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

D.N.J.: Google has to produce emails stored overseas

0
0
Google responds to subpoenas and search warrants for email accounts from its California headquarters. The fact that the actual data may be stored in a server in another country doesn’t matter–Google still has to produce. In re Search Warrant to … Continue reading →

N.D.Miss.: Heck bar doesn’t apply to search preceding arrest, but action stayed pending criminal case

0
0
Plaintiffs’ claim for illegal search and seizure at an internet café resulting in a criminal prosecution is not barred by Heck. The action is stayed, however, pending the outcome of the plaintiffs’ criminal trial. Moore v. Miss. Gaming Comm’n, 2017 … Continue reading →

"Murder Is Up Again In 2017, But Not As Much As Last Year"

Changes to the Medicare Appeals Process

0
0
The Centers for Medicare and Medicaid Services (CMS) part of the Department of Health and Human Service (HHS) issued a final rule on January 17, 2017 titled “Medicare Program: Changes to the Medicare Claims and Entitlement, Medicare Advantage Organization Determination, and Medicare Prescription Drug Coverage Determination Appeals Procedures,” (Final Rule), that went into effect March 20, 2017. This Final Rule revised the appeal process before Administrative Law Judges. The Final Rule in its entirety can be found here. The new rule is designed to reduce the number of appeals and the time needed to adjudicate appeals before an ALJ, part of the Office of Medicare Hearings and Appeals, and the next level of appeal held before the Medicare Appeals Council, part of the Departmental Appeals Board. HHS hopes to eliminate the appeal backlog by fiscal year 2020. The Final Rule will permit a Medicare Appeals Council’s decision to have precedential value to provide…

How to Advance your Medicare Appeal after a Reconsideration by a QIC

0
0
If you are appealing a reconsideration issued by a Qualified Independent Contractor (QIC) and you have not received a decision within 90 days you may have the right to have your appeal escalated to the next level before the Medicare Appeals Council. An appellant who has properly filed a request for hearing before an Administrative Law Judge (ALJ) and whose appeal remains pending after 90 days may with certain restrictions, file a request with the Office of Medicare Hearings and Appeals (OMHA), to escalate the appeal to the Medicare Appeals Council. 42 C.F.R. 405.1016. If the request meets the requirements for escalation and the ALJ, or attorney administrator, does not issue a decision, dismissal order, or remand order, within five calendar days, or within 5 days from the end of the 90-day ALJ decision if the request is filed prematurely, the OMHA, will send a notice that the QIC reconsideration decision will be the decision that will be reviewed by the Council. The Council than…

DO I NEED AN ILLINOIS FIREARM ID IF I AM LICENSED OUT OF STATE?

0
0
The answer depends on what you mean by “licensed.” Illinois law requires gun owners to possess a valid Firearm Owner’s Identification (FOID) card issued by the state. There is an exception, however, for non-Illinois residents. In that case, you do not need an Illinois FOID if you are licensed to carry a firearm in your home state. An Illinois appellate court has interpreted this to mean that you must actually have a valid license from a regulatory body in your home state. The mere fact that your state allows citizens to possess firearms is not enough. In People v Wiggins, the defendant was charged with Aggravated Unlawful Use of a Weapon. A Texas resident, he did not have a valid Illinois FOID. Defendant argued that since his home state of Texas does not require a license to own firearms, he was thus licensed in Texas for purposes of Illinois law. The court disagreed. The court reasoned that the non-resident exception only applies to non-residents…

Is there much to — or much to say about — reasonableness review a decade after Rita, Gall, and Kimbrough?

New law to enable Vietnam's corrupt officials to escape death penalty by paying back stolen money

0
0
Source: VN Express (13 July 2017)http://e.vnexpress.net/news/news/new-law-to-enable-vietnam-s-corrupt-officials-to-escape-death-penalty-by-paying-back-stolen-money-3612878.htmlAmendments to Vietnam’s Penal Code, which takes effect in January 2018, give those found guilty of corruption and bribery the chance to escape the death sentence if they return 75 percent of their ill-gotten gains.Those sentenced to death for corruption or taking bribes can have their punishment commuted to life in jail if they cooperate with the authorities during the investigation and voluntarily return at least 75 percent of their illegal earnings, officials said at a press briefing called by the President Office on Wednesday. The 2015 Penal Code had been scheduled to come into effect in July 2016 but was shelved due to multiple errors and loopholes. The National Assembly, Vietnam's top legislature, approved the revised law last month.The clause was one of the controversial parts of the new…

Ichinose on The Death Penalty Debate

0
0
Masaki Ichinose (University of Tokyo) has posted The Death Penalty Debate: Four Problems and New Philosophical Perspectives (Journal of Practical Ethics Volume 5 Number 1) on SSRN. Here is the abstract: This paper aims at bringing a new philosophical perspective...

