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

The Age of Imperial Governorship?

0
0
Miriam Seifter, Gubernatorial Administration, 131 Harv. L. Rev. (forthcoming, 2017), available at SSRN. Peter Shane The idea that state constitutions might provide terrain for comparative analysis that could shed new and important light on the federal Constitution is hardly a new one. But for those of us preoccupied with the study of Article II presidential power, it is hard to imagine a much more powerful illustration of that lesson than Miriam Seifter’s fruitful and creative study of what she calls “the modern regime of gubernatorial administration.” Seifter demonstrates that, state variations notwithstanding, contemporary governors frequently enjoy an array of tools to direct administrative governance that, in important respects, presidents would envy. These include reorganization authority, the power to privatize government functions, and greater authority to influence independent state agencies than the President would have over federal counterparts.…

We’re As Cold As ICE

0
0
There are two explanations, the first tugging at the heartstrings of every American who hates foreigners, whom they then conveniently include in the morass of “illegals” without the slightest clue of whether they’re undocumented or third-generation Cincinnati. The other are the people with accents and vowels at the end of their name who come to prominence for having committed a crime, apart from their mere existence. The criminal ones are certainly a far easier sell. Think the murder of Kathryn Steinle by Juan Francisco Lopez-Sanchez, used as the posterboy for the “worst of the worst,” the alien who shouldn’t be here at all and yet not only came, but killed. Horrifying. Few would argue that someone like Lopez-Sanchez are worthy of any immigrant sympathy, but what of the many who are here unlawfully (note: not illegally, but unlawfully) who commit no crimes, pay taxes (as do we all) and perform services that we need and appreciate? You know,…

OR: Def being under influence of drugs isn’t per se RS he’s in possession

0
0
Defendant was likely under the influence, but the officer lacked reasonable suspicion that he was in possession of drugs for the detention. State v. Davis, 286 Ore. App. 528, 2017 Ore. App. LEXIS 861 (July 6, 2017): Therefore, other than … Continue reading →

Whether “No” Means “No” in North Carolina

0
0
Attention has fallen on North Carolina for a 1979 court decision on withdrawal of consent during sexual intercourse. In State v. Way, 297 N.C. 293 (1979), the state supreme court held under North Carolina’s then-existing rape statutes that if a woman consents to sexual intercourse and in the middle of the act changes her mind, the defendant is not guilty of rape for continuing to engage in intercourse with her. The decision has drawn fierce criticism from the public and in legal circles. The criticism intensified after the General Assembly did not act on a bill introduced this session, Senate Bill 553, which would have permitted withdrawal of consent after intercourse begins consensually. People have asked me whether the apparent holding in Way is still the law in North Carolina. Is it true that a man would not be guilty of rape if he forcibly continued to have sexual intercourse with a woman after she withdrew consent? In my view, that may not be the law in North…

D.P.R.: No justification shown for search of def’s vehicle during a traffic stop

0
0
Defendant was ordered out of his vehicle during a traffic stop, but there were no grounds to search it, starting with a cigarette pack. Motion to suppress granted. United States v. Ramos-Rios, 2017 U.S. Dist. LEXIS 102516 (D. P.R. June … Continue reading →

SCOTUS’ Fantasy Trial

0
0
The majority in Turner v. United States, which included all but Justices Kagan and Ginsburg (Gorsuch did not participate, which means Sotomayor was singing soprano to Alito’s bass), pulled a shrewd move. The Government does not contest petitioners’ claim that they withheld evidence [that] was “favorable to the defense.” Petitioners and the Government, however, do contest the materiality of the undisclosed Brady information. Such “evidence is ‘material’ . . . when there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different.” Cone v. Bell, 556 U.S. 449, 469–470. “A ‘reasonable probability’ of a different result” is one in which the suppressed evidence “ ‘undermines confidence in the outcome of the trial.’ ” Kyles v. Whitley, 514 U. S. 419, 434. To make that determination, this Court “evaluate[s]”…

"Punishment and the Burden of Proof"

Cal.1: Inventory of duffle bag at booking was reasonable

0
0
Defendant refused to leave a 24 hour restaurant after being asked several times, and the police were called. Finally, defendant was arrested and taken into custody. His duffle bag was inventoried at the police station and a .38 revolver and … Continue reading →

CA5: Ptf doesn’t show that city’s alleged failure to use SWAT teams “threat matrix” properly led to any constitutional violation

