In the recent case of Davila v.Davis, the Supreme Court analyzed the limit of ineffective assistance of counsel. Depending on the results of the trial, the defendant could avoid being sentenced to death for fatally shooting a 5-year-old girl and her grandmother. The main question in the case concerns whether the defendant’s first lawyer was ineffective for not challenging a jury instruction. In many cases, federal courts are prevented from reviewing a defendant’s claim of improper procedures that occurred at a state level. In order to raise a strong ineffective assistance of counsel, individuals often require the assistance of a different and much more skilled attorney. Depending on the outcome of this case, the Supreme Court’s decision could have a substantial effect on the criminal appeal process and provide defendants with an additional method for recourse in the event of improper jury instructions. The Argument Involved in the Case This case has gained…
Claims of Ineffective Assistance of Counsel
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Opacity policies a big reason why bodycams haven't lived up to the hype
Grits appreciated Eva Ruth Moravec's post on police bodycams and Texas' low ranking vis a vis accountability compared to other jurisdictions. I've been harping about Texas' bad statute since it first passed, but this new research places its badness in a national context, which is to say, "among the worst in the country."Am I surprised? Not in the least. But before now no one had done the legwork to prove it, so bully for Upturn and the Leadership Conference, the groups that performed the analysis. Our old pal Vanita Gupta - who was one of the lead attorneys on behalf of those convicted-and-later-pardoned in the Tulia drug stings back in the day - is now running the Leadership Conference after a stint in the Obama Administration running the DOJ Civil Rights Division, so it's nice to see her still producing good work.In light of this news, it seemed like an opportune moment to pull out a brief excerpt from the November Reasonably Suspicious…
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Who Gets to Keep the Engagement Ring in a Same Sex Divorce in CA?
Same-sex relationships offer many of the same struggles and problems as any other relationship – but sometimes add special difficulties that other marriages do not have. In most opposite-sex relationships, there is only one engagement ring, and California law has centuries of precedent dealing with this. In a same-sex divorce, what does California law do with engagement rings if there are more than one? The Ventura divorce attorneys at The Law Offices of Bamieh and Erickson explain: Same Sex Divorce Asset Division California is a community property state. This means that any joint property between the parties is split evenly when they get divorced. For an item to be “community property,” it must have been gained while the couple was married and living together. Anything that was earned or received before the marriage is “individual property” or “separate property,” and is not divided during divorce. Community property is divided 50/50…
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The Difficulties of Having an Honest Debate
One of the very neat things about Crime and Consequences is the opportunity to have an honest debate. Within normal rules civil discourse, debate is welcome here, and there have been numerous enlightening debates about, for example, the death penalty, sentencing, judicial selection, and police behavior.Of late, I have been blogging less, and Kent's entry today, Known Felon With Gun Goes on Shooting Rampage, reminds me why. The entry highlights something we have seen again and again: A known, dangerous criminal who could have and should have been in jail was set free; does dreadful and, in this and other cases, lethal damage; yet the drumbeat about how we have a problem with overincarceraion goes on without a hitch, simple whistling past the huge and massively documented costs of underincarceration.It's simply impossible to have a worthwhile debate with people who will not so much as acknowledge, much less take seriously or give a forthright accounting…
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Houston Public Media: Report On Body Cameras Asks That Police Officers File Initial Reports Without Reviewing Footage
Houston Public Media: Report On Body Cameras Asks That Police Officers File Initial Reports Without Reviewing Footage by Al Ortiz: It contends the policy used by HPD and other departments can cause inaccuracies
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West Virginia Supreme Court finds life sentence under recidivist statute violates state constitution's proportionality principle
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Gun Registration Requirements in the District of Columbia
The District of Columbia has some of the toughest gun laws in the nation. While federal courts have on several occasions struck down D.C. gun laws, the city still maintains some of the most restrictive policies for gun owners.The District of Columbia has some of the toughest gun laws in the nation. While federal courts have on several occasions struck down D.C. gun laws, the city still maintains some of the most restrictive policies for gun owners. The first step in lawfully possessing a firearm in the District of Columbia is registering it with the Metropolitan Police Department. This must be done at MPD headquarters located at: Metropolitan Police Department Headquarters (Main Entrance) 300 Indiana Avenue, NW, Room 3058 Washington, DC 20001 Telephone: (202) 727-4275 Hours: Monday-Friday, 9 am – 5 pm To register a firearm in the District of Columbia, you must meet a series of strict regulatory requirements. In addition, once registered, this only…
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FedSoc Convention Live Stream
The Federalist Society's Annual Lawyer's Convention is tomorrow through Saturday. The FedSoc is live streaming selected portions of the program at this page. The Criminal Law panel, titled What Should Be Done to Address Rising Crime Rates, is tomorrow at 3:30 - 5:00 EST. The address by Attorney General Sessions is Friday at 2:15 - 2:45.
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Local Arkansas Police Department Uses Science to Strengthen Criminal Investigations
According to an article in the Hempstead Herald, the Hope Police Department in Arkansas recently joined efforts with researcher and expert in human memory Dr. James Lampinen from the University of Arkansas Fayetteville to establish best practices for eyewitness identification procedures in police investigations. In collaboration with Dr. Lampinen, eight police officers from the Hope Police Department recently participated in a research project in which 16 ordinary citizens witnessed a crime that, unbeknownst to them, was simulated by several actors. While those citizens were observing the “crime,” the eight police officers were participating in their own focus group—a best-practices training on eyewitness identification. After the simulated crime occurred, the eight officers were asked to create police line-ups and conduct eyewitness interviews based on what they’d just learned in their trainings. Data from the experiment was gathered and will be added…
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Finchett-Maddock on Street Art and Graffiti
Lucy Finchett-Maddock (Sussex School of Legal Studies) has posted In Vacuums of Law We Find: Outsider Poiesis in Street Art and Graffiti (Duncan Chappell and Saskia Hufnagel, Art Crime Handbook (Palgrave MacMillan, Forthcoming)) on SSRN. Here is the abstract: This...
