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Gross on Rape by Deception about Gender and Nationality

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Aeyal Gross (Tel Aviv University - Buchmann Faculty of Law) has posted Rape by Deception and the Policing of Gender and Nationality Borders (Tulane Journal of Law & Sexuality 24 (2015)) on SSRN. Here is the abstract: In 2012, the...

Hofstra Chronicle: Opinion: Big Brother is watching – The future of police surveillance

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Hofstra Chronicle: Opinion: Big Brother is watching – The future of police surveillance by Delilah Gray: Mid-October, a civilian-held panel voted on whether or not the Los Angeles Police Department (LAPD) could fly drones around, surveilling the streets. You know … Continue reading →

Chicago Woman Exonerated After Eight Years in Prison

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A Chicago woman was exonerated of a 2009 murder on Thursday after spending eight years unjustly behind bars. Kerry Masterson, a client of the Center on Wrongful Convictions, was acquitted at a retrial after her codefendants recanted their original testimony that she was involved in the crime. Following the murder of a convenience store owner in May of 2009, police arrested Beatrice Rosado and Elvin Payton, who had recently been evicted from an upstairs apartment by the shop owner. The couple told police that Masterson was involved in the crime, and despite eyewitness accounts placing a slim Hispanic man at the scene, Masterson was convicted and sentenced to 58 years in prison. Rosado and Payton now say that the third suspect was a male gang member and that they would have faced violent gang retaliation had they implicated him, according to the Chicago Sun-Times. Masterson was granted a retrial because she was denied an eyewitness identification expert witness at her original…

Deadlines and Jurisdiction

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When is a filing deadline jurisdictional, and when is it a "mandatory claim-processing rule"?  The U.S. Supreme Court addressed that issue today in Hamer v. Neighborhood Housing Service of Chicago, No. 16-658.  This is a civil case, but criminal lawyers who handled federal habeas corpus petitions need to pay attention.  Federal habeas corpus cases are "civil" for this purpose.The difference between the two types of deadlines arises mainly when the other party does not object.  An objection based on a "claim-processing rule" can be forfeited by failure to object, but a jurisdictional defect means that everything that happens in the case is void, objection or not.The rule of decision our precedent shapes is both clear and easy to apply: If a time prescription governing the transfer of adjudicatory authority from one Article III court to another appears in a statute, the limitation is jurisdictional, supra, at 2; otherwise, the…

Unasked Voir Dire Question Allows a Baltimore Man to Obtain a Reversal and a New Trial

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In criminal defense cases, every part of the process is a potentially key piece needed to contribute to a successful outcome. Additionally, details matter. That fact was on display when an accused convenience store robber was granted a new trial because the trial judge did not ask a voir dire question that the defense requested. The question could have potentially exposed a specific cause for the disqualification of a potential juror, so it should have been asked, according to the Court of Special Appeals ruling. The importance of every step and every detail is why it pays to have experienced Maryland criminal defense counsel on your side the entire way. The case arose from the armed robbery of a 7-Eleven store in Baltimore County. The robber shot the store employee, but the injury wasn’t lethal. Eventually, the police arrested the defendant, and the state charged him with multiple robbery, assault, and weapons charges. Whenever an accused person stands trial, especially…

A Simple Suggestion on the Death Penalty

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The death penalty continues to draw significant majority support, although less so now than over the last couple of decades.  See Kent's report on the Gallup Poll, here.  It also seems safe for the indefinite future from abolition in the Supreme Court, as I noted Monday.There was a time when abolitionists argued principally that the death penalty is immoral, because, first, the government should not be killing people, and second, there is always the risk of executing the innocent, with no going back if we make a mistake.  These arguments failed to move the needle much for at least the last 40 years, so abolitionists have turned in a different direction:  They now say the death penalty simply costs too much and takes too long.They're right about that, of course.  It does take too long and it costs a boatload  --  because abolitionists have made sure it does, by creating dozens and dozens of manufactured procedural issues having…

