Reviewing the backstory of the Supreme Court's recent capital cert grant
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Aggravated Assault and False Reporting in Arizona
In a recent Arizona aggravated assault case, the plaintiff appealed convictions and sentences for aggravated assault and false reporting. For two days in 2015, the victim and the defendant, as well as their girlfriends, drank alcohol in an empty lot. Early on the second morning, the defendant stabbed the victim in the back three times. The victim got the knife away, and the defendant fled. The victim had to undergo an operation for a punctured lung and was hospitalized for eight days. The police found the defendant walking down the road after learning of the stabbing. When they asked him for an ID, he gave them false names and birthdates. He later told them he’d been knocked out by a black man in a hoodie and denied that he’d stabbed anybody. The victim advised the police that he was stabbed by “J.J.,” which was a nickname the defendant gave them. The defendant was arrested for the stabbing. Before the trial, the defendant was recorded calling a woman…
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Motorcyclist Killed in High-Speed Port St. Lucie Crash
A 23-year-old motorcyclist was killed Tuesday following a crash in Port St. Lucie, police said. The motorcyclist was eastbound on Southwest St. Lucie West Boulevard on a 2011 Kawasaki when he crashed into a 2004 Honda Pilot as it turned onto Southwest California Boulevard. The man struck the Honda at a high rate of speed, police said. The man driving the Honda sustained minor injuries and was released from a hospital. The motorcyclist died at the scene. Port St. Lucie police are still investigating the crash. When a person is involved in a car accident, they have a seatbelt, air bags, and a sturdy car surrounding them as protection in the event of a crash. Even with all these safety features, catastrophic injury can result. Motorcyclist lack most of the protections a car provides to passengers, so you can imagine what damage a motorcyclist can sustain in an accident. Broken bones, neck injuries, back injuries and severe brain trauma are just a few of the possible injuries that…
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Marion County Teacher Assistant Charged with Molesting Student
A Marion County teacher assistant was recently charged with molesting a middle school student, according to Marion County Sheriff’s Office. The 36-year-old is being charged with lewd or lascivious molestation. The Marion County Sheriff’s Office said she allegedly admitted to investigators that she had sexual contact with a then 14-year-old student. According to the sheriff’s office, she was working as a paraprofessional teacher’s assistant at the school at the time when she met the student. Marion County Public School officials say she has been removed from the classroom and is on paid administrative leave. The investigation started in July of 2017 when a Marion County Sheriff’s Office deputy found a suspicious vehicle in a church parking lot. According to investigators, the deputy found the woman alone and partially clothed. Authorities claim the woman made statements about having a relationship with an 8th grade student. Investigators said…
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2 Jacksonville High School Students Accused of Bringing Guns on Campus
A Mandarin High School student and an 18-year-old Northside charter school student were allegedly caught Friday with guns on their respective campuses, according to police. The 18-year-old was arrested Friday with a loaded gun in his book bag at Biscayne High Charter School on the Northside, police said. The gun had 14 rounds in it, according to a Jacksonville Sheriff’s Office arrest report. He is scheduled to appear in court Oct. 30. Across town, a 17-year-old apparently had a loaded .380 handgun at Mandarin High and was also charged with possession of marijuana, according to reports. There were five rounds in the gun. No students or staff were hurt. There have been three gun-in-school arrests in Duval County this school year. During the 2016-17 school year, there were 17 arrests in incidents that resulted in 11 guns, a Taser and a starter pistol being confiscated. Gun violence is certainly an ongoing issue, and something high schools, middle schools and even…
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Bo on Piracy
Marta Bo has posted Piracy at the Intersection between International and National: Regional Enforcement of a Transnational Crime (Forthcoming in: 'Legal Responses to Transnational and International Crimes' (Elgar) edited by Harmen van der Wilt and Christophe Paulussen., T.M.C. Asser Institute...
