Florida Supreme Court says Gov was within authority to remove prosecutor from capital cases
↧
↧
Chocolate: The New Party “Drug”
In Europe, cacao has become a substance of choice for raves instead of using illicit drugs.[1] The chocolate is generally consumed in either an infused drink with agave and cinnamon, swallowed through a pill, or snorted through the nose. The most popular place for partying with cacao is at Lucid, a monthly gathering in Berlin, “where music, dance, community and natural high vibes roam wild and free.”[2] The Chocolate Line, a Belgian company, popularized the inhaling of cacao powder when its founder, Dominique Persoone, introduced his chocolate shooter at a 2007 Rolling Stone party. [3] Persoone recommends that the powder be combined with mint or ginger to open and “tinkle” the nose, and that the powder must be cut to prevent caking and burning. Persoone has sold over 25,000 of his snorting devices.[4] Demand isn’t for Hershey’s bars or cocoa baking powder, but for raw, virgin cacao which is pure and potent and not processed with milk…
↧
“Compelling Prostitution,” the Social Networking Website and the Search Warrant
This post examines a recent opinion from the Court of Appeals of Texas, San Antonio: Murray v. State, 2017 WL 2664436. The court begins the opinion by describing the history of the case:Allen John Murray was convicted by a jury of compelling prostitution. To support this conviction, the State introduced into evidence pictures, private messages, and other electronic data from a Facebook account assigned to Murray. On appeal, Murray contends: (1) the affidavit supporting the search warrant did not establish probable cause to search Murray’s Facebook account because it did not demonstrate the reliability of the informant or source of information; and (2) the evidence the trial court admitted from the Facebook account was not properly authenticated. We affirm the trial court's judgment of conviction.Murray v. State, supra.The Court of Appeals then went on to outline the relevant facts in the prosecution:This case arose based upon an outcry statement…
↧
Police Need a Warrant for a DUI Blood Test, Even If You’re Unconscious
The Pennsylvania Supreme Court has ruled that the police cannot draw your blood without your permission–even if you are unconscious–unless they have a warrant. Only in certain emergency situations where obtaining a warrant is not possible are the police allowed to take blood without your consent. This decision is in line with the nationwide approach to DUI chemical tests, which are viewed as searches within the meaning of the Fourth Amendment. When the police violate your fourth amendment rights by illegally searching or seizing your property (including your own body), the so-called fruits of that search or seizure cannot be used to prove your guilt in court. As a result of this recent Pennsylvania Supreme Court decision, the defendant’s lawyer will be able to have the evidence of the blood test removed from the DUI case. This goes to show what a difference a skilled Pittsburgh DUI attorney can make. Call us today at Worgul Law Firm at to find out how we…
↧
DO I WIN IF THE POLICE IN ILLINOIS LOST THE VIDEO OF MY DUI ARREST?
The answer is maybe. In Illinois, squad cars that are equipped with video are supposed to video your arrest. This protects both you and the police. It allows the court to see for itself whether you were really as impaired as the officer said or whether you were doing just fine. But sometimes the video is lost or destroyed. What then? In that case, the court may sanction the state as the court deems appropriate. In some cases, the court may bar the officer from testifying about any matters that would have been shown by the video. If the state cannot meet its burden of proving you guilty beyond a reasonable doubt without the officer’s testimony, you could be acquitted. In other cases, however, the court may simply decide that you met the initial burden of proof when challenging the Secretary of State’s automatic suspension of your driver’s license. In a recent Illinois decision, People v Acevedo, the defendant petitioned to overturn the suspension…
↧
↧
An Open Letter To Senator Feinstein
Dear Senator Feinstein:I am outraged by your recent comments at a Commonwealth Club event in San Francisco urging patience for Donald Trump. You note that it has only been eight months since he took office, and that we should wait and see “if he can forget himself and his feeling about himself enough to be able to really have the kind of empathy and the kind of direction that this country needs.” You believe “the question is whether he can learn and change” and, if he can, “he can be a good president.”For one of the leading Democrats in the United States Senate, a ranking member of the Judiciary Committee, to still give Trump the benefit of the doubt is beyond comprehension. Only eight months you say? In those eight months, Donald Trump has shown his utter mental and moral unfitness for office that is hardly due to a lack of learning or experience. Where to begin? Let’s start with his…
↧
Dixon on Interrogation Law and Practice
David Dixon (University of New South Wales (UNSW) - Faculty of Law) has posted Interrogation Law and Practice in Common Law Jurisdictions (Forthcoming, Darryl Brown, Jenia I Turner and Bettina Weißer (eds) The Oxford Handbook of Criminal Process) on SSRN....
