New York Criminal Defense Lawyers need to be aware of the countless procedural rules that are absolutely essential to follow in order to ensure that you protect your rights at every step of a criminal investigation or prosecution in addition to the substantive law. At Tilem & Associates, our diligent team of New York homicide defense lawyers has substantial experience and knowledge when it comes to these procedural rules and navigating the courtroom. A recent New York appellate opinion illustrates there are countless rules that apply to how law enforcement can secure a confession from a witness. In the case, the defendant was convicted of murder, attempted robbery, and burglary. The defendant was not originally a suspect in the matter, but throughout their investigation, the detectives identified inconsistent information in statements that the defendant provided to the police. The police brought the defendant in for questioning, which lasted for several hours…
New York Appellate Court Upholds Murder Conviction, Rejects Defendant’s Challenge to Voluntariness of Confession
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Using Criminal Case Proof of DUI Civil Case Litigation
Drunk driving accidents are different than typical personal injury lawsuits in Boston because the police and prosecutors will be working separately to gather evidence and prove intoxication on behalf of the at-fault driver. In a typical car accident case, where the driver is not suspected of impairment, police may respond to the scene and conduct a cursory evaluation. They will typically write up a brief vehicle crash report and get the parties to exchange contact information and insurance cards, but there will not likely be any follow up investigation, unless there are serious injuries or death. Drunk driving accident cases more often result in serious injuries and fatalities, and furthermore, driving drunk is a crime. That means police and prosecutors will be more heavily involved, though this won’t have a direct bearing on the civil case. This additional work done by the police is for the purpose of convicting the defendant in an OUI trial, but it can also be of…
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US v. Werle, No. 16-30181 (12-13-17)(per curiam w/O’Scannlain, Tallman, and Watford). The 9th finds that a Washington state conviction for felony harassment is a COV under the Sentencing Guidelines. The 9th focuses solely on the felony harassment, the subsection of conviction, because the general harassment statute is categorically overbroad. The divisible subsection requires a threat to kill. Such a threat has a mens rea of intent and so qualifies. The 9th rejects defendant’s arguments that the threat may be too far in the future to be viable or evidence intent; that it may be negligent; and that it may not require force such as poison.The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2017/12/13/16-30181.pdf
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The Economics of Sentencing: When Nursing Homes Supplant Incarceration
There were once famous words that were uttered in law school classrooms and courtrooms across the country and they sounded like this: “Let the punishment fit the crime.” While that sounds like a logical phrase, what happens when punishment grows out of control and we end up with economic hardship within the prison system? Today, we will explore the economic issues that the Michigan Department of Corrections is facing and examine how House Bill 5078 has the potential to change the prison system. In addition to exploring the issue, we will speak with leaders in the criminal defense sector and see how the economic argument can change the sentencing aspect. When we review the legislation from a global view, we see that House Bill 5078 was introduced by Rep. Al Pscholka (R) with the goal of saving the state of Michigan nearly $6 million per year in healthcare for those that are incarcerated. The plan would be to place these prisoners in nursing homes due to the costs…
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"Second Chance Reforms in 2017: Roundup of new expungement and restoration laws"
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Undocumented Immigrant Not Guilty of Steinle Murder, Will Be Deported
The undocumented immigrant charged with shooting and killing Kate Steinle in San Francisco in 2015 was recently acquitted of murder, although he will be deported to Mexico on other felony charges. Even before this controversial jury verdict, the Steinle case has triggered a political firestorm across the nation’s political spectrum, fueling the debate about the legal and practical issues surrounding sanctuary cities should. This past summer, a bill called Kate’s Law was passed by the U.S. House of Representatives. The law would allow enhanced prison sentencing for immigrants who have repeat incidents of illegally entering the U.S. The bill, however, has stalled in the Senate, and the potential for its revival is uncertain. Jose Ines Garcia Zarate’s not guilty verdict has generated a renewed political uproar. President Donald Trump tweeted that the decision was “disgraceful,” and ICE’s Deputy Director…
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President Not the Chief Law Enforcement Officer or Above the Law
It is now obvious that the President of the United States is under criminal investigation, ranging from possible obstruction of justice to money laundering. President Trump has hired an extensive—some would say less than impressive—legal defense team. Thus far, Special Counsel Robert Mueller’s investigation has produced indictments against four of the president’s associates: Paul Manafort, Rick Gates, George Papadopoulos, and Michael Flynn. These indictments have cast the president’s legal team in a state of utter disarray, with one team member openly admitting that his representation has been “sloppy.” President and Obstruction of Justice In defense of the president, one of his attorneys said it did not matter if the president colluded with the Russians to get elected president because “collusion” is not a crime while another said the president cannot be charged with obstruction of justice despite the…
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Does the election of Doug Jones in Alabama increase the prospects of federal statutory sentencing reform?
