The conclusion was clear as could be: “Diversity of thought” is white supremacy. What isn’t, by the reasoning of MIchael Harriot, “World-renowned wypipologist. Getter and doer of “it.” Never reneged, never will. Last real negus alive.” His reasoning is that the phrase was used to defend some academic he described as pro-confederate. Whether the prof was racist isn’t the point. Someone used “diversity of thought” to justify the person Harriot says is a white supremacist, so the phrase itself is now white supremacy. This is why we can’t have nice things, like equality, because people incapable of basic logic write stupidity like this, and people who are even less capable of basic logic regurgitate their idiocy. Yes, thinking is hard, but these are people who wouldn’t be capable or willing to think regardless. They are the useful idiots of progressivism. So in the spirit of a dolt like Harriot, I too…
The Root of the Problem
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D.Kan.: Description of thing to be seized as a firearm wasn’t fatal where weapon of mass destruction was being sought
A Facebook warrant wasn’t overbroad because it involved a conspiracy and it was thus more difficult to describe what exactly was sought. As to a dwelling warrant, an error in the description of the thing to be seized as a … Continue reading →
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CA9: MMJ card didn’t undermine PC for possession
The arrest was based on probable cause to believe marijuana would be found. The existence of a medical marijuana card is only a defense to the holder, and it doesn’t undermine probable cause. Assenberg v. Whitman County, 2018 U.S. App. … Continue reading →
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The People’s Interest Or What?
Via Doug Berman’s Sentencing Law and Policy, Southern District of West Virginia Judge Joseph Goodwin took a very strong, very controversial stand against plea bargains in United States v. Stevenson. On June 26, 2017, I rejected the proffered plea agreement in United States v. Charles York Walker, Jr. after determining that it was not in the public interest. On October 10, 2017, I rejected the proffered plea agreement in United States v. Antoine Dericus Wilmore after determining that it also was not in the public interest. In both opinions, I stated that it is the court’s function to prevent the transfer of criminal adjudications from the public arena to the prosecutor’s office for the purpose of expediency at the price of confidence in and effectiveness of the criminal justice system. I have further reflected upon the near-total substitution of plea bargaining for the system of justice created by our nation’s…
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FL2: Def stopped in the driveway where package of MJ was to delivered was without RS
“A mysterious parcel package was intercepted while en route to be delivered. It contained approximately ten pounds of marijuana. Someone sent the package. Someone was presumably going to pick it up. The principal question this appeal presents is whether investigating … Continue reading →
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W.D.N.C.: Roadblock near scene of home invasion robbery was reasonable
Police set up a perimeter a distance around the scene of a home invasion looking for the car involved, and defendant’s car was stopped. This checkpoint stop was valid under Illinois v. Lidster. United States v. Gilmore, 2018 U.S. Dist. … Continue reading →
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UT: While the CI’s stories alone were weak, police corroborated them
The two CI’s stories were weak in themselves, but the police succeeded in corroborating enough to rise to probable cause. State v. Matheson, 2018 Utah App. LEXIS 66 (Apr. 13, 2018).* Hitting the lane dividing line was justification for the … Continue reading →
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VIIi CUMBRE DE LAS AMÉRICAS - LIMA 2018 Corrupción en el Perú.
