A Bronx high school student was arrested on multiple charges including murder and manslaughter for killing one classmate and injuring another. Abel Cedeno, 18, was accused of stabbing two students with a switchblade during history class. A 15-year-old boy died after being stabbed in the chest, and a 16-year-old was hospitalized with serious injuries from the attack. According to police, around 20 students saw the stabbing at the Urban Assembly School for Wildlife Conservation in the Bronx. The school installed metal detectors following the incident. Cedeno was arrested on charges of assault, attempted manslaughter, manslaughter, attempted murder, murder and criminal possession of a weapon. Police said he admitted to purchasing the knife online for protection. Authorities were investigating whether Cedeno had been bullied. According to family friends, he was allegedly harassed with homophobic and racist slurs until he finally snapped. Cedeno said he had been bullied since the…
Bronx student arrested for murder in fatal stabbing of classmate
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Nuther dubious shooting of an unarmed black man
This latest Texas police shooting of an unarmed black man sounds particularly awful. Via the Fair Punishment Project's daily email:In Mesquite, Texas, 31-year-old Lyndo Jones was shot by police last week. He was unarmed. His car alarm had gone off and he was sitting in his own car trying to figure out how to turn it off when police claim they thought he was an armed and dangerous criminal trying to steal a car. Turns out the alarm was broken. [Breanna Edwards / The Root] According to a written statement from Jones’ lawyers, officers asked him to exit the vehicle. He did, and seconds later, officers shot him in the stomach. They then tried to perform an anal cavity search, an altercation ensued, and they shot Jones in the back. The police department denies these allegations, but hasn’t explained how an unarmed man in his own vehicle ended up in critical condition with multiple gunshot wounds. [Claire Cardona / Dallas Morning News] Jones survived the…
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An Alternative to Federal “Tough on Crime” Laws
The nation’s “prison industrial complex”—which drew its name from the “military industrial complex” coined by President Eisenhower in 1959—began in earnest with President’s Reagan “Crime Control Act of 1984” and was provided with steroids through President Clinton’s “Violent Crime Control and Law Enforcement Act of 1994” and his “Antiterrorism and Effective Death Penalty Act of 1996.” These three national crime control measures, along with the advent of private prisons in the mid-1980s, created harsh mandatory minimum sentences and extended terms of imprisonment for most crimes in America that triggered a costly prison expansion movement that is continuing to have to this day serious economic and political consequences for every state in the nation. These kinds of laws are still in effect, and the results can be seen in three recent cases involving men from Texas: On…
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News Scan
More MS13 Members Arrested: ICE officials announced yesterday that over 200 members of the notorious MS13 gang have been arrested across the country as part of a federal and state crackdown called Operation Raging Bull. Tisha Lewis of FOX5 reports that the operation's objective is to completely dismantle the El Salvadorian gang which has an estimated 10,000 members in the United States. Of the 214 arrests made 93 were for federal or state criminal charges and 121 on immigration violations. 198 of the gang members were foreign nationals with only 5 having legal status to be in the country. Habitual Felon Charged With 3rd Murder: An Alabama criminal found not guilty of one 2013 murder, who took a plea bargain on another murder that same year because a witness had disappeared, has now been charged with a third murder committed last month. Carol Robinson of the Birmingham news reports that because of the plea deal, Jimbroski…
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Identifying a Masked Armed Robber Based on Facebook Photo in Massachusetts
A recent Massachusetts robbery case arose when the defendant was convicted of armed burglary, masked armed robbery, and armed assault in a dwelling. The events giving rise to the case occurred one night when the victims, a couple, woke up to find that there were three masked men standing by their bed, screaming and pointing a gun toward them. A man with a crowbar asked where the money and drugs were. The victims showed the three men their valuables, which included $2,000 in cash, a guitar, and a gaming system. The female victim told the men where her debit card was and gave the man with the crowbar her PIN. At trial, the defendants argued the evidence was not enough to prove their identity beyond a reasonable doubt. The Commonwealth didn’t have direct eyewitness identification testimony, but it submitted evidence about what the robber with the crowbar was wearing, including a sweatshirt with a Champion logo, and that the skin of his that did show was dark. The…
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Injury Crash on US26 Near Ririe
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 11/17/2017 at 1:30 p.m. Please direct questions to the District Office On November 17, 2017, at approximately 10:12 a.m., the Idaho State Police investigated an injury crash eastbound US26 at milepost 347, near Ririe. Devin Newman, 18, of Idaho Falls, ID, was driving eastbound US26 in a 2004 Nissan Sentra. Newman drove off the left shoulder and collided with a manure spreader. Newman was transported by ground ambulance to Eastern Idaho Regional Medical Center in Idaho Falls. Newman was not wearing a seatbelt. The Idaho State Police reminds drivers to wear your seatbelt and be an alert driver. The Idaho State Police was assisted by Bonneville County Sheriff's Office and…
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What do I do when I'm getting pulled over by the police?
