Linus Chan (University of Minnesota School of Law - Center for New Americans) has posted The Promise and Failure of Silence As a Shield Against Immigration Enforcement (Valparaiso University Law Review, Forthcoming) on SSRN. Here is the abstract: When confronted...
Chan on Silence and Immigration Enforcement
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Senior Drivers: Staying Safe Behind the Wheel
Getting older comes with changes. As the years pass by, we face changes. Some good, some bad. But, through all that time— we learn a little bit more. One of the toughest things about getting older is staying safe while driving. Our vision typically gets worse, reflexes start to waver, and in some ways, we don’t have the same abilities that we used to. Staying safe behind the wheel is always a concern, it has been since we started driving. We’ve always worked hard to be good drivers, and good participants in our roadway systems. But, with age, the implications of this get to be a little bit more than they were. So we’re here to help you, senior drivers. Whether you need to hire a driver, call in your kids, or you’re doing just fine— there are a few steps to take before you get behind the wheel as a senior driver. Staying Safe Behind the Wheel: Senior Drivers Timely Hearing and Vision Tests The first step to staying safe behind the wheel, is…
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The Nation Highlights Innocence Project Case Mired in Deeply Flawed Forensic Analysis
The Nation has published a lengthy, investigative piece on the efforts of the Innocence Project’s strategic litigation unit to reverse the conviction of Jimmy Genrich, who was convicted of a series of 1991 pipe bombings that killed two people in the mining town of Grand Junction, Colorado. Genrich, who has been in prison for nearly 25 years, became a suspect in the cases because he had once asked a woman at a local bookstore to order him a copy of The Anarchist Cookbook, which includes instructions on how to make a pipe bomb. Agents with the federal government’s Alcohol Tobacco and Firearms followed Genrich for months. At one point they persuaded Genrich’s parents, under the pretext that it could spare him the death penalty, to wear a wire and try to get him to confess. He didn’t. Genrich was eventually charged and put on trial for the crimes. The only physical evidence connecting him was the testimony of a toolmark examiner who claimed that marks made…
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Overview of California’s Three Strikes Sentencing Law
In 1994, California imposed a radical new set of sentencing regulations that called for incredibly harsh penalties for individuals who were convicted of multiple crimes. The primary goal of California’s Three Strikes law is to deter individuals from committing crimes. However, the sentencing provision has mostly been responsible for unjustly sentencing criminal defendants to harsh […]
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Is There A Warrant Out For Your Arrest?
Is there a warrant out for your arrest? Chances are you can’t find out on your own. Arrest warrants are sealed until they are executed. That means law enforcement cannot and will not tell you if you have an active arrest warrant. It also means your warrant will not appear on Iowa Courts Online. However, the lawyers at Stowers & Sarcone, PLC can often find out if you have an active arrest warrant. We utilize our sources within law enforcement and the prosecution to determine if there is an active warrant for your arrest. But finding the warrant is just the first step. If you have an active arrest warrant we can help. There is no need for the cops to arrest you at your home or business. Instead, we can proactively handle the warrant by: Filing a motion to recall the warrant Arranging a time for you to turn yourself in and bond out or Appearing in Court and asking the judge to recall the warrant and set new court dates Warrants are nerve wrenching. We understand…
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Laser Pointing Not a Game, It’s a Crime
Laser is an acronym for Light Amplification by Stimulated Emission Radiation, according to NASASpacePlace. Lasers produce a very narrow beam of light whose beam is larger at long distances. The beam projected from the laser is a small, millimeter-size dot that can expand to inches as the distance is increased, according to Laser Pointer Safety. Some people believe it is a “fun” game to point laser beams at aircraft. Pointing Laser at Aircraft is a Federal Crime In reality, it is a dangerous, criminal act to engage in this behavior because when the beam strikes the windscreen of an airplane or the bubble of a helicopter, it spreads the light and can even cause temporary blindness, putting the occupants of the aircraft in serious danger. Laser Pointer Safety recently reported that there were 6,753 known “laser illumination” incidents reported to the U.S. Federal Aviation Administration in 2017. This is a small decrease…
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Blandon-Gitlin & Mindthoff on Videotaped Interrogations
Iris Blandon-Gitlin and Amelia Mindthoff (California State University, Fullerton and Florida International University (FIU) - College of Arts & Sciences) have posted an abstract of Do Video Recordings Help Jurors Recognize Coercive Influences in Interrogations? (Criminal Juries in the 21st...
