The U.S. Supreme Court has once again unanimously reversed the Court of Appeals for the Ninth Circuit on a criminal justice issue. This time it was the Notorious Ninth's evasion of Supreme Court jurisprudence on police liability for allegedly excessive force. In this case, police reasonably fired their weapons when a person in a shack they were searching pointed a gun at them. It turned out to be a BB gun, but the officers did not know that at the time.If law enforcement officers make a "seizure" of a person using force that is judged to be reasonable based on a consideration of the circumstances relevant to that determination, may the officers nevertheless be held liable for injuries caused by the seizure on the ground that they committed a separate Fourth Amendment violation that contributed to their need to use force? The Ninth Circuit has adopted a "provocation rule" that imposes liability in such a situation.We hold that the…
USCA9 Unanimously Reversed on Excessive Force Claims
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Chicago DUI Law Blog: Chicago DUI lawyer comments on Tiger Woods' no-alcohol-DUI
This Chicago DUI attorney is not alone in experiencing déjà vu.Mr. Woods was arrested over the holiday weekend. This time, it appears he is being charged with DUI.I spoke to my mum today about these issues. Yes. You can be charged AND found guilty of a DUI on prescription medications in most states.I previously discussed some of these issues as they relate to Woods some time ago.Chicago DUI Law Blog: Chicago DUI lawyer comments on Tiger Woods' non-DUI
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Tiger Woods Arrested For DUI
We told people that police would be out in full force this weekend looking for unsafe driving behaviors and drivers operating under the influence, but it’s clear that one high-profile celebrity didn’t get the message. Golfer Tiger Woods was arrested early Monday morning on suspicion of driving under the influence near his home in Juniper, Florida. Woods was found asleep behind the wheel of his running car around 3:00 a.m. on Monday morning. An officer was able to wake Woods and noted that the 14-time major champion exhibited “extremely slow and slurred speech.” The officer also reported that Woods had difficultt with several roadside sobriety tests. Woods was eventually booked into Palm Beach County Jail at 7:16 a.m. and was released later that morning without a bond. Prescription Drug DUI Woods’ camp was quick to issue a statement after the arrest. In a statement, Woods said that he was affected by a mixture of prescription painkillers, not…
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Brown on The Community Trigger
Kevin J. Brown (Queen's University Belfast) has posted The Community Trigger for Anti-Social Behaviour: Protecting Victims or Raising Unrealistic Expectations? ([2015] Criminal Law Review 488-503) on SSRN. Here is the abstract: In October 2014, a statutory remedy for victims of...
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Consensus reigning (for now) as SCOTUS continues working through its criminal docket
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Judge’s Sentencing Discretion Held in Check
A federal district court judge enjoys broad discretion in determining the criminal sentence to be imposed following conviction. This judicial discretion, however, is limited by the requirement that a judge consider the sentencing factors spelled out in 18 U.S.C. § 3553(a) and the advisory recommendations of the U.S. Sentencing Guidelines. An integral component of a federal criminal sentence is not only the term of imprisonment but the terms and conditions of supervised release following discharge from the U.S. Bureau of Prisons. Federal judges also enjoy wide discretion in determining the conditions of release, although this discretion is again limited by statute (here, here, and here). The federal courts of appeal have consistently instructed that 18 U.S.C. § 3583(d) distinguishes the differences between “mandatory and special conditions” of supervised release. Specifically, the statute confines special conditions to four factors: “the…
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Single motorcycle fatality crash near Wayan
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: Tuesday- May 30, 2017 11:40 a.m. Please direct questions to the District Office On May 30, 2017, at approximately 8:00 a.m., the Idaho State Police investigated a single-vehicle, fatality crash on SH-34 at milepost 92, near Wayan. Ronald Robinett, 69, of Soda Springs, was driving eastbound on SH-34 on a 1997 Harley Davidson motorcycle. While negotiating a curve, the motorcycle crossed center line and went off the left shoulder. Robinett succumbed to his injuries at the scene; he was wearing a helmet at the time of crash. Notification has been made to next of kin. 3632/3413 -------------
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Distinguishing Disagreement from Unconstitutionality
Far too often, people run to the courts claiming that some action of the executive or legislative branch is unconstitutional when their basis is really nothing more than strong disagreement with the merits of the decision. It is refreshing to see a recognition of the important difference in this editorial in the WaPo.Much as we find Mr. Trump's travel ban offensive, imprudent and unwise; much as we believe it inflicts real harm not just on America's foreign policy objectives but also on families, communities and institutions in the United States, it's fair to wonder whether it really amounts to an attack on Islam and an affront to the Constitution.That's a step in the right direction, but understated. There is no need to wonder. The order is well within the President's legal and constitutional authority, as I have explained previously on this blog. Of course the Post is entitled to its opinion on the wisdom of the policy, which I…
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SCOTUS: Co. of LA v. Mendez: No constitutional basis for the Ninth Circuit’s “provocation” rule that an officer’s conduct that provokes a violent response is a separate Fourth Amendment claim
There is no constitutional basis for the Ninth Circuit’s “provocation” rule that an officer’s conduct that provokes a violent response is a separate Fourth Amendment claim. County of Los Angeles v. Mendez, 2017 U.S. LEXIS 3396 (U.S. May 30, 2017). … Continue reading →
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Gershel on Sentencing Synthetic Cannabinoid Offenders
Brad Gershel has posted Sentencing Synthetic Cannabinoid Offenders: 'No Cognizable Basis' (American Criminal Law Review Online, Vol. 54 (2017)) on SSRN. Here is the abstract: Application of the United States Sentencing Commission Guidelines (“Guidelines”) to smokable synthetic cannabinoids (“SSC”) produces...
