Intricate disputation of AG Sessions' recent defense of his new tougher federal charging/sentencing policy
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Seventh Circuit panel again finds below-guideline sentence for abusive police officer unreasonable
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Report Shows 2016 Record-Setting Year for Class Action and SEC Settlements
Last week, proxy advisory firm Institutional Shareholders Services (“ISS”) published its semi-annual report of the top 100 U.S. securities class action settlements and top 50 SEC settlements of all time, as of December 31, 2016. The report adds thirteen new class action settlements from last year – making 2016 the most represented year in the report’s settlement rankings – along with two new top SEC settlements. The ISS report ranks, among other things, the top 100 shareholder class action settlements ever reached in the U.S. for actions filed on or after January 1, 1996, when the Private Securities Litigation Reform Act was implemented. ISS’s June 2017 report reflects that there were 137 court-approved securities class action settlements in the US in 2016, remaining steady with 2015. Notably, however, 13 of the 137 class action settlements were among the top 100 shareholder class action settlements, resulting in a total approved settlement…
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Multiple Vehicle Crash on Interstate 84 East of Stage Stop
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 06/20/2017 at 2:10 p.m. Please direct questions to the District Office The Idaho State Police is investigating a multiple vehicle crash eastbound Interstate 84 at milepost 78, east of the Stage Stop. The eastbound lanes of Interstate 84 are blocked at this time. More information will be released as it becomes available. 3725/3318 -------------
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When is Ignorance of the Law an Excuse?
An ancient maxim of the law is ignorantia juris non excusat, or ignorance of the law does not excuse. Put another way, it is presumed that the public knows the laws, and a defense of ignorance is typically not allowed. This principle is at the heart of the recent decision by the state supreme court in State v. Miller, ___ N.C. ___, (June 9, 2017). Facts Miller was convicted of the relatively new crime of possessing a pseudoephedrine product after having been convicted of a methamphetamine-related offense. The offense is found at G.S. 90-95(d1)(1)(c), part of a subsection prohibiting possession of precursor chemicals, and is a Class H felony. That prohibition became effective Dec. 1, 2013, and applies to offenses committed on or after that date. In effect, it bans anyone with a meth-related conviction from possessing pseudoephedrine, a common decongestant medicine (and meth ingredient). Around five weeks after the effective date, Miller was charged with violating it after…
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SEALING MAINE CRIMINAL AND JUVENILE RECORDS.
SEALING MAINE CRIMINAL AND JUVENILE RECORDS. Posted by Edmund R. Folsom, Esq., June 20, 2017. 1. Adult Records Maine has no process for expunging criminal records. As a general rule, once a person is convicted of a crime in Maine, there is no way to shield that conviction from the public other than by securing a governor’s pardon. This is true no matter how much time has passed or how extraordinarily the person has turned her life around. There is one exception to this general rule, but it’s a very narrow exception. Title 15 of the Maine Revised Statutes, §§2251-2258, creates a process to apply for a court to limit dissemination of information related to a criminal conviction. The process has been in place since October 15, 2017, and it is set for repeal on October 1, 2019. 15 M.R.S. §2259. It applies only to those who were at least 18 but not yet 21 years old when the crime was committed, and it…
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Hodgson on Preventing Detention
Jacqueline Hodgson (University of Warwick - School of Law) has posted Legitimating Preventive Detention: A Comment on 'Exceptional Laws in Europe with Emphasis on 'Enemies'' (in Caianiello, M. and Corrado, M. (eds) Preventing Danger: New Paradigms in Criminal Justice (Durham,...
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Eisenberg et al. on Exclusion of Women and African-Americans from Capital Juries
Ann M. Eisenberg, Amelia Courtney Hritz, Caisa E. Royer and John H. Blume III (University of South Carolina - School of Law, Cornell University, College of Human Ecology, Law, Psychology and Human Development Program, Students, Cornell University, College of Human...
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What Factors Lead to Retrial of a Criminal Case?
The post What Factors Lead to Retrial of a Criminal Case? appeared first on Gregory & Waldo 702-830-7925. In the United States, most criminal cases never see the inside of a courtroom. Those that do proceed that far tend to involve crimes of the greatest severity. However, for cases that do end up in court, retrial is occasionally possible. While the Fifth Amendment’s double jeopardy clause protects a defendant against being tried twice for the same offense, this protection does not kick in immediately. No one will enjoy its benefits immediately following arrest or even after the prosecutor has filed charges. On the other hand, double jeopardy will apply after: The jurors in a jury trial have taken the oath. The registrar in a bench trial swears in the first witness. The judge in either type of trial has accepted a guilty plea. What happens, though, in cases where none of these conditions play a role? Does the defendant lose double jeopardy protection? The Factors…
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Falsifying Drug Test Results: What Happens if You’re Caught Falsifying a Drug Test?
