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Prosecutors shouldn’t be granted total immunity for unlawful conduct

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Today, the New York Law Journal published an oped by Jay Schweikert, a policy analyst with the Cato Institute, in which he urges the U.S. Court of Appeal for the Second Circuit to reverse a District Court decision granting prosecutors total immunity for unlawful conduct. The decision came in the case of Kareem Bellamy who served 14 years in prison for a murder he didn’t commit. According to Schweikert: Under the landmark Supreme Court case Brady v. Maryland, prosecutors must give the defense any material evidence favorable to the accused. But the Queens County D.A.’s Office found a way to skirt this obligation. For years, the office paid witnesses massive amounts of money to testify against defendants like Bellamy. This is classic “Brady material,” because defendants would obviously want to know (and be able to argue to a jury) that the witnesses against them were, in effect, being bribed by the government. But the D.A.’s Office employed a…

Amazon Key-When You’re Out-They’re In, So What’s Next?

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Last year Amazon started Amazon Key which allows members to receive deliveries at home when they are not there. It requires a fee for a keyless lock setup and a camera so when the delivery is made, you can either watch as it happens, or it is recorded. Amazon provides notice by the phone when the window of time when delivery can be expected. The latest development allows for Amazon to deliver packages to the trunk of your automobile. Right now, this service is only available with certain models of GM and Volvo automobiles and only in certain locations. The Amazon delivery person only opens the door to your house enough to push the package in through the door. They are not supposed to leave until the door is locked again. In the car service, Amazon will be able to track the location of your car through GPS, you also need to have the OnStar service subscription. Because the services are so new, the law is relatively unclear, but it is not too soon to be concerned how they can…

Family DNA & Statutes of Limitations

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One controversial use of DNA databases created by law enforcement involves searching the database for people's whose DNA is close to that of an unknown sample, indicating that they might be close relatives of a perpetrator who is not in the database.The notorious East Area Rapist case in California was cracked by a new twist on that strategy.  Rather than law enforcement databases, the leads came from family members who voluntarily sent their DNA in to commercial testing organizations for genealogical purposes.  These matches were only leads to identify a possible suspect.  The suspect was actually nailed through DNA-bearing material he discarded.  Sam Stanton has this story for the Sacramento Bee.So far the suspect has only been charged with murders, not rapes.  There is a statute of limitations problem.  See this story by Ryan Lillis in the SacBee. Blowing the dust off my 1983 California Penal Code Annotated, there was then no…

Bill Cosby: Sexual Predator or Victim of the #MeToo Movement?

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With a verdict of guilty in the Bill Cosby case, legal pundits across the country are faced with a decision of whether the outcome was one that was just or one that was the product of outrage on social media? The Cosby decision leads many to wonder if the famed comedian and actor was a victim of his own fame or someone that truly deserved the punishment that will be dealt out at sentencing. In any event, the Cosby decision is one that is filled with controversy and will have a profound affect the legal community. How the judicial system and social media will continue to co-exist is a matter of pure speculation but one that needs to be addressed and this article will attempt to do so. Photo Credit: REUTERS/Brendan McDermid There is no question that the “#MeToo” Movement has left a resounding mark on those in the criminal defense sector and the state of Michigan has come to the forefront with accusations of criminal assault on the rise. To review the Cosby case and to…

NFL DRAFT 2018

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It's that time again.....The NFL draft, v. 2018. Here is who  the top five teams SHOULD draft...1. Cleveland Browns: Saquon Barkley. RB.  Best player in the draft. And you have a pick three picks later to get your QB. 2. NY Giants. Bradley Chubb. DE. Best player available. Will start and dominate right away. 3.  NY Jets. Jets find themselves in unique position of having their pick of the top four QB's. Baker Mayfield is the best fit. Jets will be very tempted to draft a talented QB whose personality fits right in with NYC. "Broadway Baker" you could call him. BUT the best QB in this draft is 6'5, 237 pounds, with a gun for an arm. Think Carson Wentz, but bigger and better. You can coach accuracy and foot work. You cannot coach arm strength. With the 3rd pick in the 2018 NFL draft the NY Jets select Josh Allen, Quarterback, Wyoming. 4. Cleveland Browns. Now the Brownies can select their QB. Even if the Giants take a QB…

Add 43.262 to The List

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This is a truly bizarre law. It presumes that there is “an interest in sex” that is not prurient. We are not sure what kind of interest that is. We are also left guessing at who gets to determine whether an image has sex appeal. … What the “prurient interest in sex” means is anyone’s guess. It would also be interesting to learn who the legislature believes should determine whether an image’s artistic value is “serious.” Some dude on the internet. Said dude is talking about the new Texas Possession or Promotion of Lewd Visual Material Depicting Child statute, section 43.262 of the Texas Penal Code: (a) In this section: (1) “Promote” and “sexual conduct” have the meanings assigned by Section 43.25. (2) “Visual material” has the meaning assigned by Section 43.26. (b) A person commits an offense if the person knowingly possesses, accesses with intent to view, or promotes visual…

