Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71824 articles
Browse latest View live

M.D.Pa.: Def kept talking about her husband’s drug activities after ticket issued; that was a consensual extension of the stop

0
0
An unlit license plate light was enough for a stop. “Because Defendant had already been issued a traffic citation and then proceeded to initiate further conversation with Officer Monte about her husband’s drug-related activities, the court finds that, under the … Continue reading →

New Jersey Says No To Avvo Fee-Spitting Scheme

0
0
Remember that tech train lawyers were told they had to hop on or it would pass them by? Well, it doesn’t stop in New Jersey anymore. On June 21, 2017, the Advisory Committee on Professional Ethics, Committee on Attorney Advertising, and Committee on the Unauthorized Practice of Law issued a Joint Opinion (ACPE Opinion 732, CAA Opinion 44, UPL Opinion 54) stating that the legal service program operated by Avvo through its website is an impermissible lawyer referral service, in violation of Rules of Professional Conduct 7.2(c) and 7.3(d), and comprises improper fee sharing with a nonlawyer in violation of Rule of Professional Conduct 5.4(a). New Jersey lawyers may not participate in the Avvo legal service program. The program specifically referred to is Avvo Advisor, its 15-minute consultations for $39.95, of which Avvo takes $10 as its advertising fee. New Jersey calls bullshit. The first question asks whether lawyers who participate in these…

NICOLÁS LUCAR Y "La Revista"

0
0
NICOLÁS LUCAR Y “La Revista” El de ayer 24 de junio de 2017 ha sido el programa de Nicolás Lucar el más despreciable de nuestra televisión, un par de comerciantes coimeros, sinvergüenzas y todas las porquerías juntas de la especie humana que hacen suyas, frente a representantes de la autoridad edil tan rastrera como aquellos, echándose la culpa de la desgracia POR LOS MUERTOS del incendio de la Galería “Nicolini”, la pérdida del dinero e inversiones es responsabilidad EXCLUSIVA de los coimeros y coimeadores tramposos, estafadores, falsificadores y demás lacras, NADA TIENEN QUE RECLAMAR Y MUCHO QUE EXPLICAR. Las repugnantes personas en el programa, especialmente los comerciantes el otro par NO me constan que sean corruptos pero representan todo el negociado alrededor de las licencias municipales EN TODOS LOS DISTRITOS y PROVINCIAS  de Lima y altamente probable se replique en…

No Joy In Hungville, Mighty Prosecutors Have Struck Out

0
0
Much has been made of the acquittal of Jeronimo Yanez for the killing of Philando Castile, and lets not forget that this isn’t the first time that the batting average of prosecutors took a dive when it was a cop in the dock. Greg Prickett provides a short review. University of Cincinnati Police Officer Ray Tensing just had his second trial for the murder of Samuel DeBose end in a hung jury. In Minnesota, Saint Anthony Police Officer Jeronimo Yanez was acquitted for the killing of Philando Castile. In Wisconsin, Milwaukee Police Officer Dominique Heaggan-Brown was acquitted in the reckless homicide of Sylville Smith. Tulsa Police Officer Betty Jo Shelby was found not guilty of manslaughter. Hummelstown, Pennsylvania Police Officer Lisa Mearkle acquitted of murder. Cleveland Police Officer Michael Brelo, acquitted. North Charleston Police Officer Michael Slager, mistrial on state murder charge. I could go on and on. Greg’s purpose isn’t to fuel another round of…

SEÑOR ALFONSO GRADOS MINISTRO DE TRABAJO

0
0
Deje usted de mostrarnos su incapacidad con frase como “lamentablemente”, necesitamos miles y miles de inspectores para supervisar, ni palabrejas como “estamos fortaleciendo” igualito como su jefe, no hable de “derechos laborales” cuando estos se vulneran diariamente desde hace muchísimos años. Tiene usted el cuajo de anunciar un Tribunal del Sunafil del “más alto nivel”, títulos de doctores (¿ignora usted que también se “falsifican” en Azángaro?) en el fondo será constituido por gente que pertenece al cogollo del poder en el Perú, ¿Qué clase de Tribunal será, ¡¡defensor de todas las violaciones que cometen sus pares empresarios contra el trabajador!!. Si realmente tiene la honesta y sana intención de combatir la informalidad NO necesita “lamentarse” ni exigir más trabajadores. Con un…

Case o' The Week: First Impression, Depression - Cervantes and Cali "Mandatory Supervision" Searches

