House members reintroduce the Safe, Accountable, Fair, and Effective (SAFE) Justice Act
↧
↧
Normalization Alert: Trump Lies, Media Balks, Public Shrugs
Republicans may believe -- in the face of all historical evidence, from Reagan to Brownback -- that massive tax cuts to wealthy business owners spur the economy and create jobs. Fine. If they want to rationalize their plan based on zombie economics, whatever. But it can't be reasonably argued that their tax reform plan hurts the rich and helps the middle class. After all, if their plan burdened the wealthy, how would they ever become job creators? More objectively, the Tax Policy Center determined that the top 1% would receive over 50% of the tax benefits from the plan's tax cuts -- their after-tax income would increase by 8.5% while most other taxpayers would see their incomes increase between 0.5 and 1.2%. Many Republicans have conceded this. They've more or less acknowledged that while their plan may be unpopular with voters who justly see it…
↧
Miami Herald: Feds want cash seized in a raid last year, so they’re suing the cash
Miami Herald: Feds want cash seized in a raid last year, so they’re suing the cash by David Goodhue: The federal government is suing a bundle of cash seized in a drug raid last year near Key West that turned … Continue reading →
↧
The Hill: House Judiciary advances warrantless wiretapping reform bill
The Hill: House Judiciary advances warrantless wiretapping reform bill by Katie Bo Williams: The House Judiciary Committee on Wednesday voted to advance a compromise proposal to reform the National Security Agency’s warrantless surveillance program, the first of many hurdles the delicately crafted … Continue reading →
↧
Eric Kelley and Ralph Lee Walk Out of Prison After 24-Year Fight for Freedom
Today, Innocent Project client Eric Kelley and Centurion client Ralph Lee walked out of a New Jersey prison, experiencing freedom for the first time in more than 20 years. Back in September, a New Jersey Court vacated their convictions for a 1993 felony murder and robbery based on DNA evidence identifying another suspect. After the court set a bail that the two men could make, the prosecution appealed their release. Today the New Jersey Supreme Court rejected the prosecution’s arguments, paving the way for the men to post the bail. The prosecution also appealed the court’s order vacating their convictions, but now they will be free while the appeal proceeds through the courts. You can read more about their case here. The Kelley family has setup a fundraising page for Eric as he transitions home for those wishing to contribute. Watch them walk out of prison live on Facebook. The post Eric Kelley and Ralph Lee Walk Out of Prison After 24-Year Fight for…
↧
↧
Re on Fourth Amendment Fairness
Richard M. Re (University of California, Los Angeles (UCLA) - School of Law) has posted Fourth Amendment Fairness (Michigan Law Review, Forthcoming) on SSRN. Here is the abstract: Fourth Amendment doctrine is attentive to a wide range of interests, including...
↧
Arizona Defendant Appeals Convictions for Dangerous Drug Charges
In a recent Arizona drug crime decision, the defendant was convicted of transporting a dangerous drug for sale, possessing a dangerous drug, possessing a dangerous drug for sale, possessing drug paraphernalia, and possessing a deadly weapon while committing a felony drug offense. He was sentenced to presumptive, minimum, and concurrent prison terms. The longest of these was five years. On appeal, he argued that the trial court incorrectly denied his motion to suppress, his convictions for transporting and possessing dangerous drugs violated the double jeopardy rule, and the court had miscalculated his entitlement to pre-sentence incarceration credit. The case arose when a DEA agent got involved in a group surveillance of a stash house in a Tucson neighborhood that had a reputation for drug trafficking. The police saw two cars with out-of-state license plates involved in suspicious behavior at a convenience store. People with those license plates didn’t come there…
↧
Trial Debacle Leads to Freedom for Pedophile From Nova Scotia
Despite what you hear or read, you can’t blame Ernest MacIntosh for the Supreme Court of Canada’s decision to quash his convictions for sex charges involving young boys in the 1970’s. (R. v. MacIntosh 2013 SCC 23) A successful Cape Breton businessman, MacIntosh was transferred by his employer to Singapore and then to India in 1994 where he remained until his extradition back to Canada in 2007 to face numerous counts of indecent assault and gross indecency charges stemming from allegations made by six young men in 1995. When MacIntosh left Canada in 1994 there were no charges against him and he had no idea that charges may be laid. Over the years he travelled between India and Canada, renewing his Canadian passport from time to time as required by Canadian law. He was not hiding from the law. Canadian authorities knew where he lived in New Delhi and had his phone number. Coincidentally, one of his neighbours was an RCMP officer who worked as a liaison in India.…
↧
Suspect Threatens O.C. University with “Killing Spree” in YouTube Vlogs
In an email exchange that turned sour, a former student of Soka University allegedly sent an instructor links to a menacing vlog he had recorded. In the video the man spoke of his desire to execute a mass shooting. The Orange County Sheriff’s Department announced that he was apprehended on Monday. David Kenneth Smith attended Soka University, a private college in Aliso Viejo, nearly a decade ago. In 2008 he was accused of smoking marijuana and he was handed down disciplinary actions for his alleged infraction. The instructor on the receiving end of the email exchange with Smith was involved in assigning the consequences for the marijuana use. Orange County Sherriff’s Department deputies reported that when the accused became discontented with the correspondence he sent a link to a YouTube video containing footage of himself laying in a bathtub while holding a semiautomatic pistol against his chest as he spoke about the university. In the video Smith discussed the way…
↧
↧
"Europe rights court hears UK surveillance cases"
From Jurist: The European Court of Human Rights (ECHR) [official website] held [webcast] simultaneous hearings [press release] Tuesday regarding the UK's practice of intercepting private communications in large amounts, which was leaked by Edward Snowden [CNN backgrounder]. The cases, brought...
