Our firm has represented numerous clients with offenses involving weapons. The most common question we receive from the clients that we represent in these situation is “can I get my gun, knife, weapon, back?” The answer is, as always, it depends. When you can’t get your weapon back. Texas Code of Criminal Procedure 18.19(e) explains that if you are convicted of an offense involving the USE of a weapon, your weapon must be forfeited to the state. Then the state can either sell or destroy that weapon. But, it may be possible under the Texas code to get your weapon back. Continue reading
Can I get my weapon back?!
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//blawgsearch75.rssing.com/chan-6519914/article29342-live.html
Hernandez v. Chappell, No. 11-99013 (12-29-17)(Reinhardt w/Pregerson; dissent by Nguyen). The district court already had found IAC in the sentencing phase of this capital habeas for failure to investigate and present a diminished mental capacity defense. The State did not appeal the court’s decision to set aside the death penalty. As for the guilt phase, the district court had found no prejudice. The diminished capacity evidence, in the court’s opinion, would not have changed the guilty verdict given the facts, the multiple murders, rapes, and the detailed confession.On appeal, the panel found IAC in the guilt phase. A majority, which Pregerson helped constitute before his death, also found prejudice. The majority opinion goes through the extensive evidence of diminishment due to organic brain damage, mental illness, and horrid abuse and concludes that one juror probably would have been swayed.Dissenting, Nguyen agrees with IAC but would not find prejudice given…
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Senator Hatch Retiring at End of Term
Siobhan Hughes reports for the WSJ:Senate Finance Committee Chairman Orrin Hatch (R., Utah) said he would retire when his term ends early next year, opening the door for a possible political comeback by 2012 GOP presidential nominee Mitt Romney."Every good fighter knows when to hang up the gloves," Mr. Hatch, 83 years old, said in a statement. "And for me, that time is soon approaching. That's why, after much prayer and discussion with family and friends, I've decided to retire at the end of this term."Senator Hatch has been a champion of the cause of justice for a long time. His leadership in getting the habeas reforms of the Antiterrorism and Effective Death Penalty Act of 1996 was essential to that landmark legislation. We thank him for his service and wish him well in his retirement.
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Kansas Must Compensate the Wrongfully Convicted in 2018
After spending 23 years in prison for a crime he didn’t commit, Lamonte McIntyre, who was represented by the Midwest Innocence Project, was able to spend Christmas and the New Year at home with his family. 2018 brings a new beginning for McIntyre, as he goes back to school to finish his college degree on a full scholarship, which he began in prison. He is doing this all without a penny from the state of Kansas, the state that took over two decades of his life. Sign: I support compensating the wrongly convicted in Kansas Despite this, McIntyre continues to persevere, but not without using his voice to advocate for change. He recently co-authored a column for the Kansas City Star, identifying Kansas as one of the 18 states that does not compensate the wrongfully convicted. At this juncture in Kansas, more services are provided to those who were actually guilty of a crime and released, than those who are innocent and finally free. Lamonte McIntyre op-ed in @KCStar: I…
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Bicyclists Cannot Be Convicted of DUIs in Washington State
Washington State law defines “vehicle” to include bicycles. In 1995, however, the Washington Court of Appeals ruled that the state DUI statute does not include bicycles. While this case is not controlling law in Illinois, attorneys who help people charged with an Illinois DUI find its reasoning compelling. At about 3 a.m. in June 1992, the defendant was riding his bicycle in Montesano, Washington. An officer pulled him over after watching him swerve and make wide turns. The officer testified that the defendant had slurred speech and smelled like alcohol. The officer asked him to perform field sobriety tests, several of which he failed. He was arrested for DUI. At the station, he waived his Miranda rights. A breath test indicated his blood alcohol level was .13. Following a bench trial, he was convicted of driving while intoxicated. His motion for a new trial was denied, and he appealed. Continue reading →
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Crash on I-184 connector near the mall.