0
0
  Jaywalk, stopped, searched, hotel room key found -- then room secretly searched without a warrant or reasonable suspicion of crime.   Jaywalking is dangerous.United States v. Steven Cervantes, 2017 WL 2622776 (9thCir. June 19, 2017), decision available here.The Honorable Judge Paul WatfordPlayers: Decision by Judge Watford, joined by Judges McKeown and Trott.   Hard-fought appeal by CD Cal AFPD Michael Tanaka. Facts: Cervantes pleaded guilty to felony drug and counterfeiting charges in California. Id.at *1. He received a split sentence under the 2011 California “Realignment Act.” That suspended the second part of the term: a period called “mandatory supervision.” Id. Those on “mandatory supervision” are supervised in the same manner as those on probation. Id. Cervantes agreed to mandatory terms of supervision, including a warrantless, suspicionless search condition. Id. at *2.   After Cervantes was…

Anniversary of Riley v. California

0
0
Today marks the 3rd anniversary of the landmark decision in Riley v California in which the Supreme Court unanimously held that a warrantless search and seizure of the digital contents of cell phones during an arrest is unconstitutional. The Cases The cases that eventually became the basis of the decision in Riley v. California[1] are interesting to say the least, and highlight why a Supreme Court decision on the matter was vital in settling the question of the constitutionality of these warrantless searches. Continue reading

Law Enforcement Tactic Originally Authorized for Anti-Terror Operations Reportedly Being Used in Drug Enforcement Instead

0
0
The Fourth Amendment prohibits police from searching a person or their premises, or from seizing their property, without a warrant issued by a court upon a showing of probable cause. The War on Drugs, which began in the 1970s, considerably expanded law enforcement’s powers, and laws passed in the last 15 years as part of the “War on Terror” expanded them even further. Now, tactics that were originally authorized for counter-terrorist activities are primarily used in drug enforcement operations. A bill passed by Congress in 2001 authorized Delayed Notification Search Warrants (DNSWs), also known as “sneak and peek” warrants. Civil rights advocates charge that DNSWs allow law enforcement to engage in what are essentially legalized burglaries of private residences, raising serious Fourth Amendment concerns. When executing a search warrant, officers must normally follow the “knock-and-announce” rule, meaning they must identify…

Defendant Charged with Alleged Copyright Scam Pleads Guilty to Federal Conspiracy Charges

0
0
Cyber crime, as an area of legal practice, regularly presents new challenges on both sides of the criminal justice system. Despite new technologies and new laws, prosecutors often use laws that have been around since telephones were still relatively new to take on alleged schemes that rely heavily on the internet. Federal prosecutors recently brought fraud charges against a pair of defendants accused of an elaborate scheme involving false claims of online copyright infringement. United States v. PH, et al., No. 0:16-cr-00334, indictment (D. Minn., Dec. 14, 2016). The case illustrates many of the unusual challenges of cyber crime law. Copyright protection gives an author of creative works, such as books and films, the exclusive right to use, distribute, display, or license the use of a copyrighted work. The use of a copyrighted work without the copyright owner’s permission may constitute copyright infringement and could potentially result in liability to the…

Steuerbelastung in der Schweiz 2016

0
0
Die Eidgenössische Steuerverwaltung (ESTV) hat am 14. Juni 2017 die „Steuerbelastung in der Schweiz, Kantonshauptorte – Kantonsziffern 2016“ publiziert. Die Publikation enthält die Resultate der von der ESTV berechneten unterschiedlichen Steuerbelastungen der Kantone und Gemeinden inkl. Kirchensteuern für ausgewählte Steuersubjekte. Die nachstehenden Steuern werden dabei behandelt: i) Einkommens- und Vermögenssteuern der natürlichen Personen ii) Erbschaftssteuern iii) Reingewinn- und Kapitalsteuern der juristischen Personen Die ausführlichen Datengrundlagen können unter folgendem Link auch einzeln abgefragt werden. Darunter finden sich auch die folgenden interessanten Auswertungen: a) Tax Freedom Days 2016b) Grafische Darstellung der Steuerbelastung 2016 in den Kantonenc) Kartografische Darstellung der Steuerbelastung 2016 in den GemeindenLeonhard Scheerhttp://www.lawblogswitzerland.ch

9th Circuit: Rehearing denied in case barring sentencing judge from overriding affirmative jury finding of drug quantity; district court erred in barring defendant from arguing that statute did not apply to his postings on child porn bulletin board; jury instruction in firearms-transportation case erroneously failed to require intent to commit particular crime charged

0
0
United States v. Pimentel-Lopez, — F.3d —, 2016 WL 9076502 (9th Cir. June 1, 2017): Rehearing denied in case barring sentencing judge from overriding jury’s affirmative finding of drug quantity A blog entry posted in this space on July 30, 2016 covered the original panel opinion in United States v. Pimentel-Lopez. In a nutshell, the panel held that when a jury makes an affirmative finding that the defendant possessed less than a specified amount of narcotics, the sentencing court cannot later find that he actually possessed more than that amount. The government filed for en banc rehearing. The court voted against rehearing, but the panel amended its opinion and six judges dissented from the denial of rehearing. In response (presumably) to the views of the dissenting judges, the panel added language to the opinion illustrating how the verdict form could have been structured to prevent the problem, and noted that the government “can easily avoid this…