↧
Charged with Illegal Possession of a Firearm in MA? What you Need to Know
There are few things as controversial as the debate about the right to own a firearm in this country. Gun ownership is a constitutional right, but many people are prohibited from owning one. This is especially true in Massachusetts. Although the Second Amendment guarantees the right to bear arms to every citizen, regulations surrounding use and ownership are left to the state. In MA, firearm use and ownership is highly regulated and laws are strictly enforced. Proper enforcement of gun laws is important given the dangers of misuse. But mistakes and misunderstandings happen. If you were charged with illegal possession of a firearm, a skilled Boston defense attorney can help you protect your rights. In MA, you may be facing illegal possession charges if: You are found in possession of a firearm without the required license. You are found in possession of an illegal firearm, such as a machine gun or sawed-off shotgun. In the first scenario above, a mandatory minimum sentence of 18…
↧
Georgia’s Comparative Negligence Laws in Personal Injury
As Georgia personal injury lawyers we often come across the situation where an accident victim wants to file a lawsuit but believes he or she may be partly to blame for a wreck. Not all car wrecks are clear cut. If another driver cuts in front of you on the highway, you may not be able to brake quickly enough to avoid hitting the car in front. But what about if you were driving too fast or you didn’t react as quickly as you should have done? You may have been distracted by a passenger. What if you were hit by a red light runner at an intersection and but you were found to be traveling at 10 mph over the speed limit? The red light runner clearly caused the crash but you were also traveling too fast. Georgia has comparative negligence laws In some cases, when you try to file an insurance claim after you were injured, the other party will try to claim you were partly or even completely responsible for the wreck. Georgia has a modified comparative fault rule that reduces or…
↧
↧
Federal district judge finds Colorado's Sex Offense Registration Act, as applied, amounts to unconstitutional punishment
↧
Cassell on Crime Victims' Rights
Paul G. Cassell (University of Utah - S.J. Quinney College of Law) has posted Crime Victims' Rights (Academy for Justice: A Report on Scholarship and Criminal Justice Reform, Forthcoming) on SSRN. Here is the abstract: Over the last 40 years,...
↧
You make the call: Police union boss says Breaion King arrest didn't merit discipline
Austin activist Chris Harris obtained video of the meet and confer negotiations between the City and the Austin Police Association and, with editing help from Lewis Conway, created this short video juxtaposing the details of Breaion King's arrest with union boss Ken Casaday arguing against changing the rule that prevented the officer involved from being disciplined. They presented the video to the Austin City Council last night arguing to reject the meet-and-confer agreement with the union and address the police department's staffing and discipline issues through normal city processes:According to Casaday, "half" of Austin PD officers see no problem with the way this young schoolteacher was treated. How about you?
↧
//blawgsearch75.rssing.com/chan-6519914/article26913-live.html
Sixth Circuit holds that a table can be a “dangerous weapon.” In United States v. Duke, the Sixth Circuit considered the defendant’s challenge to several sentencing enhancements.When Ronnie Duke was arraigned on a charge of failing to surrender for a sentence, his attorney proposed that he be held at one of two sites while he was awaiting trial. The Assistant U.S. Attorney (AUSA) objected and sought detention in another facility. With that, Mr. Duke cursed the AUSA, ran toward her, grabbed her by the back of the head, hit her several times with his fist, and repeatedly smashed her head into a table. Her legs were bruised when they were pushed into the table during the assault and she had an abrasion on her temple. Mr. Duke was subsequently charged with assaulting, resisting, or impeding certain government officers or employees in violation of 18 U.S.C. §§ 111(a)(1) and (b). The…
↧
↧
Police in Florida Arrest Man for Letting Young Child Walk Down the Stairs
In Florida, there is a criminal statute that addresses the neglect of a child. The statute is problematic because it is broadly written. The effect is that police officers have very broad discretion to arrest a person for child neglect. And prosecutors similarly have wide discretion when deciding whether to file charges. As a result, a police officer’s opinion, normally based on very limited information, about how a parent should raise or deal with a child takes precedence over the parent in response to situations that may or may not involve actual negligence. The Florida statute does not just apply to parents. Any caregiver who neglects a child can be charged with child neglect in Florida. Child neglect is a serious felony charge. It becomes more serious if the child is injured as a result of some incident relating to the alleged neglect. If there is no injury, child neglect is still a third degree felony. It is a…
↧
Two interesting and critical takes on AG Jeff Sessions' repeated statements about rising crime
↧
Above the Law: Issue Spotter: How Many Cops Need To Be Fired Based On These Facts? If you answer ‘one,’ you fail. YOU are part of the problem.