0
0
Plaintiff failed to show a pattern of unconstitutional actions or that the SWAT teams’ use of a “threat matrix” to determine when they would be called out was unconstitutional. Plaintiff doesn’t show that the failure to implement that matrix properly … Continue reading →

Phillip Butters - y - los nueve muertos de San Cristóbal

0
0
"En el Perú se mueren CINCUENTISÉIS personas POR SEMANA dieciocho IGUALITOS al de San Cristóbal, esa es la realidad ¿cuanto responsables de estas muertes están presos? NINGUNO." Es lo que acaba de declarar Phillip Butters, hace apenas unos minutos  en Radio Exitosa (son las 07.30 am de hoy 11 de julio de 2017) ¿Qué ha querido decir el locutor con estas estadísticas?, y  ¿Porqué el Presidente de la República exige se identifique y sancione a los responsables? En pocas palabras Butters nos dice, ¡A que viene tanto escándalo si en el Perú estos accidentes son normales?. Para Butters somos un País tan atrazado y corrupto que NO tiene NINGUNA solución para que los peruanos en sus actividades, negocios y demás estafas, falsificaciones, asesinatos por culpa inexcusable realizadas por gente conocida como emprendedores y empresarios lo…

SJC Clarifies Habitual Offender Statute

0
0
In a recent Supreme Judicial Court decision – Commonwealth v. Garvey – the SJC In affirmed the dismissal of the habitual offender portions of the defendant’s indictments and, in the process, clarified subsection (a) of the statute. In the decision, the SJC specifically ruled that that in order to procure enhanced sentencing of a defendant under the habitual offender statute (G.L. c.279, §25[a]), the Commonwealth must prove that the requisite prior convictions with qualifying sentences arose “from separate incidents or episodes of criminal behavior.” The background was as follows. “After returning eight indictments relating to the charged drug crimes, the grand jury received evidence concerning the defendant’s prior convictions, which the prosecutor introduced to establish probable cause for enhanced penalties to be available in relation to these drug offenses. In particular, the grand jury heard that on March 13, 2002,…

Wilson & O'Brien on Human Trafficking

0
0
Michael Wilson and Erin O'Brien (Queensland University of Technology - Faculty of Law and Queensland University of Technology - Faculty of Law) have posted Constructing the Ideal Victim in the United States of America's Annual Trafficking in Persons Reports (Crime,...

How To File A Criminal Appeal In Minnesota

0
0
Every so often a criminal case doesn’t go as we hoped and our client ends up being found guilty. Although the verdict has been read, our job isn’t over. If we believe we have good grounds for appeal and our client is interested in appealing, we begin the appeals process. In today’s blog, we talk a little about the criminal appeals process in Minnesota. Deadlines For Filing an Appeal in Minnesota There are a number of different deadlines you must adhere to when filing an appeal, and they vary depending on the specific of your case. For example, in general you have: 90 days after sentencing to file an appeal for a felony or gross misdemeanor conviction. 30 days to appeal a misdemeanor or petty misdemeanor case. 60 days to appeal an order denying a postconviction petition. Your attorney will confirm your specific deadlines, as they are something you need to pay attention to during the appeals process. In the event that you need an extension, you may motion the…

The Operation of a Motor Vehicle Requirement for a DUI

0
0
An essential element for a DUI conviction in Kentucky according to the Kentucky DUI statute, KRS 189A.010 (1), requires that “a person shall not operate or be in physical control of a motor vehicle anywhere in this state.” A person who is not in control of a motor vehicle simply cannot be guilty of a DUI. So for example, if an officer observes a properly parked vehicle with an intoxicated person sitting behind the wheel, with the keys in the ignition and the motor running, and the person inside sitting there just smoking and texting on their cell phone, is that behavior sufficient to meet the proof of operation to support a DUI arrest? What if the intoxicated person was asleep at the time that the officer arrived? The simple answer to both questions is it depends on the facts and whether the prosecutor can prove the intoxicated person was operating or in control of the vehicle. In order to prove operation or control of the vehicle to support a DUI arrest and…