José Guillermo Anderson https://elcomercio.pe/opinion/columnistas/libres-independencia-dominga-alfredo-bullard-noticia-512004 · Este sí es buen artículo, responderlo un interesante reto. Dejaré para más tarde mi comentario. Permítanme breves líneas sobre la inauguración de la VIII "Cumbre de las Américas". No se requiere de un brillante y elocuente orador que, cuando habla pareciera que las piedras bailan para exponer ideas claras, macizas y necesarias. Este es el caso de nuestro Presidente Constitucional en pocos minutos desnudó el flagelo mayor del Siglo XXI, pidió, invitó a encontrar soluciones, "los pobres en homenaje a la libertad no pueden seguir siendo esclavos" (es mi conclusión). Sé que faltan algunos días para la presentación del Premier en el Hemiciclo dándonos a conocer el…
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Goldstein Mehta LLC Defense Attorneys Obtain Successful Outcomes in Robbery, PWID, Gun, and Assault Cases
Criminal defense attorneys Demetra Mehta and Zak Goldstein continue to obtain successful results in and out of the courtroom. In the last few months, our defense attorneys have won cases involving drug charges, gun charges, assault allegations, and juvenile robbery charges. If you are facing criminal charges, call 267-225-2545 for a complimentary criminal defense strategy session with one of our award-winning defense attorneys. Some examples of our recent not guilty verdicts and successful motions to suppress include: Commonwealth v. T.C. - Motion to Suppress Granted in Drug Delivery Case Criminal Lawyer Demetra Mehta Attorney Mehta focuses on getting the best results for her clients. In the case of Commonwealth v. T.C., she successfully moved for the suppression of 13 grams of crack cocaine. Attorney Mehta also beat the accompanying DUI charge. In…
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Money laundering and prostitution charges against Backpage may be weak
Earlier this month, the Department of Justice seized and shutdown Backpage.com, the online equivalent of a newspaper’s classified ads section. But while many considered the website to be a useful tool for advertising their used goods and services online, the DOJ is now accusing Backpage’s executives of money laundering and using the website to facilitate… The post Money laundering and prostitution charges against Backpage may be weak appeared first on Pate & Johnson Law Firm.
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Competency and Federal Criminal Appeals
A three-judge appeal court recently upheld the dismissal of charges that a man faced after threatening an FBI agent who declared the man mentally incompetent to stand trial. The man was later released from federal custody after spending 22 months in prison. The appeal was an effort to have the incompetency ruling overturned to force prosecutors to take the man to trial. The man planned to call 50 to 75 witnesses at the trial to establish that the FBI had turned against him. The man argued that there was insufficient evidence to establish that he was mentally incompetent. During the criminal case, the man had fired several lawyers, attempted to represent himself, and sent numerous letters to various public officials. The man’s court-appointed attorney declined to comment about the ruling. The Sixth Amendment to the Constitution of the United States guarantees every person the right to a fair trial. One of the elements of a fair trial is that a person is able to adequately…
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Populist backlash snuffs Pflugerville Tuff-on-Crime resolution
A majority of the Pflugerville City Council were listed as co-sponsors of a resolution this week declaring that violent crime was on the rise and calling for prosecutors and the courts to seek maximum penalties in all cases for both violent offenders and drug possession. In the 1990s, one saw these regularly from all levels of government, with officials who had no formal role in the justice system trying to jump on the Tuff-on-Crime bandwagon.This time, though, the grandstanding maneuver back-fired.Measure-Austin, a local police accountability group, put out the word among Pflugerville residents that their city council was about to do something regressive and foolish. And Just Liberty created a local email action alert that generated 74 constituent letters to the mayor. Community members showed up to oppose it and won a 5-0 vote against the resolution, which started with 3 of 5 council members as sponsors!According to video posted on Twitter, one of the sponsoring council…
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Next week's criminal law/procedure argument
Issue summaries are from ScotusBlog, which also links to papers: Wednesday Lagos v. U.S.: Whether 18 U.S.C. § 3663A(b)(4) covers costs for reimbursement under the Mandatory Victims Restitution Act that were “neither required nor requested” by the government, including costs...
