Trump offers a submissive palm-up hand to Putin. “Trump ‘won’ Putin handshake: body-language expert.” Erm. No. Submissive dogs reveal their throats. Humans show their palms. . . . . The opposite of the dominant handshake is to offer your hand with the palm facing downwards … symbolically giving the other person the upper hand, like a dog exposing its throat to a superior dog.” . . . . When two dominant people shake hands, a symbolic power struggle takes place as each person attempts to turn the other’s palm into the submissive position. The result is a vice-like handshake with both palms remaining in the vertical position and this creates a feeling of equality and mutual respect because neither is prepared to give in to the other. Body Language — the Leverage in Your Hands. This never was really debatable. In fact, here’s Judi James, the same hack who told the New York Post that Trump “won” the handshake, a year…
Such an Alpha, He Even Piddles Himself Dominantly
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OH7: Bounty hunters have no license to enter as police officers do under state statute
While LEOs have the authority to break and enter to arrest a fugitive when they have an arrest warrant, state law grants no such power to bondsman. Conviction for criminal damaging affirmed for kicking in two doors, and the fugitive … Continue reading →
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W.D.Tenn.: No free standing 4A claim in 2255
2255 petitioner can’t make a free standing Fourth Amendment claim. Walker v. United States, 2017 U.S. Dist. LEXIS 104358 (W.D. Tenn. April 20, 2017).* Defendant’s post-conviction claim that the search warrant in his case were counterfeits was waived by his … Continue reading →
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Omoregie on Incarcerated Women's Rape Narratives
Jesse Omoregie (University of Bolton) has posted A Critical Review: 'Silent Survivors: Rape Myth Acceptance in Incarcerated Women's Narratives of Disclosure and Reporting of Rape' on SSRN. Here is the abstract: This paper reviews Heath, Lynch, Fritch, McArthur, & Smith,...
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Detective Chambers = Blown case (video)
Erekose calls out Detective Rick Chambers for the incredibly shortsighted and suspect based investigation which he carried out. The list of Chambers’ misconduct and errors and is long. Essentially, Chambers blew the case in the first two hours…
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How Do Officers Detect Intoxicated Boaters In Ohio?
This is the week of July 4th. For some, that means celebrating our nation’s independence with burgers, beer and boats. As alcohol is often mixed with boating, people are prosecuted and punished for boating under the influence (BUI). But how do law enforcement officers determine if a person’s ability to operate a boat is impaired by alcohol? Standardized Sobriety Tests And Sea Legs Law enforcement officers have historically investigated BUI using the same Standardized Field Sobriety Tests (SFSTs) as those used for DUI / OVI cases on land. Those tests include the Horizontal Gaze Nystagmus (HGN), the Walk And Turn (WAT) and the One Leg Stand (OLS) tests. In 1990, the U.S. Coast Guard, in conjunction with the International Association of Chiefs of Police (IACP), conducted a study regarding the utility of the SFSTs in the marine environment. The report from the study concludes the use of the SFSTs is effective for making the correct…
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Netflix Making a Murderer – Why You Need an Experienced Federal Criminal Appeal Attorney
Leading Lawyer Mick Mickelsen Explains Why experience matter in Federal Criminal defense cases if you have been watching Netflix Making a Murderer! When you’re a criminal defendant, it’s normal to feel frightened about the outcome of your case. In a federal criminal appeal, however, the stakes are much higher. You’re asking the appellate court to overturn the lower court’s decision. It takes a skilled and experienced federal criminal appeal lawyer to convince the appeals court that the lower court’s decision was incorrect says Mick Mickelsen a leading Federal Criminal Appeal Attorney. If you have Netflix, you may have been captivated by the recent series Making a Murderer. The show has followed the twists and turns of the criminal convictions and appeals of two men accused of sexually assaulting and murdering a woman in Wisconsin. In June 2017, a federal appeals court affirmed a lower court ruling overturning one of the men’s murder…
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DWI Child Passenger | Fort Worth DWI Defense
Driving While Intoxicated Child Passenger under the age of 15 is a felony offense, even if it is your first offense. Codified in Penal Code Section 49.045, provides: (a) A person commits an offense if: (1) The person is intoxicated while operating a motor vehicle in a public place; and (2) The vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age. (b) An offense under this section is a state jail felony. Punishment for DWI Child Passenger in Texas A conviction under this law is a felony that comes with a sentence of up to two years in jail, and a minimum sentence of 180 days. The sentence can also carry up to a $10,000 fine. A sentence can be enhanced further if a defendant has prior felony or DWI convictions, if a defendant’s BAC is greater than .15%, or if anyone is injured or property is damaged in an accident caused by the defendant’s DWI. CPS Involvement after DWI Child Passenger Not…
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DWI Child Passenger | Fort Worth DWI Defense
Driving While Intoxicated Child Passenger under the age of 15 is a felony offense, even if it is your first offense. Codified in Penal Code Section 49.045, provides: (a) A person commits an offense if: (1) The person is intoxicated while operating a motor vehicle in a public place; and (2) The vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age. (b) An offense under this section is a state jail felony. Punishment for DWI Child Passenger in Texas A conviction under this law is a felony that comes with a sentence of up to two years in jail, and a minimum sentence of 180 days. The sentence can also carry up to a $10,000 fine. A sentence can be enhanced further if a defendant has prior felony or DWI convictions, if a defendant’s BAC is greater than .15%, or if anyone is injured or property is damaged in an accident caused by the defendant’s DWI. CPS Involvement after DWI Child Passenger Not…