Our BCS Community is Growing! Meet Our Newest Staff Members

0
0
Caroline Yang, Summer InternCaroline Yang is a summer intern who who is looking forward to helping out in a variety of departments at BCS. She is currently working towards an undergraduate degree in sociology at the University of Edinburgh and is interested in pursuing a career in criminal justice reform. She has previously worked at the Manhattan DA's office as a summer intern and at the American Museum of Natural History as a research assistant. Vivian Martinez, SRP Intake SpecialistVivian Martinez is an intake specialist at Bronx Community Solutions where she plays a key role in assessing participants’ social service needs as well as scheduling appointments for community based Service. She also assists the DWI initiative as the secondary point person for all DWI/DUI operations, which includes provider outreach, creating court reporting documentation, database tracking and general troubleshooting for DWI issues.  She is well-versed in the changing…

CFPB Issues Game-Changing Rule On Arbitration Clauses

0
0
On Monday, July 10, 2017, the Consumer Financial Protection Bureau (CFPB) issued a game-changing final rule regarding the use of arbitration clauses in consumer contracts.  The Rule is effective 60 days following its publication in the Federal Register and applies only to contracts entered into more than 180 days after that date.  The final rule comes as no surprise—as we reported here, here, and here, the Bureau has forecast for more than a year its intentions to engage in this rulemaking. Most significantly, the Rule accomplishes the following: Bans the use of arbitration clauses to bar class actions. The Rule bans covered providers of certain consumer financial products and services from using arbitration clauses to bar consumers from filing or participating in class action lawsuits. Requires covered providers to provide the CFPB with records related to their arbitration proceedings. Covered providers that engage in arbitration must provide the CFPB with…

News Scan

0
0
Illegal Immigrant Charged With Murdering Her Family:  A 33-year-old woman charged with murdering four of her children and her husband on July 6 smiled for cameras at her first hearing last Friday.  The Associated Press reports that Isabel Martinez has been identified by ICE as an illegal immigrant from Mexico, but the agency does not know how long she has been in the U.S.  Police say that last Thursday Martinez stabbed and killed her 10-year-old daughter, her three sons, aged 7,4, and 2, and her husband at their home in Loganville, GA.  She also stabbed her 9-year-old daughter, who survived with serious injuries.Gang Member Made Video of Murder:  At a preliminary hearing Monday, an FBI agent told the Fairfax County, VA, court that one of the MS-13 gang members who participated in last December's brutal revenge murder of a 15-year-old girl recorded the killing on his smartphone.  Justin Jouvenal of the Washington Post reports that 17-year-old…

Civil Forfeiture Remains an Insidious, Corrupt Practice in Texas

0
0
The Government can proceed against an individual in two ways: either against the individual “personally” known as “in personam” or against their property known as “in rem.”   The latter is known as civil forfeiture.   During the first two hundred years of this nation’s history, civil forfeiture laws were directed almost exclusively to admiralty and customs enforcement.  This was in the tradition of the British Navigation Acts of 1651, which were designed to control trade between England and the rest of the world, including the American colonies.   Civil forfeiture changed significantly in the 1980s, moving away from trade control to punishing the property owner who either gained property from or used property to facilitate criminal wrongdoing. What evolved out of this sea change is the notion that today property can, like an individual, be guilty of a crime.   Government Forfeiture of Property Un-American  …

Gacek & Jochelson on Bestiality

0
0
James Gacek and Richard Jochelson (University of Edinburgh and Robson Hall, University of Manitoba Faculty of Law) have posted Placing 'Bestial' Acts in Canada: Legal Meanings of 'Bestiality' and Judicial Engagements with Sociality (The Annual Review of Interdisciplinary Justice Research...

What is an Aggravated DWI in Queens, NY?

0
0
New York’s crimes are typically divided into two forms of each crime: the standard offense, and an “aggravated” version. Each aggravated crime has specific factors or requirements that turn the “simple” crime into the aggravated form. For driving while intoxicated (DWI), there are actually multiple levels. Aggravated DWI is the most severe form of DWI and involves driving drunk with a child in your car or driving with a very high level of alcohol in your system. If you or a loved one was charged with DWI, aggravated DWI, or another drunk or drugged driving offense in New York, talk to an attorney. The Queens DWI defense attorneys at Sullivan and Galleshaw may be able to take your case and fight your charges. Because aggravated DWI can result in jail time, a suspended drivers’ license, and other consequences, talk to an attorney right away. New York DWI Laws New York has three general levels of drunk driving offenses: Driving while ability…
Viewing all 71824 articles
Browse latest View live




Latest Images