Signs of Age Discrimination in the Workplace

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Older workers offer years of accumulated knowledge, training, and experience on job sites, thus making them valuable employees. Unfortunately, in the fast-paced employment market surrounding the San Jose area, these qualities may be overlooked or under appreciated. Age discrimination continues to be a problem, robbing employees of opportunities, salaries, and benefits they would otherwise be entitled to. Hiring, firing, and making any other employment decisions based on age is against the law in California and in other states. Consider the following four signs that might prove problematic in your workplace.  How to Determine if Age Discrimination is a Factor at Your Job In addition to federal laws prohibiting certain discriminatory actions in the workplace, the California Fair Employment and Housing Act (FEHA) protects workers against discrimination based on their age or due to being a member of any other protected class. Employers who engage…

Bill Cosby, Larry Nassar and Brian Alexander: Lady Justice is Often Blind

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Larry Nassar Today was a big day in the world of criminal law. A hero to many was convicted of a crime that the media focused on and the story is trending across Facebook and Twitter of Bill Cosby being deemed guilty of sexually assaulting Andrea Constand. While many in the #MeToo movement are celebrating a victory, we have to take a step back and analyze just where the future of Criminal Sexual Conduct (CSC) is heading and we have to ask if those accused are facing conviction before the complaint has even been drawn up? We will discuss 3 different situations and break down the concept with commentary and a study of the situation. I: Bill Cosby Continue reading

Two Wins to Sandwich that Loss

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I wrote yesterday about a loss, so I hope you’ll indulge me in talking about two recent wins, one before the loss and one after. A couple of weeks ago I described my bizarre oral-argument experience in Tyler, where the prosecutor (bless his heart) melted down in front of the court. I wrote: When you’re arguing with the court about how big you’re going to win, it’s a pretty good day. Here is the argument, for you appeal junkies. It’s not my best work—I get off to a rough start—but the prosecutor’s meltdown, and his subsequent concession that the statute is overbroad, are well worth it. Revenge-Porn Argument in Waco And indeed, it turned out to be a very good day. I didn’t win as big as I hoped, but I won big: the Tyler Court of Appeals held unconstitutional Texas’s revenge-porn statute, which I had been calling unconstitutional since before it was passed. Some interesting features of the opinion: First, the bad: The…

News release: Idaho State Police traffic stop yields more than 200 lbs. of marijuana in Canyon County

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Idaho State Police News Release For Immediate Release, April 26, 2018 Idaho State Police traffic stop yields more than 200 lbs. of marijuana in Canyon County Contact: ISP PIO Tim Marsano, 208.884.7122 During a routine traffic stop for a driving infraction at approximately 12:00 p.m. on Apr. 25, Idaho State Police seized 226 pounds of marijuana that was being trafficked through our state. Troopers arrested Dakota D. Thorstenson, 23, of Duluth, Minnesota as he drove eastbound on I-84 near exit 30. Thorstenson was driving a black 1997 GMC Savana SUV. Caldwell Police Department Street Crimes unit assisted in the investigation and Thorstenson was arrested and booked into the Canyon County Jail on drug trafficking charges. Marijuana trafficking through Idaho continues to be a major focus of concern for the Idaho State Police. In 2017, Troopers seized more than 1,400 pounds of marijuana, which is more than the total seized in the previous 3 years combined. ###

PA Supreme Court: Defendants Sentenced to Fines or No Further Penalty May Claim Ineffective Assistance of Counsel in Post-Sentence Motions

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Criminal Defense Lawyer Zak T. Goldstein, Esq. The Pennsylvania Supreme Court has just decided the case of Commonwealth v. Delgros. In Delgros, the Court created a new equitable exception which permits a defendant who is convicted of a crime and sentenced only to a fine or to no further penalty to claim ineffective assistance of counsel in a post-sentence motion. Under prior case law interpreting Pennsylvania’s Post-Conviction Relief Act, a defendant who was not incarcerated or serving a sentence of probation or parole could not file a PCRA Petition and claim ineffective assistance of counsel in seeking a new trial or sentencing because the PCRA requires that a defendant be serving a sentence. Commonwealth v. DelgrosDelgros involved the theft of construction materials. The defendant hired the complainant to install a double-wide mobile home on his property. The complainant purchased materials for the project…

Dad Driving with Sons Accused of DUI After Collision with Train

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A father who was driving with his two teenage sons just after midnight on Wednesday was allegedly responsible for an accident when he made impact with a train in Santa Monica, and he is facing felony charges for the event. 54-year-old Anthony Manual Beltran Sr. of Waterford, Connecticut, was driving in Santa Monica with his two 16-year-old sons on April 18 at roughly 12:20 a.m. Beltran reportedly failed to stop for a red light at an intersection causing his Kia sedan to smash into a moving Metro Expo Line train. When Santa Monica Police Department officers arrived at the scene they discovered the car with its airbags deployed and all of the passengers were in need of medical assistance. Officers suspected that Beltran had been drinking and they alleged that may have been the cause of the accident. Continue reading →

