacrifice. Spare me the presentism of Yippies spitting on returning vets. My generation recognized the sacrifices suffered for this nation. This is one…
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Galoob on Retributivism and Criminal Procedure
Stephen Galoob (University of Tulsa College of Law) has posted Retributivism and Criminal Procedure (New Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: Retributivist theories of punishment are in tension with due process. Some retributivists adopt a simple...
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The Warrant, the Network Investigative Technique and Child Pornograph
This post examines an opinion from the U.S. District Court for the Northern District of Texas: U.S. v. Perdue, 2017 WL 661378 (2017). The judge begins the opinion by explaining that[t]he instant motions to suppress and dismiss the indictment challenge the Federal Bureau of Investigation's (`FBI's’) seizure of a computer server that hosted a child pornography website called `Playpen,’ and the FBI's ensuing operation of the website on a government server.U.S. v. Perdue, supra.The Judge goes on to explain why, and how, the prosecution arose:The facts of this case that are material to the court's decision are undisputed. In early 2015, acting on a tip from a foreign law enforcement agency, the FBI located and seized a computer server that contained a child pornography website called Playpen. Playpen existed as a hidden website on the Tor Network, also known as the dark web. Through sophisticated encryption, the Tor Network anonymizes and…
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Memorial Day means little without always advancing liberty, human rights & justice
Memorial Day — a day of remembering those American military members who died in war — is filled with parades, weekends away, pool openings, cookouts, and retail sales. I have experienced my share of military pomp and circumstance, including marching while playing my trumpet in nine Memorial Day parades; and attending numerous West Point football games and reunions with my father, who graduated there. However, war is not pomp and circumstance. It is bloody, chaotic, filled with too many atrocities, and killing too many innocent civilians. With nuclear weapons in the hands of governments, Kim Jung Un, and possibly terrorists, the fallout from war is all the more risky. I am not a full pacifist, but believe that the American government has for too long had too hair-trigger an approach to war and too little focus on diplomacy to avoid war in the first place. The American government and the electorate have allowed the military to be overgrown, far beyond the…
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S.D.Tex.: Immigration stop was extended with RS
Extending an immigration stop: “The Court finds that Agent Gonzalez’s questions related to Garcia’s citizenship, documents proving citizenship, and his travel plans and thus were within the scope of an immigration stop. Further, the Court finds that the questioning was … Continue reading →
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Does New York Seal or Expunge Convictions for Embezzlement Grand Larceny
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An Imperial Court in a Post-Colonial Context
Tracy Robinson & Arif Bulkan, Constitutional Comparisons by A Supranational Court in Flux: The Privy Council And Caribbean Bills of Rights, 80 Modern L. Rev. 379 (2017). Erin F. Delaney In this age of Brexit and the existential threats facing the United Kingdom, I find myself drawn to literature addressing the legacy of the British Empire. And in their new article, Constitutional Comparisons by A Supranational Court in Flux: The Privy Council And Caribbean Bills of Rights, Tracy Robinson and Arif Bulkan analyze a vestigial British imperial court, the Judicial Committee of the Privy Council (JCPC), in a post-colonial context. Law professors at the University of the West Indies, the authors examine the JCPC’s approach to constitutional interpretation through detailed analysis of its cases addressing Caribbean bills of rights. The article succeeds in highlighting significant questions about the JCPC’s legitimacy and function and provides insight into the very…
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Portland’s Powderkeg Problem
Feelings are understandably very raw in Portland at the moment. With good reason. For very pragmatic reasons, Portland’s mayor, Ted Wheeler, has called for the suspension of constitutional rights. *** 2) I have confirmed that the City of Portland has NOT and will not issue any permits for the alt right events scheduled on June 4th or June 10th. The Federal government controls permitting for Shrunk Plaza, and it is my understanding that they have issued a permit for the event on June 4th. 3) I am calling on the federal government to IMMEDIATELY REVOKE the permit(s) they have issued for the June 4th event and to not issue a permit for June 10th. Our City is in mourning, our community’s anger is real, and the timing and subject of these events can only exacerbate an already difficult situation. 4) I am appealing to the organizers of the alt-right demonstrations to CANCEL the events they have scheduled on June 4th and June 10th. I urge them to ask their supporters to…
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Divorce Red Flags of Fraud
The vast majority of family law cases are settled without trials. However, a client should not enter into a voluntary settlement if there are significant concerns about the truth of the financial disclosures and indications that assets or income may be hidden. The first step in determining whether a forensic accountant is needed to evaluate the finances of the parties is the identification of “red flags” of fraud. A red flag is simply a warning sign or an unusual item or circumstance. Attorneys often use their instinct to determine when a forensic accountant is needed in a family law case. If something does not feel right, it probably should be investigated. A client is often suspicious of the spouse even before they are separated. The spouse may even be known to manipulate the money. Beyond using intuition to determine if something is wrong, there are plenty of warning signs that indicate the finances should be evaluated carefully. These red flags by…
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N.D.Cal.: It’s not for LEO to second guess a probation search condition’s validity or application
If the probation search condition applies on its face, and even if the search is for general law enforcement purposes, it’s not for the searching officer to inquire into the details of whether there might be some argument behind the … Continue reading →
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Nelson Manrique y el Capital en el Siglo XXI