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Report: Death Penalty Sees Continued Decline in 2017
Executions and death sentences nationwide remained at historic lows in 2017, according to a report published Wednesday by the Death Penalty Information Center. According to the report, public support for the death penalty fell to its lowest level in 45 years. A total of 39 new death sentences are expected to be handed down in 2017, the lowest annual rate since 1972. Twenty-three executions were carried out—half as many as seven years ago and the second lowest total since 1991. 2017 was the seventh year in a row that fewer than 100 death sentences were imposed nationwide. “Across the political spectrum, more people are coming to the view that there are better ways to keep us safe than executing a handful of offenders selected from a random death-penalty lottery,” said Robert Dunham, the center’s executive director. “There will be times when numbers fluctuate – particularly following historic highs or lows – but the steady long-term…
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UN ENCUENTRO FURTIVO CON LA HISTORIA DEL PERÚ
La distinguida dama Ana Maria Malachowski Rebagliati a la que tengo oportunidad de leer en Facebook, regalándonos parte de nuestra Historia me permite comentar su reciente publicación al final de su lectura. Ana Maria Malachowski Rebagliati 12 de diciembre a las 23:42 · MANUEL PARDO Y LAVALLE (PARTE I) En 1872, el Perú había llegado al hartazgo de los gobiernos militares. Uno tras otro. Fue así que en las elecciones presidenciales el país favorece el triunfo de los civilistas. El 26 de julio de ese año al ser acribillado el presidente José Balta y Montero por órdenes de su Ministro de Guerra, Tomás Gutiérrez, asciende el fundador del Partido Civil, Manuel Pardo y Lavalle (1834-1878). Pardo representaba más edad de la que tenía. Era alto, grueso, sus facciones eran marcadas y serenas. Siendo aun joven, algunas canas ya asomaban en su cabello negro y escasas arrugas…
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Can I Avoid a DUI Conviction if My BAC was Above 0.08 Percent?
Now that the holidays have arrived, law enforcement officers are even more aware and focused on keeping everyone as safe as possible. That being the case, if you or a loved one happen to get stopped while you are out celebrating the season, it is important for you to understand your rights and legal options.
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Update - Multiple Crashes on Interstate 84 Near Payette
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: 12/15/2017 at 11:56 a.m. Please direct questions to the District Office *****Update***** At this time, both lanes of westbound Interstate 84 at milepost 9 are blocked. More information will be released as it becomes available. 3725/3451 *****End of Update***** At this time, the Idaho State Police are investigating multiple crashes on Interstate 84 between mileposts 3 and 13, near Payette. Troopers are advising of black ice on the roadway up to milepost 17. Motorists are encouraged to use caution when driving through the area. More information will be released as it becomes available. 3725/3984 -------------
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Deitch on Jury Selection
Brittany L. Deitch has posted The Unconstitutionality of Criminal Jury Selection (William & Mary Bill of Rights Journal, Forthcoming) on SSRN. Here is the abstract: The criminal defendant’s right to a jury trial is enshrined within the U.S. Constitution as...