“Mr. Big” Police Sting Convicts Ontario Wife Murderer

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I recognize that the RCMP’s classic “Mr. Big” sting to cajole murder suspects to confess to horrendous crimes has been criticized by many civil libertarians as an abuse of process. Yes, there are cases where the scenario and inducements to confess are suspect, particularly where the police masquerade as members of a murderous criminal gang. However, there are many cases where the tactics, frequently approved by our criminal courts, have been sanctioned as a legitimate tool for law enforcement, particularly after the Supreme Court of Canada issued their analysis in R. v. Hart. (2014 SCC 52) In the Hart case our highest court found that confessions given during such operations are often unreliable and introduced a stringent new test for their admissibility as evidence in criminal cases. As such, the decision seeks to curtail the abuse of police power in coercing unreliable confessions. In a recent Ontario case, R. v. Kelly, 2017 ONCA 621, Michael Earl Kelly…

NJ Man Faces Florida DUI – What Happens When He Comes Home?

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Penalties In New Jersey When You Receive A DUI Out Of State During Vacation Vacations are great, but for one East Orange man, a family adventure to Florida took a wrong turn when he was pulled over for driving without his headlights overnight in mid-October. Marion County Deputy Gary Miller pulled Joseph T. Dent over and noticed a strong odor of alcohol in the vehicle, which also contained Dent’s wife and 10-month-old child. Dent said he hadn’t been drinking, but had taken a Xanax earlier in the evening. Miller asked Dent to perform a series of field sobriety tests, during which Dent took an incorrect number of steps, failed to touch his finger to his nose, and recited the alphabet incorrectly. He was taken to the Marion County Jail, while his family was taken to a local motel. Assuming he’s convicted, what happens to Dent, and other New Jersey drivers dealing with out-of-state drunk driving charges? Well, in most cases, penalties like a license suspension…

Two vehicle injury crash southbound on I15 @115, near Idaho Falls blocking both lanes

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 04/27/2018 2:52 p.m. Please direct questions to the District Office The Idaho State Police is currently investigating a two vehicle injury crash southbound I15 at milepost 115, near Idaho Falls. Both lanes of travel are blocked for the crash. Use alternate routes of travel 3490 -------------

Reason.com: The Golden State Killer and Your Genetic Privacy

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Reason.com: The Golden State Killer and Your Genetic Privacy by Ronald Bailey Any right of privacy in commercial DNA testers? Police believe that they have nabbed the notorious “Golden State Killer,” a man who committed a series of rapes and … Continue reading →

Is Bill Cosby’s Sex Assault Conviction a Result of #MeToo?

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The April 26 conviction of once-beloved comedian Bill Cosby on three counts of aggravated indecent assault shows the strength of the #MeToo movement, with women accusing men of sexual assault — often years after the alleged incident occurred. What is aggravated indecent assault? According to Pennsylvania law, aggravated indecent assault is a felony crime that is committed when “a person engages in penetration, however slight, of the genitals or anus of a victim with a part of the person’s body for any purpose other than good faith medical, hygienic or law enforcement procedures” without their consent. Factors that elevate an indecent assault charge to be “aggravated,” include circumstances when: The offender used force or threat of force; The alleged victim was unconscious or unaware of what was happening; Drugs or alcohol were used to make the alleged victim unaware; The victim might have a mental disability that makes them unable to…

Reminder About New Jersey Motorcycle Safety

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When it comes to the road, you’ve got that covered too because the highway you are riding on is one that you take daily and are quite familiar with. But out of the blue, a driver cuts in front you and you get thrown off your motorcycle. Sadly, the bike did not make it. It suffered severe damage as it rolled along the highway until it smacked a guardrail. As for you, you’ll live. But, you didn’t leave unscathed though. Your injuries will put you in the hospital for months with possibly years of rehabilitation ahead. Safety Tips You Need to Know Unfortunately, accidents like this happen all too often. Each year around this time, New Jersey motorcyclists are getting ready to hit the streets if they haven’t already. Accidents like the one mentioned above are just one of the many reasons motorcyclists need to be reminded of some common safety tips. Luckily, the Law Offices of Anthony Carbone is here to remind you of a few tips to keep in mind: Before taking…

Week of April 23 - 27, 2018

** UPDATE ** Two Vehicle Crash Southbound on I-15 near the Broadway Exit

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 04/27/2018 3:35 p.m. Please direct questions to the District Office ** UPDATE ** The left lane is open. The right lane is partially blocked. 3641 ** END UPDATE ** The Idaho State Police is currently investigating a two-vehicle injury crash southbound I15 at milepost 115, near Idaho Falls. Both lanes of travel are blocked for the crash. 3490 -------------
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