The Court issued a per curiam opinion in Hernandez v. Mesa. Justice Gorsuch did not participate.
Opinion remanding cross-border shooting case
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Update: Crash blocking traffic on US26
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: 06/26/17 3:06 p.m. Please direct questions to the District Office ***Update*** At this time all lanes of travel are now open. More information will be released as it becomes available. 3560 *** End of Update*** The Idaho State Police is currently on scene of a crash that is blocking both eastbound and westbound traffic on US26 at milepost 173 between Shoshone and Richfield. More information will be given as it becomes available. 3560 -------------
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CFPB Provides Updated Guidance Related to Loan Forgiveness Program
On Thursday, June 22, 2017, the Consumer Financial Protection Bureau (CFPB) provided updated guidance for supervisory examinations of student loan servicers. Richard Cordray, the Director of the CFPB, gave prepared remarks in Washington D.C. He explained his concerns related to the Public Service Loan Forgiveness program and how certain practices may be delaying or denying borrowers’ access to this debt relief. The Public Service Loan Forgiveness program allows those who accept certain public service jobs to have their debt forgiven after ten years. Director Cordray discussed a new CFPB report that highlights complaints concerning practices of student loan servicers that may hamper the program’s intentions. The report focused on analyzing a year of complaints from borrowers, which reflected a delay or denial of promised debt relief. Primarily, the complaints included incorrect, untimely, or inadequate information from servicers about…
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Two immigration cases set for reargument
Issue summaries are from ScotusBlog: Jennings v. Rodriguez: (1) Whether aliens seeking admission to the United States who are subject to mandatory detention under 8 U.S.C. § 1225(b) must be afforded bond hearings, with the possibility of release into the...
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//blawgsearch75.rssing.com/chan-6519914/article25605-live.html
US v. Strickland, No. 14-30168 (6-26-17)(Kozinski w/Fisher & Watford). This is another "categorical" decision. The 9th holds that a conviction for third degree robbery under Oregon law is not a violent felony for ACCA purposes.In Johnson, 135 S. Ct 2551 (2015), the Court found the residual clause of clause of 924(e)(2)(B) constitutionally vague. The government argues though that robbery would be a predicate offense under the "force" clause. The 9th will have none of it. Oregon State cases do not require physical force for third degree robbery. Thus, under the categorical approach, it is not a force predicate.Congrats to Elizabeth Daily and Steve Sady of the Oregon FPD for its amicus brief.The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2017/06/26/14-30168.pdf
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TDCAA: Some Texas probation, parole orders may violate new SCOTUS ruling on sex-offender access to the internet
How will the new Supreme Court ruling in Packingham v. North Carolina - which forbade blanket bans on use of the internet for sex offenders - affect Texas cases? The Texas District and County Attorneys Association offered this preliminary analysis:Texas does not have a statute that criminalizes a sex offender’s access to social media websites, but Texas does have statutes that permit orders prohibiting a sex offenders’ access to social networking sites, both as a condition of parole (§508.1861(b)(1)(B) of the Government Code) and as a condition of probation (Art. 42A.454(b)(2) of the Code of Criminal Procedure). Based upon the broad language of this decision, it seems likely that a wholesale prohibition of access to Facebook or Twitter or Instagram would be unconstitutional. A more directed condition, prohibiting communication with minors or prohibiting access to chat rooms or dating websites, would seem to be permissible, even under this decision. But it is…
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NYTimes: Mishandle a Fraud Search, and All That Fine Evidence Could Be for Nothing
NYTimes: Mishandle a Fraud Search, and All That Fine Evidence Could Be for Nothing by Peter J. Henning: A search conducted at a home or business can feel like a terrible violation of privacy. When a score of agents tramp … Continue reading →
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Ferzan on The Responsible Corporate Officer's Duty
Kimberly Kessler Ferzan (University of Virginia, School of Law) has posted Probing the Depths of the Responsible Corporate Officer's Duty (Criminal Law and Philosophy, Forthcoming) on SSRN. Here is the abstract: Many criminal law scholars have criticized the Responsible Corporate...
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WILL A DUI IN CALIFORNIA AFFECT YOUR PROFESSIONAL LICENSE?
