Many individuals who have been exonerated of wrongful convictions recount the weight that was lifted when their cases were overturned and the state dropped the charges against them. Sadly, not all wrongfully convicted people released from prison enjoy that same sense of relief. As a recent story by ProPublica reveals, in too many wrongful conviction cases, innocent people are pressured by prosecutors into taking plea deals in exchange for their freedom, when, in reality, solid evidence demonstrates that full exonerations are in order. In 1985, George Seward was convicted of a murder in Baltimore County, despite there being no physical evidence linking him to the crime and his having a solid alibi that was confirmed by his boss. Seward maintained his innocence, and after more than three decades in prison, he was finally released. But his freedom came at a cost. Rather than dropping the charges against Seward, prosecutors decided to retry him even though a judge granted him a…
Wrongly Convicted Forced into Plea Deals to Gain Freedom
↧
↧
RUMPOLE AND IRMA
Friends, colleagues, dear readers of our blog. There is nothing funny about the threat to our home town. Although we hold hope that this storm will not turn on a dime as predicted and head north, no matter how it goes we will get hit. Many of us will suffer. This is the time to think clearly. Be kind to neighbors and friends and strangers in need. Help each other and spread good karma and together we can overcome what none of us can individually. After the storm, we will be down for some time, pending internet and power. But we will be out in our community, a shovel or a saw in hand, helping those who need help. Think clearly. Act rationally. Don't panic. Be safe. You can always buy another TV, car, or house. Life is precious. We are thinking of you, friends. Be safe. Your humble blogger who has always known it was a privilege to have readers. See You In Court, sooner than you think. H.…
↧
Update - Crash Blocks Interstate 184 Near Boise
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 09/09/2017 at 03:27 a.m. Please direct questions to the District Office *****Update***** The left lane of travel is no longer blocked. 3725/4031 *****End of Update***** The Idaho State Police is currently investigating a crash eastbound Interstate 184 at milepost 4, near Boise. The left lane of travel is currently blocked. More information will be released as it becomes available. 3725/4031 -------------
↧
OH has two on exigency: meth lab and a burglary in progress
911 call of people inside a neighbor’s home with flashlights was at least reasonable suspicion of a burglary in process to justify a warrantless entry. State v. Head, 2017-Ohio-7473, 2017 Ohio App. LEXIS 3787 (5th Dist. Sept. 6, 2017). The … Continue reading →
↧
W.D.Tex.: Quarles permitted unMirandized question about whether def was armed
A Charles and the public safety exception, a person stopped can be asked whether he’s armed. Here, defendant wasn’t in custody when he admitted he had a gun, and the question was valid anyway. United States v. Esparza, 2017 U.S. … Continue reading →
↧
↧
ALFREDO BULLARD Y EL SON CUBANO
http://elcomercio.pe/opinion/columnistas/cancion-inconclusa-alfredo-bullard-noticia-456829 Gran artículo de Alfredo Bullard, estupendo por donde se mire y si cierto es que que, en el Perú se puede cantar y decir muchas cosas los peruanos como los cubanos somos casi libres "...son medio libres o casi libres, que, como diría Silvio Rodríguez, no es lo mismo, pero es igual.". En los países dizque "democráticos" tenemos derecho al pataleo y punto, veinticinco años después de la captura de Abimael Guzman, los peruanos seguimos pataleando pero el poder NO escucha porqué NO le da la gana, por que no ha aprendido nada Tendrán lo que merecen y el pueblo sufrirá y esa, lo saben muy bien, los que nos tienen sojuzgados y explotados como Mr. Kuczynski, es su mejor defensa.
↧
Cal.App.Div., San Diego: Warrantless testing of second blood vial for drugs violated 4A
Two vials of defendant’ blood were drawn under implied consent. He was told the second would be kept for him, but it was separately tested for drugs. The second warrantless search of the blood violated the Fourth Amendment. People v. … Continue reading →
↧
Cal.1: State failed to show inventory was conducted in accord with policy or that impoundment was even justified
The state failed to show that the inventory of defendant’s car was undertaken in accord with police inventory policy. Under California law, the impoundment itself must be justified. People v. Wallace, 2017 Cal. App. LEXIS 775 (1st Dist. Sept. 7, … Continue reading →
↧
N.D.Ga.: Def failed in his burden of showing he was an overnight guest
Defendant claimed standing as an overnight guest, but nothing in the evidence supported that. He has the burden and he failed to show anything. Even if the court assumes he was there overnight, he didn’t show he was an “overnight … Continue reading →
↧
↧
On Campus Sex Policing, It’s Still A Solo Flight
Over the past couple of days, there have been a great many deep-dive articles, editorials and op-eds written over the silly little Title IX sexual misconduct problems I’ve been writing about for years. Poor KC Johnson probably has terminal writer’s cramp by now. All are valued academics and pundits, and all are standing atop far larger soapboxes than SJ. I should be thrilled. After all, misery loves company, But I’m neither miserable nor mind being a lone voice, as I was for years before others hopped aboard. Jeannie Suk Gersen’s New Yorker article sums up one of the problems that has been taken for granted by so many of those who are speaking out now in support of ending the campus star chambers. Title IX requires schools that receive federal funds not to discriminate on the basis of sex. The law itself does not mention sexual violence, but its interpretation by courts and by the Education Department since the law’s passage, in 1972, has led to…
↧
CA5: SOL on 4A claim under § 1983 starts with the search and seizure
The statute of limitations for a Fourth Amendment claim under § 1983 starts from the time of the search and seizure. Even if tolling were to apply here while plaintiff challenged his conviction, the case was filed way too late. … Continue reading →
↧
Cal.2: Police capturing loose horse on highway could enter curtilage to return it to corral
Police responded to a loose horse on the highway, and, once it was under control it was taken back to defendant’s property, and that justified entry into the curtilage. People v. Williams, 2017 Cal. App. LEXIS 777 (2d Dist. Sept. … Continue reading →
↧
Short Take: Why There’s Nothing On The Tube
I was on my way to the New York Giants training camp, a walk-on short, old lawyer for the position of wide-out. After all, I might not have speed, hands or, well, any skills that would commend me for the job, but how many short, old lawyers did they put on the field? Then again, if the Giants let me suit up, would you watch? Okay, maybe for the highlight film, but after you’ve seen me fail spectacularly once, would the lulz be as good the second time? Amanda Hess makes a shocking admission. Some background, if you are not a “Bachelor” superfan like me and the 8.4 million Americans who watched last season’s finale: The show generally chooses its leads from runners-up in the previous season of “The Bachelorette,” finding people that viewers are already invested in and extending their romantic arcs. But lately, the franchise has failed to produce such men. She’s a “Bachelor” superfan? That certainly makes her…
↧
↧
Should I Fight or Just Pay My Connecticut Marijuana Possession Ticket?
