Three decades ago, in Ake v. Oklahoma, the Supreme Court held that indigent criminal defendants have a constitutional right of access to a psychiatric expert in some cases. More specifically, the Court stated, “[W]hen a defendant demonstrates to the trial judge that his sanity at the time of the offense is to be a significant factor at trial, the State must, at a minimum, assure the defendant access to a competent psychiatrist who will conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense.” 470 U.S. 68, 83 (1985). This seemingly straightforward holding has spawned a number of long-running disputes in the lower courts. Among the more important lingering questions is this: May a state satisfy its obligation under Ake by supplying the defendant with access to a neutral expert who is equally available to both sides, or must the state engage an expert who will truly serve as a member of the defense team?…
Supreme Court Dodges Long-Running Dispute Over Defendant’s Right to Psychiatric Expert
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Commercial Vehicle Crash on Interstate 84 Near Eden
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: 06/21/2017 at 3:30 p.m. Please direct questions to the District Office On Wednesday, June 21, 2017, at approximately 1:30 p.m., the Idaho State Police investigated a commercial vehicle injury crash eastbound Interstate 84 at the onramp for exit 182, near Eden. Crystal Simpson, age 24, of Twin Falls, ID, was merging eastbound onto Interstate 84 in a Sterling tractor-trailer when she drove too quickly around the corner, lost control of her tractor-trailer, and rolled. Simpson was transported by air ambulance to Portneuf Medical Center in Pocatello, ID. Simpson was wearing a seatbelt. The eastbound onramp at exit 182 is still blocked at this time. The crash is under…
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Update - Commercial Vehicle Crash on Interstate 84 Near Eden
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: 06/21/2017 at 3:54 p.m. Please direct questions to the District Office *****Update***** The eastbound onramp at exit 182 is no longer blocked. 3725 / 3683 *****End of Update***** On Wednesday, June 21, 2017, at approximately 1:30 p.m., the Idaho State Police investigated a commercial vehicle injury crash eastbound Interstate 84 at the onramp for exit 182, near Eden. Crystal Simpson, age 24, of Twin Falls, ID, was merging eastbound onto Interstate 84 in a Sterling tractor-trailer when she drove too quickly around the corner, lost control of her tractor-trailer, and rolled. Simpson was transported by air ambulance to Portneuf Medical Center in Pocatello, ID. Simpson was…
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Blocking Crash SH41@Spirit Lake Cutoff Road
The Idaho State Police is currently on scene of a one vehicle log truck crash on SH41 at Spirit Lake Cutoff. The road is currently down to one lane with traffic delays. MKS
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Prop. 66 Oral Argument Video
The video of the June 6 oral argument in California's Proposition 66 case, Briggs v. Brown, is now available. The court's argument archive page is here. The argument is preceded by a tribute to Justice Werdegar, who is retiring this summer. It begins 27 minutes into the video. My 10 minutes begin at the 1:11 mark. My day-after post on the argument is here.
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CA9: LAPD’s and California’s 30 day vehicle impoundment policy violates 4A
LAPD’s and the State of California’s policy of requiring all impounded vehicles be held 30 days violates the Fourth Amendment. Plaintiff loaned her car to her brother-in-law who was arrested for a suspended license, and the car was impounded. She … Continue reading →
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Reckless burning vs Arson in Utah
Authorities are searching for information on the persons responsible for causing the wildfires that are tearing through Utah presently, but will those responsibility end up facing reckless burning or arson charges? What is the difference? 6,000 acres and counting The skies of southern and northeastern Utah are full of smoke as wildfires burn through nearly […]
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Supreme Court to Hear Cellphone Location Privacy Case
The law is constantly changing when it comes to mobile phones and other technology Before smartphones, you usually had to tell someone where you were out in the world. Today, smartphone technology makes it possible for friends and loved ones to see exactly where you’re located. Of course, if friends and family can see your location at any time, so can the police. But should they be able to do this without a warrant? Just because the technology exists, does that mean the authorities should have unfettered access to it? The Supreme Court has agreed to rule on whether police need a warrant before they can use mobile phone location data. SCOTUS Will Rule on Warrants for Smartphone Location Data The high court will decide if police must obtain a search warrant before getting location information from mobile phone companies. The Supreme Court case stems from a lower court case in which a man was convicted for a series of armed robberies in Ohio and Michigan. In his case, the…
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OH3: Several months of pole camera surveillance violated no REP
Pole camera surveillance for several months from a telephone pole across from defendant’s house violated no Fourth Amendment expectation of privacy. The view of his house was no different than could be seen by any passersby. State v. Thomas, 2017-Ohio-4356, … Continue reading →
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Terroristic Threats: Laws and Consequences in Texas
When an individual threatens to commit a criminally violent act against someone else, and when the intention of the threat is to terrorize another person, the actors commits a terroristic threat. A terroristic threat is considered a speech-based crime. It’s often difficult to discern if an individual’s acts alone constitute a criminal offense. Don’t risk more > The post Terroristic Threats: Laws and Consequences in Texas appeared first on The Law Office of Matthew D. Sharp.
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Henry Montgomery (of Montgomery v. Louisiana) re-sentenced to life with parole
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"Evangelical leaders push for criminal justice reform"
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Might marijuana reform help address the obesity epidemic?
