Jury selection is one of the most important aspects of any case. At Tilem Law Offices, our seasoned New York gun crime lawyers have handled countless voir dire selection processes and understand just what it takes to make sure that you receive a fair jury. As a recent appellate opinion indicates, even the clothes you are wearing during jury selection may have an impact on your legal rights. In the case, the defendant was arrested while entering a vehicle that was reported stolen at gunpoint nearly two weeks before. The defendant was charged with both first-degree and second-degree robbery. Before the jury selection phase of the trial, the defendant noted that he was not wearing his own clothing and that he was not provided with a chance to contact his family. The defendant requested an adjournment, which was granted. The judge granted the adjournment to allow the defendant a chance to obtain plain clothes, as opposed to the orange correctional facilities jumpsuit that he was…
New York Appellate Court Affirms Denial of New Trial When Defendant Was Wearing Prison Clothes During Jury Selection
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The Twinkie Defense – Not for Every Case
Criminal attorneys frequently assert novel defenses at trial and during plea negotiations. One of the more interesting defenses, sometimes referred to as the “Twinkie” defense, has existed for a number of years. It sounds patently silly on the surface given its name, but may actually have some basis in reality and, under appropriate circumstances, may be used effectively in cases involving criminal defendants with mental health issues. The earliest notable use of the defense dates back to the trial of Dan White who was charged in the 1970s with shooting George Moscone, the Mayor of San Francisco, and Harvey Milk, a city supervisor. Defense counsel presented evidence that White was mentally ill and depressed, and that his symptoms were worsened by eating junk food. White’s “main” defense was actually diminished capacity, but he asserted that eating large amounts of junk food contributed to his existing mental health…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Congressional Control of Presidential Pardons Glenn Harlan Reynolds University of Tennessee College of Law Date Posted: 28 Aug 2017 3,677 2. Revenge Against Robots Christina Mulligan Brooklyn Law School Date...
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Case o' The Week: A Stitch in Twine Saves Nine (from reversing) - Spatig and Mens Rea in "Knowingly" Statutes
Mens rea, frayed Twine, on Ninth's mind. United States v. Spatig, 2017 WL 4018398 (9thCir. Sept. 13, 2017), decision available here.Players:Decision by Judge McKeown, joined by Judge Nguyen and visiting 10th Circuit Judge Murphy. Hard fought appeal by AFD Steven Richert, Federal Defenders Services of Idaho. Facts: Spatig ran a company that ended up with lots of bulk paint and paint-related materials. Id.at *1. When Spatig’s wife became ill he stopped working and decided to store these materials at his Idaho residence (with no EPA permit). Id. County officials found the stuff in 2005 and destroyed much of it. Id. However, in 2010, hazardous materials were again found strewn across the property: corroded, rusted, and not stored safely. Id. An EPA team came in, removed over 3,000 containers, and spent almost half a million dollars on the clean-up. Id. Spatig was charged with knowingly storing and disposing hazardous waste,…
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Out-Of-State Offense Cannot Support Continuous Sexual Abuse Conviction
Under Texas law, a person who commits two or more acts of sexual abuse against a child younger than 14 years of age, during a period that is 30 days or more, can be tried and convicted for “continuous sexual abuse of a child.” This statute enumerated 8 sexual offenses that constitute acts of sexual abuse. Each enumerated offense is a felony. The State of Texas charged that in 2012 Ronald Edgar Lee sexually abused his 9-year-old stepdaughter—once in New Jersey in June and the second time in Abilene, Texas in October. Lee reportedly told detectives with the Abilene Police Department that he had sexually abused the child in Abilene but denied any sexual abuse occurred in New Jersey. The child testified at Lee’s subsequent trial that her stepfather had sexually abused her once in New Jersey and only once in Texas. Defense Objects to Out-of-State Act Lee’s defense attorney formally objected to the use of the alleged New Jersey…
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Crash on I84 West of Burley Causing Delays
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: 10/08/17 4:40 p.m. Please direct questions to the District Office The Idaho State Police is currently on location of a property damage crash westbound Interstate 84 at mile post 196,west of Burley. All lanes are open at this time however traffic is congested in the area causing delays. 3638 / 3642 -------------
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GEORGE CHOLAKIS HAS PASSED AWAY