Is it good news that Connecticut legislators have decriminalized marijuana? Sure, but the change in the law has caused headaches for Connecticut teenagers and their parents. As many of the best criminal lawyers in Greenwich, UConn and New Canaan Connecticut know, instead of arresting Connecticut teenagers for Possession of Marijuana and Paraphernalia, they issue violation and infraction tickets to teenagers and adults who possess less than one-half ounce of marijuana or paraphernalia. Which begs the question…should I plead guilty by mail to my Connecticut marijuana possession ticket under CGS 21a-279a? The cops are telling me it’s “no big deal.” Pleading Guilty By Mail Results Shows Up on Background Checks for 7 Years! For teenagers who get hit with Connecticut marijuana possession tickets, the only thing they are thinking about is “how do I keep this from my parents?” They are thinking about getting grounded, losing their car privileges,…
↧
Federal prisoners stranded in Harvey, Harris County inmates released into it
When disasters like Hurricane Harvey strike, inmates in coastal prisons and jails are sitting ducks unless the authorities in control of their fates take action to protect them.Downtown Houston on the dayjail inmates were summarily releasedTruthOut has emails from inmates in a flooded federal prison in Beaumont. And in Houston, the county jail allegedly released prisoners from a drug treatment facility at the height of the flooding without money, clothes, or medication because officials couldn't feed or supervise them.After this episode, there really won't be any excuse going forward for coastal jails and prison units to have anything but fully operational disaster plans, including privately run units. That should have been the case after inmates were stranded during Hurricanes Katrina (New Orleans) and Ike (Galveston). But now it would be clearly negligent not to do so.The Texas Department of Criminal Justice appears to have done a good job evacuating inmates in…
↧
Single vehicle injury crash near Oakley
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 09/09/17 11:55 am Please direct questions to the District Office The Idaho State Police is currently investigating a single-vehicle rollover injury crash on Birch Creek Rd approximately nine miles southeast of Oakley. 3643/3413 -------------
↧
A Note to Readers
Hurricane Irma is bearing down on Miami, and a result there is a good chance that Jotwell’s University of Miami-based staff will lose power and thus internet access. We’ve queued up some posts for the coming week, but as our server move is only partially complete there is a chance that some sections may be unavailable for considerable periods of time. Please bear with us if that happens. Continue reading "A Note to Readers"The post A Note to Readers appeared first on Jotwell.
↧
↧
How can I protect my business from divorce?
Before you file your divorce papers in Fort Mitchell, think about how it can affect your business. If you are not careful, you could risk everything you have worked so hard for to a spouse who contributed considerably less or nothing at all towards it. You do not want to rely on any verbal agreements you have with your partner because they can be hard to enforce. Also, you should not assume that there is nothing for you to worry about if your divorce seems to be amicable. Although you may not have taken steps to shield your business before you married your spouse, it is not too late for you to do so now. Take some time to review the following suggestions on how to protect your business from divorce. Assess the situation You should evaluate your business to determine how much of a role your partner has in it. If they are an employee, you should evaluate their level of involvement so you can have a better idea of how much of a claim they have (e.g.,…
↧
Littering Can be a Felony Crime in Florida
People in Florida litter all of the time. You cannot drive more than a block around here without seeing trash that was discarded along the side of the road. Most people probably assume that the penalty for getting caught littering is a fine. There are signs along some roads which indicate what the fine is for littering, not that we have ever seen a police officer enforce them. Littering is a noncriminal violation that can only be punished with a fine if the amount of trash or debris is small. Under Florida law, if a person litters and the weight of the trash is no more than 15 pounds, the penalty is up to a $100 fine. However, as the weight or volume of the trash becomes greater, the violation is a criminal violation and the potential penalties become more serious. At 15 to 500 pounds, littering becomes a first degree misdemeanor. This carries a penalty of up to 12 months in jail. No one is likely to go to jail in Florida for a…
↧
"America must listen to its prisoners before we make a major mistake"
↧
More Pages to Explore .....
