We had another busy month. Below we feature reckless driving and other notable case results from traffic court from April of 2018. Wins featured below include speeds at over 90 mph and include cities such as Virginia Beach, Chesapeake, Norfolk, Newport News, Hampton, and Suffolk. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. March 29, 2018, Virginia Beach Circuit Court, Charge: Reckless Driving by Speed at 92/55. Disposition: Reduced to speeding at 19 over the limit. March 30, 2018, Chesapeake General District Court, Charge: Speeding at 57/35. Disposition: Dismissed! April 5, 2018, Virginia Beach General District Court, Charge: Reckless Driving by Speed at 98/55. Disposition: Dismissed! April 6, 2018, Newport News General District Court, Charge: Reckless Driving for…
April 2018 Notable Traffic Wins
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Napping Burglar Arrested for Possession of a Dangerous Weapon by a Restricted Person
A Utah burglar caught napping on the job was arrested for multiple charges including possession of a dangerous weapon by a restricted person. Napping burglar 37 year old Thomas Luke Shupe was arrested after a woman found Shupe sleeping in her Huntsville Utah cabin after he pilfered it of beer and prescription drugs. Shupe left […]
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Big Think: Predictive policing: Data can be used to prevent crime, but is that data racially tinged?
Big Think: Predictive policing: Data can be used to prevent crime, but is that data racially tinged? by Eric Siegel: As predictive analytics advances decision making across the public and private sectors, nowhere could this prove more important – nor … Continue reading →
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PLAN DE TRABAJO EXPUESTO POR EL PREMIER EN SU PRESENTACIÓN ANTE EL CONGRESO
Pasadas las diez de la mañana (unos minutos) se inició la exposición del Premier César Villanueva Arévalo, he escuchado de principio a fin los lineamientos generales y puntuales del plan al 2021. También los discursos breves de los portavoces de la diferentes bancadas y desde las tres de la tarde con diez minutos hasta las diecisiete horas con veinticinco minutos cuando hacía uso de la palabra la congresista por San Martín Esther Saavedra, asumo que los que restan, unos cincuenta, redundarán en lo mismo. Temas de ejecución inmediata las podemos ver en el sector Salud, en el de trabajo igualmente, de Defensa de la Soberanía Nacional NO se ha dicho una sola palabra, de la lucha contra la corrupción y las medidas electorales y otras complementarias como las acciones para atacar la evasión y elusión tributaria será necesario esperar que el Congreso otorgue las…
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Sex Offender Appeals Resentencing for Child Sexual Assault
People v. G. 2018 NY Slip Op. 02803 April 25, 2018 Continue reading
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State v. Eldred: Court of Appeals Evaluates Sufficiency of Circumstantial Evidence of DWI
Consider whether the following facts are sufficient to support a conviction for DWI: The scene. Law enforcement officers in Avery County respond to a reported accident on the highway leading to Grandfather Mountain around 8:30 p.m. They find a Jeep Cherokee on the side of the highway, with a damaged side panel. Tire impressions indicate that the vehicle traveled about 100 feet after leaving the roadway. A large rock embankment along the roadway is scuffed. No one is in the car, which is registered to Paul Eldred. The defendant. A law enforcement officer finds Eldred walking along the side of the highway two or three miles north of the accident. Eldred has a mark on his forehead, is twitching, and is unsteady on his feet. The officer asks Eldred why he is walking on the highway. Eldred responds: “I don’t know, I’m too smoked up on meth.” The officer calls for medical help, and Eldred is taken to the hospital. The interview. Another officer questions…
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Forced Confessions in Chicago
For years, the practice of forced confessions was used to offer some sort of relief to cases that appeared to be complex in nature. The justice systems in quite a significant number of states conspired with law enforcement to convict suspects who were deemed defenseless or who did not invoke their rights. With the advancement of human rights legislation and conventional justice systems, the practice of forced confessions is gradually being brought under regulation. All things taken into consideration, forced confessions in many justice systems assume a common practice where the victim is either tortured or forced to give false confession under some form of pressure. A recent report from the Chicago Sun Times illustrates why coerced confessions can be costly not only on the victims but also detrimental to the legal system. The illegal detention of Gabriel Solache and Arturo DeLeon-Reyes for almost two decades in prison without sound evidence from the prosecutor, for example,…
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Rowbottom on Obscenity Law
Jacob H. Rowbottom (University of Oxford - Faculty of Law) has posted The Transformation of Obscenity Law (Information & Communications Technology Law (2018) vol 27, issue 1) on SSRN. Here is the abstract: This article looks at the number of...
