Opened doors can be scary.United States v. Kootswatewa, 2018 WL 1439610 (9thCir. Mar. 23, 2018), decision available here.Players:Decision by Judge Watford, joined by Judge Wallace and visiting DJ Sands. Hard fought appeal by D. Az. AFPD Michael Burke.Facts: Kootswatewa was charged with sexual abuse of a child. Id. at 2. The child, K.C., was a developmentally disabled 11 year old girl that lived on the same reservation as the defendant. Id. After the assault, K.C. made statements to a police officer. Id. At trial, the defense questioned K.C.’s reliability, describing her motives to fabricate the story and exploring coaching by K.C.’s mother. Id. at *4. In the government’s rebuttal case, the court allowed testimony from the officer about statements K.C. had made to him shortly after the abuse. Id. at *4. Kootswatewa was convicted and sentenced to forty years. Id. at *2. Issue(s): “We turn . . . to Kootswatewa’s objection to the…
Case o' The Week: Gov't Adores our Opened Doors - Kootswatewa and Hearsay on Rebuttal
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Right To Counsel Inapplicable to Preindictment Plea Negotiations En Banc Sixth Circuit Holds
John Turner went on a robbery spree in Memphis. He was apprehended and indicted by a Tennessee grand jury on multiple counts of aggravated robbery. He retained a lawyer, who engaged in plea negotiations with state prosecutors. The federal government got involved, and an AUSA informed Turner’s lawyer that his office intended to indict Turner and charge him with robbery and firearms charges carrying for the firearms charges alone a mandatory minimum sentence of 82 years. However, the AUSA made a plea offer with a 15 year federal sentence that would resolve all charges, state and federal, the offer to expire upon Turner’s indictment by a federal grand jury. Before the en banc Sixth Circuit in Turner v. United States were the following questions: (1) Did Turner have a Sixth Amendment right to counsel to advise him in these preindictment plea negotiations with the United States?; and, (2) Did it make a difference that Turner already faced a state indictment and charges…
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Is Freedom More Important Than Safety?
The question today is asked, “Is freedom more important than safety?” The answer shows how far the United States has fallen since its founding. I have often lamented the fact that—from what I have been told, and from what I can see in the results—we no longer teach what in my school days was called “civics,” and “American history.” Even when it was taught, there were people who never paid attention. But at least they were exposed to the ideas that underpin our society. Back then, we learned about the United States Constitution and, more importantly, why it mattered. History was something that was important to us. We knew that freedom mattered. We knew that we fought a War for Independence because “all men are created equal,” and with “unalienable rights” which included “Life, Liberty, and the pursuit of Happiness.” We understood that there were limitations on government. Yeah, there were a lot…
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60 Minutes and Stormy Daniels
Stormy Daniels is interviewed by CBS "60 Minutes" tonight. Daniels talks to Anderson Cooper about the relationship she says she had with Mr. Trump in 2006 and 2007, revealing details that bring her story up to the present. Trump has denied the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Di Genova (and Toensing) Not Joining Trump's Legal Team
Joe DiGenova and his partner/wife Victoria Toensing won't be representing Donald Trump regarding Russia after all. They are conflicted out. The president is disappointed that conflicts prevent Joe diGenova and Victoria Toensing from joining... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Top-Ten Recent SSRN Downloads in Criminal Law 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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Here’s How I Started My Appellate Practice
I frequently receive calls from law students or lawyers looking to become appellate lawyers. And I find myself having lunch with people and discussing how I started out. What I am writing here is what I typically say on those calls or at those lunches. I have a background that suited me for appellate practice. Though, at the time, I had no idea that I was preparing myself for appellate practice. I came to college wanting to be a lawyer. Only, as I excelled in college classes, I wanted to become a professor instead. I chose as my major the typical cookie cutter pre-law route of political science. But political science ultimately became a minor. And I double-majored in English and Religion. So, I changed my mind about law school and decided to attend a seminary (my aim was to go from the M.Div. to a Ph.D. program and ultimately become a religion professor). And as seminary neared its completion, I decided to go to law school, which is what I wanted to do when I started college in…
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Viral Video of 1-Year-Old Allegedly Smoking Pot Leads to Mom’s Arrest
A video that made the rounds on Facebook depicting a toddler smoking what is assumed to be marijuana has resulted in her mother facing felony charges. In a video reportedly recorded sometime between December 1 and January 31, a 1-year-old little girl is seen giggling and then what looks as if she has a small brown cigar held to her lips by an adult-sized hand. Smoke is then shown surrounding the baby’s head. The video was then uploaded to the popular social network Facebook. The recording gained millions of views after it began circulating online, and police reported that many people notified them reporting what they had seen which prompted them to begin an investigation. Continue reading →
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Conflicts of Interesat: diGenova and Toensing Out of the Picture
Not long after being announced as additions to President Trump's legal team, Joe diGenova and Vicki Toensing have bowed out due to potential conflicts of interest, apparently connected to their representation of other clients in the Mueller probe. Politico's Darren...
