As this report from The Cannabist details, there were a few minutes of discussion of medical marijuana during an oversight hearing in the US Senate today with Attorney General Jeff Sessions. Here are the basic details: In testimony before the Senate Judiciary Committee on Wednesday morning, U.S. Attorney General Jeff...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/KvrOnu940A0" height="1" width="1" alt=""/>
Senator Orrin Hatch questions Attorney General Jeff Sessions about medical marijuana research
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Online Solicitation of a Minor in Texas
Media reports state that police in Texas have been very active in targeting online predators Using the internet to arrange or ask for sex or sexual contact with an underage individual is a serious crime under both federal law and Texas state law. Many people view the internet as a sort of Wild Wild West, in which the rules are lax and no one really polices conversations or exchanges. This is incorrect. In fact, law enforcement at the local, state, and federal levels actively monitor what occurs online. Furthermore, you don’t have to actually make physical contact with a minor or even meet a minor in person to be charged with solicitation. Police Stings for Online Solicitation of a Minor in Texas Media reports state that police in Texas have been very active in targeting online predators and setting up sting operations designed to catch individuals who attempt to solicit sex or sexual contact with children over the internet. One report states that police in the Houston…
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Massachusetts Prosecutors Dismiss Indictment Against George Perrot, Concluding 30-year Quest to Prove His Innocence
FBI’s Admitted Errors Instrumental in Securing Perrot’s Freedom Springfield, MA (October 18, 2017) – Prosecutors representing the Commonwealth of Massachusetts filed paperwork today with the Massachusetts Superior Court dismissing the indictment against George Perrot, bringing a close to his three-decade fight for justice. Perrot, a Massachusetts resident, served nearly 30 years in prison after having been wrongfully convicted of a 1985 sexual assault of an elderly woman in Springfield, Massachusetts. Related: FBI agents gave erroneous testimony in at least 90% of hair analysis testimony Today’s filing by the Commonwealth takes place 20 months after attorneys representing Perrot secured his successful release from prison in February 2016. Perrot’s release followed a September 2015 two-day hearing during which Perrot’s legal team demonstrated that his conviction had been the result of erroneous FBI hair analysis testimony…
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Mayeux on The Idea of "The Criminal Justice System"
Sara Mayeux (Vanderbilt University - Law School) has posted The Idea of 'The Criminal Justice System' (American Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: The phrase “the criminal justice system” is ubiquitous in discussions of criminal...
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Special issue of Federal Probation looks at "30 Years with Federal Sentencing Guidelines"
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ACLU of Pennsylvania reports on a "Cannabis Crackdown" in form of increased and disparate marijuana arrests in most of the state
As reported via this press release, headlined "ACLU of Pennsylvania Analysis Shows Statewide Increase in Marijuana Arrests," a new report has some interesting new data on marijuana arrests in the Keystone state. Here are the basics from the release: The American Civil Liberties Union of Pennsylvania released a new report...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/dLPOfQA6CRU" height="1" width="1" alt=""/>
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BLACK TUESDAY
Tuesday of this week will forever be known henceforth as "Black Tuesday" judging (pun intended) from the moaning, groaning and shocking movement of judges in and out of the REGJB pending the New Year. For example, Judge Richard Hersch was said to be beside himself (and not in a good way) with his pending assignment to Juvenile in the new year. Ditto Judge Pooler. Some judges are calling it a massacre. Others could just be heard weeping softly into their cafe-con-leche's Wednesday morning. The loss of these judges along with De La O and Rudy Ruiz, along with the loss of Judge Colodny who already went to probate (Probate???) recently, means that the REGJB has suffered and will suffer a substantial talent drain. The list is below:(btw that new judge "vacancy" listed as going to Juvie could well be the best of the bunch. Guaranteed not to screw anything up.)Judicial Rotation 2018 by Rumpole21 on ScribdSite Feed
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Utah Man Arrested for Exploiting Prostitution
A Utah man was arrested for exploiting prostitution during a human trafficking sting over the weekend in Salt Lake County. The Pimp According to a bookings report from the Salt Lake County Jail, 28 year old Roger Dewayne Jessop was arrested on Friday for exploiting prostitution, a third degree felony. Police reports state Jessop was […]