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Execution Protocols and Bureaucracy
Don Thompson reports for AP that California's Office of Administrative Law has once again rejected the state's proposed new execution protocol. Why do these bureaucrats have any say in the matter anyway? "This is stupid," said Kent Scheidegger, legal director of the Criminal Justice Legal Foundation that sued to force the new rules. Since the regulations must be approved by state and federal judges anyway, he said, "this additional layer of bureaucracy is completely unnecessary." That's why death penalty supporters ended the role of the Office of Administrative Law in Proposition 66, the ballot measure that voters approved in November, he said. * * * The regulatory office similarly rejected an earlier proposal in December. It said in a brief decision Monday that some of those same issues remain unresolved. …
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Importancia de los indicios en el Derecho Penal
No es éste un análisis doctrinario del título de esta entrada y no lo es porqué está dirigido a todo ser humano pensante de nuestra nación o cualquier otra. El estado de nervios, zozobra y miedo generado por una "amenaza actual", poniendo en peligro la vida de quién es amenazado genera reacciones que, por elemental sentido común no son las que el amenazado tomaría en una situación normal. Por ejemplo, si un delincuente con pistola en mano le exige a la víctima que retire todo el dinero del cajero automático de una institución financiera con la tarjeta que ha visto en su billetera después de obligarlo a que se la entregue, es muy probable que la persona amenazada de perder la vida OLVIDE la clave de la tarjeta y el delincuente incapaz de entender las limitaciones del humano en tales circunstancias termine dándole muerte o provocarle, además del…
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NYC Admin. Code 19-190: The Legality of the Due Care Standard for Right of Way Arrests
New York City Administrative Code 19-190, generally defined as failing to exercise “due care” and violating the right of way of pedestrians and cyclists, is a relatively new statute drafted and passed by New York City. Not codified in the New York Penal Law, legislation drafted and passed by the State Legislature and New York State Governor, AC 19-190 is an unclassified misdemeanor. While a conviction can land a person in jail, aka, Rikers Island, it is generally not the sentence of imprisonment that is of grave concern, but the fact that a criminal administrative code violation is indelible. In other words, whether you are convicted of a New York State Tax crime, New York State Penal Law offense or New York City Administrative Code misdemeanor, you will have a permanent criminal record. This blog entry will address some of the legal issues that have arisen since the enactment of AC 19-190. In pertinent part, AC 19-190[b] makes it a crime punishable by as much as…
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"Sessions fleshes out plan to crack down on gangs, drugs and guns"
From Politico: Attorney General Jeff Sessions is unveiling a new aspect of his promised crackdown on violent crime: the reinvigoration of a longstanding Justice Department program aimed at getting federal prosecutors to make a concerted effort to stem drug trafficking...
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LV Security Guard Shot Before Paddock Began Shooting From Windows
Here is the video of the Las Vegas Sheriff Department media update today on shooter Stephen Paddock. Police have now interviewed the security guard. The Sheriff changes the timeline and now says the security guard was shot at 9:59 p.m. He was... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"New California law limits reach of registry for lower-level sex offenders"
Doug Berman has this post at Sentencing Law & Policy. From his excerpt of a local report: The measure was introduced at the request of Los Angeles County Dist. Atty. Jackie Lacey and other law enforcement officials who said the...
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Crash Blocking Southbound Lane of SH-55,
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: 10/09/17 08:24 p.m. MST Please direct questions to the District Office Idaho State Police is investigating a crash southbound SH-55 near milepost 74, north of Gardena. The southbound lane is currently blocked. Further updates will be provided when they are available. 4031 / 3641 -------------
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Making the case against the death penalty on the 15th "World Day against the Death Penalty"
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Man Faces over 200 Charges for Swindling Seniors with Sweepstakes Scam
Louisville resident Kingsley I. Ekpendu has been accused of targeting elderly people using a hoax consisting of telling them they had won cash prizes in a sweepstakes. He allegedly extorted money from the assumed winners after sending them counterfeit checks to deposit into their bank accounts. He then asked that they overnight money to a specified address. It is suspected that he was able to con hundreds of thousands of dollars from people in this manner. Police stated that between September 2 and October 4 Ekpendu allegedly mailed letters to three or more addresses announcing they were winners of the Publishers Clearing House Super Cash Giveaway. The letters held fraudulent checks for amounts between $6,000 and $8,000, and instructions to deposit the check and overnight mail an amount ranging from $5,200 to $7,000 in order to claim their winnings. Law enforcement received information from a local shipping company who became suspicious of the number and size of the packages…
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"Inside Private Prisons: An American Dilemma in the Age of Mass Incarceration"
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Lasch et al. on Sanctuary Cities
Christopher N. Lasch, Linus Chan, Ingrid V. Eagly, Dina Francesca Haynes, Annie Lai, Elizabeth McCormick and Juliet P. Stumpf (University of Denver Sturm College of Law, University of Minnesota School of Law - Center for New Americans, University of California,...
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How To Behave When Pulled Over For Speeding
How To Behave When Pulled Over For Speeding I know that I am not alone when I say that getting ... The post How To Behave When Pulled Over For Speeding appeared first on Weiland Upton.
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Filing a Petition for Factual Innocence in California
Have you ever been arrested for a crime that you did not commit? Unfortunately, this happens all too often in Los Angeles, CA. As police ramp up efforts to reduce crime, innocent people can easily get caught up in the legal system for being in the wrong place at the wrong time. Many times, innocent […]
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That Boy Ain't Right
In an emperor's new clothes moment for the GOP, Republican chair of the Senate Foreign Relations Committee, Bob Corker, stated that the White House has become “an adult day care center,” that "every single day at the White House, it’s a situation of [senior officials] trying to contain him,” and that Trump’s behavior is setting the nation “on the path to World War III.” What's more, Corker admitted in a Washington Post interview that most Republicans in Congress are well aware of this: “Look, except for a few people, the vast majority of our caucus understands what we’re dealing with here. Of course, they understand the volatility that we’re dealing with and the tremendous amount of work that it takes by people around him to keep him in the middle of the road.”Corker's "day care center" comment couldn't be more apt given…
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