IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 9/14/2014 8:07 p.m. Please direct questions to the District Office ***Update*** The semi has been moved out of the lanes of travel. The southbound lanes of I-15 are unblocked and traffic is moving. 3435 Idaho State Police is currently assisting a semi pulling a trailer that is stalled in the southbound lane. The southbound lane near milepost 84 in the construction zone is currently blocked. Traffic is currently being diverted off I-15 and onto US91 at exit 89. 3641 -------------
**Update** Road Blockage Southbound I-15 near Milepost 84 North of Fort Hall has been cleared
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"Lawsuit challenges searches of electronic devices at borders"
From Jurist: A group of individuals represented by the American Civil Liberties Union [advocacy website] filed a lawsuit [complaint, PDF] in the US District Court for the District of Massachusetts [official website] challenging the "searches and seizures of smartphones, laptops,...
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Another look at the Craig-Crawford disjuncture?
Crawford did not purport to disturb Maryland v. Craig, 497 U.S. 836 (1990), which allowed a prosecutor in some circumstances to present the testimony of a child by electronic transmission from a place outside the physical presence of the accused. But Craig was based on the flexible approach to the Confrontation Clause of Ohio v. Roberts, 448 U.S. 56 (1980), which Crawford overturned. It is not surprising that Justice Scalia, the author of Crawford, wrote a bitter dissent in Craig, a 5-4 case, and that Justice O'Connor, the author of Craig, was one of two members of the Court not to join the majority opinion in Crawford: The two opinions reflect radically different views of the Confrontation Clause. Up til now, the Supreme Court has declined to discuss what the standing of Craig is in light of Crawford. It has certainly had opportunities. For example, see here and here. Now Judge Jeffrey Sutton of the Sixth Circuit has written a…
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Crazy or Cunning Like a Fox?
Sovereign citizens and tax protestors—public defenders of have represented them all. Some sovereign citizens may not explicitly identify themselves as such, but they firmly believe a bevy of unorthodox theoriesabout the U.S. government. It can be difficult to judge whether these sovereign-citizen clients suffer from a mental disease or whether they have simply spent too much time on the Internet. Airiz Coleman was one such person. The government accused Mr. Coleman of being a felon in possession of a firearm after a bizarre interaction when a recovery agent tried to repossess his car. In court, Mr. Coleman’s behavior was also strange; he claimed that the court lacked jurisdiction over him and that he was charged with a “commercial crime” for which he did not need to answer. This behavior continued as Mr. Coleman’s relationship with two different lawyers broke down. Right before his trial, he filed a host of…
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Atwood v. Ryan, No. 14-99002 (9-13-17)(Ikuta w/McKeown & Callahan)(Note: This is an Az FPD case). The 9th affirmed the denial of petitioner's capital habeas claims. AEDPA, as usual, cast its "state court's reasonableness" pall over the decision.Petitioner had a prior conviction for lewd and lascivious conduct. It was punishable, at the time of the offense, by life imprisonment. Subsequently, the state legislature reduced the term of imprisonment. This reduction meant, argued petitioner, that this conviction was improperly used as an aggravator. As such, the class was of defendants was broader than required under capital jurisprudence and thus arbitrary. The 9th rejected this contention, finding that the state court's interpretation of future dangerousness or proclivity was reasonable.The 9th also rejected the argument for an evidentiary hearing on police misconduct. The contention that the police planted…
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Carpenter v. United States, Third-Party Collection of Personal Information from Electronic Devices, and Fourth Amendment Rights and Protections
Our personal information is constantly being collected by third parties without our realization. Every time we use one of our devices, we expose personal details and information to collection by any number of entities that use the data for various purposes. Privacy is clearly on the decline as the use of one device or another becomes a standard and unavoidable part of life. An individual cannot be part of modern society absent a cell phone and/or computer. These facts all have serious implications for criminal defendants. In 1979, the United States Supreme Court decided Smith v. Maryland. There the Court discussed what has become known as the “Third Party Doctrine”, which provides that individuals do not have a reasonable expectation of privacy in information voluntarily given to a third party (e.g., telephone carrier or bank). This information is then available to Government agencies, including law enforcement agencies. The Court…
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US v. Hernandez Martinez, No. 17-50026 (9-15-17)(Ikuta w/Fletcher & Barker). This is a significant 1326 sentencing case under the 2016 amended 2L1.2 guidelines. The 9th holds that the enhancement for 2L1.2(b)(2)(B) will depend on the sentence imposed before the first order of deportation/removal. The 9th joins the 5th in this interpretation. (Note that the Az district courts have been taking a contrary position).The defendant was convicted of a felony in 2003 (lewd acts with a child). The state sentenced him to one year and five years of probation. The defendant was then deported. He returned without authorization, and faced a probation violation. He received three years. He was then deported. In 2016, he was in the United States again, got another state sentence (a misdemeanor) and a 1326 charge. The court applied the amended 2016 guidelines, and gave him an adjustment because his prior felony was imposed before he was…
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Week of September 11, 2017
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New Jersey Court Vacates 1996 Murder Convictions Based on DNA Identifying Another Suspect
FOR IMMEDIATE RELEASE Contact: Paul Cates, 212-364-5346, pcates@innocenceproject.org (Paterson, NJ – September 15, 2017) Today, a New Jersey Superior Court Judge vacated the 1996 felony murder and robbery convictions of Eric Kelley and Ralph Lee based on DNA evidence identifying another suspect. It is now up to prosecutors to decide whether they will dismiss charges or retry the case. “With such compelling DNA evidence demonstrating Mr. Kelley and Mr. Lee’s innocence and pointing to the true assailant most prosecutors would have moved to overturn these convictions long ago,” said Vanessa Potkin, Post-Conviction Litigation Director at the Innocence Project, which is affiliated with Cardozo School of Law. “We are grateful for the court’s decision, which came after a year of hearing new evidence and argument and careful deliberation.” Kelley, represented by the Innocence Project, and Lee, represented…
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Week of September 6, 2017
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Hessick on Corpus Linguistics and Criminal Law
Carissa Byrne Hessick (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted Corpus Linguistics and the Criminal Law (Forthcoming, Brigham Young University Law Review, Vol. 2018, No. 4, 2018) on SSRN. Here is the abstract:...