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Breath test evidence still on hold as Office of Alcohol Testing Fires Department Head
Massachusetts breath test evidence not being used in Court as the Head of the Office of Alcohol Testing was fired Monday. Melissa O’Meara, the head of the Massachusetts Office of Alcohol, was fired Monday amid an investigation which uncovered that the office was withholding evidence of breath test machines that were improperly calibrated. The 126 page report cultivated by public safety officials stated that the withholding of such evidence was done intentionally and was not the result of a big mistake. O’Meara was the technical leader of the Office of Alcohol Testing and had the responsibility of certifying the reliability of the breath tests submitted by defendant’s under arrest for operating under the influence of alcohol. Melissa O’ Meara worked with the Massachusetts State Police for nearly a decade. The Massachusetts Office of Alcohol Testing oversees all of the states breathalyzer machines. They ensure the machines are up to date, and…
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Chain of custody must be attacked despite Virginia caselaw
Chain of custody challenges need to be pursued by criminal lawyers for drug cases, blood draw analysis cases, DNA cases, other physical evidence cases (for instance where a handgun is recovered), and other cases where a successful chain of custody challenge will benefit the defendant. Chain of custody can be compromised in many ways, and that compromising needs to be pounced on Chain of custody involves the chronological movement of criminal case evidence from the time it comes into existence, and then is collected, packaged, transported, opened and repackaged. The importance of reliable chain of custody includes such factors as assuring the correct source of the item; assuring the item has not been compromised by contamination (for instance by being held in bare hands or being placed on the same surfaces as unrelated evidence without first cleaning the surface) nor commingling with items or fingerprints unrelated to the case; and assuring that the item is in close to the same…
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Three Steps to Apply for an EB-5 Immigrant Investor Visa
When entrepreneurs invest significant sums of money in the United States they can qualify for an EB-5 immigrant investor visa in some cases, allowing them to gain a green card. The immigrant investor program is based on a qualifying investment in a commercial enterprise in the United States. The category was first set up in 1990. Although it was once underutilized, it became a popular option in recent years, partially due to over-subscription in other employment-based categories. Three steps to apply for an EB-5 immigrant investor visa To qualify for an EB-5 visa, a foreign investor must invest at least $1 million in a U.S. commercial enterprise. He or she can qualify by investing $500,000 if the enterprise is in a rural area or an area with high unemployment known as a targeted employment area. Often the investment is made through regional centers which pool investors’ money and apply funds toward projects to boost the economy in the approved area. If you are applying…
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The Curious Case of the Disclaimer That Didn’t Bark
Victor P. Goldberg, The MacPherson-Henningsen Puzzle (2017), available at SSRN. John C.P. Goldberg In The MacPherson-Henningsen Puzzle, Victor Goldberg juxtaposes two landmark product liability cases to identify an interesting historical question about product manufacturers’ ability to contract around their tort obligations. With some nice detective work, he then offers an answer to the question, in the process reminding us of the complex interrelation among legal rules, the legal profession, and social norms. Claus Henningsen purchased from Bloomfield Motors a car manufactured by Chrysler. While Claus’s wife Helen was driving, the car “took an unscheduled turn into a wall” (to borrow Marc Franklin’s memorable description). In Henningsen v. Bloomfield Motors (1960), the New Jersey Supreme Court upheld a verdict for the plaintiffs. The court deemed automobile manufacturers implicitly to warrant their products’ fitness not only to…
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The Murder “Epidemic” Spreads
As the opioid “epidemic” continues to be the driver of drug hysteria, and the drug dealers who sell to people who overdose are prosecuted not as dealers, but as murderers, the concept of murder continues to expand. First, it went from dealer to sharer. Now, an introduction to a connection is all it takes. But Jamie Nelson, 34, was not the dealer who provided the fentanyl and heroin that killed Tracy Skornika in June. According to police, Skornika gave Nelson $50 to help her to find a heroin connection. Nelson took her to a dealer she apparently knew. Skornika overdosed and was found on her bathroom floor. She was pronounced dead three hours later at a hospital. There’s nothing is this story that even suggests that Nelson wanted her friend dead. The Orlando Sentinel report on the case notes that Nelson cried when she found out Skornika had died. That Nelson felt terrible, even cried, isn’t a defense to a murder. But then, that doesn’t…