The question in the title of this post is prompted by this notable new New York Daily News article headlined "Science: Regular consumption of marijuana keeps you thin, fit and active." I am not sure the article that follows entire backs up the implication of this headline, but here are...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/J_zKA_mp8AI" height="1" width="1" alt=""/>
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Blocking Crash SH41@Spirit Lake Cutoff Road
***Update*** State Highway 41 near Spirit Lake Cutoff is now back open. The crash investigation continues. Please use caution travelling through the area. The Idaho State Police is currently on scene of a one vehicle log truck crash on SH41 at Spirit Lake Cutoff. The road is currently down to one lane with traffic delays. MKS
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Calexico ‘Dreamer’ Sues Feds After Deported to Mexico
A young man named Juan Manuel Montes Bojorquez, 23, who may be the first “dreamer” to be deported under the Trump administration, has filed what could be the first “dreamer” lawsuit against the administration in San Diego federal court. The lawsuit demands the government release information about his case under the Freedom of Information Act (FOIA), to find out why he was deported. Mr. Montes was deported back to Mexico after being stopped by a border officer on a bike in Calexico on February 17th. He did not have any ID on him when he was detained. It is reported that Montes was not given an opportunity to see an immigration judge or attorney, and that he was escorted across the border in Mexicali without the copies of the papers that he signed. After he was removed to Mexico, the lawsuit claims that Montes was robbed in Mexicali at knifepoint of a suitcase of clothing. He snuck back in to the U.S. the next day with his wallet, and then turned himself…
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Fatal motorcycle crash US12 MP157.5
IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: <06/21/17 20:00 > Please direct questions to the District Office On June 21, 2017 at 12:28 pm, a fatality motorcycle crash occurred on US12 at milepost 157.5, near Powell, Idaho. A black 2003 BMW motorcycle, being driven by Gunter Keess a 75 year old of Hondo, Alberta, was westbound on US12 MP157.5 when he failed to negotiate a left curve, went off the right shoulder, over an embankment, striking a downed tree and several large rocks. Keess succumbed to his injuries at the scene of the crash and was transported to Trenary Funeral Home in Kooskia, ID. Keess was wearing his helmet at the time of the crash. Next of kin has been notified. <TNM> -------------
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Marcos Ibazeta Marino y el Movadef
Ayer en “Hora clave” se presentó el personaje del título, Ex – Juez Superior de la Corte Superior de Lima, declarando su preocupación y malestar por las nuevas formas –según él- de protesta ciudadana sin violencia, nueva amenaza contra el sistema en el que vivimos, señalo con cristalina precisión que este podrido sistema NO es el mío, NO es tampoco el submundo por el que transita el derecho y las instituciones tutelares del Perú. Apunta Ibazeta Marino que el marco jurídico (debieran pensar dos veces los que sostienen tal premisa) no puede coactar la “libertad de expresión” y en el colmo de la insensatez –por lo imposible de su postulado- tampoco se puede limitar el pensamiento pues son derechos fundamentales amparados por la Constitución, en lo que toca al pensamiento la protección es a las ideas no al…
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Washington Court Denies Negligent Infliction of Emotional Distress Claim
Negligent infliction of emotional distress is a cause of action available when a family member is at the scene of their loved one’s accident at the time of the accident or shortly thereafter and witnesses their injuries at the scene before there is a material change in the circumstances. In March, Division Three of the Washington Court of Appeals found that a woman could recover damages on a negligent infliction of emotional distress claim, despite knowing about the accident prior to arriving on the scene. Recently, Division One reviewed a case in which a mother knew her son had been killed in the accident before she arrived on the scene. The plaintiff’s 17-year-old son died from mechanical asphyxiation as a passenger in an automobile accident. The plaintiff lived near the scene of the accident. One of her son’s friends stopped by her home and told her to call her son because there had been an accident. The plaintiff testified that she…
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Can the Type of House You Live in Affect Your Constitutional Rights?
Most drug crime cases in Illinois involve police searches, and the Fourth Amendment to the U.S. Constitution requires the police to obtain a warrant for most searches. In its broadest terms, the Fourth Amendment protects our right to privacy. However, this presumes that we had a reasonable expectation of privacy in the first place. For example, if a police officer walks into your house and starts looking around, that would clearly be a violation of your privacy. Yet suppose you live in an apartment building and an officer searches the lobby, which is unlocked and accessible to the public. Illinois courts have said such searches of “common areas” do not require a warrant because there is no reasonable expectation of privacy. Still, even within an apartment building, there are limits to how far the police can go. In a 2016 case, the Illinois Supreme Court held that police could not conduct a warrantless search outside an apartment door that was “located…
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Pot and Auto Accidents
Solomon Banda reports for AP:A recent insurance study links increased car crash claims to legalized recreational marijuana.The Highway Loss Data Institute, a leading insurance research group, said in study results released Thursday that collision claims in Colorado, Washington, and Oregon went up 2.7 percent in the years since legal recreational marijuana sales began when compared with surrounding states.Legal recreational pot sales in Colorado began in January 2014, followed six months later in Washington, and in October 2015 in Oregon."We believe that the data is saying that crash risk has increased in these states and those crash risks are associated with the legalization of marijuana," said Matt Moore, senior vice president with the institute, which analyzes insurance data to observe emerging auto-safety trends.As always, we should avoid jumping to a conclusion based on one study, particularly a correlational study with a small sample. The HLDI report is…
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