When you see a law enforcement officer activate his red and blue emergency lights, do not panic. First and foremost, begin to find a safe place to pull over. Do not keep driving to get to your final destination because a law enforcement officers are looking for additional "signs" to say that you are impaired. Once the law enforcement officer begins to speak with you, pay close attention to what he or she is asking. The officer is trying to "divide your attention." Once the law enforcement officer has you out of your vehicle here are a few other things he or she will be looking for, be mindful of how you come off to the officer. • Difficulty with motor vehicle controls • Difficulty exiting the vehicle • Fumbling with driver's license or registration • Repeating questions or comments • Swaying, unsteady, or balance problems • Leaning on the vehicle or other object • Slurred speech • Slow to respond to officer or…
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Week of November 13 - 17, 2017
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Juveniles Caught With Fake IDs in Illinois: The Consequences
As the legal drinking age in Illinois is 21, it is not all that uncommon for underage juveniles to be caught with fake IDs. While such an offense may not seem like more than a youthful indiscretion, it is important to note that unlawful possession of fictitious identification in Illinois can be charged as a felony offense under some circumstances. Unlawful Possession of Fictitious Identification Under code section 15 ILCS 335/14A, it is a felony offense for any person in Illinois to: Knowingly possess or display a fake or illegally altered ID card; Knowingly possess or display a fake or illegally altered ID card in order to obtain a bank account, credit, a debit card, or a credit card; Knowingly possess a fake or illegally altered ID card in order to commit credit card fraud, theft, or any other illegal action; Knowingly possess a fake or illegally altered ID card in order to commit a violation which can be punished by imprisonment for one year or more; Knowingly possess a…
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Exoneree Keith Harward Speaks Out Against Continued Use of Unreliable Forensics
Earlier this week, exoneree and criminal justice reform advocate Keith Harward was a guest on Seeking Justice, a radio talk show produced on the campus of Guilford College in Greensboro, North Carolina. Harward was on the show with Jerry Reynolds, a local forensic specialist and crime scene investigator, to speak about his work to educate decision makers, law enforcement and forensic scientists about the dire need for forensic evidence restrictions and reform in criminal investigations in the United States. This week’s appearance on Seeking Justice was Harward’s second. He was interviewed on the show last year just several months after he was exonerated of a 1983 rape and murder in Virginia based on DNA evidence uncovered by the Innocence Project. His wrongful conviction was based on erroneous expert testimony that linked him to an alleged bite mark left on one of the victims. During this interview, Harward expressed about his disappointment in Attorney General Jeff…
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This Week in Innocence News – November 17, 2017
Here are some of this week’s news highlights: Editorial calls for investigation of prosecutor for New Jersey men’s wrongful conviction An editorial by New Jersey’s Star-Ledger calls for the prosecutor who helped convict Innocence Project client Eric Kelley and Centurion client Ralph Lee to be removed from the case and investigated by the state. The Star-Ledger Arkansas police department uses science to strengthen criminal investigations The Hope Police Department in Arkansas is joining 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. The Hempstead Herald New Orleans man ordered released after more than seven years awaiting trial Kevin Smith, who has spent nearly eight years in jail awaiting trial on a drug charge, was ordered released after an appeals…
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Injury Crash SB US95@312.2 Lewiston
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: 11/17/2017 2:48 pm Please direct questions to the District Office *****Update***** US95 at milepost 312.2 is now open. The Idaho State Police investigated an injury crash that occurred on November 16, 2017 at 6:32 pm. Joshua McGowan (38yoa / Florence, TX) was travelling southbound on US95 at milepost 312.2 in a 2010 Peterbilt semi-tractor, pulling a trailer loaded with lumber. The vehicle was travelling too fast for the roadway and conditions, causing it to overturn, losing its load of lumber. Most of the lumber came to a stop blocking the southbound US95 ramp at the bottom of the Lewiston hill. McGowan was transported to St. Josephs Regional Medical…
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Levenson on The Politics of Ethics
Laurie L. Levenson (Loyola Law School Los Angeles) has posted The Politics of Ethics (Mercer Law Review, Forthcoming) on SSRN. Here is the abstract: One of the most challenging endeavors in revamping ethical rules is to adopt new rules regarding...