C&C Gets Around

0
0
Two weeks ago, I wrote in this space that Special Counsel Bob Mueller has a conflict of interest (his long friendship with a major witness and possible investigative subject, Jim Comey) that requires his recusal.  I thought the topic sufficiently important that I submitted my entry in slightly revised form to USA Today, which printed it. A colleague of mine at Georgetown Law tells me that it was mentioned in a Washington Post story the next day.  The mention was hardly prominent, coming six paragraphs from the end of a somewhat long article, but it did get my attention.The person the Post reported was reading and tweeting about the argument first outlined on C&C has the initials DJT. The WaPo had this to say:Earlier this week, one of the president's sons, Donald Trump Jr., highlighted on Twitter an op-ed in USA Today that argued that Mueller should recuse himself from the Russia investigation because he has a potential conflict of interest, given…

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

0
0
are here. The usual disclaimers apply. Rank Paper Downloads 1. The Use of Risk Assessment at Sentencing: Implications for Research and Policy Jordan M. Hyatt and Steven L. Chanenson Drexel University and Villanova University School of Law Date Posted: 02...

Could mental illness be the next big battle-front in debates over capital punishment?

CA9: Intervenors show no standing to challenge admin. SDT to Oregon Prescription Drug Monitoring Program

0
0
Intervenors showed no Art. III standing to challenge the DEA’s administrative subpoenas to the Oregon Prescription Drug Monitoring Program. Art. III standing requires that they show independent standing to sue. Oregon Prescription Drug Monitoring Program v. United States Drug Enforcement … Continue reading →

*Update* Injury Crash in Idaho Falls on I15

0
0
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 6/26/2017 1:53 p.m. Please direct questions to the District Office ***Update*** Correction to earlier press release: the motorcycle was originally northbound on Interstate 15, the motorcycle came to rest near the southbound I15 on-ramp. 3435/3725 _________________________ On Monday, June 26, 2017, at approximately 6:30 a.m., the Idaho State Police investigated a motorcycle crash with injuries near Interstate 15 on-ramp for exit 119 in Idaho Falls. Mickelo Harris, 42, of Idaho Falls was driving southbound on Interstate 15 on a 1982 Honda Motorcycle. Harris took the 119 off-ramp, failed to maintain lanes, driving over to the left shoulder where he lost control of the motorcycle. …

SCOTUS avoids deciding El Paso cross border shooting case and remands to CA5

0
0
The El Paso-Ciudad Juarez cross border shooting case remanded by SCOTUS to the Fifth Circuit for reconsideration in light of a decision from the Court on June 19th on whether Bivens applies. Hernández v. Mesa, 2017 U.S. LEXIS 4059 (June … Continue reading →

Feds Announce Five Gun Crime Guilty Pleas

0
0
Federal law enforcement officers from agencies such as the FBI, DEA and ATF rarely patrol our streets, and they have far less contact with the public than state and local officers. As a result, common firearms crimes such as possession of a handgun are typically handled in state court, as local police officers are usually the ones making the arrests on these cases. A typical federal firearms case could involve the ATF busting an illegal gun trafficking ring or the DEA making a drug bust and seizing firearms in the process. Each of these examples usually involves a formal investigation possibly including confidential informants, wiretaps and search warrants where the feds continue to build a case as the crime is ongoing. In contrast a state firearms case typically starts as a traffic stop or a call to investigate a completed crime. This type of case rarely ends up in U.S. court, but federal prosecutors in Baltimore are trying to get the word out that no gun case…

IDENTITY FRAUD CHARGE DISMISSED/WIRETAP LAW CHARGE DISMISSED

0
0
GB, a 25 year old immigrant from Nigeria, got involved in a scheme to defraud. Women in Texas were contacted online by a man (AB). The man romanced the women online and proposed to them and told them he needed them to wire money into a bank account of another man (CD – a fake name) so that the money could be used to buy a house for AB and the women to move into once they were married. Unbelievably the women bought into the scheme and wired the money into a bank account. AB had given the women the necessary information for them to wire the money to the specific bank account. GB, working with AB, had opened an account at a bank in Lawrence. To open the bank account GB had obtained a fake Zimbabwe driver’s license and a fake Zimbabwe passport in the made up name (CD). The account was opened in the fake name (CD). The women would wire the money into the account and then GB would withdraw it. The scheme netted over $40,000.00. Eventually bank security flagged the account…

Opinion holding that ineffective postconviction counsel does not excuse procedural default of claim of ineffective appellate counse,l

0
0
Justice Thomas delivered the opinion of the Court in Davila v. Davis. Justice Breyer dissented, joined by Justices Ginsburg, Sotomayor, and Kagan.
Viewing all 71824 articles
Browse latest View live




Latest Images