As reported in this new AP piece, "Attorney General Jeff Sessions is rescinding the Obama-era policy that had paved the way for legalized marijuana to flourish in states across the country, two people with knowledge of the decision told The Associated Press." Here is more about this big news: Sessions...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/pLkvaImRzQ8" height="1" width="1" alt=""/>
AP reporting AG Jeff Sessions to rescind Cole memo to give more prosecutorial authority to local US attorneys
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OH11: Consent to search pockets didn’t include socks
Defendant consented to a search of his pockets, and the officer exceeded that consent by searching his socks. State v. Ferrell, 2018 Ohio App. LEXIS 18 (11th Dist. Jan. 3, 2018). Defendant was arrested for assault and battery on a … Continue reading →
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W.D.N.C.: Counsel admonished for false dilemma that not finding pretext means condoning racism
United States v. Green, 2017 U.S. Dist. LEXIS 212999 n.1 (W.D. N.C. Dec. 29, 2017): In Defendant’s Objections, he argues his arrest was the result of racial prejudice and discrimination. [See Doc. 44]. With regard to assessing the truth and … Continue reading →
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Gathering Evidence After a Car Accident
While car accidents are common, most of us have limited experience in what to do after a collision occurs. Unfortunately, the immediate hours and days after are often crucial in collecting evidence, which will play an important role in your car accident claim. At our law firm, we have a team of professionals who will thoroughly investigate your case; however, there are important pieces of information you can gather on your own. Likewise, there is evidence which insurers often attempt to use against you. Being aware of this can help protect your rights to compensation. Evidence in Support of Your Car Accident Claim Anytime a car accident occurs, even if it is seemingly minor, your first step should be to notify law enforcement immediately. At the scene, the responding officer will fill out an accident report, which includes important information such as where and when the accident occurred, conditions of both vehicles at the scene, and the names of any drivers involved.…
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How will local US Attorney's likely respond to new marijuana enforcement guidance coming from AG Jeff Sessions?
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Civil Demand Letter for Retail Fraud Accusation
In Michigan when a person is accused by a store, detained by loss prevention, or arrested by police, for retail fraud it is not uncommon for that person to receive a letter in the mail asking for civil damages. These are referred to as Civil Demand Letters. The letter is usually from a lawyer or law firm that often is not even from the state of Michigan (for example, for Walmart cases in Michigan involving alleged shoplifting the law offices of Michael Iran Asen, P.C. in Greenvale, New York handles these civil matters). People who receive these letters often have many questions. Are civil demand letters in Michigan legal? Yes. Michigan Compiled Law 600.2953 allows the merchant to send these letters. This law provides that a merchant who is a victim can seek the following: the full price of any unrecovered property; Continue reading
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Florida DUI Manslaughter Convict Faces Failure to Appear Charges After 14 Years on the Run
Facing down a criminal conviction can be incredibly unnerving, but fleeing can leave you in even bigger trouble than before you started. That’s because failure to appear is a charge in and of itself that can have serious consequences, even if you are ultimately found not guilty of the original crimes. This was seen recently in a case involving a Bahamian man who reportedly fled the country while awaiting sentencing for his DUI manslaughter conviction in 2000 following a crash that resulted in the death of a 44-year-old married mother of two. He was fighting his conviction first in Palm Beach County courts and then in his native country, but he lost his appeal in 2003 and was ordered to report to Palm Beach County to serve his sentence, according to the Palm Beach Post. Instead, he allegedly cut off his ankle bracelet and fled. He was arrested by authorities in the Bahamas and after exhausting all appeals, was extradited. Now in addition to the DUI manslaughter…
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Police Send Cold Weather Warnings To Pet Owners
Multiple police departments in Maryland have posted messages on social media warning local residents to take proper care of their pets amidst the current run of frigid cold temperatures. Anne Arundel County Police sent the word out via Facebook post, which focused on dog owners who choose to leave their pup outside unattended in the cold weather. The police department provided specific guidelines during a severe weather animal emergency including maintaining a constant supply of non-frozen drinking water and using a dog house that is equipped to protect against the elements. The houses must have a usable door flap pointed away from prevailing winds, abundant dry bedding and be situated at least 2 inches above the ground (or any snowfall on top of the ground). Police also warned that houses or shelters that are too large to maintain a temperature above 33 degrees are unsafe for dogs, and any shelter may not be suitable if the “feels like” temperature drops below 20…
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Saunders & Evans on Criminal Trade Secret Theft Statutes
Kurt M. Saunders and Michelle Evans (California State University, Northridge and Texas State University - Legal Studies) have posted A Review of State Criminal Trade Secret Theft Statutes (UCLA Journal of Law & Technology, Volume 21, Issue 2 (Fall 2017))...
