Paul G. Cassell (University of Utah - S.J. Quinney College of Law) has posted Can We Protect the Innocent without Freeing the Guilty? Thoughts on Innocence Reforms That Avoid Harmful Tradeoffs (Wrongful Convictions and the DNA Revolution: Twenty-Five Years of...
Cassell on Innocence Reforms That Avoid Harmful Tradeoffs
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Massachusetts Appeals Court finds breath test admissible despite failure to comply with the regulations in Leary decision
The Massachusetts Appeals Court ruled today that the breath test operator does not have to watch the defendant to be in compliance with the 15 minutes observation period. This ruling is contrary to the regulations requiring that the breath test operator observe a defendant for 15 minutes. This decision arose out of a motor vehicle homicide case and is likely to be appealed. The Appeals Court’s decision is contrary to the regulations and disregards the fact that a breath test operator has special training to determine whether someone is under the influence of alcohol. The decision of the Appeals Court is Commonwealth v. Leary. The burden of the Commonwealth to prove compliance with the 15 minute observation period is not very difficult. A breath test operator should be able to watch the person taking the test for 15 minutes. There are a lot of issues with the reliability of breath test machines that are being litigated as part of the…
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Virginia Ranks 7 on List of Most Driving Citations Issued in USA
Virginia Ranks 7 on List of Most Driving Citations Issued in USA We are usually proud when our institutions, sport ... The post Virginia Ranks 7 on List of Most Driving Citations Issued in USA appeared first on Weiland Upton.
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The Case of the Sleeping Gatekeepers, or Bolstering Daubert
Over the past several years - really since the lead-up to the National Academy of Sciences 2009 study of forensics - Grits has been giving increasing thought to the failure of judicial gatekeepers to adequately vet dubious evidence from forensic analysts. The NAS clarified for the lay public for the first time that many common forensic methods have no basis in science, relying instead on subjective analyses. But the full implications of their findings are only beginning to become apparent.The subject has been especially on my mind since we did a podcast segment in August discussing the lack of judicial gatekeeping when it comes to DNA mixture evidence. In the case we discussed, the trial court admitted two different analyses of the same DNA mixture that came to different conclusions, and told jurors to pick the one they preferred! The intermediate appellate court affirmed the conviction, but didn't evaluate the question of admissibility.That seemed to me like such an…
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What are my rights when I'm facing a criminal charge?
If you are arrested and charged with a criminal charge in Kentucky, you have specific rights owed to you under the law. These rights cannot be taken away from you and are your rights regardless of what you are being accused of doing. They are what lie at the heart of our legal system. It is your responsibility, though, to know and understand your rights because they may not always be explained to you. Starting at your arrest, you need to be aware of your rights. According to the Department of Public Advocacy, you have the right to be informed of the charges against you and your rights to remain silent and to an attorney. You do not have to answer any questions except to give law enforcement your name. There is no time limit in the state on how soon you must be arraigned after an arrest, but your bond must be set within 24 hours. You must be indicted by the Grand Jury if you are facing a felony charge. You will be given chances to fight for a lower bond or to be…
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Back to the Future: the Fourth Amendment in the Digital Age
OK, those unfortunate souls who occasionally read this blog know that I like to go on about the intersection of the 18th Century language in our Bill of Rights (which includes such tremendous ideas like religious liberty, freedom of expression, the right to not incriminate oneself and the right to be free from unreasonable searches), with the world of smartphones, digital communications, and mountains of data for each person and incident that happens to be captured by some device or trove of information. We all know the the “Framers” or our Constitution had no way of predicting what the world would look like in 2017, but it is fascinating that we try to match their expectations up with modern existence. Carpenter v. United States is the latest case involving this confluence of our rights and the Digital Age. Mr. Carpenter was indicted for being involved with a series of armed robberies. One of his buddies gave the police a series of phone numbers that…
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The University Computer Lab, the Pro Se Complaint and False Arrest
This post examines a recent decision from a federal District Court Judge who sits in the U.S. District Court for the Middle District of Tennessee: Molthan, v. Vanderbilt University, 2017 WL 1489099. The judge begins the opinion by explaining that “Plaintiff Jason Steven Molthan has filed this pro se actionunder 42 U.S. Code § 1983, alleging a violation of his constitutional rights. The opinion goes on to explain that[h]aving granted Plaintiff leave to pursue this suit without paying the filing fee, the Court must conduct an initial review of the complaint under 28 U.S. Code § 1915(e)(2) and dismiss it or any portion of it that is frivolous or malicious, fails to state a claim for which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. If an action is filed IFP, `the court shall dismiss the case at any time if the court determines that ... the action . . .fails to state a claim on which…
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Fox’s Bill Bogot to Speak to Speak on Marijuana Legalization at the International Association of Gaming Advisors Best Practices Institute
Bill Bogot, a partner in Fox Rothschild’s Chicago office and Co-Chair of the firm’s Cannabis Practice Group, will moderate a panel entitled, “The Highs and Lows of Marijuana Legalization” as part of the International Association of Gaming Advisors Best Practices Institute. The event will take place on Monday, October 2, 2017 at the Sands Convention Center in Las Vegas, NV. Copyright: rabbit75123 / 123RF The panel will confront the intersection between legalized marijuana and the gaming industry, with a particular focus on compliance, employment, licensing, and ethical issues faced by businesses in both industries. For more details, or to register for the event, head over here.