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A PROPÓSITO DE LA PARTICIPACIÓN CIUDADANA EN LA LUCHO CONTRA LA CORRUPCIÓN
Acabo de escribir este artículo en la sección Noticias de facebook, y dice así: CUANDO NO SE TIENEN MUCHOS AMIGOS VIRTUALES, la mayoría desconocidos que probablemente nunca conoceremos, se tiene la oportunidad de descubrir cuanta hipocresía se alberga en las redes y peor aun, el propio diseño del sistema como NO puede evitar que elijamos el número de amigos virtuales, se encarga de sepultar los comentarios como una suerte de presión para tener más amigos y se pueda también obtener mayor información para los fines que los dueños de estas (redes sociales) les den el uso que mejor convenga a sus intereses y del usuario multiplicado por su número de amigos. De todo lo anterior me ha quedado claro que una cosa es escribir y otra absolutamente distinta es lo que se hace y en realidad lo que se piensa. Aquí muchos agitan sus manos firmes o temblorosas contra el sistema,…
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NOW HE BELONGS TO THE AGES
The President left the White House in the early evening. He and his party went down H Street NW for about 7 tenths of a mile. The presidential party made a right on 10 Street NW and went down three blocks before stopping in front of Ford's Theater. The show that evening was the hit "Our American Cousins". April 14, 1865. Abraham Lincoln had about 24 hours to live. Five days earlier General Lee surrendered the Confederate Army of Virginia to General Grant.The Presidential party arrived late for the show, but the President was reported to be in a great mood. Lincoln and his wife were accompanied by Henry Rathbone, a young officer in the army, and Rathbone's fiancée- Clara Harris who was the daughter of New York Senator Ira Harris (the only Ira to serve in the US Senate we think). Sometime between 10:15 and 10:25, John Wilkes Booth, a famous actor who had failed in his attempt to kidnap the President on March 20. 1865,…
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. What Caused the 2016 Chicago Homicide Spike? An Empirical Examination of the 'ACLU Effect' and the Role of Stop and Frisks in Preventing Gun Violence Paul G. Cassell and Richard...
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Interesting intricate ruling from Wyoming Supreme Court about limits on extreme aggregate sentences for juve murderers
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Case o' The Week: Faster than a speeding jet - Shimabukuro and Custodial Terms for Supervised Release
Defense counsel flew for six hours, from SFO to Honolulu, after oral argument in San Francisco The Ninth was considerably faster: it took only four hours to deliver the per curiam victory. United States v. Shimabukuro, 2018 WL 1755526 (9thCir. Apr. 12, 2018), decision available here.Players: Per curiam defense win by Chief Judge Thomas, Judge Friedland, and DJ Olguin (delivered four hours after oral argument! See argument link here). New speed-to-victory record set by First Ass’t Fed. Public Defender Alexander Silvert, argued by Fed. Defender Peter Wolff, District of Hawai’i.Facts: Shimabukuro’s supervised release was revoked three times over eight years. Id. The second time he was sentenced to time served, and 41 months of supervised release, “with 150 days of intermittent confinement at the Federal Detention Center in Honolulu.” Id. When he violated the third time, he was sentenced to seventeen months…
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How Marijuana Can Impair Your Driving and Your Judgment
Recreational marijuana became legal in the state of California on January 1, 2018—but “recreational use” does not include smoking it in the car. As the Mercury News points out, a new state law makes it officially illegal for drivers and passengers alike to smoke weed in vehicles—just one attempt to curb what officials fear will be an upsurge in drug-related DUI in the wake of legalized pot. Frontal lobe – Human brain in x-ray view Some users might be tempted to view marijuana as a “grey area” drug when it comes to driving. After all, THC, the substance in weed that makes you high, is difficult to measure in the body, and in fact it can remain detectible in your blood stream for days after you use it, making it even more difficult to measure. However, make no mistake: Multiple studies have shown that marijuana use has a significant impact on people’s ability to drive safely, and that pot in your system increases your risk of…
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Assessing Harris County bail litigation as it nears denouement
In last month's Reasonably Suspicious podcast, I interviewed Susanne Pringle, executive director of the Texas Fair Defense Project, about the denouement of the Harris County bail litigation, in which her organization was one of the plaintiffs. Since we spoke, Galveston County was sued by the ACLU over essentially similar grounds, and Dallas County already faced litigation over its bail system, so the Harris County domino falling may soon take down quite a few other county's pretrial detention regimens.When Judge Lee Rosenthal issues her revised injunction in light of the 5th Circuit's ruling, in many ways it will be like firing off a starting gun. That document will set the parameters for bail systems throughout Texas, establishing a minimum floor for constitutionality. Any county continuing with a bail schedule or violating other shall-not-may portions of the injunction will find itself low-hanging fruit for a similar suit. So expect a lot of local-level…
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