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WI analyzes at length whether defendant impliedly consented and then actually consented
Wisconsin analyzes at length whether defendant impliedly consented and then actually consented, concluding that he did. State v. Brar, 2017 WI 73, 2017 Wisc. LEXIS 395 (July 6, 2017)*: [*P35] Having concluded that Brar consented, we must determine whether his … Continue reading →
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CA2 looks at CSLI anew and still finds warrant not required
The Second Circuit declines to find its precedent in In re Application of the United States for an Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government was still binding. Looking at the issue anew … Continue reading →
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CA3: Ptfs dismissed their 4A claims to appeal 1A claim of right to video police in action, and they prevailed
There is a First Amendment right to video or photograph the police doing their jobs. Plaintiffs were arrested for doing that, despite a city policy saying it was legal, and the district court ruled against them on the First Amendment … Continue reading →
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NY4: Not granting a continuance of suppression hearing for unavailable witnesses was an abuse of discretion
The trial court erred in granting the motion to suppress for the nonattendance of its police witnesses after they were subpoenaed but didn’t show. The state sought an adjournment which the trial court denied. It was the first request for … Continue reading →
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Short Take: Who Are You?
Reading the comments to David’s post yesterday, something struck me. Some, well-known here from their prior comments, had something to say, whether serious or fun. Others, unknown, did what so often annoys: took orthogonal flight from the point of the post toward whatever popped into their head. Whether it’s what you think, believe or feel, what makes you feel compelled to express your value system? Why, oh why, do you suppose anyone, anywhere, cares? This is the perpetual mystery of the internetz, that random people believe they get a vote, that their feelings matter. Some include tidbits of information, of dubious factual basis and even more dubious relative merit, as if this will overcome the core of their comment, that X matters to them more than Y. If you’re someone whose views should be taken seriously by others, then say so. Perhaps your sensibilities matter. Perhaps not. Without knowing, however, you’re just making random noise online. Your views…
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WI: Tax assessor’s effort to see interior of home for assessment implicates the 4A
The tax assessor’s demand to see the interior of plaintiffs’ house is a search governed by the Fourth Amendment. Because it is the home, it is not “minimal,” and there is no administrative search exception that permits it. The city … Continue reading →
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CA9 affirms $1.25M verdict for search of wrong house in Pima Co. AZ
Plaintiffs’ neighbor made a 911 call about a possible altercation with a gun. The Pima County AZ Sheriff’ Office arrived, beat on the door and ordered the plaintiffs out, handcuffed them and placed them in police cars, and then searched … Continue reading →
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Jurisdiction for revocation of supervised release where revocation also imposed in other District on concurrent case and local Probation Office was not supervising releasee
In United States v. Johnson, 2017 WL 2819210 (June 30, 2017), http://www2.ca3.uscourts.gov/opinarch/163268p.pdf, the Third Circuit rejected two jurisdictional challenges to a revocation proceeding in one District where the defendant was also concurrently supervised and revoked in another District. For separate federal offenses in the Middle District of Florida and Virgin Islands, Johnson was serving two concurrent terms of supervised release. He was living in and supervised by the Middle District of Florida and had no contact with the Probation Office in the Virgin Islands. He committed a new offense in Florida and the Middle District revoked his supervised release. Johnson challenged revocation proceedings in the Virgin Islands. The Third Circuit found that the Virgin Islands maintained jurisdiction. It joined the Second and Fifth Circuits in finding that concurrent terms of supervised release do not merge: the term of supervised release in the Virgin Islands was not…
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DPIC provides mid-year review of of 2017 death penalty developments
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Padre de Brooksville Acusado de Voyerismo, Abandono Infantil
Un papá de Brooksville fue acusado de espiar por la ventana de la recámara de una adolescente el martes por la noche dejando a su hijo de 10 años sólo en su casa con acceso a dos armas cargadas. El supuesto incidente sucedió en un vecindario cercano a Trillum Boulevard, al este de Suncoast Parkway. Los ayudantes del alguacil informan que al patrullar vieron al hombre de 42 años espiando por la ventana de la recámara de una chica de 18 años. Al principio, cuando el hombre se acercó, aparentemente confeccionó una historia sobre la búsqueda de un perro que había perdido seis semanas atrás. Cuando los agentes lo interrogaron más detenidamente, el hombre supuestamente admitió que había estado espiando a la adolescente, y que no era la primera vez. Después de su arresto, los oficiales se enteraron que el hombre había dejado a su hijo de 10 años…
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OH7: Providing passcode to cell phone showed consent
Defense counsel didn’t provide ineffective assistance of counsel for not pursuing a motion to suppress consent to search her cell phone. Defendant verbally consented to search her home and then in writing, and then she verbally consented to the search … Continue reading →
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