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Are All Crimes in Texas Subject to a Statute of Limitations?
A statute of limitations sets a limit for prosecuting certain crimes. Criminal charges must be filed within the specified time period or they cannot be filed at all. Not all crimes in Texas are subject to a statute of limitations. There is a good reason why these laws are in place. Evidence deteriorates with time, witnesses die and memories become clouded. In criminal law, the statute of limitations establishes how soon after an incident a prosecutor must file formal charges. The incident in question may be an arrest. In Texas as in other states, there is no statute of limitations for serious crimes like murders and certain sexual assaults. In the Lone Star State, a defendant may be charged with a cold case murder decades after it was committed. Crimes When No Statute of Limitations is in Place in Texas The statute of limitations is not in place when the following crimes are committed: Murder and manslaughter; Offenses committed against young children; Sexual assault or…
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Justice for Miss America: Q&A with Donna Waters and Exoneree Kristine Bunch
In 1996, Kristine Bunch was wrongfully convicted of starting a fire that killed her three-year-old son, Anthony, in a trailer home they shared in Decatur County, Indiana. At the time of her conviction, Bunch was 22 and pregnant with her second child. While she was in prison, she met Donna Waters, who was sent to prison when she was just 14 years old. The two developed a deep friendship that flourished and continued, even after Waters was released. In 2012, eight days before Christmas, Bunch was exonerated and, last July, in honor of her life and their friendship, Waters published the book, Speak the Truth: Justice for Miss America: The True Story of Kristine Bunch vs. State of Indiana, about Bunch. In honor of Women’s History Month, the Innocence Blog interviewed Waters and Bunch about their unbreakable bond and how it helped both of them survive life inside prison and its evolution since they were freed. Innocence Blog (IB): What inspired you to write about…
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Benchmark created for 'progressive prosecutors,' and other stories
Grits doesn't have to blog on these topics at the moment but y'all should probably be aware of them:Philly prosecutor pioneering decarceration measuresGrits has argued before that electing "progressive" prosecutors wouldn't necessarily stop mass incarceration unless they used their discretion in ways that none of our Texas folks have done yet. Larry Krasner in Philadelphia is the first DA in the nation to actually try to use his discretion in that way. Here's the memo he sent to his prosecutors changing practices. Read it all the way through, there's cool stuff all the way through to the end. See coverage from Slate. This will provide a blueprint for what can be expected of future, self-styled "progressive prosecutors" who win District Attorney races. By contrast, for example, in the Dallas primary one couldn't slide a piece of paper between the positions of the two DA candidates in the Democratic primary, both of whom wanted to…
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Bicycle Laws in New Jersey
Everyone at one time or another has ridden a bicycle. Those who have ridden their bikes near or on a roadway have probably been subjected to honking horns and angry drivers yelling at them to get out of their way. But, did you know that you have rights as a bike rider when it comes to hitting the streets? Before we dive into some of New Jersey’s laws regarding bicycles, here are some things you should know. Bicycling has increased in popularity in recent years, especially when it comes to commuting to work. According to the U.S. Census, the number of Americans who ride their bike to work has increased by 60% since 2000. Bicycling is also considered one of the healthiest exercises you can do for your health. It’s a healthy and cost-effective way of traveling compared to breaking your wallet at the gas pump. Bicycle Safety Laws Under Garden State law, bicyclists who take to the streets have all the rights and duties applicable to that of a driver. This includes using…
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deGuzman on Schabas's Criminal Law Philosophy
Margaret M. deGuzman (Temple University - James E. Beasley School of Law) has posted Criminal Law Philosophy in William Schabas’s Scholarship (ARCS OF GLOBAL JUSTICE: ESSAYS IN HONOR OF WILLIAM A. SCHABAS (Margaret M. deGuzman & Diane Marie Amann eds.,...