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In preparation for coming reforms, UMass to study marijuana use in Bay State before start of recreational sales
As reported in this press release, as "Massachusetts prepares to begin sales of recreational marijuana in 2018, researchers at the University of Massachusetts Amherst School of Public Health and Health Sciences (SPHHS), in collaboration with the UMass Donahue Institute and staff at the state Department of Public Health (DPH), have...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/ZuN5vB38V_8" height="1" width="1" alt=""/>
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The Judge, the Email and “Violating a Criminal Protection Order”
This post examines an opinion issued by the Presiding Disciplinary Judge of the Supreme Court of Colorado: People v. Lesuer, 2017 WL 3588713. The opinion begins by explaining that thePresiding Disciplinary Judge approved the parties' conditional admission of misconduct and suspended James D. Lesuer (attorney registration number 18379) for six months, effective August 11, 2017. In January 2014, a temporary protection order was entered against Lesuer, forbidding him to contact his ex-wife. In March 2014, Lesuer sent his ex-wife a text message. He was arrested, was convicted of a violation of the protection order, and received a deferred judgment. In November 2014, Lesuer contacted his ex-wife by email. He was again arrested and was convicted of violating a criminal protection order, a class-one misdemeanor. He was sentenced to sixty days in jail and two years of supervised probation. His deferred judgment was also revoked. Lesuer failed to…
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Fire EB I84@66 Blocks Traffic
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: 09/15/17 4:28 P.M. Please direct questions to the District Office Idaho State Police is on scene of a grass fire eastbound I84 at milepost 66, near the Boise Port of Entry. The eastbound lanes of travel are blocked at this time. 3642/2850 -------------
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Newton & Sidhu on The History of the Original US Sentencing Commission
Brent Evan Newton and Dawinder S. Sidhu (Georgetown University Law Center and University of Baltimore - School of Law) has posted The History of the Original United States Sentencing Commission, 1985-1987 (Hofstra Law Review, Vol. 45, 2017) on SSRN. Here...
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Los Ministros censurados pueden ser nombrados nuevamente al negarse por primera vez la confianza al Consejo de Ministros
No existe una norma expresa que impida esta decisión por tanto, bajo el principio de "Nadie está obligado a hacer lo que la ley no manda ni impedido de hacer lo que ella no prohibe, Mr Kuczynski puede nombrar a los ministros censurados en otras carteras,. Muy bien, el Presidente del Consejo de Ministros ha adelantado -es lo que se deduce de su declaración- que el nuevo Gabinete estará conformado por los mismos ministros censurados pero en otras carteras. Mr. Kuczynski debe pensar muy bien si toma esta decisión ¿Por qué?, veamos: La cuestión de confianza no fue aprobada, el Jefe de Gabinete señaló que era para defender a "sonrisitas" Martens, luego Mr. Kuczynski sostuvo que, "se defendería la reforma educativa hasta el final", un dislate incomprensible, enfrentándose al legislativo que, por sentido común, no debió promoverse, pero se hizo y…
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Adams et al. on Record Clearance
Ericka B. Adams, Elsa Y. Chen and Rosella Chapman (North Central College - Department of Sociology, Santa Clara University and Santa Clara University) have posted Erasing the Mark of a Criminal Past: Ex-Offenders’ Expectations and Experiences with Record Clearance (Punishment...
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Four vehicle crash eastbound I-84 at milepost 29, in Caldwell
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: 09/15/2017 6:11 pm Please direct questions to the District Office Idaho State Police is currently on scene of a four vehicle, injury crash eastbound I-84 at milepost 29, in Caldwell. Both eastbound lanes are blocked at this time. More information will be released as it becomes available. 3683 / 3761 -------------
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*Update* Fire EB I84@66 Blocks Traffic
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: 09/15/17 6:38 P.M. Please direct questions to the District Office *****UPDATE***** The right lane of travel is now open. 3683 / 3761 *****END OF UPDATE***** Idaho State Police is on scene of a grass fire eastbound I84 at milepost 66, near the Boise Port of Entry. The eastbound lanes of travel are blocked at this time. 3642/2850 -------------
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Update: Four vehicle crash eastbound I-84 at milepost 29, in Caldwell
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: 09/15/2017 7:34 pm Please direct questions to the District Office ******UPDATE***** All lanes of travel are now back open. 3683 / 4039 *****END OF UPDATE***** Idaho State Police is currently on scene of a four vehicle, injury crash eastbound I-84 at milepost 29, in Caldwell. Both eastbound lanes are blocked at this time. More information will be released as it becomes available. 3683 / 3761 -------------
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