Orin Kerr had this post on The Volokh Conspiracy while I was still recovering from a three-day snowmobile vacation. In addition to his views on Collins, the post also links to an earlier discussion of the Court's other automobile case,...
"A Few Thoughts on Collins v. Virginia"
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High Texas Court Overturns Murder Convictions of Two Innocence Project Clients
Today, the Texas Court of Criminal Appeals overturned the murder convictions of Dennis Lee Allen and Stanley Mozee based on evidence that their constitutional rights were violated as a result of repeated grave misconduct on the part of the former prosecutor who handled both trials. Mozee and Allen were wrongfully convicted in 2000 of murdering Jesse Borns, Jr., a local store owner lay minister and, consequently, sentenced to life in prison. They were freed from prison in a Dallas County district courtroom free men more than three years ago based on new evidence uncovered as the result of a joint re-investigation of the case by the Innocence Project, the Innocence Project of Texas and the Dallas County District Attorney’s Office. A wealth of exculpatory evidence was found in the files created by the former trial prosecutor, Rick Jackson, who is no longer with that office. The court found that Jackson had withheld numerous items of exculpatory evidence relating…
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MASSACHUSETTS SEXUAL ASSAULT MAY NOT BE WHAT YOU THINK IT IS (Part One of Two)
As exemplified by the “Me Too” movement, stories of sexual harassment and sexual assault are rampant. The prevalence of the reports are staggering to most people. One of the most recent spotlights on the subject was none other than Oprah Winfrey who commented on the movement, as CNN tells us, at the Golden Globe awards. Oprah announced that she had been “inspired” by “all the women who have felt strong enough and empowered enough to speak up and share their personal stories.” She further stated, “For too long, women have not been heard or believed if they dared to speak their truth to the power of those men, but their time is up…. I want all the girls watching here, now, to know that a new day is on the horizon! And when that new day finally dawns, it will be because of a lot of magnificent women, many of whom are right here in this room tonight, and some pretty phenomenal men, fighting hard to make sure that they become the…
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FinCEN Confirms Marijuana Banking Guidance Remains in Place Despite DOJ Policy Reversal
Reuters is reporting today that the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) was caught off guard by Attorney General Jeff Sessions’ announcement last week that the Justice Department was reversing its policy regarding enforcement of federal marijuana laws. A FinCEN spokesman said in a statement that his agency’s prior pronouncement regarding marijuana banking nevertheless “remains in place,” referring to guidance issued in February 2014 to clarify Bank Secrecy Act expectations for financial institutions seeking to provide services to marijuana-related businesses. That guidance described how financial institutions could provide banking services to marijuana businesses consistent with their BSA obligations despite the fact that the manufacture, distribution, and dispensing of marijuana is illegal under federal law. And as we recently reported, 400 banks and credit unions were actively…
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Columbus Ohio Shoplifting Attorney
Shoplifting is one of those things that many more people have committed than we will ever know of, but for the individuals who have been caught doing so a charge of theft can be a serious impetus to future success and a trap door in an advancing career. The Ohio Revised Code refers to this crime directly as theft […] The post Columbus Ohio Shoplifting Attorney appeared first on Sallynda Rothchild Dennison Attorney at Law.
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Your Texas Auto Insurance Policy Primer by a Texas Car Accident Lawyer
Don’t wait for a car accident to learn what your auto insurance policy will cover. You should know what your policy contains before you get into an accident. After a crash occurs it’s too late to modify your coverage. Being hit by an uninsured or underinsured driver in a Texas car crash can be devastating. What Texas Law Requires for Financial Responsibility in Car Accidents Texas state law requires motorists such as yourself to be financially responsible. You should, at a minimum, have auto liability insurance to pay for any accidents you cause. It is required by Texas law. Know that one third of all Texas drivers do not have auto insurance. What will happen to you if you are hit by a deadbeat with no auto insurance coverage? Continue reading
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Crash Blocking westbound lanes at I86
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 01/11/18 10:49 a.m. Please direct questions to the District Office The Idaho State Police is currently working a crash westbound I86 at the southbound I15 connection. Traffic is blocked in the southbound lanes of I15. Driving conditions are poor in the area. Please use caution and expect time delays. 3984 / 4031 -------------
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Is Your Car a Deadly Weapon? Florida Supreme Court to Decide.