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Teacher arrested on Georgia campus faces felony drug charges
Individuals who are accused of a crime may face numerous hardships, even if a conviction is not obtained. Allegations alone can have an impact on one's reputation in the community, and may even affect his or her employment. A part-time teacher at Kennesaw State University has recently been arrested on campus, and is reportedly facing multiple drug charges in Georgia as a result. Campus police claim to have found the man passed out in the KSU student center at around 10 p.m. When questioned by authorities, the man allegedly admitted to consuming several beers before driving to the campus. Police assert that he gave them permission to initiate a search of his vehicle, which allegedly unearthed the presence of various types and amounts of regulated controlled substances, along with an open container of alcohol. He was taken into custody and is reportedly facing three felony drug charges in relation to the incident. The penalties for similar charges are severe, and if…
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California Law and How Senate Bill 620 Changes Things When it Comes to Sentencing Enhancements
On October 11 California Governor Jerry Brown signed a bill sponsored by the ACLU of California into law that will impact sentencing for felons convicted of crimes in which a firearm was used. Is the new law a good thing or a bad thing? It really depends on your own opinion. According to some reports law enforcement leaders feel Senate Bill 620 will only result in additional gun violence, however Senator Steve Bradford, author of the bill, says it’s really about justice. Bradford said in a statement that “No one disputes that crimes involving firearms must be taken seriously, but California should not continue forcing judges to dole out extreme and overly punitive sentences that don’t fit the crime.” Bradford feels that judges should be afforded the same discretion at sentencing that prosecutors are afforded when filing criminal charges, and that California’s “overly punitive” sentencing laws disproportionately affected people of color.…
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Identity theft charge for fake lawyer
Identity theft charge for fake lawyerA Lynwood woman faces federal charges for identity theft and mail fraud. According to the US Attorney’s Office, the woman used the identity and bar license number of a California attorney. The woman used the information to fool clients into believing she was an immigration attorney. The woman also filed immigration petitions on behalf of clients. Allegedly, the woman took thousands of dollars from dozens of clients seeking legal immigration status in the United States. In some cases, the woman actually filed the immigration petitions. In other cases, she pocketed the money. She also created false immigration papers that one person used to enter the United States. A number of the clients became suspicious after she directed them to go to US Customs and Immigration Services to pick up their green cards. Once there, they discovered that they did not have permanent resident status. According to US officials, the fake immigration…
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Texas serial killer gets prosecutors to seek at obtain a last-minute delay of execution
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Patricia Del Río y Kim Kardashian
https://elcomercio.pe/opinion/rincon-del-autor/yotambien-patricia-rio-noticia-466828 El artículo que contiene el enlace precedente es un muy buen artículo de la señora Patricia Del Río, que, en mi opinión confirma lo que las propias mujeres se niegan a aceptar, el hombre es perseguidor y la mujer se deja perseguir o utiliza esa condición del varón para obtener los mayores provechos posibles. Aliyssa Milano tan bella como la autora del comentario del enlace, en una nota que aparece en otra página del Decano del día de hoy -19 de octubre de 2017- critica la doble moral en Internet por ejemplo, considerar inadecuado que una mujer se fotografíe dando de amantar a sus bebés y no se escandalicen por el "increible trasero de Kim Kardashian" (Alissa Milano dixit, y estoy de acuerdo) vean sino la foto: En estos momento está hablando con la señora Del…
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WaPo: Justice Department creates watchdog for asset forfeiture program
WaPo: Justice Department creates watchdog for asset forfeiture program by Sari Horowitz: Attorney General Jeff Sessions is setting up a unit in the Justice Department to oversee a policy he reinstated to help state and local police take cash and … Continue reading →
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CA6: 4A claim barred by Heck so appeal summarily affirmed
Plaintiff’s civil rights Fourth Amendment claim is barred by Heck because it necessarily calls into question the validity of the underlying conviction. The claim is barred on its face, so qualified immunity is moot. West v. Saginaw Twp. Police Dep’t, … Continue reading →
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