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Heise et al. on State Criminal Appeals

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Michael Heise, Nancy J. King and Nicole A. Heise (Cornell Law School, Vanderbilt University - Law School and University of Chicago, Law School, Students) have posted State Criminal Appeals Revealed (Vanderbilt Law Review, Vol. 70, No. 6, 2017) on SSRN....

Two notable and timely commentaries on prison reform

Sentencing Reform and Corrections Act of 2017 on the agenda for the Senate Judiciary Committee coming meeting

"Mass Incarceration and Its Discontents"

Pardon or Parole Hearings — NO APPEAL

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In the past few days, I have received a number of inquiries from people who have been or had a loved one denied parole or a pardon from the Alabama Board of Pardons and Paroles. These potential clients want to know how to appeal a ruling of the Pardon and Parole Board. In every case, I have to give them the bad news: There is NO APPEAL from a decision of the Board. While I hate giving people this bad news, there is something that you can do to put yourself or your loved one in the best possible position to have a favorable outcome: Hire a qualified, experienced lawyer to guide you through the process and represent you at the hearing. I have written before about the process of a Pardon or Parole hearing. There is no substitute for discussing your case with someone who is familiar with the Board as well as their rules and procedures. Perhaps if more of the people who contact me after their hearings would have gotten up with me sooner, they would not be in the position to hear…

Parole Board's Continuing Irresponsibility

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In the 1980's, America largely came to a consensus that parole was a bad idea.  It was abolished altogether in the federal system and sharply restricted elsewhere.  The pendulum has now swung back, and there is good reason to believe that it has swung too far.Eric Siddall has this post for the [Los Angeles] Association of Deputy District Attorneys, with the above title:The state parole board continues its reckless policy of early release for violent felons. We previously documented some examples of the parole board's dangerous trend of ignoring public safety when labeling inmates to be released early as "not a danger" to the public. This past week a panel of commissioners voted to grant parole to William Bradford, who was convicted of murdering his former wife in 1988 by pumping hollow-point bullets into her body. Why? Because the panel said there was no evidence he would pose a threat to the public. This was an extraordinary conclusion -…

Ohio Gov Kasich issue reprieve days before scheduled execution so clemency process can consider new juror letter

Police Airplane Caught You Speeding?

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A police airplane caught you speeding? Or did it? The Iowa State Patrol and other Iowa law enforcement agencies utilize aircraft to allegedly catch speeders. This method of speed enforcement seems super hi-tech, right? It isn’t. In fact, its highly unscientific and prone to substantial error. Several years ago I tried an airplane speeding case in Mason City, Iowa. I came away enlightened (and with a not guilty jury verdict). Have you ever wondered what those painted white blocks are in the middle of interstate lanes. You are not alone. I used to wonder all the time. Those blocks are used to clock vehicles from an airplane. Here is how it worked in my case: A state trooper piloted an aircraft over the interstate. While flying, he also watched the traffic on the interstate. When a vehicle crossed a painted white block the trooper started a stopwatch. When the vehicle crossed the next white block he stopped the stopwatch. Then he inputted the time into a formula which…

NY2: Morning eviction led to trespassing claim in afternoon, and police entry was valid; no REP after eviction

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All the occupants of an apartment were evicted in the morning. Stragglers didn’t vacate. The building manager reported trespassers to the police and they came and entered. The found eight guns in defendant’s possession. Because of the eviction, nobody has … Continue reading →

HuffPo: Tennessee Sheriff Said ‘I Love This Shit’ After Ordering Deputies To Shoot Suspect: Video

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HuffPo: Tennessee Sheriff Said ‘I Love This Shit’ After Ordering Deputies To Shoot Suspect: Video by Hayley Miller Sheriff Oddie Shoupe told officers that he would rather they use deadly force than risk damaging patrol cars, according to bodycam footage.

Morgan on Elder Financial Exploitation Prosecutions

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Rebecca C. Morgan (Stetson University College of Law) has posted A View from the Bridge: A Brief Look at the Progression of Cases of Elder Financial Exploitation Prosecutions (Elder Law Journal, Forthcoming) on SSRN. Here is the abstract: Elder financial...

News Scan

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Appeals Court Upholds Death Sentence:  DNA evidence which helped convict a Texas man of capital murder was also cited by the state's Court of Criminal Appeals to uphold his death sentence.  Clare Osborn of the American Statesman reports that the 1980 rape and murder of 73-year-old Mildred McKinney was unsolved until modern DNA testing of items found at the crime scene resulted in a match to habitual criminal Steven Thomas.  Other evidence included Thomas's fingerprint on the alarm clock next to the bed where the victim was raped, beaten, and strangled to death.  Thomas was working for the pest control company hired by the victim when he cased her house and decided to rob it.  The case was cracked when his sperm was found on tape used to restrain the woman.  The court's decision noted that the coroner, who had performed 15,000 autopsies, testified that the victim's injuries were the worst he had ever seen.Illegal Charged in Fatal…

Accidents With Tow Trucks in Georgia – Man is Trapped

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Tow trucks operators do a dangerous job on the roads of Georgia. They often operate in exposed conditions in by the roadside, making accidents with tow trucks all too common. In November, a man was reported to be pinned under a vehicle after an accident in Forsyth County, reported WSBT-2. According to the Forsyth County sheriff’s office, a tow truck was attempting to remove a vehicle and a man became pinned underneath. It’s not clear if the victim was a tow truck operator or another motorist. The car was removed from the scene and the victim was taken to a local hospital. His condition was not known. Police said the accident occurred at the Lakeland Plaza Shopping Center at 500 Lakeland Plaza in Cumming. Tragically, tow truck drivers are often injured and killed on the busy highways of Georgia. Accidents with tow trucks are often deadly In 2014, a tow truck driver was hit and killed on I-20 in DeKalb County. The accident occurred on I-20 westbound before the…