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Miao on Punitive Anti-Drug Campaigns in Asia
Michelle Miao (The Chinese University of Hong Kong, Faculty of Law) has posted The Penal Construction of Drug-Related Offenses in the Context of 'Asian Values': The Rise of Punitive Anti-Drug Campaigns in Asia (International Comparative, Policy & Ethics Law Review,...
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Week of Septameber 25 - 29, 2017
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How a Taping of ‘Curb Your Enthusiasm’ Saved an Innocent Man from Death Row
A new documentary film recounts how a Los Angeles man narrowly avoided a death sentence for a murder he did not commit when footage from a taping of the HBO series Curb Your Enthusiasm corroborated his alibi. In May of 2003, 16-year-old Martha Puebla was shot to death on the doorstep of her home in Sun Valley, California. The sole eyewitness fled immediately, fearing for his life, but left his cellphone behind at the scene. When the cellphone led police back to the witness, he provided a description that police said matched to Juan Catalan. Just days prior, Puebla testified in court about two murders allegedly committed by her ex-boyfriend Jose Ledesma and Catalan’s brother Mario. Police theorized that Catalan killed Puebla in retaliation for her testimony, even though she never identified the perpetrators in court. Catalan was arrested and interrogated, but insisted he had nothing to do with the murder. Months had passed, and he could not recall his whereabouts on that…
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News release - Update #2 - Bonner County Sheriff's Office Deputies involved in deadly shooting incident on Sep. 26, 2017
For Immediate Release, Sep. 29, 2017 News release - Update #2 - Bonner County Sheriff's Office Deputies involved in deadly shooting incident on Sep. 26, 2017 Contact: Tim Marsano, Public Information Officer, Idaho State Police 208.884.7122 Tim.Marsano@isp.idaho.gov On Sunday night, Sep. 24, 2017, Robin Johnson, the wife of Craig Johnson (the deceased), called the Bonner County Sheriff's office and requested a deputy travel to their residence in Coolin, Idaho for a welfare check on her husband. Robin Johnson had been trying to contact him and he was not returning her phone calls. She was worried and requested law enforcement contact him to make sure he was okay. At approximately 11:54 p.m., a deputy responded to their Coolin residence for the welfare check. Craig Johnson immediately confronted the deputy by pointing a handgun at him and threatening him. The deputy sought cover behind his vehicle until he was able to safely retreat and leave the property. A $30,000…
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//blawgsearch75.rssing.com/chan-6519914/article27493-live.html
Rodriguez v. McDonald, No. 12-56594 (9-29-17)(Lasnik w/Pregerson & Friedland). The 9th reverses the district court's denial of petitioner's habeas petition challenging his conviction for second degree murder. The 9th concludes that a juvenile who invoked his right to a lawyer was clearly denied assistance of counsel. He was then badgered into confessing a murder. The recording of the interrogation leaves no doubt. The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2017/09/29/12-56594.pdf
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This Week in Innocence News – September 29, 2017
Here are some of this week’s news highlights: Houston crime lab workers shield evidence from hurricane Harvey Staff at the Houston Forensic Science Center successfully secured crime scene evidence ahead of hurricane Harvey to avoid loss or damage like that which was sustained in New Orleans during hurricane Katrina. Read more Brooklyn tailor dresses the wrongfully convicted for what lies ahead Last January, Bindle & Keep founder Daniel Friedman pledged to dress clients of the Innocence Project upon their release from prison, celebrating their freedom and facilitating their transition back into the work force. Fast Company Texas refuses DNA testing for man scheduled to die in November Innocence Project client Larry Swearingen is scheduled to die on November 16, despite DNA evidence that excludes him from the 1998 murder for which he was convicted. Texas courts have repeatedly struck down his requests for DNA…