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Attorneys Who Learn a Second Language Have an Edge in Today’s Legal Arena
Everyone knows that the face of America is changing rapidly in terms of race and ethnicity. In fact, according to the Pew Research Center almost 59 million immigrants have come to the U.S. over the past 50 years, the majority of those immigrants from Asia and Latin America. As an attorney, whether in criminal or personal injury law, family or immigration law, or any other practice area having the ability to speak Spanish or even Chinese can be hugely beneficial. Another survey taken among 200 attorneys and commissioned by Robert Half Legal found that more than 40% of those lawyers recognize a need for more attorneys who are bilingual when hiring officers. For the most part, these lawyers felt a Spanish-speaking attorney would be a benefit to their firms. Why is speaking a second language or having an attorney on staff who is bilingual so important? There are lots of reasons, not the least of which is the ability to communicate clearly with the client and earn his or her trust.…
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Police in Florida Cannot Normally Require Blood Test in DUI Case Where There is No Death or Serious Bodily Injury
Most DUI cases result from a police officer alleging that he/she observed the driver commit some traffic violation after which a traffic stop is conducted and a DUI investigation follows. If the police officer believes the driver is impaired from alcohol, the officer will arrest the driver and take him/her to jail. Only after the driver is booked into the jail is he/she asked to blow in the breathalyzer to try to determine his/her blood alcohol content. Therefore, in most DUI cases, the police request that the driver submits to a breath test to try to find out the blood alcohol content. There are, however, other tests. Drawing blood and sending it to the crime lab is another way to try and determine a DUI suspect’s blood alcohol content. However, the police are not always allowed to request a blood to test alcohol content since that test is obviously more invasive than a breathalyzer test. A DUI suspect can always ask the police officer…
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News Scan
OK Appeals Court Upholds Death Sentence: An Oklahoma appeals court has ruled that while the victim impact statements by the mother, father and stepmother of a murdered 25-year old woman and her two young children, recommending a death sentence for the murderer were improper, they amounted to harmless error and should not be the basis for overturning his sentence. Ken Miller of the Associated Press reports that Shaun Bosse was convicted and sentenced to death for the brutal 2010 murders of his girlfriend, her 8-year-old son and 6-year old daughter. "Overwhelming evidence" indicated that Bosse stabbed the woman and her son to death and locked the little girl alive in a closet before setting the house on fire. Last October in Bosse v. Oklahoma the U.S. Supreme Court vacated and remanded the Oklahoma court's decision which held that the family members' recommendation of a death sentence were allowable, but invited the lower court's…
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Deportation and "Aggravated" Felonies
In Esquivel-Quintana v. Sessions, No. 16-54, the U.S. Supreme Court today waded once again into the messy question of what is an "aggravated felony" for the purpose of the federal law that says aliens who commit such felonies may be deported.The question is messy for two reasons. First, making legal consequences depend on judgments entered under the varying criminal laws of 50 states, the federal government, and the various other self-governing entities is an inherently messy problem. Second, the law is poorly drafted and fixing it has not been a priority for Congress.This case deals with the "age of consent" problem.
