Trump Administration reportedly looking (seriously?) at the death penalty for serious drug dealers
↧
↧
Buell on Prosecutorial Speech in Corporate Crime
Samuel W. Buell (Duke University School of Law) has posted Why Do Prosecutors Say Anything? The Case of Corporate Crime (North Carolina Law Review, Vol. 96, 2018) on SSRN. Here is the abstract: Criminal procedure law does not require prosecutors...
↧
Prison Video Confession Permitted in Florida Murder Case
If you are charged with a crime in Florida, you have the right to a fair trial and the presumption of innocence. A recent murder case in Miami tested the bounds of fairness and prejudice when the Third District Court of Appeal was asked to decide whether a jury should be able to see a video of a person confessing to a crime while wearing a prison uniform and handcuffs. The defendant was charged with a 2002 murder during a botched robbery in Miami. The case remained unresolved for some 10 years before police had a breakthrough using fingerprint tracing technology. They eventually matched prints from the crime scene to another man by using a national database. This other man implicated the defendant, and the son of the person killed in the robbery picked the defendant out of a photo lineup. The cops tracked the defendant down to a prison in Pennsylvania, where he was serving time on unrelated charges. He agreed to do a video interview and waived his rights to an attorney. He…
↧
Biased Jury Means New Trial in Florida Sex Crime Case
Anyone charged with a crime in Florida has the right to have a fair and impartial jury of his or her peers determine guilt. The state’s Fourth District Court of Appeals recently explained in a sex crime case that jurors who make clear during the jury selection process that they can’t give the person charged a fair shake should be left off the jury. The defendant was charged with a variety of crimes, including sexual activity with a child, lewd or lascivious molestation of a child over the age of 12 but under the age of 16, lewd or lascivious molestation of a child under the age of 12, sexual performance by a child, and showing obscene material to a child. At trial, his lawyers planned to argue that the defendant gave a false confession to the crimes when he was interviewed by the police as a suspect. One lawyer asked prospective jurors during the jury selection process whether they believe people confess to crimes they didn’t commit. The trial judge allowed…
↧
Gilbert Violeta confronta a Martín Vizcarra
https://elcomercio.pe/politica/suerte-dictadura-parlamentaria-limite-noticia-503395 Gilbert Violeta está aprendiendo a limpiarse los mocos con las manos en política, es un arribista al que le dicen cómo debe pensar, vean sino su respuesta a la pregunta que se le formula. Pregunta: —Da la sensación de que piden un pronunciamiento para presionarlo, a fin de que se comprometa a renunciar si vacan al presidente. Respuesta: El día que fue elegido vicepresidente, asumió un compromiso con el país y con el presidente para apoyar su gobierno. ¡Gilbert! Como les queda el ojo amigos y amables lectores, ¡Gilbert! Se olvidaron sus padres de la letra “o”, responde a lo que su talante intelectual corresponde. La Vicepresidencia es una figura DECORATIVA cuya ÚNICA FUNCIÓN es ocupar el puesto del Presidente cuando éste por razones propias de su cargo debe…
↧
↧
CA6: 4A doesn’t apply to removal of stuff from an inmate’s cell after a shakedown search
“Cody failed to state a Fourth Amendment claim for relief. He claimed that the defendants violated his Fourth Amendment rights by removing property from his cell during routine searches. But Cody was in prison, and ‘the Fourth Amendment proscription against … Continue reading →
↧
S.D.Ohio: Def was driver for drug dealer selling from car; a trash pull from his house was sufficient to show nexus
More was shown than just that defendant was a drug dealer. He was the driver for a man who regularly did drug deals and he watched them all go down. He was seen leaving a house attributed to him in … Continue reading →
↧
S.D.Ind.: The sole fact of being a drug trafficker doesn’t provide nexus to house; something has to be shown, and it wasn’t and GFE doesn’t apply
Being a drug trafficker is not enough to search defendant’s home. The government had to show nexus, and it never did anywhere in the affidavit for search warrant. The affidavit for the search warrant was, in fact, so lacking in … Continue reading →
↧
W.D.Pa.: Ordering occupants to stay in parked car officer pulled up behind was a seizure, but with RS
The officer pulled up behind defendant’s parked car. “[T]he Court concludes that the officers pulling up behind the parked vehicle constituted a mere encounter that did not ripen into a seizure for Fourth Amendment purposes until Sergeant Spangler ordered Defendant … Continue reading →
↧
↧
Man Suspected of Sexual Misconduct with Two Underage Girls
