Maritza Espinoza - El festival de los mortífagos Maritza Espinoza Domingo, 5 de Noviembre del 2017 http://larepublica.pe/domingo/1141185-el-festival-de-los-mortifagos Mortífago lo relacioné con muerte, luego de leer el artículo de la comentarista insatisfecha de todo y por todo, se me ocurrió buscar su significado jejeje!!!, no tenía idea que se relacionaba con Harry Potter, ignorancia supina con que la señora Maritza Espinoza se deleitaría si pudiera criticarme, me salva la invisibilidad. ¡Hay que matar a cuanto cristiano delinca es la posición hipócrita y traicionera de los “mortífagos” que, ahora, conociendo su significado me suena a un comentario esotérico cubierto con el manto impresentable de la ironía. La muerte, pienso, no es el fin de la vida es un tren que nadie, menos personas insatisfechas, conoce su destino.…
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In praise of an extraordinary new resource, "Reforming Criminal Justice"
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Update in Manslaughter Case Against Khari Noerdlinger: Prosecutor Refuses To Respond To Allegations of Perjury and Misconduct
Despite promising the Court in September to “respond the same as I always do” to Khari Noerdlinger’s motion to dismiss the remaining charges against him due to prosecutorial misconduct and perjury in his grand jury, Assistant Prosecutor Danielle Grootenboer of the Bergen County Prosecutor’s Office did quite the opposite this week: she refused to respond Mr. Noerdlinger’s allegations and instead simply re-indicted Mr. Noerdlinger on the minor charges still in existence – presumably without the problems of the massive perjury which fouled the last indictment. By tossing out the indictment and refiling the same charges, the Prosecutor’s Office actually believes it can avoid having to explain away the massive perjury and misconduct which permeated the original indictment filed nearly two years ago against Mr. Noerdlinger and attempt a fresh start in this case – despite the fact that Mr. Noerdlinger was damaged by the false…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. The Idea of 'The Criminal Justice System' Sara Mayeux Vanderbilt University - Law School Date Posted: 10 Oct 2017 [3rd last week] 208 2. Corpus Linguistics as a Tool in...
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Tuerkheimer on Anti-Subordination
Deborah Tuerkheimer (Northwestern University - Pritzker School of Law) has posted Criminal Justice and the Mattering of Lives (Michigan Law Review, Forthcoming) on SSRN. Here is the abstract: James Forman's "Locking Up Our Own: Crime and Punishment in Black America"...
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ALF Voted Second Best Criminal Law Blog In The Nation
Readers, We wanted to take a second to thank you all for coming out in droves to vote for our blog in The Expert Institute’s Best Legal Blog contest. We ended up taking second place in the Criminal Law category thanks to our loyal readers who helped push us towards the top. We finished with an astounding 1,292 votes, which not only would have been good enough to win the contest each of the last two years we’ve been nominated, but it is far and away the most votes we’ve received in the three years we’ve been in the contest. So even though we didn’t take home the gold, we’ve been blown away by the support we’ve received from readers like you. Now that the contest is over, we promise to stop blowing up your social media channels with posts and tweets asking for your vote, but we won’t stop publishing informative and creative content on our blog. We love sharing new and topical criminal law information that can enlighten you or help…
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Road Rage in Georgia – How a Fender Bender Led to a Deadly Shooting
Car wrecks are very stressful for all parties involved. You may be angry or injured. However, in some instances, a harrowing scenario becomes a tragedy when parties lose their cool. In one of the most recent episodes of road rage in Georgia, a driver lost his life. A deadly shooting occurred in DeKalb County in June, reported Fox News. Police said the killing followed a relatively minor fender bender on the side of Interstate Drivers said they were shocked to find out that the incident caused a man to be shot to death on the side of Interstate 285. Investigators said the incident unfolded when a beige pickup truck rear-ended a silver Lexus. The impact was only slight, according to police. The incident occurred during a rush hour evening in June. Road rage in Georgia Police said the driver of the Lexus got out of his car and was shot dead by the pickup driver. DeKalb County resident Chery Simkins told WSB-TV the incident highlighted how on edge many drivers were during the…