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Johnson is still dividing the Court
Much has changed since the Supreme Court issued its Johnson decision in June 2015, but one thing remains the same: we still have no comprehensive understanding of how the decision applies, and the law surrounding the Armed Career Criminal Act remains as murky as ever. Two decisions in the last week at the Sixth Circuit exemplify this murkiness, revealing stark divisions within the appeals court and unusual allegiances among the judges.Perhaps most notably, last Friday's decision in United States v. Harper saw a panel of judges reluctantly following---then lambasting---the Court's out-of-the-blue Verwiebe decision, which had held that the Supreme Court's decision in Voisine negated a decade of ACCA jurisprudence prohibiting the use of reckless conduct as an ACCA predicate. In Harper, Judge Kethledge noted that the panel was bound by Judge Sutton's decision in Verwiebe, but then devoted the large majority of the Harper decision to…
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What Are Felonies and How Are They Different from Misdemeanors?
Getting charged with a crime is always a scary experience, but being charged with a felony can be especially terrifying says Client Broden a reputable criminal defense lawyer Anyone who is facing a felony charge should be well-informed about the differences between a misdemeanor and a felony, as well as the possible consequences of a felony conviction. In Texas, traffic ticket other minor offenses, such as jaywalking, littering, and not wearing your seatbelt while driving, generally only result in a fine. They are considered Class C misdemeanors. You should never ignore a ticket, because you may end up with a warrant for your arrest. What Is a Misdemeanor? A misdemeanor is a criminal offense that is more serious than an infraction, but not as serious as a felony. Because of each jurisdiction, including each state, has its own criminal code, what constitutes a misdemeanor in one jurisdiction may not be exactly the same as a misdemeanor in another jurisdiction. Although each…
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"More Defenders Get Access to 'Bad Cops' Database"
From WNYC, via NACDL news scan: State law makes police disciplinary records confidential without a court order. Even though prosecutors have a constitutional obligation to disclose material that could help the defense, there's no real requirement they go looking for...
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The “Weinstein Effect” and Updates to California Sexual Assault Laws
The news has been filled with discussion of sexual assault and sexual harassment in recent months, due to a number of accusations against high-profile public figures. The allegations against Hollywood producer Harvey Weinstein have been especially influential, leading to scrutiny of sexual assault laws and charges of workplace harassment. This increased interest has been dubbed the “Weinstein effect,” and it has not only led to the possibility of more people being accused of sexual assault, but it has also resulted in lawmakers making changes to sex crime laws. A Possible End to Secret Settlements One area of concern that has been raised during the debate surrounding sexual assault allegations is the prevalence of settlements that involve confidentiality agreements. In cases involving Weinstein and other public figures, accusers have accepted monetary settlements which required them to sign non-disclosure agreements, restricting them from discussing the…
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Multiple crashed on I84
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: 11/15/17 6:19 p.m. Please direct questions to the District Office The Idaho State Police is currently working multiple crashes westbound on Interstate 84 at 51.5, just west of Orchard. More information will be provided when it becomes available. 3432 / 3641 -------------
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"U.S. Commission on Civil Rights issues statement in support of sentencing provisions of Sentencing Reform and Corrections Act of 2017"
Doug Berman at Sentencing Law & Policy links to and excerpts the statement, which supports a bill that "proposes to reduce mandatory minimum sentences for particular nonviolent offenses and to return discretion to judges in more cases."
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BILL SUROWIEC HAS PASSED AWAY
Former long time assistant public defender Bill Surowiec, who had since retired, passed away this week. This is sad news.Bill was a part of the fabric of the REGJB for many many years. He was a fixture and a friendly face that we would see many mornings. And he was a very good defense attorney.We are sure there a million great stories about him, so please post them in the comments section.Site Feed
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"He thought he had a free court-appointed lawyer. Then he got a bill for $10,000"
From The Texas Tribune, via the NACDL news scan: In Texas and across the country, defendants are sometimes asked to repay part or all of the costs of their court-appointed lawyer through a practice called recoupment. Texas counties recouped more...
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*Update* Multiple crashed on I84
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: 11/15/17 8:15 p.m. Please direct questions to the District Office ***Update*** All vehicles have been removed and lanes are opened. 3435 ---------------------- The Idaho State Police is currently working multiple crashes westbound on Interstate 84 at 51.5, just west of Orchard. More information will be provided when it becomes available. 3432 / 3641 -------------
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What To Do If I Was Hit By A Car
Have you been hit by a car and you don’t know what to do now, our pedestrian injury lawyers at the Law Offices of Randolph Rice can guide you through the legal process after being hit by a car. Being hit by a car can be one of the most traumatic accidents on a Maryland road. The reason for this is the speed of a vehicle and the force behind that moving car can cause serious external and internal injuries to the person who has been hit by the car. Those injuries and damages can vary depending on the point of contact with the vehicle and pedestrian. A person struck head on with a car can be more serious than a graze by a vehicle. However, the impact will not determine the injuries sustained by the victim. The damages may include broken bones, a concussion, or serious internal injuries that lead to future complications. Because a pedestrian is not protected like they would be in a vehicle, the impact with a car can often throw the pedestrian over the top of the vehicle or a…
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