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FINRA President and CEO Robert Cook discusses FINRA360 and Consolidating Enforcement Divisions
On May 17, 2017, at the annual FINRA conference in Washington D.C., FINRA President and CEO Robert Cook discussed the recently-launched FINRA360 initiative: a top-to-bottom review of FINRA’s operations and organization. Cook recognized that 2017 marks FINRA’s ten-year anniversary since its “successful” but “complicated” merger of the National Association of Securities Dealers (NASD) and the regulatory arm of the New York Stock Exchange (NYSE). He stated that, for the first time since its inception, FINRA now has occasion to conduct a “comprehensive, organization-wide self-assessment and improvement initiative.” As part of FINRA360, Cook has been on what he dubbed a “listening tour.” During the listening tour, Cook has met with member firms, investors, and others from inside and outside the brokerage industry. He has also participated in a “continuing series of small member…
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Defending a DUI Charge
You should never take a DUI arrest lightly. Even a conviction on a misdemeanor DUI charge can result in you having to pay steep fines and spend time in jail. What’s more, after you have been convicted on a first DUI charge, a second arrest might be charged as a felony and subject to a mandatory minimum prison sentence and thousands of dollars in fines. Furthermore, if convicted of a felony DUI, you may lose your driver’s license, your right to vote, your ability to join the military and other civil rights. You will also be prohibited from working in certain industries and have trouble finding employment and housing. Therefore, it is important that you fight to keep even a first DUI conviction off of your record. An experienced DUI attorney can assess the circumstances of your arrest to try and find violations in protocol that may give rise to the dismissal of the charges against you. Ways to Handle a DUI Charge There are essentially two general ways to handle a DUI…
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Sweeping Abortion Bill Could Hit Numerous Parties with Felony Charges
A wide-ranging new bill on abortion could result in almost anyone who is involved in the process of an unlawful abortion in Texas being charged with a state jail felony. The legislation passed the Texas House on May 19. A report in The Observer highlighted the sweeping nature of this law. Representative Joe Moody, who is a former prosecutor, said those open to criminal charges would include the doctor who performed the abortion, the receptionist who booked the appointment and the person who drove the woman to the clinic. Even the bank teller who cashed the check that paid for the abortion could be open to criminal charges. Moody said he believed this was an unintended consequence of the legislation. However, his amendment to restrict those who could be prosecuted failed. The Observer spoke to other attorneys who feared the bill will give a new subjective tool to prosecutors who may have political motivations. The bill which hask of Governor Greg Abbott for signing…
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Inaccuracies with DWI Drugs Testing
Being arrested for a DUI in Louisiana is intimidating. If you have a DUI drugs charge pending, you may be scared to participate in a trial. You may falsely believe that pleading guilty to a crime you didn’t commit is your only option. Even if you used an illegal substance or prescription medication, you may not have been impaired as a driver. There may also be inaccuracies in the officer’s report or the crime lab analysis. Expert criminal defense attorneys James Bates and Robert McMillin understand the flaws of DUI drug cases and will successfully poke holes in the State of Louisiana’s case against you in order to get your charges dropped or dismissed. Falsities with DUI drug tests are known occurrences in the traffic law and scientific communities. A 2016 study from The Automobile Association of America (AAA), for example, reported the field sobriety tests were inaccurate measures of impairment in DUI drug arrests for marijuana and other drugs. In May 2017,…
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Agility, Kuwait-based logistics company, globally settles competitor’s whistleblower claims
On May 26, the Department of Justice announced that Kuwait-based Agility Public Warehousing Co., KSC, had agreed to settle civilly, administratively, and criminally, allegations originally brought by a competitor that the company defrauded the Department of Defense on food contracts. According to DOJ’s press release: Agility Public Warehousing Co. KSC (Agility), a Kuwaiti company, has agreed to globally resolve criminal, civil, and administrative cases arising from allegations that Agility overcharged the United States when performing contracts with the Department of Defense (DOD) to supply food for U.S. troops from 2003 through 2010. As part of the global resolution, Agility has agreed to pay $95 million to resolve civil fraud claims, to forgo administrative claims against the United States seeking $249 million in additional payments under its military food contracts, and to plead guilty to a criminal misdemeanor offense for theft of government funds. DOD’s Defense…
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I’ve Been Subpoenaed, Do I Have to Comply?
During an investigation into a criminal or civil matter, witnesses may be subpoenaed to court to supply evidence, such as documents and DNA, and to testify against defendants and report crimes. In some cases, obtaining witness testimonies and evidence is easy. In other cases, witnesses are reluctant to comply. If you’ve been subpoenaed, do you have to comply? What is a Subpoena? A subpoena is a document that orders a person to provide testimony during an investigation. In addition to appearing before the investigative body, the individual may also be required to produce documents and other evidence relevant to the case. Subpoenas are not typically issued to willing witnesses who are enthusiastic to come forward; they are generally reserved for those who initially refuse to appear. Ignoring or disobeying the orders within a subpoena may result in civil or criminal penalties. A Boston criminal defense lawyer can help you determine how to proceed if you’ve been…
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