A Crawfordsville, Indiana man is facing charges after two separate incidents were reported from two teenage girls who have accused him of sexually assaulting them. In early February a 16-year-old girl confided in her father and shared information with him about how she was the alleged victim of a sexual assault that took place over the summertime in 2015. The young woman explained to her dad that she and her sister accompanied the accused and one of his friends on a visit to his home so they could all watch a movie together. She said that while viewing the film she had been sexually assaulted by the man that she identified as Zachary W. Grater, who is now 22-years-old. She explained that she didn’t feel comfortable coming forward about the occurrence sooner because she was afraid that had they become aware, she would have suffered from her school peers treating her badly. Continue reading →
↧
Appeal rights after guilty plea depend on the court level says Fairfax criminal lawyer
Appeal rights after guilty plea depend on the court level says Fairfax criminal lawyer Fairfax criminal lawyer points out the differing scope of appellate rights depending on the court where a guilty plea is entered Appeal rights after a guilty plea depend on which court took the plea. As a Fairfax criminal lawyer, I here address those differing appeal rights depending on whether the guilty plea was entered in a Virginia Circuit Court, a Virginia District Court, or a federal court. Fairfax criminal lawyer on the narrow appeal rights after a Virginia Circuit Court guilty plea As a Fairfax criminal lawyer, I know that pleading guilty in a Virginia state Circuit Court bars most meaningful appellate relief. In Virginia Circuit Court, a “‘voluntary and intelligent plea of guilty by an accused… is a waiver of all defenses [on appeal] other than those jurisdictional'”. Savino v. Virginia, 239 Va. 534, 539 (1990) (quoting Peyton v. King,…
↧
Injury crash US2 in Bonner County Idaho
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209-8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT ONE CASE # C18000572 --------------------- PRESS RELEASE ----------------------------- DATE: 03/11/2018 TIME: 10:24 PM LOCATION: WB US2 milepost 22.4 On March 10th at approximately 10:24 pm the Idaho State Police responded to an injury crash EB US2 at milepost 22.4 outside of Dover in Bonner County. Jeff L. Chapman 38 of Sandpoint was traveling westbound in a 2015 Lexus 250 when he went off the road on the north shoulder. Chapman's vehicle rolled multiple times before coming to rest on its wheels. …
↧
MARILÚ "sonrisitas" MARTENS y LA CORRUPCIÓN
https://elcomercio.pe/opinion/colaboradores/rol-genero-mujeres-hombres-historia-igualidad-marilu-martens-noticia-503546 “Hoy, en la lucha por la justicia en la humanidad, hay una batalla por la igualdad de oportunidades entre mujeres y hombres, y en el Perú se está librando en el campo de la educación. Es un deber con la historia y con el mandato que el pueblo dio a este gobierno. Así, mi más sincero deseo es que el Ministerio de Educación tome la bandera de la justicia en su campo y sea recordado como uno de los grandes próceres de la justicia entre mujeres y hombres, en lugar de pasar a las páginas de los libros de historia como una de las taras que prolongaron la injusticia y el sufrimiento de sus víctimas”. QUE PIENSO DE ESTA ARENGA Sonrisitas Martens en extenso artículo del cual he extraído y comparto el último de sus párrafos, pretende, incorporando el…
↧
↧
André Rieu - Adiós Nonino (Farewell father)
Deseo compartir la opinión sobre esta melodía de un buen amigo Julio Fernando Injoque: CUANDO RECUERDO A MI PADRE, ESTE TEMA ES MI REFUGIO Astor Piazzolla compuso esta obra tras la muerte de su padre Vicente, apodado Nonino. "Papá nos pidió que lo dejáramos solo durante unas horas. Nos metimos en la cocina. Primero hubo un silencio absoluto. Al rato, oímos que tocaba el bandoneón. Era una melodía muy triste, terriblemente triste. Estaba componiendo Adiós Nonino". "Por Dios, creo que esta composición musical pasa por todas las etapas del duelo que describe la psicología, desde la negación, la ira, la profunda tristeza y hasta la resignación a la pérdida hasta decir un adiós forzado. Un genio que se encerró a escribir en su cuarto desnudando su alma hasta plasmarla en un papel. Una transmutación total. Una joya de la música mundial. Algo…
↧
Verschlimmbessern*
It was 12 years ago that Jon Stewart appeared on Crossfire. The idea of Social Justice Warriors wasn’t yet a twinkle in anyone’s eye. It was then a matter of neocons versus everyone else. In an New York Times op-ed, entitled When Smug Liberals Met Conservative Trolls, Katherine Mangu-Ward relates this television appearance as the beginning. The explosion of the smugs-versus-trolls phase of our political discourse is traceable to a 2004 confrontation between Jon Stewart and the political commentator Tucker Carlson in the waning days of “Crossfire,” in which Mr. Stewart dropped his comedian persona and accused Mr. Carlson and his ilk of undermining serious discourse with their partisan feuding and made-for-TV talking points. “Stop hurting America,” was his specific request. Mr. Carlson sputtered and fumed; it was generally agreed that Mr. Stewart won the day. At the time, it didn’t look this way at all. Sure, Stewart beat Carlson to…