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RECKLESS HOMICIDE IN ILLINOIS
Let’s say you are driving down the highway at night during a heavy thunderstorm. Visibility is poor, but you are still driving over the speed limit. Suddenly, you crash, killing the other driver. Can you be charged with homicide? The answer may depend partly on how fast you were going even if you were not under the influence of alcohol. In Illinois, you may be charged with reckless homicide if you unintentionally kill someone while driving a motor vehicle. Your actions, whether lawful or unlawful, must be performed recklessly and must be likely to cause death or great bodily harm. (720 ILCS 5/9-3). You act recklessly when you consciously disregard a substantial and unjustifiable risk, and that disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in your situation.Whether you were indeed reckless may be inferred from all the facts and circumstances and may be established by evidence of your physical condition and…
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D.N.M.: Govt’s rationale for impoundment failed: car was in a safe residential neighborhood in front of a friend’s house who said he’d watch it
Defendant was buying the car searched from his sister, although it was still in her name and registered to her. He had standing to challenge its search. The government’s rationale for impoundment was community caretaking, but the car was parked … Continue reading →
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NY: Officer safety a mixed question of law and fact with record support; affirmed
“The issue whether ‘the likelihood of a weapon in [defendant's] car [was] substantial and the danger to the … safety [of the officers who stopped that vehicle was] “actual and specific”’ … presents a mixed question of law and fact … Continue reading →
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CABALLO DE GUERRA
Me gusta el Cine aunque no veo estrenos sólo películas viejas que muchos de ustedes vieron años atrás, las hay de todo tipo en su inmensa mayoría no dejan nada en que pensar o nos asombran por sus efectos especiales hoy elevados a la “n” potencia con la tecnología disponible, en su mayoría también, representan la lucha entre el bien y el mal antes tan cristalino hoy es muy difícil distinguirlo en la vida real, por ejemplo, la opinión de “expertos” en “xs” materias en las que la piñata es el consumidor. Dos películas recuerdo, para mi inolvidables en “blanco y negro”, “Que verde era mi valle” que pueden encontrar en este blog digitando el nombre y ¡Que bello es vivir” con James Stewart. Ayer, 16 de noviembre de 2017 vi un filme a color con Emily Watson muy jovencita “Caballo de Guerra”. Esta…
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District Attorney in Solano County gets DUI grant.
The Solano County District Attorney’s Office has received an annual grant to prosecute DUIs. The grant is for more than $300,000 and is the sixth grant in six years that the DA has received. District Attorney Krishna Abrams said, “The prosecution of driving under the influence cases continues to be a top priority.” A conviction for a first offense DUI in Solano County or anywhere in the Bay Area can result in punishment including probation, fines, a DUI school and up to 6 months in jail under the California Vehicle Code. Drivers with multiple offenses for driving under the influence face even greater punishment. Whether arrested for DUI in Dixon, Vacaville, Fairfield, Vallejo, or Benicia, you need to call an experienced aggressive driving under the influence attorney for help. Continue reading The post District Attorney in Solano County gets DUI grant. appeared first on Marin DUI Lawyer Blog.
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Publishing An Intimate Image Without Consent
Since 2015, publishing an intimate image of someone else without their permission is a crime in Canada. Section 162.1 of the Criminal Code captures all ways in which intimate images may be shared, including through physical delivery, social networking, email, or other means by publishing, distributing, transmitting, selling, making available or advertising an intimate image of […] The post Publishing An Intimate Image Without Consent appeared first on Daniel Brown Law LLP.
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CA10: Jury instruction that search issue was for the court and not the jury didn’t lessen the govt’s burden of proof
Defendant’s challenge to the investigative techniques in this child rape case led the district court to instruct the jury that the propriety of searches and seizures were questions for the court. The defense objected that the instruction lessened the government’s … Continue reading →
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