If you are a licensed professional in California, a DUI conviction could affect your license status. In this age when law enforcement information is immediately shared electronically with the state, which in turn, alerts the state boards that license certain professions, you can be sure the board that license you will learn of your DUI conviction. Typically, the license board will receive notice from the state within 30 days of a conviction. Furthermore, most state licensing boards require current licensees to report any conviction, including DUIs within a certain period of time. After a DUI conviction, the licensing board will conduct an inquiry and/or investigation. Licensing Boards will usually contact the licensee and ask for his or her explanation of the conviction. Depending on the nature of the conviction and the particular license, the licensing board may conduct an administrative hearing before an administrative judge. This hearing is similar to a court trial but less…
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The War On Drugs In California
CREATE THE ENEMY AND MAKE THE WAR: AMERICA’S WAR ON DRUGS The History Channel is running a very interesting Docuseries about the War on Drugs. Many viewers of the series may be shocked to learn how one arm of the government has been prosecuting the War on Drugs while the other arm is actually facilitating the entry of drugs into the United States. The documentation leaves no question that the history of drugs in this country is a history of the United States government, and in particular the military/security agencies, as the drug kingpin. Does that sound outrageous? Unfortunately, it is documented truth. Many readers will recall the Iran-Contra affair, if not the details, at least the name. The Iran-Contra affair was a complicated conspiracy to bring weapons to the Contra rebels fighting the nascent “Communist” government in Nicaragua in the 1980’s. The United States Congress had passed a law forbidding weapons sales to the Contras, but those in the…
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BOLO...OR JUST SAY NO
Todays post is about the over-worked, under-appreciated cog in the court system: the bailiff. A great bailiff is like a great umpire: s/he is doing their job well when you don't notice them working. Every well-run courtroom needs a competent judge and a great bailiff. A good bailiff shows compassion to the litigant, whispers a well placed tip in a lawyer's ear ("check your fly counselor" is always our favourite, especially when it's up), and keeps their judge grounded and focused. A bad bailiff lets the badge go to their head. They try and close the courtroom although the law doesn't allow it. They try and stop people from texting on their cell phones when they have no authority to do so, and they are rude to people who need their help - like litigants who show up late and are worried they missed their court appearance. Which brings us to this @Davidovalle305 tweet:Not sure what a "GRM" is, but at least they are…
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SCOTUS denies cert on Wisconsin case with defendant challenging risk-assessment sentencing
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Supreme Court Rules Brady Offers Little Relief to The Guilty
In 1963, the U.S. Supreme Court in Brady v. Maryland held that criminal prosecutors must disclose evidence favorable to a defendant, upon his or her request, that is material to either guilt or punishment. In 1985, the Supreme Court in United States v. Bagley held that “’overriding concern [is] with the justice of the finding of guilt.’” Put another way, a guilty verdict must be constitutionally just. Ensure Justice be Done Ten years later the Court in Kyles v. Whitley said a prosecutor’s interest in the prosecution of a criminal case is not to “win a case, but [to ensure] that justice shall be done.” These clear-headed principles are critical to maintaining a fair and just adversarial criminal trial process. There is no corner for cheating by manufacturing evidence indicating guilt or suppressing evidence that is exculpatory of guilt or withholding evidence that would impeach evidence seemingly…
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Juvenile DWI/DUI Laws and Consequences
Over 3,000 teenagers die each year in alcohol-related accidents. Additionally, the rate of drunk-driving accidents is higher for motorists between the ages of 16 and 20. This high rate is due to teenagers’ inexperience with alcohol and the fact that they take greater risks while being less cautious. When a teenager gets behind the wheel […] The post Juvenile DWI/DUI Laws and Consequences appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Tucker on Wage Theft
Eric Tucker (York University - Osgoode Hall Law School) has posted When Wage Theft Was a Crime in Canada, 1935-1955(Osgoode Hall Law Journal, Vol. 54(3)) on SSRN. Here is the abstract: In recent years the term “wage theft” has been...
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Trumpcare: Everything That Is Despicable About The GOP In One Bill
This is the final, febrile end-stage of the prion disease that has afflicted the Republican Party since Ronald Reagan first fed it the monkeybrains in 1981. -- Charles PierceThe Senate's health care bill, cobbled together in secrecy by a few white men without input from health care experts or stakeholders (or even Republican women Senators) and rushed towards a vote before its impact could be fully digested, is a heartless piece of crap that would be devastating to the poor while providing a massive tax cut to the already-wealthy. It does nothing to address the overarching problems with our nation's health care such as controlling rising costs or stabilizing insurance markets. Oh, and it would defund Planned Parenthood too. In short, it encapsulates perfectly today's Republican Party: mean-spirited, lacking transparency, unconcerned about policy, and bolstered by lies and obfuscation.While it appears that the bill is…
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Strange on Pardons, Parole, and Prohibition
Carolyn Strange (Australian National University (ANU)) has posted Pardon and Parole in Prohibition-Era New York: Discretionary Justice in the Administrative State (Osgoode Hall Law Journal, Vol. 54(3), Forthcoming) on SSRN. Here is the abstract: Historians of early-modern England and British...
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Not Every Felony Conviction Permits a Prison Sentence
They say that if you can’t explain something to a sixth grader–you probably don’t understand it. Unfortunately, some legal concepts don’t fit nicely into a tiny article like this. Yes, I’m already making excuses, and we’re not even three lines into this. More importantly, I’m warning you that this article tends to be a bit detailed (boring?). So many “scoresheet” issues come up these days, I thought it would be nice to start delving into them. This article may sound a bit like an episode of Inside Baseball, but for those poor folks who find themselves facing possible prison time on a felony–I hope this article provides you some insights and comfort. We defense attorneys constantly complain about the minimum mandatory sentences imposed by our legislature. Sentencing is supposed to be the job of the judge. Mandatory sentences unfairly tie the hands of our judges, who…
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Collins on The Criminalization of Title IX
Erin R. Collins (University of Richmond School of Law) has posted The Criminalization of Title IX (Ohio State Journal of Criminal Law, Vol. 13, No. 2, 2016) on SSRN. Here is the abstract: The recent spate of media and political...
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Foreclosure Rescuers Plead Guilty in Texas
Mortgage Fraud Blog. Christina Renee Caveny, 37, Dallas, Texas pleaded guilty to one count of conspiracy to commit mail fraud. Bruce Kevin Hawkins, 52, Desoto, Texas, pleaded guilty to one count of mail fraud. Caveny faces a maximum statutory penalty of five years in federal prison and a $250,000 fine while Hawkins faces a maximum statutory penalty of twenty years […] The post Foreclosure Rescuers Plead Guilty in Texas appeared first on Mortgage Fraud Blog.
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