Is it possible for your vehicle to be a deadly weapon? Although it might seem a straightforward question, given the fact that a vehicle could in fact be deadly if it’s used to run another person over, the answer isn’t clear when it comes to Florida law. The state appellate courts have reached different conclusions on this front, and the Florida Supreme Court is slated to issue a ruling on one such case, meaning it could settle the issue. The distinction between vehicle and deadly weapon is significant because it holds the possibility of an additional 15 years to one’s prison sentence if convicted of using a deadly weapon against another person. In 2004, justices with the Florida Supreme Court ruled that a motor vehicle isn’t something that can be commonly considered an instrument for use in combat against another individual. Based on that ruling, a South Florida appellate court last year ruled that a 30-year sentence on a manslaughter charge…
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D.Conn.: “observation of a small amount of marijuana not clearly labelled for medicinal use creates probable cause that evidence of illegal drug activity would be found within the car”
“Because Officer Diaz had reason to believe that a gun would be found within the Defendant’s car prior to the stop, his observation of a small amount of marijuana not clearly labelled for medicinal use creates probable cause that evidence … Continue reading →
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Insults and Habitual Offenders
Can a prosecutor insult a defense lawyer at trial? In the Texas 5th District Court of Appeals case, Gutierrez Jr. v. Texas, the issue known as “going over the shoulder of counsel” is argued. Surprisingly, prosecutors may sometimes throw an insult or two at the defense table. At times an objection can be made and the trial will proceed, but there are few instances where these insults can warrant a mistrial. In the case mentioned above, the prosecutor told the jury “don’t believe what the defense attorney is saying, he is paid, he has been appointed in this case actually.” The defense counsel objected and moved for mistrial. The objection was sustained but the mistrial was denied. Continue reading
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Et Tu, Academia?
As the sexual harassment allegations have toppled one famous and powerful person after another, I have often found myself saying "It couldn't have happened to a less-nice guy." In many, perhaps most (but not all), cases, the person in question was an arrogant, condescending, sneering, obnoxious person, much too full of himself and contemptuous of others in other contexts. Personality traits are broad, not focused, and it stands to reason that a person who treats others like that generally would also be the kind to engage in this sort of behavior.Academia has its share of such people, perhaps more than its share, so it stands to reason that this chicken would eventually come home to roost there. The time may be nigh. Melissa Korn has this article in the WSJ.
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News Scan
MS-13 Member Admits Killing Girl: An 18-year-old female member of the notorious MS-13 street gang pleaded guilty on Monday to the brutal stabbing murder of a 15-year-old girl. Travis Fedschun of Fox News reports that Venus Romero Iraheta, who does not speak English, admitted through an interpreter that she and other gang members abducted Damaris Alexandra Reyes-Rivas from her Maryland home in January 2017, marched her into a snowy Virginia field without shoes or a shirt, then stabbed her 19 times in the abdomen, chest, and neck. Iraheta told police that the murder was revenge for the victim's relationship with her boyfriend. She will be sentenced for first-degree murder, abduction, and gang membership. She would have been eligible for the death penalty if she had been 18 at the time of the murder. Teens Arrested In Brutal Baltimore Carjacking: A 69-year-old man was carjacked, thrown to the ground, and run over by a group of teens…
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Miranda Rights and the Fifth Amendment Explained
In response to the historic 1966 case of Miranda v. Arizona, the Supreme Court declared that any person taken into police custody must be informed of the right not to make self-incriminating statements under the Fifth Amendment. In Miranda v. Arizona, Ernesto Arturo Miranda was convicted on charges of rape, kidnapping and armed robbery based on a confession he made while being interrogated by police. Had he known his Fifth Amendment rights, Miranda would likely not have confessed to the crimes in question. As such, our “right to remain silent,” and associated rights are commonly referred to as the Miranda Rights. The Four ‘Miranda Rights’ If you are placed in police custody, you must be read your Miranda Rights prior to being questioned. These rights are as follows: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be…
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More than 1% of all Texas men in prison
How does Texas' incarceration rate stack up to other states? Still on the high side, according to the new Bureau of Justice Statistics report, "Prisoners in 2016."At year-end 2016, 12 states had imprisonment rates that were greater than the national rate of 450 per 100,000 U.S. residents of all ages: Louisiana (760 per 100,000 state residents), Oklahoma (673 per 100,000), Mississippi (624 per 100,000), Arizona (585 per 100,000), Arkansas (583 per 100,000), Alabama (571 per 100,000), Texas (563 per 100,000), Missouri (532 per 100,000), Kentucky (518 per 100,000), Georgia (512 per 100,000), Florida (481 per 100,000), and Nevada (460 per 100,000) (table 7). ...More than 1% of all males in seven states were in prison on December 31, 2016: Louisiana (1,469 per 100,000 male state residents), Oklahoma (1,207 per 100,000), Mississippi (1,200 per 100,000), Arkansas (1,095 per 100,000), Alabama (1,085 per 100,000), Arizona (1,071 per 100,000), and Texas (1,040 per…