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Two notable summary reversals from SCOTUS after circuits failed, yet again, to properly follow AEDPA
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Bennett: The Art of Opening Statements, First Installment
In my 400 sum criminal and civil jury trials, I have heard a great many very good closing arguments. No so much with opening statements. Even among very well-prepared and very-good trial lawyers, their opening statements are often not as well crafted as the rest of the trial and do not show-case their considerable skills. I offer the following observations focusing on criminal jury trials. RULE NUMBER ONE: All great trial lawyers are great story tellers, but not all great storytelling lawyers are great trial lawyers. It takes more than just being a great story teller to be a great trial lawyer but I am convinced you can’t be a great trial lawyer without being a great story teller. RULE NUMBER TWO: The most common yet worst way to give an opening statement. Several AUSA’s and many defense lawyers fall into this mode: They simply summarize what each witness will tell the jury. “And next, Mr.Jones will tell you he bought meth on one occasion from Mr. Smith, who…
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Fox Attorneys to Speak on at “Marijuana in the Workplace” Event
A hot-button issue for attorneys and business alike is how the implementation of Pennsylvania’s Medical Marijuana Program will affect the workplace. My colleague Josh Horn and I will be serving on a panel to discuss this topic next week! Copyright: jirkaejc / 123RF Stock Photo The event, “Impact of Legalized Marijuana in the Workplace” will be hosted by the Philadelphia Labor and Employment Relations Association and the Philadelphia Bar Association Employment Law Committee. It will take place on Tuesday, November 14, 2017 at 5:30 PM at The Racquet Club of Philadelphia. The discussion will outline Pennsylvania’s Medical Marijuana Act and then delve into several employment law issues from both a labor and management perspective. Check out this link for more information, and click here to register and attend the event!
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Sentencing in Illinois Criminal Cases: Aggravating and Mitigating Factors
After a criminal defendant in Illinois is found guilty of committing a crime, or pleads no contest, a judge will evaluate the facts surrounding the case and then sentence the offender. While making this determination the judge also takes into account relevant mitigating factors (i.e. factors that support imposing a lesser penalty) and aggravating factors (i.e. factors that support imposing a harsher penalty). Mitigating Factors Under code section 730 ILCS 5/5-5-3.1 of the Illinois Compiled Statutes, judges in Illinois are required to consider the following mitigating factors when determining an offender’s sentence: The offender’s criminal conduct did not cause, or threaten, serious physical harm to another, The offender did not consider that his or her conduct would cause or threaten serious physical harm to another, The offender was provoked, There were substantial facts that, although they failed to establish a defense, tended to excuse the offender’s…
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Clearwater Official Accused of Being Drunk on Golf Cart, Causing Crash
A Clearwater official was arrested last weekend after being accused of being drunk while driving a golf cart. According to police, the man, who is the city’s community redevelopment agency director, drove the golf cart into outdoor tables at the Clear Sky Restaurant on Cleveland Street. Authorities said the 38-year-old then grabbed a person by the neck who was filming the incident. The man then allegedly left the scene. He was stopped a short distance later and eventually taken to the Pinellas County Jail but not booked. Instead, he was entered into an Adult Pre-Arrest Diversion Program early Sunday, which allows adults arrested for low-level crimes to avoid jail by completing community service, counseling or drug treatment. That would allow him to complete community service instead of jail. However, the man has been placed on administrative leave. He has worked for the city since 2016. A golf cart is considered a vehicle under Florida law, so driving one while drunk…
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Gould & Leon on Extralegal Factors in Federal Death Penalty Cases
Jon B. Gould and Kenneth S. Leon (American University - School of Public Affairs and George Washington University) has posted A Culture That Is Hard to Defend: Extralegal Factors in Federal Death Penalty Cases (Journal of Criminal Law and Criminology,...
