Surveying the law nationwide, the court concludes that defendant’s giving a false name purged the taint of his unreasonable stop under both the Fourth Amendment and the state constitution. The court declines the invitation to distinguish between violent and non-violent … Continue reading →
NM: Assuming stop was unconstitutional, def’s giving a false name purged the taint
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MUSICAL CHAIRS
Where should the prosecution and the defense sit in a courtroom? Does it matter?In a small courtroom on the third floor of the REGJB, it recently came to pass that the prosecution's table and podium was next to the jury box which holds the defendants that are in custody. The courtroom is one of the smallest in the courthouse. If a realtor was showing it they would call it "charming", "comfy" and "a good starter". In reality, the third floor is where the judges with the least seniority are sent to adjudicate the miasma of the REGJB.One day our intrepid CJ of the criminal courts division covered the calendar. Sensing a possible security issue, she had the prosecution and the PDs switch tables and podiums. No offense to the PDs, but most in-custody defendants would like to take a poke at a prosecutor. And then Judge Blumstein returned to court, and exercising judicial wisdom and discretion, finely honed after hours of sitting…
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. State Criminal Appeals Revealed Michael Heise, Nancy J. King and Nicole A. Heise Cornell Law School, Vanderbilt University - Law School and University of Chicago, Law School, Students Date Posted:...
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Lane Blockage Eastbound I-84 Milepost 69 just west of the Mayfield-Orchard exit
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: 02/24/18 8:30 p.m. Please direct questions to the District Office Idaho State Police is investigating multiple crashes on I-84 from Boise to Mountain Home in the eastbound and westbound lanes. The left eastbound lane is currently blocked just west of the Mayfield-Orchard exit at milepost 69. As the roadway opens up, updates will follow. 3641 -------------
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Case o' The Week: Deep in the Heart of Texas - Aubry Johnson and Primary Jurisdiction for State and Federal Custody
Release, release, release encore: Texas bungles, Ninth deplores ignores. Aubry Johnson v. Gill, 2018 WL 943991 (9thCir. Feb. 20, 2018), decision available here.Players:Decision by Judge Ikuta, joined by Judge Tallman. Dissent by visiting Chief D.J. Oliver.Facts: In Texas state court, Johnson received a long sentence for robbery. Id. at *2. While he was still in state custody, the Feds brought him to district court on different charges. Id. Johnson got another federal sentence – to be run consecutive to the Texas term. Id. The Sheriff of Dallas County then began a remarkable chain of mistakes. In August 2009, while Johnson was still serving his state sentence, the Sheriff mistakenly released him to the U.S. Marshal. Realizing their mistake, the Sheriff asked for Johnson back from the Feds. Id. “A short while later . . . the Dallas County Sheriff's Department informed the Marshals Service that Johnson had completed his state…
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Brain Development, Social Context and Justice Policy Elizabeth S. Scott, Natasha Duell and Laurence Steinberg Columbia University - Law School, Temple University and Temple University - Department of Psychology Date...
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Andrew Skier Quoted Again — al.com Article
I recently became involved in a case in Federal Court in the Middle District of Alabama involving allegations that a client was part of a scheme to perform sub-standard physical examinations for Commercial Driver License holders and applicants. You can read about the case here. If you are unfortunate enough to become involved in criminal allegations that are covered by local or (like in this case) statewide media, you need the assistance of a lawyer who is comfortable and experienced in dealing with and communicating to members of the press. It is important that your lawyer protect you from making statements directly, which can be misconstrued and used against you by prosecutors eager to win their case. At Skier & Associates, we don’t shy away from high profile cases — we embrace them. Give us a call today and see what our lawyers can do for you.