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YOUR NEW COUNTY COURT JUDGE
ASA Laura Shearson- Cruz. Got the call today/last night. Good pick. Seems like a good and experienced prosecutor. For all the grief we give them, Rumpole always says former prosecutors make the best Judges. From Occupied America, where the Government is open, then it's closed, then it's open, Fight the Power (when it's open and even when it's not). Site Feed
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How Erroneous Jury Instructions on a Maryland Murder Charge Can Taint an Entire Case and Lead to a Reversal of All Convictions
There are several different ways that a defendant can be convicted of murder in Maryland. One of these is for the state to prove beyond a reasonable doubt that the accused committed intentional murder. An alternative avenue does not require the state to prove this level of intent. It only requires that the prosecution show that the accused intended to commit another crime and that a death occurred in the process of that activity. This is called “felony murder.” There are ways to defend against a charge of felony murder, some of which involve utilizing a detailed knowledge of the law. This is yet another example of how your case can benefit from the skills of a knowledgeable Maryland homicide defense attorney. One recent case involved a defendant, Sean, who was facing a felony murder charge. The death took place after the end of a party at the home of a man named Charles. Charles, TJ, Gary, Sean, and Chucky had been partaking of drugs and alcohol at the party. After…
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What Happens If My Child Slips and Falls on School Property?
Your child is your single, most beloved possession. When you send him or her to school every morning, you should be able to entrust the school with their health and safety. Schools have a duty and responsibility to provide a reasonably safe environment and provide requisite supervision at all times. Unfortunately, accidents do occur when only a few adults are in charge of hundreds of children. One of the most common incidents to occur in school buildings are slip and fall accidents. In most cases, these types of accidents cause minor bumps and bruises for children. They aren’t much of a worry. However, there are incidents that are more severe and the injuries are substantially more serious. These include brain injuries from hitting their head, broken bones, spinal injuries from landing on their neck, and other severe bodily injuries. In most cases, these injuries will send your child to the emergency room or even worse. If the slip and fall accident occurred because of…
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Full 5th Circuit to hear case of teen framed by Brownsville PD, and other stories
Here are a few odds and ends that merit readers' attention:New Texas #cjreform newsletterA new, weekly, Texas-specific justice-reform news roundup from the Fair Punishment Project merits readers attention and brings up a few thoughts. Here's the latest example. Go here to sign up.Juvie prisons full, or emptying, or somethingThe new executive director of the Texas Juvenile Justice Department had earlier opined that Texas couldn't "raise the age" because the TJJD system was too full to handle the extra 17 year olds, though Grits disputed how many extra kids that would be, and instead was shifting high-risk youth to be housed in adult prisons. Now, though, she's saying the state may have enough extra slack in the system to close more juvie units in the next few years and rely more on community corrections. So which is it? Would adding 17-year olds overwhelm the juvie system, or are we anticipating enough slack to close entire units in the near…
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Kentucky Attorney General Moves to Dismiss 1995 Murder Convictions of Two Men Based on New DNA Testing and Evidence of Police Misconduct
Keith Hardin and Jeff Clark will return to court on Monday, February 19th when attorneys will ask judge to grant the motion to dismiss (February, 2018 – Louisville, KY) Yesterday the Kentucky Attorney General filed a motion to dismiss the 1995 murder convictions of Garr Keith Hardin and Jeffrey Dewayne Clark based on DNA testing and evidence of police misconduct. The two men served more than 20 years of a life sentence for the crimes before their convictions were vacated and they were released in 2016. They are scheduled to be in court on Monday, February 19, 2018, at 1 PM EST, when the legal team will ask the court to grant the motion to dismiss the indictments. “We are grateful this long journey has finally come to an end and that Mr. Hardin and Mr. Clark can finally put this case in their past,” said Seema Saifee, a staff attorney with the Innocence Project, which is associated with the Cardozo School of Law. “We owe a debt…
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Being a Good Passenger on a Motorcycle
If you are finally about to ride along with your significant other on their motorcycle, there are a few things you need to know. Being a good passenger in a vehicle is one thing, but on a motorcycle— it can be the difference between life and death. We are not telling you this as a means of intimidating you. Rather, to tell you why you should take it seriously. Riding along on the motorcycle, especially when you don’t have to be in control of it— is pretty exhilarating. But, before you go— we’re going to tell you how to be a good passenger. Being a Good Passenger on a Motorcycle First things first— get dressed in tight clothing No, this ins’t so you’ll look great on the back of the bike. Loose clothing can be a big danger. As a passenger, your seat is right on top of a lot of the nitty gritty. I know, a skirt flowing in the wind is the kind of romantic you’d envisioned. But, that flowing fabric could get caught in a lot of…
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Reasons to Become a Truck Driver: Choosing the Open Road
If you’re trying to pick a career path— chances are, you’ve considered a lot of different options. But one you might’ve skipped over, is becoming a truck driver. Maybe you don’t think the money is worth it, you aren’t comfortable driving a large vehicle, and the thought of it is daunting. But, what you might not know, is that there are plenty of positive reasons to become a truck driver. So, before you say no— take a look at our list of reasons why being a truck driver, might be right up your alley. Reasons to Become a Truck Driver: Why the Open Road Might Be Your Best Path Job Security There are plenty of opportunities within the field of truck driving. As we’ve said, it can be pretty daunting. Because of that, many people don’t even consider it. Therefore, there are plenty of jobs available between the U.S. and Canada. If you are willing and want to find a place within this field, there are plenty of opportunities. You…
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Wheeler on Creating Optimal Patrol Areas
Andrew Wheeler (University of Texas at Dallas - School of Economic, Political and Policy Sciences) has posted A Gentle Introduction to Creating Optimal Patrol Areas on SSRN. Here is the abstract: Models to create optimal patrol areas have been in...