Does Trump Blocking Twitter Followers Violate First Amendment?

0
0
It’s no secret how much President Trump loves taking his message directly to the public through his Twitter account. Recently, Trump’s account has started to block people who express opposition to his tweets. By blocking these people, it prohibits them from reading and responding to tweets from Trump’s account. Do you have a right to see the president’s tweets? There is currently a legal battle pending as to whether it is a violation of the First Amendment for Trump to continue to block people from seeing his tweets. Is Twitter a Public Forum? The central question in this case is whether the president’s Twitter account is a “designated public forum.” Under the First Amendment, a designated public forum is a forum that is set aside by the government for the purpose of free expression. In such a forum, the government may only place limits on the time, place, and manner in which the speech is made, but cannot censor the content of speech…

Artificial Intelligence in Law: The Challenge of the Unlimited-Document Universe

0
0
Anyone following artificial intelligence in law knows that its first great cost saving has been in the area of document discovery. Machines can sort through duplicates so that associates don’t have to read the same document seven times, and they can string together thousands of emails to put together a quick-to-read series of a dozen email chains. More sophisticated programs evolve their ability with the help of human input. Law firms are already saving their clients millions in adopting the technology. It’s bad news for the lawyers who used to earn their livings doing extremely boring document review, but good for everyone else. As in the grocery, book, taxi and hotel businesses, the march of technology is inevitable. Other advances in law have come with search engines such as Lexmachina, which searches through a small number of databases to predict the outcome of patent cases. Other AI products that have scanned all U.S. Supreme Court decisions do a better job…

Employee of NYC mayor faces child pornography charges

0
0
A Democratic activist and staffer for New York City Mayor Bill de Blasio’s administration was arrested after police found thousands of child pornography photos and videos on his computer. Jacob Schwartz, 29, was charged with possessing a sexual performance by a child under the age of 16 and promoting a sexual performance by a child. Both are felonies. He turned himself in and handed over his laptop to the NYPD Computer Crimes Unit in Manhattan’s 13th Precinct. Police found 89 videos and 3,000 photos on Schwartz’s laptop. The youngest children in some of the pornographic images were reportedly just six months old. According to court documents, the illicit content featured “young, nude females between the approximate ages of 6 months and 16, engaging in sexual conduct … on an adult male.” Schwartz was an employee of the Department of Design and Construction, as well as the president of the Manhattan Young Democrats. Following his arrest, his…

News Scan

0
0
Judge Loosens Travel Ban:  A federal judge in Hawaii has ruled to loosen the recently-implemented Travel Ban restrictions on U.S. visitors from six middle eastern countries.  Brent Kendall of the Wall Street Journal reports that District Judge Derrick Watson disagrees with the ban's definition of close family members a visitor must have in the U.S. in order to enter the country.  While a traveler with a spouse, parent or sibling was allowed, those with grandparents, grandchildren, in-laws, aunts, uncles, cousins, nieces and nephews were not.  The judge's order requires that the government include these relatives.  NY Heroin/Cocaine Ring Taken Down:  Suffolk County Police and agents from the DEA have arrested 16 people involved in a drug smuggling ring that distributed heroin and cocaine to communities across Long Island.  Andrew Smith of Newsday reports that members of the ring would make deliveries across the county from 8:00 AM to…

Methven on Swearing

0
0
Elyse Methven (University of Technology Sydney, Faculty of Law) has posted 'Weeds of Our Own Making': Language Ideologies, Swearing and the Criminal Law (Law in Context, Vol. 34, No. 2, 2016) on SSRN. Here is the abstract: In adjudicating offensiveness,...