Governor Talks About Mandatory Sentencing for Gun Crimes

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Many areas of the country, including Maryland, have leaned towards lighter sentences for certain criminal convictions and have begun to understand the value of rehabilitating those convicted of crimes. The rising crime statistics in Baltimore have begun to turn that tide around, however, and the Governor is now proposing legislation that would result in harsher, stiffer penalties. Rising Crime Leads to Discussion on Sentencing Violent crime in Baltimore is increasing by 15% every year. At a recent meeting, The Governor pinned blame for rising crime rates on those who are released from prison too early. Many of the city and state’s top law enforcement officials attended. Baltimore judges were invited, but declined, citing laws that require judges to remain impartial, and to avoid being swayed by public opinion. Continue reading

Former PTA Treasurer Charged With Embezzlement

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Last spring a large-scale investigation began in order to locate nearly $40,000 in funds that went missing from the Montgomery County Council of PTAs. The council represents 192 parent-teacher associations from individual schools, making it the single largest PTA organization in the state of Maryland. Members first noticed irregularities in the books back in March and then conducted a three-week internal audit, which revealed that money had been improperly taken from the council’s checking account for about nine months. The money consisted of donations and fundraising event proceeds that would ultimately be used to better the public school experience for students, teachers and parents, and the loss of $40,000 severely limited the council’s ability to plan for the upcoming school year. While the audit did provide some answers, the person or persons responsible for the missing funds remained somewhat of a mystery (at least publicly) and the case was forwarded over to…

Scurich on Juvenile Murderers and "National Consensus"

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Nicholas Scurich (University of California, Irvine) has posted Juvenile Murderers and 'National Consensus' on SSRN. Here is the abstract: The United States Supreme Court has made a number of important rulings in the past decade concerning how juveniles are punished...

What is the Average Jail Time for Types of Drug Possession in California?

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When an individual is charged with drug possession in California, the first thought that comes to mind is usually concern about sentencing and potentially serving jail time. A possession conviction and history of incarceration can make it difficult to obtain employment, apply to colleges and universities, apply for professional licenses, and enlist in the military. If you were charged with possession of controlled substances in Ventura County or Santa Barbara County, talk to a criminal defense attorney right away. The Ventura drug crime lawyers at The Law Offices of Bamieh and Erickson, PLC offer free initial consultations for people accused of possessing narcotics in Southern California. How Does Proposition 47 Affect Drug Sentencing in CA? In 2014, California passed Proposition 47, which reduced penalties for low-level, nonviolent crimes. One of the provisions of this bill calls for “simple” drug possession (possession for personal use) to be charged as a…

6 Things To Do If Pulled Over For DUI

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Drunk driving is illegal. However it is not illegal to drink and drive. Let me qualify that, it is illegal to drink too much and get behind the wheel of a vehicle. That means, that you cannot drink too much alcohol or consume a drug that impairs your ability to operate a motor vehicle. If a police officer pulls you over and suspect that you have been drinking or that you are on a substance that impairs your ability to drive a motor vehicle, you will more likely be investigated and arrested for DUI or DWI. As a Maryland DUI lawyer we have represented hundreds of clients that have been charged with drunk driving in Maryland and have compiled the following six things to do if you’re pulled over for drunk driving. #1 – Pull Over Safely and Stay in Your Vehicle As soon as a police officer spots your vehicle and establishes a reason to make a traffic stop, that officer is collecting evidence for a future prosecution. If you are speeding or driving reckless or…

What is the Intensive Supervision Program?

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If you are convicted of a crime in New Jersey, you may have heard of the Intensive Supervision Program. Known as ISP for short, the program is designed to help those who have been sentenced to state prison and served a minimum amount of jail time can be released before being eligible for parole. However, you need to prove that you’re eligible for the program. First, it’s important to note that being convicted of certain crimes such as homicide, sex crimes, and robbery make you ineligible for the program. In addition, if you are sentenced to parole ineligibility, you are only eligible for the program after that period has been satisfied. If you are accepted into the Intensive Supervision Program, you will be in the program for about 16 months. If you violate any of the expectations, you could be under supervision for a longer period of time. You will need a community sponsor. Your application will be scrutinized by a three-judge panel who you will have present a plan…

News Scan

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Mexico Tries to Stop Execution:   A Mexican national who raped and murdered his 15-year-old cousin in 1997 is scheduled for execution tonight in Texas.  Bamini Chakraborty of Fox News reports that the government of Mexico has petitioned to stop the execution, arguing that an international treaty was violated when murderer Ruben Ramirez Cardenas was not allowed to contact the Mexican consulate after his arrest.  The Mexican government is not disputing that Cardenas raped and killed the girl, arguing only that by failing to have him consult with Mexican authorities prior to his trial, Texas prosecutors violated the "Vienna Convention on Consular Relations" rendering his conviction and sentence invalid.  When asked to comment, Rene Guerra, who prosecuted Cardenas said, "This guy deserves the death penalty."