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Juvenile Justice Can Be Confusing
Can an adult be tried for a crime they committed as a kid? For murder, yes. There isn’t a time limit for prosecuting murder. In other situations, the law in effect at the time of the crime governs the punishment or sentence. A well-known example is Michael Skakel who was fifteen when he killed Martha Moxley. He wasn’t tried until he was middle age, when he was tried as a juvenile. It’s a story that began sometime on October 30, 1975, in Greenwich, Connecticut. It may have started before then, but that’s the date 15-year-old Martha Moxley was brutally murdered with a golf club. Almost immediately, suspicion fell on three individuals. Kennedy Littleton, a live-in tutor at the Skakel house,, Thomas Skakel and his brother Michael Skakel. Littleton was hired by the Skakel’s parents while Thomas and Michael competed in everything as brothers will. On the night of Martha’s murder, Michael climbed a tree in his parent’s yard and watched Thomas…
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New York Appellate Court Reverses Second-Time Violent Offender Classification Based on Improper Sentencing
New York Criminal Lawyers know that Sentencing is one of the most critical aspects of any criminal prosecution. During this phase, the court will consider many different factors and determine the appropriate sentence for the defendant. There are many types of sentences from which a judge can choose, but in some cases, the judge is required to impose certain mandatory minimum sentences. As a recent appellate opinion shows, having a seasoned New York criminal defense lawyer by your side during sentencing can make all of the difference. The facts of the case are as follows. The defendant was convicted of two counts of violent robbery in November 2010. In 1994, however, the defendant had been convicted of a class B violent felony assault in the first degree. Initially, the defendant was sentenced to probation regarding the 1994 conviction. Following a probation violation, however, he was resentenced to a prison term. During sentencing regarding the 2010 charge, an issue arose…
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More astute commentary from astute commentators on new DOJ marijuana enforcement policy
I have see a lot of sensible commentary from a variety of sensible folks about yesterday's big news that Attorney General Jeff Sessions has rescinding the Cole Memo (basics here and here). Here is a small sampling of some particularly thorough discussions from some particularly thoughtful folks: From the Cannabist,...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/O1X5qXeaMeE" height="1" width="1" alt=""/>
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Laudan on Variable Burdens of Persuasion
Larry Laudan (University of Texas School of Law) has posted Different Strokes for Different Folks on SSRN. Here is the abstract: This paper argues that the false acquittals of serial offenders are much costlier than the false acquittals of first-time...
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NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump
NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump by Ron Nixon: WASHINGTON — Customs officers stationed at the American border and at airports searched an estimated 30,200 cellphones, computers and other electronic devices of people entering and … Continue reading →
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Salt Lake Tribune: Trooper who thought man’s Mormon music was suspicious and searched his car violated Fourth Amendment, judge says
Salt Lake Tribune: Trooper who thought man’s Mormon music was suspicious and searched his car violated Fourth Amendment, judge says by Aubrey Wieber: A federal judge threw out evidence of methamphetamine seized during a traffic stop on Interstate 15 because … Continue reading →
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E.D.Ky.: Shots fired call led to stop on RS but seeing empty shell casings in car was PC
A shots fired call led to the stop of defendant’s car. The officer’s seeing spent shell casings inside was probable cause, and the reasonable suspicion calculus of extending the stop doesn’t apply. United States v. Cooper, 2018 U.S. Dist. LEXIS … Continue reading →
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Use of Digital Currency to Evade U.S. Sanctions
In the last month, the Venezuelan and Russian governments have discussed the use of digital currency to evade U.S. sanctions. In particular, on December 3, 2017, Nicolas Maduro suggested the idea in a television speech. His plans are to create the Petro, which would be backed by Venezuela’s commodities (gold, oil, gas and diamond reserves) similar to the way gold has in the past supported the dollar. Although the Russian government has expressed concern about the potential use of virtual currencies to commit crimes, more recently Russian President Vladimir Putin has indicated a willingness to explore the use of virtual currency to counteract U.S.. sanctions. A recent book, Bitcoin and Cryptocurrency Technologies: A Comprehensive Introduction by Arvind Narayanan, Joseph Bonneau, Edward Felten, Andrew Miller & Steven Goldfeder, addresses fundamental questions about the pros and cons of using virtual currency. How does virtual currency operate?…
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Oklahoma medical marijuana initiative set for June vote
As reported in this press release, Oklahoma Governor Mary Fallin yesterday "set a June election date for the medical marijuana ballot measure." Here is more from the release: Fallin filed an executive proclamation placing State Question 788 on the June 26 primary election ballot. The governor’s other option was to...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/4aRW4WnNlC0" height="1" width="1" alt=""/>
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In prelude to federal prosecution, killer of Kate Steinle gets three-year sentence on sole state count of conviction
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Crowe & Sveinsson on Intimidation, Consent, and Rape
Jonathan Crowe and Lara Sveinsson (Bond University - School of Law and Bond University - School of Law, Students) have posted Intimidation, Consent and the Role of Holistic Judgments in Australian Rape Law ((2017) 42 University of Western Australia Law...
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