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*Update - Multiple Crashes on Interstate 84 Near Payette*
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: 12/15/2017 at 12:29 p.m. Please direct questions to the District Office *****Update***** The lanes of westbound Interstate 84 are no longer blocked. 3725/3984 *****End of Update***** *****Update***** At this time, both lanes of westbound Interstate 84 at milepost 9 are blocked. More information will be released as it becomes available. 3725/3451 *****End of Update***** At this time, the Idaho State Police are investigating multiple crashes on Interstate 84 between mileposts 3 and 13, near Payette. Troopers are advising of black ice on the roadway up to milepost 17. Motorists are encouraged to use caution when driving through the area. More information will be released as…
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A Look at the European Commission’s Amicus Brief in United States v. Microsoft Corp
On December 13, 2017, the European Commission filed an amicus brief in the United States v. Microsoft Corp case set to go before the U.S. Supreme Court in the 2018 term. The case concerns the U.S. Justice Department’s access to an individual’s private emails stored at Microsoft’s Dublin data center. In December 2013, the DOJ served Microsoft a warrant compelling it to disclose the private communications of an individual the government had reason to believe was engaged in criminal drug activity. When Microsoft turned over the account information stored on its U.S. servers, but refused to disclose the information stored at its Dublin center, the legal battle ensued. At Issue: The Extraterritorial Application of the Stored Communications Act’s Warrant Provisions The Stored Communications Act (SCA) – which is part of the broader Electronic Communications Privacy Act (ECPA) of 1986 – allows the government to require that an electronic…
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Call for Papers associated with the Innocence Network Conference
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Supreme Court Decides Important Fourth Amendment Case
The limits and powers of the Fourth Amendment, which protect against unreasonable searches and seizures, are particularly important to individuals in criminal trials. In a recent case heard by the Supreme Court of the United States, Manuel v. City of Joliet, a majority of the court ruled that the Fourth Amendment is the proper basis by which a person can challenge a post-arrest detention The Facts of the Case The case of Manuel involves a man who was allegedly pulled from his motor vehicle by law enforcement. Law enforcement then allegedly beat the man and called him racial slurs before eventually arresting the man on a drug based the charge. A field test performed on the pills found in the man’s possession came back negative. The man also alleges that a technician at the police station performed another test on the pills which also resulted in negative findings. On the basis of law enforcement’s reports, a county judge ordered the man to be imprisoned and the man…
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Flawed Forensic Science Misleads More than Juries
Before President Obama’s Council of Advisors on Science and Technology (PCAST) released a report evaluating the foundational science of pattern matching forensic science disciplines and even before the release of the 2009 National Academy of Sciences report on the state of forensic science in the United States, the forensic science discipline that was first widely critiqued by the scientific community was the analysis of bullet lead composition. A 2004 report by the National Academy of Sciences reviewed a forensic technique that was exclusively used by the FBI for about 40 years. The report raised such serious concerns that the FBI voluntarily abandoned the technique a year later. While much attention has focused on exonerating people who were wrongfully convicted in cases where the technique was used to link them to bullets found at crime scenes, the consequences of misapplying forensic techniques have raised interesting questions about investigations of the past. In an…
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Road Rage Prosecution and Defense | How is Road Rage Prosecuted
It seems as though every time you turn on the news, there is another incident of aggressive driving or so-called “road rage” in North Texas. According to AAA, 9 out of 10 drivers report that aggressive driving is a threat to their personal safety. Additionally, 8 million drivers have reported getting out of their car to confront another driver or bumped another car on purpose. While there is no law in Texas that uses the term “road rage,” many of the acts associated with road rage can result in criminal charges. What is Road Rage? Road Rage was a term originally coined by the media in L.A. in the 1990’s due to a string of shootings that occurred on their highways. Road rage is part of the spectrum that is aggressive driving. Aggressive driving is defined by the National Highway Safety Traffic Administration (NHSTA) as “the operation of a motor vehicle in a manner that is likely to endanger persons or property.” Road rage often…
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Road Rage Prosecution and Defense | How is Road Rage Prosecuted
It seems as though every time you turn on the news, there is another incident of aggressive driving or so-called “road rage” in North Texas. According to AAA, 9 out of 10 drivers report that aggressive driving is a threat to their personal safety. Additionally, 8 million drivers have reported getting out of their car to confront another driver or bumped another car on purpose. While there is no law in Texas that uses the term “road rage,” many of the acts associated with road rage can result in criminal charges. What is Road Rage? Road Rage was a term originally coined by the media in L.A. in the 1990’s due to a string of shootings that occurred on their highways. Road rage is part of the spectrum that is aggressive driving. Aggressive driving is defined by the National Highway Safety Traffic Administration (NHSTA) as “the operation of a motor vehicle in a manner that is likely to endanger persons or property.” Road rage often…
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