It is with a very deep and heavy heart that we report that our good friend and colleague George Cholakis has passed away. The details are still unclear, but it appears to have occurred at the Dolphins game on Sunday. And if you knew George, you know that Dolphin home games and tail-gating with his friends were one of the things he looked forward to all year. This may be one of the last pictures of George. Taken at today's game. George was a good and dedicated lawyer. The highlight of his career was most likely the work he did as a prosecutor taking down a violent street gang. It was a case he dedicated his heart and soul to, and he often spoke about it, proud of the work he had done to make our community safer. George was also dedicated to his wife and his family as well as his church. George was the type of lawyer who always had a smile and time to sit down and talk with you. He was a good guy. A good friend. A dedicated lawyer, husband, and…
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Texas Bail Bond Reform Arguments Reach Fifth Circuit
The United States Fifth Circuit Court of Appeals heard oral arguments last week in a case in which Harris County is being sued for the county’s bail bond procedures that the plaintiffs argue result in widespread detention of individuals who cannot afford bail – even though they are presumed innocent. The case was first argued in front of Judge Lee Rosenthal. She is the Chief United States District Judge for the United States District Court for the Southern District of Texas. Her 193-page scathing opinion of the pre-trial bond system in Texas was covered by the ABA Journal and the Houston Press. Judge Rosenthal found that a bond system that allows those with financial means to be released while forcing those without financial means to remain incarcerated prior to a trial was a violation of Due Process and Equal Protection. She found that Harris County – which has an approach similar to almost every other county in Texas – has a consistent and…
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Texas Bail Bond Reform Arguments Reach Fifth Circuit
The United States Fifth Circuit Court of Appeals heard oral arguments last week in a case in which Harris County is being sued for the county’s bail bond procedures that the plaintiffs argue result in widespread detention of individuals who cannot afford bail – even though they are presumed innocent. The case was first argued in front of Judge Lee Rosenthal. She is the Chief United States District Judge for the United States District Court for the Southern District of Texas. Her 193-page scathing opinion of the pre-trial bond system in Texas was covered by the ABA Journal and the Houston Press. Judge Rosenthal found that a bond system that allows those with financial means to be released while forcing those without financial means to remain incarcerated prior to a trial was a violation of Due Process and Equal Protection. She found that Harris County – which has an approach similar to almost every other county in Texas – has a consistent and…
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Mike Pence Wants Dignity
Mike Pence tweeted why he left the football game today. He said he and Trump "will not dignify any event that disrespects our soldiers, our Flag, or our National Anthem." Can someone please tell him the words dignity and Trump are oxymorons? ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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At least 100 European Isis fighters 'to be prosecuted in Iraq, with most facing death penalty'
Source: The Independent (7 October 2017)http://www.independent.co.uk/news/world/middle-east/isis-foreign-fighters-iraq-prosecuted-death-penalty-families-mosul-a7987831.htmlClick headlines to visit the site.
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WaPo: This surveillance law needs reauthorizing — and tightening, too
WaPo: This surveillance law needs reauthorizing — and tightening, too by the Editorial Board: CONGRESS MUST consider it a priority to pass legislation in the next few months reauthorizing the U.S. intelligence agencies to eavesdrop without a court warrant on … Continue reading →
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Update Crash on I84 West of Burley Causing Delays
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: 10/08/17 7:00 p.m. Please direct questions to the District Office ***Final Release*** This crash is clear. 3638/3642 **end of update** The Idaho State Police is currently on location of a property damage crash westbound Interstate 84 at mile post 196,west of Burley. All lanes are open at this time however traffic is congested in the area causing delays. 3638 / 3642 -------------
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Fatality crash Waha Rd/Webb Rd
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: 10/08/2017 7:21 PM Please direct questions to the District Office On October 08, 2017 hours, about 1453 hours, Robert Parkins of Troy, ID, was driving north on Waha Road in Nez Perce County, in his blue 1986 Kenworth pulling a trailer full of cows. Parkins had a co-worker, Joseph Duman of Kendrick, Idaho, riding with him at the time of the crash. Parkins, while negotiating a right curve in the roadway, lost control of the Kenworth. The Kenworth rolled onto its side and slid off of the roadway, and rolled down the embankment. The Kenworth rolled over back up onto its wheels where it lay at rest off of the roadway. Both Parkins and Duman were ejected from…
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What Happens if Someone Refuses to Sign Divorce Papers in California?