Above the Law: Issue Spotter: How Many Cops Need To Be Fired Based On These Facts? If you answer ‘one,’ you fail. YOU are part of the problem. By Elie Mystal There are going to be a lot of calls … Continue reading →
↧
Impeachment Lessons and The Midnight Special
(1973-1981) This post will eventually test your affinity for the 1970s, which featured both Richard Nixon and The Midnight Special. The Special was formative in my teenage years, which explains a great deal. But first, many thanks to the Network of Trial Law Firms for the opportunity to speak in New York on “Impeachment Lessons for Internal Investigations”: People sometimes ask for good basic texts about impeachment generally. Here are a few suggestions: Impeachment: A Handbook by Charles Black. This slender, clear, nuanced volume is where you should start. As noted by Lawfare blog: The most important book ever written on presidential impeachment is only 69 pages long. Charles Black, Jr.,’s Impeachment: A Handbook was published in the summer of 1974, at the height of the Watergate crisis, and reissued in October 1998, two months before Bill Clinton became the second president in U.S. history to be impeached. Read the full post here.…
↧
↧
Houston camping ordinance overturned, bail litigation amici, and other tidbits
Here are a few odds and ends before taking leave of the blog on a Friday afternoon:A federal judge issued a temporary injunction against Houston's anti-camping ordinance, ironically just in time for most of the city to be turned out of their homes. More from the Houston Press.See all the amicus briefs in support of the plaintiffs in the Harris County bail litigation.Here's a list of Harvey-related TX courthouse closures.Check out recent editions of Fair Punishment's daily In Justice Today newsletter here. Brand new, but good stuff so far.For better results, cut community supervision populations, advises the Pew Public Safety Performance Project.Reality v. Jeff Sessions. From The Federalist, "Contrary to the attorney general’s imagination, hordes of bloodthirsty gang members are not suddenly plaguing American neighborhoods. Crime is still at its lowest level in decades. The role of the highest-ranking prosecutor is to present the facts, not to…
↧
Is DNA Evidence Unreliable?
Is DNA evidence the most foolproof way to determine if someone has committed a crime? If you watch a lot of crime dramas on television, or you’re a fan of detective novels, you might believe that DNA evidence is the most foolproof way to determine if someone has committed a crime. Furthermore, you wouldn’t be alone in thinking that. Researchers have found that jurors often have a difficult time interpreting probability when it comes to DNA evidence. Dr. Jonathan J. Koehler, an expert in behavior at the University of Texas at Austin, states, “Research indicates that people generally aren’t very good at interpreting probabilities, and they are easily swayed by the way statistics are presented.” For example, studies have found that jurors in a criminal trial are more impressed by a probability of 0.1 in 100 than one in 1,000 even though the two sets of figures are mathematically identical. In a 2005 Gallup poll, 58 percent of respondents said they…
↧
Ten-Year Court Battle Culminates in Probation for Riverdale Homicide Defendant
Earlier this summer, a Riverdale resident pleaded guilty to misdemeanor drunk driving in a deadly crash that killed a pedestrian over 10 years ago. The case was among Cook County’s longest-stalled prosecutions. The Illinois DUI crash occurred in 2007. The defendant was originally charged with reckless homicide and aggravated DUI, which carried up to 14 years of incarceration. The 39-year-old man was instead sentenced to two years of probation in a plea deal that took 10 years to finalize. The case lasted through the tenures of three separate state attorneys. Current State Attorney Kim Foxx said in a statement that the delays were “unacceptable.” She pledged to ensure these situations do not recur. The victim was killed in January 2007 after the defendant’s vehicle struck him while he was walking on the street in Harvey, Illinois. The victim, 41, was hit so hard that it took several minutes before his body was located, and it was almost 10 hours…
↧
More Pages to Explore .....