↧
Short Take: A Thousand Words
A commenter responded, “It’s a photo, sweetie. It can’t hurt you.” But it wasn’t just a photo, but a photo of Charles Murray. I wish to explain the photograph on page A1 to the readers. I recognize that it may be especially jarring, particularly for students of color who feel that Charles Murray’s rhetoric poses a threat to their very humanity. The mere exposure of students to a pic of Charles Murray demanded an editorial explanation by Ethan Brady at Middlebury College. He doesn’t mention what rhetoric poses a “threat to their very humanity,” but that’s likely because few, apparently including Brady, have bothered to read Murray’s Bell Curve and are instead working with some vague notion that he’s a known facscist and white supremacist. Reading is a lot of work. Believing the outrage on Facebook is much easier. And good enough when it comes to identifying evil people. Even assuming any validity to the myth…
↧
Illinois Secretary of State Proposal Redefines ‘First Offender’
Under the Illinois summary suspension law, a driver who is arrested for DUI and has not had a prior DUI disposition within 5-years is considered a ‘first offender’. This is significant because if the driver is considered a first offender, he or she faces a shorter driver’s license suspension based on whether chemical testing is failed or refused (6 months vs. 12 months). Furthermore, a first offender is automatically eligible for driving privileges during the period of the suspension through use of an MDDP. The Secretary of State’s office is behind a new proposal now pending in the Illinois legislature that will drastically change the definition of a first offender under the Illinois DUI summary suspension law. The new legislation would triple what has been called the 5-year look-back to a period of 15-years. This means that if the prior DUI disposition occurred within 15-years, the driver would be considered a second (or subsequent) offender and…
↧
↧
Mark “Hoss” Cowden: Portrait of Bad Cop
Mark A. Cowden was a bad cop long before he assaulted an arrestee, Ryan Hamrick, on January 27, 2015. He spent twenty-six years with the Hancock County Sheriff’s Department in New Cumberland, West Virginia—fourteen of those years as a sergeant or lieutenant. In a February 16, 2018 decision, the Fourth Circuit Court of Appeals pointed to two prior incidents of police brutality Cowden engaged in before the January 2015 incident: “ … The first prior incident occurred when Cowden and two other officers responded to a report of a domestic disturbance involving Clayton Settle (the Settle incident). On that occasion, without warning or provocation, Cowden used the rim of his hat to hit Settle in the nose, causing Settle’s nose to bleed. Soon after, Hancock County Sheriff Ralph Fletcher entered the home and observed Cowden yelling at Settle, forcing Settle to the ground and wrestling with him ‘rather roughly.’ “At…
↧
Supreme Court to Rule if Immigrants Should Have their Detentions Reviewed by a Judge
The question of whether immigrants can be held for indefinite periods in detention centers again came before the U.S. Supreme Court in October as the justices looked at whether detentions should be reviewed by a judge. The Washington Post noted a divide between liberal and conservative judges on the question in the case of Jennings v Rodriguez. It was the second time the nation’s highest court heard arguments in the case which has been hailed as one of the most important immigration cases to come before the U.S. Supreme Court in recent years. Last term, an evenly divided court lacking one member was deadlocked. The Washington Post noted the liberal justices on the Supreme Court dominated discussions about the indefinite detention of immigrants facing deportation. At issue is whether immigrants slated for deportation have a right to a bail hearing and potential release after six months if they do not pose a flight risk or a danger to the public. The hearing could impact…
↧
Should You Hire a Defense Lawyer During Investigation?
If you face investigation for a crime, especially possession of child pornography, you may wonder if you should get a defense lawyer during that investigation. The answer is a resounding yes. Some people believe hiring a lawyer during an investigation is a bad thing since it might suggest an admission of guilt. In truth, hiring an experienced defense lawyer is just the opposite. It provides you with legal help as soon as you need it and shows police and prosecutors you mean business and will stand up to false accusations or illegally obtained information, which often arise in cases such as child porn. People also wrongly believe that engaging a defense lawyer during an investigation will anger police and make things worse. But the opposite is true, according to veteran Houston criminal defense lawyer Neal Davis. Recently named a 2018 Super Lawyer of Texas (placing him in the top five per cent of all Texas attorneys), Neal Davis knows the score when it comes to police…
↧
More Pages to Explore .....