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“Selfies” Can Cause You Serious Trouble in Your Criminal Case
Everyone loves a good selfie. A Miami man known to his friends as “Cuban Harry” was no different. With more than 36,000 followers on Instagram, he was enmeshed in the South Florida hip-hop scene, and regularly posted about his exploits. Pictures showed him flashing gold grills, body tattoos, blowing out smoke and aiming guns. One of his most popular poses, though, was with his hands clasped around a cup of what he called, “Purple Drank.” Celebrated by Southern rappers, the liquid is a type of brewed cough syrup and other substances. But now, say prosecutors, he is facing criminal charges for more than simply sipping on sizzurp. He is accused of manufacturing and distributing it illegally. Some of his customers were rappers, others just regulars in the scene. Prosecutors alleged defendant rounded up a gang of young men who would rob stores for the ingredients necessary to make the drink. It did not help his case that he referred to himself on social media…
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Melania Wants to Learn About Opioids
Melania Trump attended a White House "roundtable" on opioid abuse with Ms Most Unimportant Person in the World. Melania met with experts and people who have been impacted by drug addiction, including opioids, on Thursday The mother-of-one... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Tom Price Resigns as Head of HHS
Trump cabinet member Tom Price has resigned as director of Health and Human Services. FlightGate proved too much. The work-related travel, which was first reported Sept. 19 by Politico, cost taxpayers nearly $1 million, or about $400,000 for... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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A Librarian’s Complaint
Remember Liz Phipps Soeiro? No? She doesn’t sing or dance. She doesn’t tell jokes on TV. Chances are that outside of a room in a school in Cambridge, Massachusetts, no one knew the name. Now they do. Dear Mrs. Trump, Thank you for the ten Dr. Seuss titles that you sent my school library in recognition of this year’s National Read a Book Day. (Sent second-day air, no less! That must have been expensive.) This was the start of an “open letter” published at The Horn Book, a site for children’s books. Someone sent ten Dr. Seuss books in Melania Trump’s name to Soeiro for her school’s library, and she responded by lecturing and chastising the First Lady for the gift. Sent second-day air, no less! I’m proud that you recognized my school as something special. It truly is. Our beautiful and diverse student body is made up of children from all over the world; from different socioeconomic statuses; with a spectrum of gender…
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Crash blocking WB I-84 at 147
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: September 30, 2017 6:05 a.m. Please direct questions to the District Office The Idaho State Police is currently investigating a crash on I-84 near milepost 147, in Gooding county. The westbound lanes are currently blocked. More information will be released as it becomes available. 3632/3643 -------------
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Judge Ross Moody: A Long Arm And A Short Fuse
A public defender in San Francisco PD Jeff Adachi’s office, John Paul Passaglia, put his arm around his client. It might have been viewed as a heart-warming gesture, but Judge Ross Moody wasn’t feeling it. John Paul Passaglia, an attorney with Adachi’s office, faces five days in jail and a $1,000 fine for allegedly failing to step away from his client after Judge Ross Moody ordered him to do so in a hearing Sept. 14. Passaglia said he did not defy the judge’s orders, but that he was in shock and “reacted to an unethical demand” when his client was allegedly wrongfully taken in custody during the hearing. His client remained in jail Friday. To the extent the story is told, Passaglia’s client, Michael Bayanos, was holding up the machinery of justice by not pleading quickly enough. Passaglia said that Moody twice threatened to jail his client, Michael Bayanos — a 55-year-old Filipino immigrant with limited English speaking…
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