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//blawgsearch75.rssing.com/chan-6519914/article30935-live.html
US v. Kootswatewa, No. 16-10228 (3-23-18)(Warford w/Wallace & Sands)(Note: this is an AZ FPD case). The 9th affirms convictions for the agg sexual abuse of a developmentally delayed child and a felony offense against a child while a registered sex offender.In affirming, the 9th rejects two evidentiary issues and one misconduct allegation. At trial, the defense argued misidentification and contended that hearsay statements allowed were error. The 9th held that the admission of statements to a nurse practitioner were allowed under the medical diagnosis exception. Adequate foundation was laid. The 9th recognizes that some courts do not allow the identification of the perpetrator under this exception. However, the 9th does.The victim’s prior statements to the officer, made soon after the attack, were admissible to rebut the defense attack that the statement had been coached by the mother. Although there were differences between the testimony and the statement, the prior…
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Crash Southbound I15 in Blackfoot Blocking Left Lane
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: 03/26/2018 04:10 PM Please direct questions to the District Office Idaho State Police is investigating a crash on southbound I15 near milepost 90, in Blackfoot. The left lane is blocked. More information will be released as it becomes available. 4062/3413 -------------
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The Public Has the Right to Know: JP v. British Columbia
In the tradition of open courts and transparency, the BC Court of Appeal has ordered that affidavits, written submissions, and other material filed in the Court be released to the media, in this case CKNW and the Vancouver Sun, a decision I applaud. The case of JP v. British Columbia has occupied many pages of local newspapers and a multitude of radio and TV reports. It is, of course, the case concerning the groundbreaking decision last summer after a 147 day trial, when Mr. Justice Paul Walker of the British Columbia Supreme Court found that B.C.’s child protection authorities had negligently permitted a father to sexually abuse his children while the youngsters were in the custody of the Ministry. The Court found that the government’s failure to protect the children was “egregious, negligent, and a breach of duty” and government social workers showed a “reckless disregard to their obligation to protect children.” The evidence before Mr.…
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**Update** Crash Southbound I15 in Blackfoot Blocking Left Lane
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: 03/26/2018 4:50 PM Please direct questions to the District Office *******Update******** All lanes are back open. 4062 ******End of Update***** Idaho State Police is investigating a crash on southbound I15 near milepost 90, in Blackfoot. The left lane is blocked. More information will be released as it becomes available. 4062/3413 -------------
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Garrett on International Corporate Prosecutions
Brandon L. Garrett (University of Virginia - School of Law) has posted International Corporate Prosecutions (Chapter in Comparative Criminal Procedure, Darryl Brown, Jenia Turner, and Bettina Weisse, eds., Oxford U. Press (2018 Forthcoming)) on SSRN. Here is the abstract: One...
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Your Day in Court: Dispositional Conference
In our previous post, we discussed what to expect at your arraignment or initial appearance. This post deals with one of the most important proceedings in the Maine criminal system - the Dispositional Conference. The Dispositional Conference is usually at least a month out from your arraignment...
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