Week of July 10 - 14, 2017


Keiko Sofía Fujimori y la hipocresía

0
0
Keiko Sofia Fujimori Higuchi 38 min · Ayer, el sistema judicial ha dado muestras de independencia. Sin embargo, la situación es triste porque afecta también a menores inocentes. Confiamos en que la justicia siga en la búsqueda de la verdad que todos merecemos conocer. ESTA FUE MI RESPUESTA La copio en mi blog porqué es posible que la borren. Es un error por desconocimiento, mientras una Resolución NO se encuentre "firme" (Que la apelación haya sido declarada infundada o que contra la decisión del juzgador él o los afectados no interpusieron los recursos que les franquea el proceso) NO se puede hablar de muestras independencia y hay que ser muy hipócrita para mencionar a los niños, o acaso usted piensa que el permiso de la Escuela con pérdida de clases y postergación de exámenes en el mejor de los escenarios y que en el boleto de viaje se consigne que la…

Abuse of a Corpse | Fort Worth Criminal Defense Attorneys

0
0
Over the past decade, a number of “abuse of a corpse” cases in Texas have made headlines. Most notably in 2014, a husband and wife were arrested after eight decomposing bodies were found in their Fort Worth funeral home. They were accused of taking money from grieving families for funeral services but neglecting the bodies of the deceased. At the time, abuse of a corpse was still a Class A misdemeanor. As a result, prosecutors added a felony theft charge alleging the funeral home operator took money through a fraudulent promise to deliver a human corpse for proper burial and cremation. The theft case was overturned on appeal and the accused was acquitted on that charge. Surprised that the funeral owners did not face more severe punishment, family members of the deceased turned to lawmakers. During the 85th legislative session, they passed a law that boosted the penalties for abusing a dead body from a misdemeanor to a felony.  What is Abuse of a Corpse in…

Abuse of a Corpse | Fort Worth Criminal Defense Attorneys

0
0
Over the past decade, a number of “abuse of a corpse” cases in Texas have made headlines. Most notably in 2014, a husband and wife were arrested after eight decomposing bodies were found in their Fort Worth funeral home. They were accused of taking money from grieving families for funeral services but neglecting the bodies of the deceased. At the time, abuse of a corpse was still a Class A misdemeanor. As a result, prosecutors added a felony theft charge alleging the funeral home operator took money through a fraudulent promise to deliver a human corpse for proper burial and cremation. The theft case was overturned on appeal and the accused was acquitted on that charge. Surprised that the funeral owners did not face more severe punishment, family members of the deceased turned to lawmakers. During the 85th legislative session, they passed a law that boosted the penalties for abusing a dead body from a misdemeanor to a felony.  What is Abuse of a Corpse in…

Paraphernalia Possession Not Sufficient to Establish Probable Cause for Intent to Use in Washington

0
0
Probable cause is required for a warrantless arrest.  To have probable cause, the arresting officer must be aware of facts or circumstances that are based on reasonably trustworthy information that is sufficient to cause a reasonable officer to believe a crime was committed.  If the arresting officer did not have probable cause for the warrantless arrest, evidence discovered in a search incident to that arrest should be suppressed. A Washington appeals court recently considered whether possession of a pipe known by the officer to be of a type commonly used to smoke methamphetamine was sufficient to create probable cause.  Two deputies responded to a call from a drugstore that a man was inside the store stuffing items in his jacket.  One of the deputies detained the defendant on suspicion of shoplifting, although he did not have any unpaid merchandise with him.  When the deputy frisked the defendant for weapons, he felt something he identified as…

//blawgsearch75.rssing.com/chan-6519914/article25980-live.html

0
0
Grant v. Swarthout, No. 13-55584 (7-7-17)(Reinhardt w/Tashima & Paez). This is an equitable tolling case.  Do not ask for whom the petition tolls, it tolls for thee (if prevented from filing by the prison's delay).  In this matter, as petitioner's one year AEDPA statute neared its running, he asked for forms to file his federal petition. The prison delayed, and he was 20 days out.  The State then said that he should have been more diligent.  The 9th said he was diligent, and that the petitioner had the full year, not part of it, or most of it.  The petition should be regarded as timely due to tolling.The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/07/13-55584.pdfUS v. Chavez-Cuevas, No. 15-50480. (7-10-17)(Bea w/Callahan & Ikuta). The 9th resolutely holds that California robbery (211) is a "crime of violence" under the categorical approach of Deschamps and Mathis.  The 9th rejects the…
Viewing all 71824 articles
Browse latest View live




Latest Images