↧
"Ohio crime victims' rights amendment passes with landslide victory"
From Cleveland.com, via NACDL news scan: The constitutional amendment outlines 10 specific rights of crime victims and replaces a 1994 amendment that granted victims a handful of rights such as notice of information about their case or restitution from offenders....
↧
Post and Courier: Thousands of arrest warrants for low-level offenders recalled under directive from South Carolina’s chief justice
Post and Courier: Thousands of arrest warrants for low-level offenders recalled under directive from South Carolina’s chief justice by Andrew Knapp: Tens of thousands of South Carolinians wanted for arrest for skipping court dates or blowing off fines might be … Continue reading →
↧
WaPo: ‘The Watch’ Blog: Alabama task force performs drug raid, man dies. Officials take his home, split the proceeds.
WaPo: ‘The Watch’ Blog: Alabama task force performs drug raid, man dies. Officials take his home, split the proceeds. by Radley Balko: The court that was supposed to be neutral and fair in all of this got a cut of the … Continue reading →
↧
↧
Why should I consider succession planning for my company?
When starting a business in Fort Mitchell, it is crucial for entrepreneurs to consider every possible situation. A business is one of the biggest assets an entrepreneur has. A carefully drafted succession plan can help prevent difficulties and legal issues that can arise with the transition of ownership due to death, disability, serious illness or retirement. Many business owners are focused on doing what is necessary to make their companies competitive and forget about succession planning. According to Nationwide.com, out of every five small companies, only three of them have business succession plans in place to protect them. Here are some things small company owners should consider about business succession planning. Do not wait too long Many business owners put off succession planning. They may not want to think about their deaths or inability to run their companies. Life is full of unexpected events that can happen at any time. Plans must be in place…
↧
Kleinfeld et al. on Democratic Criminal Justice
Joshua Kleinfeld, Laura I. Appleman, Richard A. Bierschbach, Kenworthey Bilz, Josh Bowers, John Bradford Braithwaite, Robert P. Burns, R.A. Duff, Albert W. Dzur, Thomas F. Geraghty, Adriaan Lanni, Marah Stith McLeod, Janice Nadler, Anthony O'Rourke, Paul H. Robinson, Jonathan Steven...
↧
Blocking crash
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: 11/09/2017 10:30 AM Please direct questions to the District Office Idaho State Police is responding to a blocking crash US12 near Milepost 23. The entire roadway is blocked. Please use alternate routes until further notice. 2815 -------------
↧
The Vienna Convention, Yet Again
As noted in the update to yesterday's News Scan, Florida and Texas both carried out executions yesterday. The Texas case involved the Vienna Convention claim rearing its ugly head again.The usual suspects make the usual noises that the United States violated international law by going ahead with the execution, but it did not, either in this case or the landmark Medellin case. Some background info is given in this post from 2014 on another Vienna Convention case.In a nutshell, the United States is treaty-obligated to comply with the decision of the International Court of Justice in the Avena case, even though it is wrong, in the 55 cases that were before the ICJ in that matter. The Optional Protocol, to which we were a party at the time but have since withdrawn, requires compliance.However, compliance means only that a court review the case to determine if there was any prejudice from the violation. See ¶ 121. The ICJ rejected…
↧
↧
Just Security: Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines
Just Security: Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines By Ali Cooper-Ponte: On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to … Continue reading →
↧
Consular Rights of Non-Citizen Criminal Defendants
Given the current political climate, protecting the rights of non-citizen criminal defendants is certainly not a popular activity. However, and as many judges and elected representatives have repeatedly stated, our judicial system (federal and state) is supposed to be a model of fairness for other countries, particularly those where there are no meaningful due process rights or protections. Our tradition provides that any criminal defendant – even one who is in the United States illegally – is still entitled to due process. To help ensure this, there is a procedure which really should be utilized in most, if not all, criminal cases where the defendant is not a US citizen. International treaties provide that a non-citizen criminal defendant must be allowed to speak to a representative of his country’s consulate to seek whatever assistance the consulate can offer. This was a major issue in the case of Ruben Cardenas, who was executed last…
↧
Give Me A Lawyer Dog
The Louisiana legal system, much like its political system, has never enjoyed a reputation for deep thinking or the ability to grasp complex constitutional issues. For example, in 2004 the state sentenced Patrick O’Neal Kennedy to death for the alleged rape of his 8-year-old stepdaughter. This was done despite a 1977 ruling by the U.S. Supreme Court that held the death penalty for the rape of an adult woman was grossly disproportionate and excessive punishment. The Kennedy death sentence was based on a 1995 law enacted by the Louisiana Legislature—a body more renowned for its corruption than sound legislating—that recapitalized the crime of rape against a victim under the age of twelve. The following year the state’s highest court, the Louisiana Supreme Court, upheld this new law. In 2008, the U.S. Supreme Court in the Kennedy case was forced to inform the justices of the Louisiana Supreme Court that rape, even for a child, is prohibited…
↧
More Pages to Explore .....