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: 1/2/17 - 4:40 pm Please direct questions to the District Office Idaho State Police, as well as other emergency responders are currently on scene of a single-vehicle crash on I-184 (the connector) near the mall. The left lane of travel is blocked due to the crash and traffic is slow through the area. We will update when the lanes are clear. 3318 -------------
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**UPDATE** - Crash cleared ** Crash on I-184 connector near the mall.
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: 1/2/17 - 6:35 pm Please direct questions to the District Office **UPDATE** Troopers cleared the crash scene around 5:30 p.m. All lanes were re-opened to traffic at that time and traffic is now flowing smoothly on I-184. **END OF UPDATE** Idaho State Police, as well as other emergency responders are currently on scene of a single-vehicle crash on I-184 (the connector) near the mall. The left lane of travel is blocked due to the crash and traffic is slow through the area. We will update when the lanes are clear. 3318 -------------
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Semi VS Train on SH 33 at Milepost 62
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: 01/02/18 6:38 P.M. Please direct questions to the District Office On January 2, 2018, at approximately 2:53 P.M., Idaho State Police investigated a semi vs train injury crash on SH33 at milepost 62, just east of the Sage Port of Entry. Zakary M. Shurtliff, 21, of Hamer, was driving eastbound on SH33. When he approached milepost 62, the train was already crossing and Shurtliff collided with the rear box car. Shurtliff had minor injuries. Shurtliff was wearing a seatbelt. SH 33 is blocked from about the Sage Port of Entry to milepost 70.75. The Idaho State Police was assisted by Jefferson County Sheriff's Office and the Idaho Department of Transportation. This crash is under…
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Louisiana Elderly Man Accused of Fraud in Nigerian Prince Email Scam
A 67-year-old man is facing hundreds of counts of wire fraud and money laundering for alleged participation as what police call a “middle man” in a common type of email scam dubbed “Nigerian prince.” These shams, so named for many of them originating in Nigeria though they happen all over the world, typically connive people out of personal information such as bank account numbers under the pretense that they are assisting someone from Nigerian royalty in transferring money to the United States. The scammer then offers compensation for their aid. Law enforcement stated that investigating this type of crime poses challenges, “as many leads have led to individuals who live outside of the United States.” After an 18-month and still ongoing investigation, police arrested Michael Neu on November 28 as they believed he was working with associates in Nigeria and serving as an intermediator in the fraudulent operations. Continue reading →
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Update in Manslaughter Case Against Khari Noerdlinger: All Remaining Charges to be Dismissed
Khari Noerdlinger was fully vindicated inside the Bergen County Courthouse today: a manslaughter charge which had been dismissed in September by the Bergen County Prosecutor’s Office due to prosecutorial misconduct and perjury by the case detective in the grand jury, led to today’s agreement by the prosecutors to dismiss the remaining weapons and obstruction of justice charges once Khari completes six months of pretrial intervention which includes some community service and drug testing. Khari will be left with no criminal record from the incident of January 31, 2016 in which he was attacked by three armed men outside his home, two with knives. In addition, we will initiate a lawsuit on behalf of Khari against the Bergen County Prosecutor’s Office, Assistant Prosecutor Danielle Grootenboer and Detective James Costello of the Bergen County Prosecutor’s Office. Furthermore, Khari’s attorney Jeffrey Lichtman will seek the disbarment…
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Volokh Conspiracy: A Few Thoughts on Collins v. Virginia & Four Thoughts on Byrd v. United States
Volokh Conspiracy: A Few Thoughts on Collins v. Virginia by Orin Kerr Volokh Conspiracy: Four Thoughts on Byrd v. United States by Orin Kerr
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Captives Of The Tone Police
Judge Richard Kopf raised a question that served as a litmus test for language. Were the words “characteristically emotional,” without any further information, sexist? As the judge noted, many thought so, and one lawyer who raised the question of whether the words might not be sexist, but rather an individualized, maybe even accurate, description was not treated well for doubting. The other day, the question was raised whether academics should be subject to detailed, specified twitter “norms” to maintain the image of propriety of the Legal Academy. UNC lawprof Carissa Byrne Hessick received support for her idea,* but also some pushback. I find it a bit odd that in making the case for, among other things, more civility from professors who tweet, I’ve been criticized for failing to call out, by name, those profs who have not been particularly civil. Some would argue that omitting the names, or at least the specific twits giving rise to the call for…
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Christensen on The Social Structure of Transnational Criminal Justice
Mikkel Jarle Christensen (University of Copenhagen - Faculty of Law) has posted The Social Structure of Transnational Criminal Justice: A Cluster of Spaces Beyond National Borders (iCourts Working Paper Series No. 109 , Forthcoming, Mikkel Jarle Christensen & Neil Boister...