Individuals who are facing drug tests because they are on bond or on probation sometimes panic and look for ways to defeat drug tests. A quick Internet search reveals hundreds of tips and tricks for passing a drug test, including potions, pills, and urinators – aka “whizzinators.” Ironically, in many instances falsifying a drug test puts the person in a much worse position than they would have been had they admitted drug use. What happens if you get caught falsifying drug test results? Falsifying drug test results is a crime in Texas. The reasons people try and fake a drug test vary. Many are on probation and trying to stay out of jail. Others are trying to get — or keep — a job. Regardless of the reason, it is illegal in Texas to try and cheat a drug test. Under Section 481.133 of the Health and Safety Code, an individual commits the offense of falsification of a drug test by knowingly or intentionally: (a) using or possessing with intent to…
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Falsifying Drug Test Results: What Happens if You’re Caught Falsifying a Drug Test?
Individuals who are facing drug tests because they are on bond or on probation sometimes panic and look for ways to defeat drug tests. A quick Internet search reveals hundreds of tips and tricks for passing a drug test, including potions, pills, and urinators – aka “whizzinators.” Ironically, in many instances falsifying a drug test puts the person in a much worse position than they would have been had they admitted drug use. What happens if you get caught falsifying drug test results? Falsifying drug test results is a crime in Texas. The reasons people try and fake a drug test vary. Many are on probation and trying to stay out of jail. Others are trying to get — or keep — a job. Regardless of the reason, it is illegal in Texas to try and cheat a drug test. Under Section 481.133 of the Health and Safety Code, an individual commits the offense of falsification of a drug test by knowingly or intentionally: (a) using or possessing with intent to…
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Yadin on Virtual Reality Intrusion
Gilad Yadin (University of Haifa, Faculty of Law) has posted Virtual Reality Intrusion (Willamette Law Review, Vol. 53, No. 1, 2016) on SSRN. Here is the abstract: This article ventures into the unchartered waters of virtual reality criminal law, presenting...
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Texas Lawmakers Pass Bill That Makes Attacks on Police a Hate Crime
Many states also have their own specific hate crime laws In May 2017, Texas lawmakers in the state senate passed a bill that would make attacks on police officers a hate crime under state law. The legislation makes it a second degree felony to restrain or assault a police officer — with a maximum sentence of 20 years in prison. Under the bill, a crime that results in death or bodily injury to a police officer would be a first degree felony with a possible sentence of life in prison. The proposed bill, House Bill 2908, passed both the state house and the senate. If signed by Texas Governor Greg Abbott, it will become state law. According to one media report, the bill was proposed in response to two attacks on police officers and law enforcement officials in Texas. In 2016, six police officers were killed in Dallas. In 2015, Judge Julie Kocurek was injured outside her home in Austin. If Governor Abbott signs the bill, it will go into effect on September 1, 2017. What Is a…
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Fascinating new OIG report examines implementation of former AG Holder's "Smart on Crime" initiative
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Update Multiple Vehicle Crash on Interstate 84 East of Stage Stop
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 06/20/2017 at 7:05 p.m. Please direct questions to the District Office ***Update*** At this time all eastbound lanes of Interstate 84 are open. More information will be released as it becomes available. 3638/4039 ***End of Update*** The Idaho State Police is investigating a multiple vehicle crash eastbound Interstate 84 at milepost 78, east of the Stage Stop. The eastbound lanes of Interstate 84 are blocked at this time. More information will be released as it becomes available. 3725/3318 -------------
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Fearing Trump turn, big bank no longer willing to serve national advocacy group Marijuana Policy Project
This new Washington Post article reports on a new reality in the banking space for the nation's leading marijuana reform advocacy group. The article is headlined "‘It is too risky’: Marijuana group says PNC Bank to close its accounts amid fears of a DOJ crackdown," and it begins this way:...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/r3CwY5sJ-_g" height="1" width="1" alt=""/>
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Hodgson & Soubise on Prosecution in France
Jacqueline Hodgson and Laurène Soubise (University of Warwick - School of Law and University of Warwick) have posted Prosecution in France on SSRN. Here is the abstract: This essay examines the increasingly ambivalent role and status of the French prosecutor,...
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Is Impaired Driving a Criminal Offence
Is impaired driving a criminal offence in Canada? A common misunderstanding among many Canadians is viewing impaired driving and "Over 80" charges as something less than "criminal". These charges are also commonly referred to as "drinking and driving," "DUI," or "DWI". As defence lawyers who have represented hundreds of individuals over the years for [...]
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Fatal Crash in Canyon County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 06/20/17 9:34 P.M. Please direct questions to the District Office On Tuesday, June 20, 2017, at approximately 4:15 P.M., Idaho State Police investigated a two vehicle fatal crash at the intersection of Riverside Road and Symms Road in Canyon County, just west of Lake Lowell. John Hall, 23, of Marsing, was driving northbound on Riverside Road on a 2015 Ferguson tractor. Kevin Cherrington, 59, of Nampa, attempted to pass Hall on a 2010 Harley Davidson motorcycle. Cherrington collided into the tractor as it turned left onto Symms Road. Cherrington succumbed to his injuries at the scene of the crash. Cherrington was not wearing a helmet. The intersection of Riverside Road…
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Keene on Reasonable Suspicion and Racial Bias
Sherri Lee Keene (University of Maryland Francis King Carey School of Law) has posted Stories that Swim Upstream: Uncovering the Influence of Stereotypes and Stock Stories in Fourth Amendment Reasonable Suspicion Analysis (Maryland Law Review, Forthcoming) on SSRN. Here is...
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