The NYT Prints A Hit Piece Against a Judicial Nominee

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Is a lawyer who has ever defended a person accused of serious misconduct per se "unfit to be a judge"?  If so, everyone who has ever been a criminal defense lawyer is disqualified.  If I wrote an op-ed saying that a nominee was unfit because he once represented a murderer and sent it to the New York Times, what is the chance it would be printed?  Absolute zippo.Yet today the NYT has an op-ed hit piece attacking Fifth Circuit nominee Kyle Duncan on the ground that he once represented Harry Connick, the former District Attorney of Orleans Parish, Louisiana, in a case arising from a Brady violation committed by attorneys in Mr. Connick's office, not Mr. Connick personally. The article is by Laverne Thompson, the widow of John Thompson.  According to the Supreme Court (Connick v. Thompson, 563 U.S. 51, 54 (2011)):The Orleans Parish District Attorney's Office now concedes that, in prosecuting respondent John Thompson for attempted…

Criminal charges possible after incident at Georgia high school

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Because of recent events involving shootings at schools across the country, many school administrators in Georgia are vigilant about the potential for gun violence. While this concern is understandable, it could leave those people facing a complicated situation if they carried a gun on campus by accident. Unfortunately, a man may face criminal charges after he was accused of doing just that. The incident happened on a day in late January at a Georgia high school. According to reports, a male who is not enrolled at the school entered with a gun. It is unclear whether the person had the appropriate licenses to carry the gun or why he entered the school with it, but the school was placed in lockdown as a result. However, reports indicate that there was no "ill intent" in the action. Despite this, state law prohibits guns on school campuses, even if the carrier has proper licenses. Initial reports indicate that the man was a parent; however, a spokesperson for the…

SCOTUSblog: Symposium: Whatever happens in US v. Microsoft, three themes will persist

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SCOTUSblog: Symposium: Whatever happens in US v. Microsoft, three themes will persist

Common Reasons for Workers Comp Claim Denial

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If you’ve recently filed a workers comp claim and it has been denied, I’m sure you’re wondering why. Workers comp claim denial can come about for a number of reasons. Maybe they had a valid reason, maybe they did not. But, your first step, is to rule out any of these potential factors before you pursue another claim or legal action. Following, you will find a list of common reasons for denial of a claim. You might feel that you’re entitled to compensation, and you likely are. But, there could be many factors working against you. Common Reasons for Workers Comp Claim Denial You waited too long Depending on your state, there is a time limit on filing a workers comp claim. The most common time limit is that of thirty days. While you should file a claim and the time of the initial injury, waiting more than thirty days after the fact can severely hinder your changes of receiving compensation. It might also open you up to the possibility of being accused of…

Two Northern California Doctors Face Sentencing in April 2018 After Being Convicted by Jury of Health Care Fraud After 8 Week Trial for Billing for Unperformed Services, Unseen Patients and Other False Billing Statements

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Years ago, health care fraud cases would only be brought in extreme cases for ghost billing or outrageous conduct. We are seeing cases involving upcoding the office visit, not adding a physician to the group or not dropping the physician to the group, and for exaggerating conditions. A recent case seems to fit in that profile.  Two physicians who went to trial and were convicted of some counts are awaiting sentencing. Dr. Vilasini Ganesh, a family practice physician and head of Campbell Medical Group, was convicted of 10 health care fraud and false statements relating to health care matters and Dr. Gregory Belcher (an orthopedic surgeon) was convicted of one count of making false statements relating to health care matters. Both were acquitted of some counts. There was an 8 week trial before the Honorable Lucy H. Koh, U.S. District Court Judge, and sentencing is now set for April 4, 2018 before the same judge.The government contended that the evidence at trial…

Defending Against a Domestic Violence Restraining Order

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The state of California takes domestic violence very seriously, and state laws allow someone who has been abused or is under the threat of harm to receive a restraining order to protect their safety. While it is important to protect the victims of abuse, false accusations against alleged abusers can result in a great deal of emotional distress, financial hardship, and damage to personal relationships. If you have been served with a domestic violence restraining order, you should understand your rights and the steps you can take to defend against the charges. Restraining Orders in California A person can seek a restraining order against a spouse, ex-spouse, domestic partner, close family member, or parent of their child who has abused or threatened to abuse them. When granted by a judge, restraining orders can require someone to stay away from the alleged victims and their children and relatives, move out of their house, pay child support and/or partner support, or follow…

The Stanaway Motion: When Criminal Defendant Fights Back

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For those that practice criminal law, our profession has taken a new turn. Allegations from decades ago are showing up at the courthouse steps as the media is encouraging people to bring claims that would be deemed stale under normal circumstances. With that being said, the lack of physical evidence or eye witness testimony seems to be an issue that is being overlooked in recent prosecutions. One way to fight the issue of a frivolous prosecution is “The Stanaway Motion.” While most lawyers in the field are not even familiar with this seldom used motion, the presence of the Stanaway case has provided a lot of power to the aggressive criminal defense attorney (People v. Stanaway, 446 Mich. 643 [1994]). The Stanaway case presents the question of whether, and under what circumstances, records of a psychologist, a sexual assault counselor, a social worker, or a juvenile diversion officer regarding a witness should be discoverable by the accused in a criminal trial. This…
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