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D.Me.: Getting def to reveal cell phone passcode was 5A claim, not a 4A claim
Defendant’s cell phone was seized with a warrant. Defendant was questioned and he lawyered up, but the officer ignored it and kept asking questions. Finally, defendant gave up the passcode for the phone. This is a Fifth Amendment issue, not … Continue reading →
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CA10: Franks doesn’t apply to private actors providing false information to LEOs
Even assuming private volunteer animal cruelty investigators provided false information that was used to get search warrants issued for plaintiffs’ property for evidence of cockfighting, qualified immunity applies because no case holds that the Franks doctrine applies to a private … Continue reading →
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W.D.Ky.: Motion to reconsider denial of motion to suppress only raised a trial issue, not a suppression issue, so denied
Defendant’s motion to reconsider the prior denial of a motion to suppress is denied because he raises essentially only an issue for trial as to where a gun was found, not to suppress evidence. United States v. Keeling, 2018 U.S. … Continue reading →
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Cal.1: School search rationale applies to street cop called in to back up school resource officer
A school principal received a report from a CI student that the juvenile had a gun in school. He sent for the student who came to the office where a school resource officer and a street officer were waiting. “For … Continue reading →
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Federal Data Shows More Banks Are Serving Marijuana Businesses
The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has released updated statistics showing a steady increase in the number of depository institutions that actively bank U.S. marijuana businesses. As of September 30, 2017, a total of 400 banks and credit unions provided services to marijuana-related businesses, up from 334 as of December 31, 2016. FinCEN’s data is based upon Suspicious Activity Reports (SARs) required to be filed by financial institutions on activity involving a marijuana-related business. In guidance issued in February 2014, FinCEN required financial institutions providing services to marijuana businesses to file the following types of SARs depending upon the type of services being provided: A “Marijuana Limited” filing, which means that the financial institution’s due diligence indicates that the marijuana-related business does not raise any of the red flags as defined in the Cole Memo and is compliant with…
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Mother of Drowned Georgia Toddler Files Wrongful Death Suit Against Ex-Husband
Wrongful death lawsuits are always difficult and harrowing for families who lost a loved one. Often these cases are brought over car crashes or industrial accidents. However, in Georgia, the mother of Dylan Walsh, a three-year-old boy whose body was found in a lake two years ago, has filed a wrongful death suit against her ex-husband. A report in The Telegraph carried claims by Jenean Winston that her ex-husband Mark Walsh was responsible for the death of their son at Lake Tobesofkee. Toddler Dylan was found drowned close to the Pig and Fish restaurant in August of 2015. Wrongful death suit is filed over boy’s death The tot was in his father’s custody on the night he died. His mother believes the tragedy could have been avoided. The wrongful death suit accuses him of being in dereliction of his duties as a father. The tragedy occurred on his first weekend of custody of the child since his divorce from the child’s mother. The civil wrongful death suit…
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AZ: Passenger in a vehicle has standing to contest GPS surveillance of vehicle, but here GFE applies because pre-Jones
The passenger in a vehicle subjected to GPS monitoring even for a few days and on public roads has standing to contest the monitoring. Here, however, the GPS device was placed in February 2010, more than two years prior to … Continue reading →
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