Many people incorrectly believe that they can stop a divorce in its tracks by refusing to sign or respond to their spouse’s legal documents. The truth is that failure to sign divorce papers will do nothing but limit the non-signing spouse’s legal rights – without preventing the divorce. If you are a resident of Ventura or Santa Barbara County who has recently been served with divorce papers, and you are unsure as to how you should proceed, you should go over your rights and responsibilities with an experienced Ventura divorce lawyer as soon as possible. If you ignore the divorce papers for too long, you could inadvertently forfeit your right to participate in your own case. Can You Refuse a Divorce in California? The short answer to this question is no – you cannot legally refuse your husband or wife a divorce, nor can you be refused a divorce by your wife or husband. California’s no-fault divorce laws do not require you to obtain your…
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Green on Prosecutorial Ethics
Bruce A. Green (Fordham University School of Law) has posted Prosecutorial Ethics in Retrospect (Georgetown Journal of Legal Ethics, Vol. 30, No. 461, 2017) on SSRN. Here is the abstract: This Essay examines the ethical regulation of prosecutors over the...
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Las Vegas Shooter Update
There's been all sorts of news updates on Las Vegas shooter Stephen Paddock over the weekend, none of which seem to offer a clue into his behavior. One worthwhile interview I saw was that of Steve Wynn, the billionaire owner of the Mirage and... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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News Scan
Quad Killer's Death Sentence Upheld: The Nevada Supreme Court has upheld the conviction and death sentence of a man who killed four people during a 1998 robbery. Sean Whaley of the Las Vegas Review Journal reports that the court's decision in Johnson (Donte) v. State rejected multiple error claims including a claim that the jury pool did not have a proportionate number of blacks. Johnson and two accomplices gained entry to a Las Vegas home and bound four young men with duct tape. The robbers found $240 in cash, a pager, a video recorder and a video game system, before Johnson shot the four victims in the back of the head. The court's decision noted that the evidence against Johnson was "overwhelming."
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2018 MN Legislative Session to Examine DWI? Man’s 28th Charge Has Lawmakers Talking
A Minnesota man’s 28th DWI arrest is sparking a conversation surrounding state DWI law among state legislators, according to a recent report from KARE11. 64-year-old Danny Bettcher was taken into custody on September 28th after leaving a VFW in New York Mills, Minnesota. A concerned off-duty cop familiar with Bettcher’s history had alerted local authorities before Bettcher left the location, fearing he’d attempt to drive. The Minnesota man was then caught running a stop sign, admitting to authorities, “I am way over, take me to jail.” Can You Lose Your License Permanently for DWI? What’s most interesting about the incident is that Bettcher was in fact using a valid driver’s license, despite having received 27 prior DWI convictions. Representative Dario Anselmo of Edina called the incident a “shock on some many levels.” Currently under state law, Minnesota does not permanently ban serial DWI offenders like Bettcher.…
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Interesting accounting of allocation of marijuana reform revenues in Oregon
Effective use of marijuana reform revenues, in my view, is essential to both the arguments supporting reform and to the sustainability of those arguments over time. For that reason and others, I always find interesting and important any accounting of reform revenues, and this local article from Oregon provides just...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/kdIsOxLMO08" height="1" width="1" alt=""/>
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