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Supreme Court of North Carolina: Officer Did Not Improperly Extend a Traffic Stop by Frisking a Driver and Ordering the Driver into a Patrol Car
In 2015, the Supreme Court of the United States decided Rodriguez v. United States, 575 U.S. __, 135 S. Ct. 1609 (2015). Rodriguez held that it was improper for an officer to extend a traffic stop for several minutes in order to conduct a dog sniff of the stopped vehicle. More generally, the decision requires an officer to pursue the “mission” of a traffic stop diligently, without measurably extending the duration of the stop for investigative activity unrelated to the purpose of the stop. Our court of appeals has issued several decisions under Rodriguez, including some in defendants’ favor. Everyone has been waiting for those cases to make their way to the state supreme court. Now one has, and it turns out that the supreme court’s understanding of Rodriguez differs considerably from the view adopted by at least some panels of the court of appeals. The case in question is State v. Bullock, __ N.C. __, __ S.E.2d __, 2017 WL 5017435 (2017), and this post…
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Centurion Ministries Client See Murder Convictions Overturned in Georgia
On Thursday, three men who’ve been in prison for murder for more than half of their lives, had their convictions overturned based on new evidence which suggests their innocence. In 1992, Mark Jason Jones, Kenneth Eric Gardiner and Dominic Brian Lucci were found guilty of shooting to death a man in Savannah, Georgia, and sentenced to life plus five years in prison. The shooting was said to have been racially motivated. Jones, Gardiner and Lucci were soldiers who were stationed at the Fort Stewart Army base at the time they were convicted. According to Peter Camiel, an attorney who works with Centurion Ministries, which is representing Jones, Gardiner and Lucci, on the night of the crime, the three men were at a wedding rehearsal an hour away from the site of the crime. While the men did eventually go to Savannah that night for a bachelor party, says Camiel, they didn’t arrive until after the shooting had already happened. The case went back to court after a 2010 Open…
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The SCOTUS Lineup on the Death Penalty
The Supreme Court today announced a unanimous per curiam opinion in Dunn v. Madison. I'll repeat the Heritage Foundation's summary of the case:[T]he Court reversed a decision of the Eleventh Circuit in an Antiterrorism and Effective Death Penalty Act (AEDPA) case. AEDPA provides that a state prisoner is entitled to federal habeas relief only if the state trial court's adjudication of the prisoner's claim "was contrary to, or involved an unreasonable application of, clearly established Federal law." In this case, an Alabama trial court sentenced Vernon Madison to death for murdering a police officer. Awaiting execution, Madison suffered several strokes and petitioned for habeas, asserting that he had become incompetent to be executed. Experts testified that although Madison could not remember the "sequence of events from the offense to his arrest to the trial or any of those details," he did understand he was "tried and…
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Criminal Defenses: Mistake of Law and Mistake of Fact
There are numerous misunderstandings that individuals have about how the law operates. An often repeated but inaccurate saying is that ignorance of the law does not operate as a defense. In actuality, some individuals who are mistaken about the law might have strong legal defenses for that very reason. A skilled attorney is often able to help individuals create a strong defense to criminal charges in these scenarios. Mistake of Fact Criminal Defenses A mistake of fact occurs when a person believes an incorrect piece of information about a central element of a crime. A person who buys stolen property believing that the seller was a valid owner of the property, for example, has made a mistake of fact. Mistake of fact defenses are available for general intent crimes as well as specific intent crimes. For a general intent crime, however, a person’s mistake must be reasonable, while for a specific intent crime, the mistake does not have to be reasonable. In the case of a…
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SEC Approves New PCAOB Standard
Recently, the SEC approved the PCAOB’s new auditor reporting standard, AS 3101, The Auditor’s Report on an Audit of Financial Statements When the Auditor Expresses an Unqualified Opinion. Hailed as the most significant change to the auditor report’s format in over 70 years, AS 3101 significantly changes the format of the existing auditor’s report, arming investors and market participants with increased information to navigate an ever-expanding and increasingly complex and global marketplace. Adopted by the PCAOB on June 1, 2017, AS 3101 requires auditors to provide new information about the audit and present a more informative and relevant auditor’s report to investors and other financial statement users. The new requirements include: Communication of critical audit matters (CAMs) – i.e., matters communicated or required to be communicated to the audit committee and that: (1) relate to accounts or disclosures that are material to the…
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Rulli on Civil Forfeiture
Louis S. Rulli (University of Pennsylvania Law School) has posted Seizing Family Homes from the Innocent: Can the Eighth Amendment Protect Minorities and the Poor from Excessive Punishment in Civil Forfeiture? (University of Pennsylvania Journal of Constitutional Law, Vol. 19,...
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Nursing Home Rights
Did you know nursing home residents in New Jersey have certain rights that are guaranteed and protected by the law? This is especially important to know if you have a loved one under this type of care. According to the New Jersey State Department of Health, the rights of elders under nursing home care include: Medical care; Freedom from abuse; Access to your finances; Privacy; Security; Visits or visitors; And many other regular basic freedoms and cares. These rights, along with much more, are guaranteed to nursing home residents due to the 1987 Nursing Home Reform Law. This law requires nursing homes to protect each resident’s rights, while placing emphasis on an individual’s dignity and determination. Nursing homes are required to meet federal guidelines if they participate in Medicare or Medicaid (federal health insurance programs), while some states have state laws regulating this type of care. The Nursing Home Reform Law requires each nursing home to maintain a…
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