http://larepublica.pe/impresa/opinion/880880-el-capitalismo-hoy Por Nelson Manrique MI COMENTARIO He leído el artículo del Historiador peruano, nunca antes de este instante había interiorizado sobre el dinero y su oscuro poder, siempre lo he asimilado a la explotación y el confort que les asegura a sus poseedores convirtiendo el Mundo en una pequeña casa de la que están cansados de dar vueltas. Sin embargo, la estadística a la que se remite el señor Manrique nos dice quiénes son las más grandes, entiendo con ello las más ricas, siendo los servicios los que predominan en las ocho primeras clasificadas, servicios como el que estoy utilizando y también industria o el de la moda o el de la información sin trascendencia como el anterior que lejos está de enriquecer al ser humano, la del placer una poderosa arma de consumo, el de la manipulación de la que…
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Humility In The Center of the Universe
Most of us believe ourselves to be normal, by which I mean that we believe our sensibilities to reasonable and those that differ to be unreasonable, if not totally wrong. And most of us believe that the majority of people agree with us, because we’re, well, normal. For those who believe themselves to be exceptional, this isn’t about you. Much has been said about cultural appropriation of late, here and elsewhere, largely because of its absurdity and untenability, and this has created a dilemma for those who passionately believe that it exists and is wrong, since they’re constrained to rationalize why they believe something so logically flawed while being smack in the middle of that reasonable majority. This conflict of feelings and reason took hold at the Guardian, where the problem confronting novelists became a platform for the battle to be fought. Clearly, if writers were barred from creating characters with attributes that we do not “own”…
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Carlos Paredes y Venezuela
http://elcomercio.pe/opinion/columnistas/venezuela-gloria-bravo-pueblo-carlos-paredes-427074 “Si bien en las relaciones internacionales es preciso guardar las formas, es también necesario expresar tajantemente la firmeza de nuestras convicciones democráticas. Es hora de que el gobierno declare persona non grata al embajador de Maduro en el Perú. Nosotros ya retiramos a nuestro embajador, y si el gobierno chavista no tiene la decencia de retirar al suyo, deberíamos mandarlo de regreso a su tierra, a que viva y sufra lo que su gobierno está causando al pueblo venezolano. Ojalá que el gobierno de PPK lo haga muy pronto y que en la próxima reunión de cancilleres de la OEA el Perú lidere nuevamente una posición firme frente a la dictadura de Maduro.” No tengo idea de quien es Carlos Paredes pero su artículo lleno de odio lo termina con el párrafo que comparto. Nelson Manrique…
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State Police Announce Drug Conspiracy Arrests
The Maryland State Police recently announced the indictments of 18 defendants in a large drug conspiracy that spanned numerous counties and stretched into Delaware. The investigation began last fall state when police investigators received information that a male suspect was involved in a drug trafficking ring operating out of Queen Anne’s County. Narcotics detectives had reason to believe that this particular suspect, who lived in Kent County, assisted in the importation and distribution of large amounts of opioids including oxycodone, fentanyl, morphine, methadone and heroin throughout the state. Further investigation also revealed this suspect’s alleged involvement with another Kent County man in cocaine trafficking. Both male suspects were self employed, which further peaked the interests of law enforcement officers about the possibility of ongoing money laundering. As the investigation progressed, police officers from numerous jurisdictions including Talbot…
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What’s the Difference Between a Civil Order of Protection and a Criminal Order of Protection?
The main difference between a Civil Order of Protection and a Criminal Order of Protection has to do with how the person who is seeking the Order of Protection goes about getting the Order of Protection entered, or issued. An Order of Protection is a court order which bars someone from having at least some contact with another person. The typical Order of Protection forbids a person from being anywhere near another person or forbids them from being at a certain location or attempting to make any contact whatsoever with the other person. It’s really the only way that the legal system can offer protection from bodily harm from another person. It’s a piece of paper that has no power in and of itself to prevent anything from happening. The only thing that the Order of Protection does is allow the police to arrest someone if they are found to be in Violation of the Order of Protection. Let’s first talk about a Civil Order of…
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Short Take: The Princeton Man
Hard as it may be to imagine an elitist country club in Jersey, Princeton existed. But it’s trying desperately to shed its old legacy Ivy image to appear more like the second-tier ivies where the poor and downtrodden had a chance of admission. Eisgruber and his colleagues have made real and rapid progress. Princeton was until recently among the country’s least economically diverse colleges, overlooking hundreds of qualified low-income high-school students each year. No more. Only 6.5 percent of the class of 2007 received Pell grants, which typically go to students in the bottom half of income distribution. The share among the class of 2017, which graduates next week, is 14.9 percent. The share in both this year’s and next year’s freshman class is 21 percent. The changes aren’t just about one statistic, either. Princeton is also enrolling more middle-class students and low-income foreigners, who are ineligible for Pell grants. The mothers at…
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Morning Radio: Harp
Tuesday.On point.Stationary.The reef looked harsh.And she was swimming in that direction.But she knew her sea, she knew the waters.She knew the shore.I did not see her until she appeared.Popped completely out of the water. Right at the tide's most complete push.Taking off the apparatus.Her face beaming.What a morning she said. What a morning!
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California’s Breastfeeding at Work Laws
In California, breastfeeding is legal in all public locations, thanks to the California Civil Code, section 43.3. The code states that a mother is allowed to breastfeed her child in any place, except for the home of another, where the mother and her child are otherwise allowed to be present. In other words, if a mother and her child are in a public space where they are legally allowed to be, then the mother is within her legal rights to breastfeed her child. But what about breastfeeding in the workplace? Do working women in California have the right to breastfeed while at work? In California, yes, the right to breastfeed at work is protected under California law. The California Labor Code: Breastfeeding in the Workplace Several subsections of the California Labor Code address a woman’s right to breastfeed while at work. Key provisions are briefly outlined below: Section 1030: According to section 1030 of the California Labor Code, every employer in California is…
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