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LinkedIn evidence leads Sixth Circuit to remand case for Remmer hearing
In United States v. Talman Harris, social media evidence led the Sixth Circuit to remand a case for a hearing on extraneous influence on a juror. While on trial for wire fraud, Mr. Harris received a notification that someone viewed his LinkedIn profile. After the jury found him guilty, Mr. Harris logged in and discovered that a local college student had viewed his profile. Further research revealed that this student was a juror’s live-in girlfriend. Mr. Harris had no connection to the student, and his trial had not received publicity.This evidence suggested that the juror violated the court’s instructions by discussing the trial with his girlfriend. Additionally, the exclusion of certain evidence made this discovery especially problematic. A licensing organization had investigated Mr. Harris and revoked his license. The district court had excluded this evidence from the trial. However, searching Mr. Harris’s…
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Sixth Circuit holds that North Carolina robbery is a crime of violence under the residual clause of the guidelines
In United States v. Smith, the Sixth Circuit returned to its earlier holding that North Carolina robbery qualifies as crime of violence under the sentencing guidelines’ residual clause. In 2014, the Sixth Circuit had decided this very issue in Mr. Smith’s case, holding that North Carolina robbery was a crime of violence under the residual clause. However, in light of Johnson, the Supreme Court vacated that decision and remanded the case. After the Sixth Circuit ruled that the guidelines’ residual clause was void for vagueness, it remanded Mr. Smith’s case to the district court. The district court then ruled that the robbery was a crime of violence under both the elements clause and the enumerated offenses clause. While Mr. Smith’s appeal was pending, the Supreme Court decided Beckles, holding that the guidelines’ residual clause was—in fact—valid. Accordingly, when Mr. Smith’s case arrived…
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Week of January 29 - February 2, 2018
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Sixth Circuit rules that defendant who volunteered to search the internet for information on a missing drug shipment can be held responsible for the shipment’s total weight
In United States v. Pablo Hernandez, the Sixth Circuit demonstrated the low threshold required for holding a defendant responsible for drugs distributed by a conspiracy. Mr. Hernandez procured an abandoned warehouse to receive large shipments of marijuana from out of state. In return for this service, the supplier agreed to pay Mr. Hernandez $5,000 per shipment. After the supplier fell behind on his payments, he offered to give Mr. Hernandez two kilograms of cocaine to satisfy his debt. These two kilograms were part of a larger 28 kilogram shipment. However, Mr. Hernandez and his associates were not going to receive this shipment; instead, Mr. Hernandez needed only to pick up his two kilograms from the delivery location.En route, the shipment went missing. The supplier told Mr. Hernandez that he was concerned that police had seized the shipment, or that one of the supplier’s employees had stolen it. Mr. Hernandez “then…
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Gallup Poll on Gun Laws
Megan Brenan reports for Gallup that a poll shows that 46% of Americans are dissatisfied with our gun laws and want them more strict, 39% are satisfied with the laws as they are, and 8% are dissatisfied and want them less strict.So a proposed law for greater restriction would have 46% in favor and 47% (39+8) opposed. That's about as tight as it gets. A proposal for less restriction would have 8% in favor and 85% (46+39) opposed.A footnote on the graph notes but does not give a figure for "those who are dissatisfied but want laws to remain the same." Huh? Apparently the number of such confused people is small.
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