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*Update* Crash Blocking westbound lanes at I86
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 01/11/18 1:30 p.m. Please direct questions to the District Office **Update** On January 11, 2018, at approximately 10:22 a.m., the Idaho State Police investigated a two-vehicle crash at the intersection of I-15 and I-86 in Pocatello. James Scott, 26, of Chubbuck, was driving a 1998 Mercury Mystique northbound on I-15 and was taking the westbound I-86 on-ramp. Scott failed to negotiate a turn, drove off the road, and became airborne after striking the embankment. Eddy Chapman, 62, of Hagerman, was driving westbound I-86 from southbound I-15 in a 2011 Freightliner semi pulling two trailers hauling hay. Scott's vehicle struck Chapman's, then the semi overturned and…
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BE ALERT: DUI Checkpoint Scheduled on Saturday, January 13, 2018, on West University Avenue in Gainesville, Florida
Be aware that the Gainesville Police Department has announced that GPD and other local law enforcement agencies are conducting a DUI “Roadside Safety” checkpoint this Saturday night, January 13, 2018, in Gainesville, Florida. This check point will be located in the 3300 block of West University Avenue and conducted between 8:00 pm this Saturday night through 3:00 am Sunday morning.
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Shoplifters now more brazen due to Prop. 47
Jason Campbell reports for the Manteca Bulletin:Proposition 47 was supposed to be a crucial component in relieving the overpopulation of California's jails and prisons and a vehicle for saving millions in costs associated with incarcerating nonviolent, non-serious criminals. But opponents of the ballot initiative have said it has led to a sharp rise in the number of property crimes throughout the state, and tied the hands of the law enforcement community in providing a deterrent against the sort of quality-of-life crimes that impact everyday citizens. And it doesn't look like the law is going to change anytime soon. Earlier this week the California Assembly Committee on Public Safety failed to pass a bill proposed by Elk Grove Democrat Jim Cooper that would have addressed many of the concerns that have arisen since the implementation of Proposition 47. * * *Manteca City Councilman Gary Singh said…
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Innocence Deniers: Prosecutors who “refuse to correct life-altering errors”
In an article published yesterday in Slate, law professor and writer Lara Bazelon explores the misguided and distressing actions—and the ensuing impact—of a select group of state prosecutors whom she deems as “innocence deniers”—prosecutors that don’t simply “hinder justice,” she writes, but whom intentionally impede it. The purpose of the article is not so much to simply expose the poor judgement of these particular prosecutors; it is also to ask why some prosecutors neglect the ultimate responsibility of their role as defined by the Supreme Court, to be “servant[s] of the law, the twofold aim of which is that guilt shall not escape or innocence suffer.” According to Bazelon, prosecutors are innocence deniers if they “delay justice and in some cases actively work against it.” For example, “When a prisoner is exonerated by a lower court,” innocence deniers, she writes: double and triple down,…
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What to Do After a Car Accident: Dos and Don’ts
The moments following a car accident are terrifying. One minute you were cruising down Sixth Avenue with the windows down, and the next your airbags are deployed and you have excruciating pain in your neck. As adrenaline pumps through your veins, a million questions flood your mind: “What happened?” “Am I hurt?” “Is the other driver injured?” “Was this my fault?” “What do I do now?” After you take a moment to collect your thoughts, there are some important things to do – and not do – should you need to file an accident claim. Things to Do After a Car Accident Do call 911 After a car accident, exit your vehicle and move to the side of the road away from moving traffic. Your very first call should be to the authorities. Even if there are no injuries, you will still need to file a police report. The 911 dispatcher will ask if anyone is hurt. If so, he or she will send an ambulance along with the officer to…
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*Final Update* Crash Blocking westbound lanes at I86
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 01/11/18 3:00 p.m. Please direct questions to the District Office **Update** All lanes are open. **Update** On January 11, 2018, at approximately 10:22 a.m., the Idaho State Police investigated a two-vehicle crash at the intersection of I-15 and I-86 in Pocatello. James Scott, 26, of Chubbuck, was driving a 1998 Mercury Mystique northbound on I-15 and was taking the westbound I-86 on-ramp. Scott failed to negotiate a turn, drove off the road, and became airborne after striking the embankment. Eddy Chapman, 62, of Hagerman, was driving westbound I-86 from southbound I-15 in a 2011 Freightliner semi pulling two trailers hauling hay. Scott's vehicle struck…
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