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Texas DA and Court of Criminal Appeals primaries: A podcast excerpt
In the February 2018 episode of the Reasonably Suspicious podcast, my co-host Mandy Marzullo and I discussed several District Attorney primary races which haven't received much attention as well as important Court of Criminal Appeals races up this cycle (including a serious challenger to Presiding Judge Sharon Keller). Give it a listen:See a recent link roundup here related to these DA races (evaluating primaries in Dallas, Bexar, McLennan, Smith, Walker, Victoria, Denton, Smith, and Galveston counties). Find a transcript of this segment below the jump.Transcript: Segment on Texas District Attorney and Court of Criminal Appeals primaries from the February 2018 episode of Just Liberty's Reasonably Suspicious podcast.Amanda Marzullo: Okay. Texas Primary Elections are coming up on March 6. There are several District Attorney Contest and couple of Court of Criminal Appeals races, of which everyone should be aware. In Dallas and San Antonio, the action is in the…
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Understanding Safe Injection Sites in The United States
Philadelphia is about to become the first city in the United States to establish places for people to use heroin and opioids under medical supervision. Questions remain about how federal law will control these “safe injection” sites. Legal analysts anticipate that a unique loophole in federal law will help to protect these areas. Part of the 1970 Controlled Substance Act offers immunity to state officials who commit drug crimes while in the process of enforcing local laws. While the law was designed to protect law enforcement officers who purchase drugs during sting operations, the new application of this law will take on a new life because the law will protect states that establish “safe injection” sites. This immunity law have never been applied in such a unique manner, and there are few past cases to determine if this argument would be successful. Vermont is also considering creating these “safe injection” sites, but lawmakers have…
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InCyberDefense: IMSI Catchers Revive a Heated Debate on Privacy versus Security
InCyberDefense: IMSI Catchers Revive a Heated Debate on Privacy versus Security by Wes O’Donnell. States where used:
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Washington Defense Summary Judgment Denied Despite No Evidence of Vehicle Damage
Injuries can result from even minor automobile accidents. Washington car accident attorneys know that defendants are likely to challenge causation in such cases, and they may even challenge whether a collision even occurred. Documentation of the accident and the injury is extremely important, as a recent Washington appeal case shows. The plaintiff sued the defendant, alleging he was injured in an automobile accident. According to the plaintiff, the defendant’s vehicle crossed the center line, and the mirror of the defendant’s car struck the mirror of the plaintiff’s car. The defendant moved for summary judgment, arguing there was no evidence the “alleged accident” caused the plaintiff’s injuries. She admitted her vehicle crossed the yellow line and “passed closely by” the plaintiff’s car, but she denied hitting the plaintiff’s mirror. She submitted a repair estimate from her insurer,…
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Crash Block SB SH25 @ I84 North of Declo
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 02/25/18 2:20: P.M. Please direct questions to the District Office Idaho State Police is investigating a crash on State Highway 25 near milepost 58, just north of Declo. The southbound lane is blocked. More information will be released when it becomes available. 3642 -------------
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Update: Crash Blocks SB SH25 @ I84 North of Declo
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 02/25/18 2:23 P.M. Please direct questions to the District Office ***** Update ***** All lanes are open. 3642 ***** End Update ***** Idaho State Police is investigating a crash on State Highway 25 near milepost 58, just north of Declo. The southbound lane is blocked. More information will be released when it becomes available. 3642 -------------
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Fatality Crash WB I90 at milepost 49.5, near Kellogg
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 02/25/2018 1:45 pm Please direct questions to the District Office The Idaho State Police investigated a one vehicle fatality crash on westbound I90 at milepost 49.5, near Kellogg, Idaho at 02:18 a.m. Michael A. Seymour, 22 yoa, of Smelterville, Idaho, was driving his maroon 2001 Chevy Silverado truck, when he left the right roadway edge and struck the guard rail. The vehicle then overturned and came back onto the roadway, coming to rest in the median against the jersey barrier. Seymour was not wearing his seatbelt at the time of the crash and was pronounded deceased at the scene. Next of kin has been notified. The investigation is continuing. JAS/ARA/MFC…
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State v. SN – New Jersey Supreme Court Announces the Proper Standard of Appellate Review for Pretrial Detention Decisions
We recently passed the first anniversary of criminal justice reform in New Jersey. As discussed regularly on this blog, these far-reaching changes to criminal practice and procedure in the State affect the handling of all criminal cases in the Superior Court. The primary areas that these changes impact upon are bail reform and the speed with which criminal cases progress through the system. As discussed in previous posts, the new procedures assume those charged with criminal offenses will not be incarcerated pending trial or other case disposition. Prosecutors can, however, seek to detain a defendant while their case is pending before the court. This is accomplished by means of a detention motion filed by the State, which is followed by a detention hearing. After considering, among other things the arguments of counsel and the Public Safety Assessment (the “PSA” – a sort of score sheet that rates the defendant for risk of failure…
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Have You Seen the Musket Man?
Over the last couple weeks, I have a number of friends—and probably at least at one point, even my wife—who have wanted to disown me, or “unfriend” me, or at least get me to STFU. They’d kick me out of the “progressive left” club, if I were part of it. But from where I sit, these people strike me as running strictly on emotion, and not even willing to consider that their short-term goals are not going to accomplish what they want, and that both their short-term and long-term goals are unconstitutional and contrary to the rule of law. In this post, I explain why. In case you didn’t already figure it out, I’m talking about guns. And my friends and former-friends are talking about unicorns. Okay, not unicorns exactly. If you ask them, they’re talking about “gun control.” But “gun control” in a gun-rich environment like the United States is about as mythical as a unicorn. So, same thing. The Militia…
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What a difference a DA can make: new Philly District Attorney taking new approach to juve lifer resentencings
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Prez Trump reportedly "would love to have a law to execute all drug dealers here in America"
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Interesting interview with the "Cannabis Czar" of Los Angeles
In this post from last summer, I flagged the announcement from the office of the Mayor of Los Angeles that Mayor Eric Garcetti had appointed Cat Packer as Executive Director of the newly-established Los Angeles Department of Cannabis Regulation. This news was so very pleasing and exciting because Director Packer...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/5S4kzE-wjsg" height="1" width="1" alt=""/>
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"The Perverse Power of the Prosecutor"
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