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Gentithes on Nudging Pre-Trial Rulings
Michael Gentithes (Chicago-Kent College of Law - Illinois Institute of Technology) has posted Justice Begins Before Trial: How to Nudge Inaccurate Pre-Trial Rulings Using Behavioral Law and Economic Theory and Uniform Commercial Laws (Forthcoming, 60 WILLIAM & MARY LAW REVIEW...
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Injury Crash NB US95 at milepost 275, near Craigmont, ID
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 5/2/18 7:05 pm Please direct questions to the District Office On May 2, 2018 at approximately 2:52 p.m. an injury crash occurred on US95 at milepost 275, two miles north of Craigmont, ID. A brown 2016 Ram 1500 pickup pulling a 2016 Flagstaff camper trailer driven by Susan N Thompson, 70, of Greenacres, WA was traveling northbound when the camper trailer began to fish-tail. Susan Thompson swerved into oncoming traffic, the camper trailer became detached from the pickup and overturned on US95 blocking traffic. The pickup struck the guardrail and continued down a 100 foot embankment. Susan Thompson as well as the passenger, John M. Thompson, 75, of…
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Three Children Found Drunk on Vodka While Mom Was Out
A mother who had left her three children unattended at home for a time is facing charges after the authorities discovered the kids outdoors and allegedly very intoxicated. On Monday, April 30, three young children from Gastonia, NC, were allegedly left at home alone while their mother went out. During their time without a responsible adult in charge, the juveniles reportedly discovered a bottle of Grey Goose vodka and decided to help themselves to the contents. After allegedly consuming enough of the alcohol to result in what authorities reported as a “heavily intoxicated” state, the children left the home and wandered outside. While outdoors the eldest child, a 7-year-old girl, had defecated and then proceeded to pretend she was engaging in sexual behavior with one of her younger brothers. She additionally was said to have made an attempt to get into a laundry room and smashed the protective glass encasing a fire extinguisher in order to obtain the device. Continue…
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Johnson on Buggery and Parliament
Paul Johnson (University of York) has posted Buggery and Parliament, 1533-2017 on SSRN. Here is the abstract: Over nearly five centuries the UK Parliament, and its earlier incarnations, frequently legislated to ensure the regulation and punishment of buggery, a form...
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Federal Criminal Law News: May 2018
PRE & POST CONVICTION LAW PUBLICATION CONSTRUCTIVE AMENDMENT OF AN INDICTMENT A constructive amendment occurs where “the indictment is altered to change the elements of the offense charged, such that the defendant is actually convicted of a crime other than that charged in the indictment.” United States v. Malloy 568 F.3d 166, 177-78 (4th Cir. 2009) (quoting United States v. Randall, 171F.3d 195, 203 (4th Cir. 1999)). When the government, through its presentation of evidence or its argument, or the district court, through its instructions to the jury, or both, broadens the baseD for conviction beyond those charged in the indictment, a constructive amendment occurs. Id, at 178; See United States v. Redd, 161 F.3d 793, 795 (4th Cir.1998); United States v. Floresca, 38 F.3d 706, 710 (4th Cir. 1994) (en banc). When a constructive amendment is found, the error is fatal and reversible per se even when not preserved by objection. United States v. Whitfield, 695 F.3d…
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Institut für Geistiges Eigentum (IGE): Newsletter Marken April
Der am 30. April 2018 erschienene Newsletter Marken des IGE greift folgende vier Themen auf:(1) Praxisänderung des IGE im Zusammenhang mit dem zweiten Schriftenwechsel: Neu verzichtet das IGE auf den zweiten Schriftenwechsel im Markeneintragungsverfahren, der bisher nach Beanstandung und vor Erlass der Verfügung durchgeführt worden ist. Stellungnahmen zum Beanstandungsschreiben bleiben jedoch weiterhin möglich. Von dieser Praxisänderung ausgenommen sind Markeneintragungsgesuche (i) mit anderen oder weiteren als den im Beanstandungsschreiben aufgeführten Zurückweisungsgründen, (ii) bei denen der Grund aus dem Beanstandungsschreiben nicht klar hervorgeht, (iii) deren Zurückweisung sich auf weitere Waren oder Dienstleistungen als die angegebenen bezieht oder (iv) mit mangelhaften Beanstandungsgründen. (2) Erste materielle Entscheide zum Löschungsverfahren wegen Nichtgebrauchs einer Marke: Seit 1. Januar 2017 kann beim IGE die…
