Alfaro v. Johnson, No. 15-55337 (7-14-17)(M. Smith w/Bybee & Christen). The 9th reverses the granting of capital habeas relief. The 9th holds that petitioner's claim is barred by failure to exhaust state court remedies and is untimely under Fed. R. Civ Pro 15(c). The 9th found that petitioner could not amend her petition to include the Eighth Amendment systematic delay ground for relief as it could have been raised, and that such a claim is still pending in the state courts. The raising of the claim is not futile in the state court.Spirited fight and tough loss for Michael Weinstein and Celeste Bacchi of FPD Cal C. (Los Angeles).The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/14/15-55337.pdf
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Robbery, the Photograph and the Authentication of Evidence
This post examines a recent decision from the Court ofAppeals of New York: People v. Price, 2017 WL 2742214 (2017). The court begins the opinion by explaining that[p]n this appeal, we are asked to determine whether the People proffered a sufficient foundation at trial to authenticate a photograph—purportedly of defendant holding a firearm and money—that was obtained from an internet profile page allegedly belonging to defendant. We conclude that the People's proof fell short of establishing the requisite authentication to render the photograph admissible in evidence.People v. Price, supra. The opinion goes on to explain thatDefendant was convicted by a jury of two counts of robbery (Penal Law §§ 160.15[4]; 160.10[1] ). At the trial, a witness testified that he was conducting milk deliveries with the victim when he noticed—from his vantage point inside the delivery truck—that someone was holding a gun about a foot away from the chest of the…
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Booze Beats Law: Subscribe to White Collar Wire
Please take a moment to subscribe to White Collar Wire’s email newsletter. You’ll get notice of articles before anyone else in the Western world. Just look to the left where it says, very helpfully: Subscribe to our Newsletter Enter your email address and press the “Subscribe” button with the unnecessary exclamation point. Just push the little button, son. If you are a mission-statement type, here’s ours: This is a blog about business crime. We post stories about news, cases, judicial opinions, practical tips and scholarly work regarding white-collar criminal and civil enforcement, grand jury investigations and regulatory compliance. We want to be useful to businesspeople, internal counsel, defense lawyers in private practice, prosecutors and law-school teachers. Sometimes, we write about crime fiction, cocktails and theology. As anyone who’s ever been involved in the defense or prosecution of a white-collar case can…
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Eyal Berkover
El Perú no es una Nación cualquiera es la suma del poder contra la miseria. En el siguiente enlace: http://larepublica.pe/espectaculos/1061446-novia-de-eyal-berkover-hizo-desgarrador-pedido-a-beto-ortiz-y-el-le-responde-en-twitter Se da cuenta de un incidente de expulsión del territorio nacional de un sujeto al que tuvo que someter para poder expulsarlo del País, su novia, una ciudadana argentina pide que lo ayuden, él, que su expulsión es una ilegalidad. Beto Ortiz añdió vía Twiter que si no fuera por la decisión de meter presos a la ex pareja presidencial, la expulsión del hebreo hubiera sido la noticia del día. Ninguna autoridad, menos los medios han dado la misma cobertura de la cojudez antes descrita, en especial en los medios escritos a la violación y muerte a pedradas de una bebé de ocho años de edad a manos de un monstruo que,…
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Slobogin on Teaching Regulation of Police Investigation
Christopher Slobogin (Vanderbilt University - Law School) has posted Teaching a Course in Regulation of Police Investigation: A Multi-Perspective, Problem-Oriented Course (St. Louis University Law Journal, Vol. 60, 2016) on SSRN. Here is the abstract: This article, written for a...
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Couple Convicted of Satanic Child Abuse Freed From Prison and Declared Innocent
You may recall the hysteria in the 80’s and early 90’s when an organized network of daycares were alleged to be involved in satanic ritual child abuse of youngsters in their care, the most infamous being the McMartin preschool case. Virginia McMartin operated her preschool in Manhattan Beach, California employing family members and other staff. An investigation was commenced after one student’s mother reported to the police that her son had been sodomized by a McMartin staff member. From there the case snowballed with allegations of all manner of sexual acts involving 360 children. Eventually Mrs. McMartin and six employees were charged with 321 counts of child sexual abuse involving 48 children. The McMartin trial lasted seven years at a cost of $15 million with not one conviction entered. Apart from prosecutorial misconduct it was determined that the interviewing of the children by specialized social workers was inherently flawed by suggestive, leading…
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How Much Money Do You Get for Wrongful Imprisonment?