An Overview of Texas Identity Theft Laws

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Identity theft is a crime in Texas. It occurs when a person wrongfully makes use of another individual’s personal data to get goods, services, or things of value. Two primary laws apply to identity theft in Texas. According to USA... The post An Overview of Texas Identity Theft Laws appeared first on The Law Office of Greg Tsioros.

HECTOR MAYHUIRE MENTIRAS TRAS MENTIRAS SOBRE LAS AFP

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https://diariocorreo.pe/opinion/pensiones-que-no-se-respetan-784840/ PENSIONES QUE NO SE RESPETAN Columna: Héctor Mayhuire Como queriendo justificar la mayor estafa contra los trabajadores, este señor Mayhuire adorador del codiciado color verde, nos cuenta un cuento atroz, los municipios –NO todos- retienen pero no abonan a las AFP lo que debe depositarse a nombre del cliente –trabajador del Municipio ladrón-Y ES VERDAD amables lectores y amigos. Pero el cuento tiene un final distinto al sostenido por el opinólogo, me explico: Un trabajador se jubila considerando los últimos diez años anteriores a la fecha de solicitar la jubilación aquí no intervienen los aportes que son el ahorro de “x” años y que servirán como una suerte de control en el tiempo de la pensión resultante calculada incluida la retención por longevidad. ¿Afecta la pensión…

A deep dive into the costs of raiding marijuana facilities

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As mentioned repeatedly in recent posts, students in my Marijuana Law, Policy & Reform seminar are making presentations on marijuana-related topics of their choosing. One of the planned student presentations for this week will be exploring the "costs of raids" with "examples from states including Utah, California, and Colorado." Here...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Lw5Gphu2MBI" height="1" width="1" alt=""/>

SPEEDINGTICKETKC.COM TRAFFIC LAWYER R. CHRISTOPHER SIMONS RECOGNIZED BY AVVO FOR CLIENT REVIEWS

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From our contributions to the attorney review and question site Avvo.com and our great client reviews Speedingticketkc.com has earned "Client's Choice" Badge Award and "Top Contributor" Badge Award from Avvo.  Thank you all who wrote great reviews about our service, we will keep up the good work.  As a reminder of what we do, we handle basic traffic tickets in the Kansas City, Missouri Metropolitan area at a flat fee of $75.00 contact us via our website speedingticketkc.com or call 816-398-8772.Thanks again!!www.speedingticketkc.comhttps://twitter.com/speedingticketk/ https://www.facebook.com/SpeedingticketKansascity https://plus.google.com/+Speedingticketkc/All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an…

FBI’s “Network Investigative Technique” in Child Porn Cases

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Congress and the federal courts have long adhered to the premise that child pornography websites cause “significant social harm.” The U.S. Supreme Court in 1982 said that the use of children in the production of child pornography was a “serious national problem.” In the ensuing three-plus decades since that Supreme Court decision, modern technology now allows for pornographic images and videos to be traded through websites far more easily than imagined in 1982.   Playpen is one of those websites.   150,000 Users Visited Child Porn Site   In an October 27, 2017 decision, United States v. Levin, the First Circuit Court of Appeals sketched out the reach of this particular child porn website:   “Playpen attracted web traffic on a massive scale. Just between August 2014 and February 2015, more than 150,000 users accessed the site. Visitors to Playpen made over 95,000 posts on over 9,000 topics, all pertaining to child pornography.…

The Register: US domestic foreign spying bill progresses through Congress

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The Register: US domestic foreign spying bill progresses through Congress by Kieren McCarthy

Harcourt on The Perils of Systems Analysis

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Bernard E. Harcourt (Columbia University) has posted The Systems Fallacy: From Operations Research to Contemporary Cost-Benefit Analysis: The Perils of Systems Analysis, Past and Present on SSRN. Here is the abstract: This article analyzes the birth and emergence of the...
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