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Georgia Criminal Law News: May 2018
PRE & POST CONVICTION LAW PUBLICATION Recent Parole Successes at the Law Firm of Shein & Brandenburg The firm represented J.H. before the parole board. He was released on March 27, 2018 after serving 18 years of a life sentence for Armed Robbery, False Imprisonment, and Possession of a Firearm. The firm also represented C.A. who was sentenced to serve 15 years for sale and possession of heroin. She will be released in April after serving just 4 years. RECENT GEORGIA SUPREME COURT CASES Brown v. State, Supreme Court of Georgia Case No. S17A1582 (February 5, 2018) HUNSTEIN, Justice. Appellant Melvin Brown Jr., was tried and convicted of murder and related offenses On April 29, 2014, an Athens-Clarke County grand jury indicted Appellant for charges related to crimes committed against Javious Tucker and Cyntrelis Boggs as follows: malice murder of Tucker (count 1); felony murder of Tucker predicated on aggravated assault (count 2); felony murder of Tucker predicated…
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Swire & Woo on Police Body-Worn Cameras and the Internet of Things
Peter Swire and Jesse Woo (Georgia Institute of Technology - Scheller College of Business and Independent) have posted Privacy and Cybersecurity Lessons at the Intersection of the Internet of Things and Police Body-Worn Cameras (North Carolina Law Review, Vol, 96,...
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Innocence Blog Mother’s Day Series: Evelyn and Leroy Harris
In 2017, Innocence Project client Leroy Harris had to make one of the hardest decisions of his life. He had already served 28 years in prison—he could continue serving the 50 plus years remaining on his sentence or accept an Alford plea in exchange for his freedom. The Alford plea would allow Leroy to maintain his innocence, but he would still have a felony record for a crime he did not commit. While it was a difficult decision for Leroy, he realized he could not spend another day away from his loved ones, especially his mom, Evelyn Harris. Evelyn believed in Leroy’s innocence from day one. No matter how painful the experience was for either of them, she remained optimistic and kept him going through his darkest days. As one can imagine, waiting for Leroy to come home for nearly three decades took a toll on Evelyn’s health. The thought of losing Evelyn while Leroy was still incarcerated was the impetus for his decision to take an Alford Plea. On November 21,…
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Federal Criminal Law News: Important Supreme Court Update
PRE & POST CONVICTION LAW PUBLICATION IMPORTANT SUPREME COURT UPDATE SESSIONS, ATTORNEY GENERAL v. DIMAYA Case No. 15–1498. Decided April 17, 2018 The case of Sessions v. Dimaya, decided April 17, 2018 case number 15-1498, was a good decision on important issues. The court in an 8-1 decision determined that the statute which creates a minimum mandatory sentence of 15 years when a prior crime of violence occurs under the Armed Career Criminal Act is void for vagueness. The court determined that the statement regarding crimes of violence in the residual clause of the statue was not clear in defining a crime of violence causing courts to have to determine these factors and resulting in inconsistent decisions throughout the legal system. In the statute a crime of violence is described in two parts, one as “any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of…
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Remembering how truly terrible Ann Richards was on criminal justice
On Twitter, Texas Observer editor Forrest Wilder came up with this blast from the past: An old Ann Richards tuff-on-crime commercial from 1994 in which she touts plans to expand prisons by 75,000 beds and brags of reducing parole rates by 2/3. Go watch it.These policies weren't just a bad idea with 20/20 hindsight; you could tell they were a bad idea at the time. Less than two years after that commercial ran, Robert Draper had a feature in Texas Monthly in which the lede featured Ann Richards' prison chief, Andy Collins, declaring the prison expansion was "the stupidest thing the state of Texas has ever done." To be clear, that's a pretty high bar!"I mean, look who was behind it all," Collins told him. "Prosecutors, cops, politicians—all of them with a self-serving agenda."Draper blamed "The media and the politicians," declaring, "So eager were they to sate the public’s bloodlust for locking up criminals…
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Oregon Supreme Court orders resentencing upon finding violation of crime victim's right to be heard at sentencing
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