Shouldn’t the law compensate people who are put behind bars for crimes they didn’t commit? For many people, their worst nightmare is the idea of being locked up for a crime they didn’t commit. Sadly, wrongful convictions happen — and more often than you might think. In 2015, there were 149 exonerations in the United States. In 2014, there were 139. Furthermore, the average time in prison for exoneration individuals is 14 years. Studies shows that about 1 in 25 people on death row in the U.S. are likely innocent. This begs the question: Shouldn’t the law compensate people who are put behind bars for crimes they didn’t commit? How much money do you get for wrongful imprisonment? The answer depends on where you live, along with a variety of other factors. It goes without saying that if you’ve been convicted of a crime you didn’t commit, you should get in touch with a Texas criminal appeals lawyer. Compensation for Wrongful…
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CA7: Def’s wife of 21 years had apparent authority to consent to search of garage even if she didn’t regularly use it
Defendant’s wife of 21 years, 10 years at the co-owned property, had apparent authority to consent to its search. The fact she didn’t regularly go into the detached garage didn’t at all mean she didn’t have apparent authority. United States … Continue reading →
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CA2: Waiting until trial to move to suppress computer was waiver
The FBI thought they had defendant’s wife’s consent to search his computer, but they realized she didn’t know the password, so they applied for a search warrant. Defendant waited until the start of the trial to move to suppress, and … Continue reading →
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The “Fake” Title IX War Over Real Lives
At its core, the Washington Post op-ed by Brooklyn College President Michelle Anderson is a facial lie. I’m a college president. Betsy DeVos should help me deal with campus sexual assault. No college or university needs the “help” of the Department of Education to deal with campus sexual assault. If the DoE got out of the business of pushing colleges to twist Title IX altogether, it would have no impact whatsoever on the choices colleges make in handling accusations of sexual assault or rape. What the DoE has provided was cover, the means by which colleges could discriminate and blame it on the DoE. “Lhamon made me,” they could cry. But it’s just a lie. As has been discussed here in excruciating detail, Title IX was never intended to morph into a campus adjudicatory system for the crimes of rape and sexual assault, but slid down the slippery slope until bureaucrats with radical agendas circumvented law to push their vision onto colleges.…
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CO: In this recreational MJ use state, a dog sniff is a “search,” and a positive alert isn’t PC a crime is occurring
Use of a drug dog on a car is a “search” in marijuana recreational use Colorado, and a dog alert which could be of either legal or illegal substances is not probable cause. People v. McKnight, 2017 COA 93, 2017 … Continue reading →
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Does new Arkansas law force women to get rapists' OK before getting abortion? ACLU thinks so
7-15-17 Arkansas: Arkansas has some of the most restrictive abortion laws in the country, and a new one set to go into effect at the end of the month has drawn the ire of the ACLU. The American Civil Liberties Union has sued to block the law, which it says would force a woman who's been sexually assaulted to get permission from her rapist before she has an abortion. READ THE LAWSUIT The law --
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An attorney’s seven-minute absence from the trial did not violate the client’s Sixth Amendment.
A three-judge panel was reversed in U.S. v Roy by the En Banc court and the defendant’s conviction in federal court in Miami was reinstated for reasons explained below. Here is what happened at the trial. Roy was charged in a five-count indictment with sext crimes related to minor girls. Count one charged him with attempting to enticed a child base on his efforts to arrange a sexual encounter with someone he believed to be a 13-year-old girls in response to an interne ad posted by law enforcement. The other counts involved child pornography and charged him with knowingly possessing visual depictions of child pornography in violation of the federal statute. Each of those counts involved images that were stored in different electronic devices he kept. The charge required that the government prove that under each of the counts he knowingly possessed one or more images of child pornography on the electronic devices. The issue here, which was…
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Sinesio López Jimenez y su hipócrita posición
Sinesio Lopez Jimenez 20 h · Humala y Nadine atraen los odios de las derechas y las izquierdas. Las derechas no superan el trauma y la humillación de la derrota del 2011. Las izquierdas no olvidan la traición de Humala y su salida del gobierno en noviembre del 2011. Traicionó para ponerse al servicio de las derechas, pero estas no se sienten satisfechas. Ellas quieren mas sangre para saciar su sed de venganza. Los fiscales han transformado los financiamientos de las campañas electorales (que no son delitos) en lavado de activos para acusarlo de corrupción, pero su mediocridad es tan grande que hasta ahora no pueden construir un argumento creíble. Si el financiamiento de las campañas fuera delito todos los candidatos estarían presos. Más aún: A la fiscalía se le está cayendo el caso Lava Jato porque Barata se niega a seguir colaborando, pero Odebrecht ya puso al descubierto los…
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Notable high-profile functionality of the dysfunctional Pennsylvania death penalty
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"The Political Economy of Mass Incarceration: An Analytical Model"
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Fatal Crash NB US95@443 N of Hayden
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 07/15/2017 10:10 Please direct questions to the District Office On July 15, 2017 at 3:06am a fatal crash occurred in the northbound lanes of US95 at milepost 443 north of Hayden. A 2005 Chevrolet Tahoe driven by Samantha Wolf (age 31 of Sandpoint/seatbelt yes)was travelling southbound in the northbound lanes when it collided with a 2017 Freightliner semi truck headed northbound and driven by Samarpal Khaira (age 23 of Alberta/seatbelt yes). Khaira had a passenger, Purewal Sukhpreet (age 31 of Alberta / seatbelt no), who was in the sleeper cab. Wolf was pronounced deceased on scene and both occupants of the semi were transported to Kootenai Health. Investigation…
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Saturday Open Thread: An Unexpected Gift for Blogging
I got an unexpected gift yesterday, and it's a huge one that frees me from the mainstream media's online news sites with their auto play video, intrusive ads, and poorly scaled websites. From a blogging perspective, I feel like I won the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Donald Trump Jr. Meets with Russian Lawyer
Attorney Page Pate discusses the potential legal issues that may arise out of the meeting between Donald Trump Jr. and a Russian lawyer during the 2016 Presidential campaign. The post Donald Trump Jr. Meets with Russian Lawyer appeared first on Pate & Johnson Law Firm.
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Injury crash US95 MP313 in Lewiston
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 07/15/2017 10:47 AM Please direct questions to the District Office On July 15th, 2017 approximately 10:47AM an injury crash occurred on US95 near milepost 313. Nancy E. Owens, 69, of Clarkston, WA traveling in 2013 Subaru Legacy was Northbound in the Southbound lanes of US95 when she struck Harlan G. Presnell, 26, of Lewiston, ID, who was in a 2013 Jeep Patriot head-on. Lanes were blocked intermittently while the scene was investigated and cleared up. Both drivers were wearing seatbelts and transported to St. Joseph's Medical Center. Investigation continues. 2815 -------------
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