The defendant business was a private club running a gambling operation in a private room in the back. Officers were able to get in without misrepresenting their identity. The entry was by consent. State v. Sky Lake, 2018-Ohio-1707, 2018 Ohio … Continue reading →
OH4: Officers were admitted into a private gambling room in a private club by consent
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NY: Partially inaccurate statement as to admissibility at trial of refusal of BAC test required suppression
“In sum, because the warnings given to defendant were at least partially inaccurate — i.e., as to the admissibility at trial of his refusal to submit to testing — the courts below properly suppressed the results of the breathalyzer test … Continue reading →
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AR: The right to counsel applies at suppression hearings
The right to counsel applies at suppression hearings. Defendant’s attempted waiver was ineffective. Shabazz v. State, 2018 Ark. App. 281, 2018 Ark. App. LEXIS 298 (May 2, 2018). The officer writing the affidavit misstated the evidence that another officer smelled … Continue reading →
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Because Facebook makes people dumb:
Defendant was linked to a carjacking. A search of his cell phone showed a video of him posted live to Facebook of him driving the victim’s car, wearing the victim’s watch, and counting the victim’s Cuban money. The video was … Continue reading →
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That's Entertainment: Judge Ellis and the Hearing on Manafort's Motion to Dismiss
Attached is the transcript of yesterday's hearing in the Eastern District of Virginia on Paul Manafort's Motion to Dismiss the Indictment against him: USA v PAUL J MANAFORT JR - 5-4-2018 Hearing on Motion to Dismiss. The hearing was before...
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American Tribalism: Look Out! It’s a Bear!
One of the stories that crossed my field of view today involved the seeming resurgence of racism in America. In a minute or three, it may become clear why I used the word “seeming” there. But whatever the problem is, it is real. Not a day goes by any more when I don’t run across a story that would fit into the same category as the one that provoked this post. Then a troll gave me the extra push. To end the tease, the story begins: A pair of Native American brothers who had traveled seven hours to tour Colorado State University this week had their visit cut short after a parent on their tour reported them to the campus police. Have you ever had that experience where you’re driving down the road, late a night, and you suddenly see a bear on the edge of the road? You look. You blink. You look harder. Because you’re thinking, “What the hell is a big-ass bear doing sitting alongside the road in the middle of the San Joaquin Valley?!”…
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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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RCC South – District 4 Press Release
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 5/5/2018 7:14 p.m. Please direct questions to the District Office Idaho State Police is on scene of a property damage crash eastbound I-84 at milepost 184. There is no blockage, but traffic is slowing in the area. Motorists are advised to use caution in the area. 3683 / 3642 -------------
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Property Damage Crash eastbound I84 at milepost 184, in Jerome County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 5/5/2018 7:14 p.m. Please direct questions to the District Office Idaho State Police is on scene of a property damage crash eastbound I-84 at milepost 184. There is no blockage, but traffic is slowing in the area. Motorists are advised to use caution in the area. 3683 / 3642 -------------
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Short Take: Skakel Reversed And Why Mickey Never Got His TV Show
The Connecticut Supreme Court reversed Michael Skakel’s murder conviction. Years ago, this would have been huge, but memories fade. The murder occurred in 1975. Skakel was convicted in 2002. His conviction was vacated in 2013, and reinstated in 2016. Now it’s been reversed again and remanded for a new trial. The basis was ineffective assistance of counsel. Almost no one gets a reversal based on Strickland, as the test is essentially impossible to meet. Skakel did. Mickey Sherman is a handsome guy with one of the most magnificent smiles ever. For a while, his smiling face was everywhere. He was a media darling, available on a moment’s notice for every cable new show. He knew which green rooms had the good food and which served tap water. He was, for a brief and shining moment, the media’s “It” lawyer. Heady times to be Mickey Sherman. Then he lost Skakel. But that wasn’t the end of the undoing of Mickey Sherman. It’s not that…
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D.N.J.: Previous finding of good faith applies to later Franks challenge
Defendant had already filed a suppression motion and lost on good faith. Now he files a motion based on Franks that statements of witnesses in quote marks weren’t accurate. The previous finding of good faith carries over to here, and … Continue reading →
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E.D.Ky.: A cell phone left in an abandoned car is also abandoned
A cell phone left in an abandoned car is also abandoned. United States v. Green, 2018 U.S. Dist. LEXIS 75738 (E.D. Ky. May 4, 2018). The police had a search warrant for animal fighting for the dogs and papers for … Continue reading →
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NY4: Oral motion to suppress denied; has to be written
An oral motion to suppress fails. It was required to be in writing for the record. People v. Hinojoso-Soto, 2018 NY Slip Op 03264, 2018 N.Y. App. Div. LEXIS 3195 (4th Dept. May 4, 2018). Driving a car at a … Continue reading →
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CA4: It’s a reasonable inference that evidence of bank fraud will be found at home
It is a reasonable inference that records of bank fraud would be found in defendant’s home because it is usually kept for many years. The officer stated this in the affidavit for the search warrant as based on his experience, … Continue reading →
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Federal prison employee settles kickback charges for $50,000
On May 4, the Department of Justice announced that a Bureau of Prisons employee in Texas had agreed to pay $50,000 to settle civil Anti-Kickback Act allegations that he accepted payments from a prison health contractor (who had settled its own liability for the scheme in 2017). According to DOJ’s press release: Cary Hudson, a former financial administrator for the U.S. Bureau of Prisons (BOP) in Carswell, Texas, has agreed to pay the United States $50,000 to resolve allegations that he violated the Anti-Kickback Act by accepting improper payments from Mansfield, Texas-based Integrated Medical Solutions Inc. (IMS) in exchange for his assistance in obtaining BOP contracts. In May 2017, IMS and its former president, Jerry Heftler, agreed to pay more than $2.4 million to resolve their civil liability arising from the alleged scheme. * * * The settlement announced yesterday resolves allegations that Hudson, while serving as a BOP financial…
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DC VOYEURISM STATUTE: DC CRIMINAL LAWYER
The Court of Appeals in Castillo v. U.S., decided on march 8, 2018, once again addressed, defined and further expanded certain statutory provision and language of the Voyeurism Statute. Castillo, a cleaning employee of a restaurant was accused of entering a women’s bathroom and peeping under a stall. On appeal from the conviction under the Voyeurism Statute he argued mainly that technically he was not ever in “a hidden observation post” as the Statute requires and that he had only entered the bathroom to start the cleaning process. The Statute in the pertinent part provides: (b) Except as provided in subsection (e) of this section, it is unlawful for any person to occupy a hidden observation post or to install or maintain a peephole, mirror, or any electronic device for the purpose of secretly or surreptitiously observing an individual who is: (1) Using a bathroom or rest room; (2) Totally or partially undressed or changing clothes; or…
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Judicial compassion – Virginia criminal lawyer on a good example of patience
Judicial compassion – Virginia criminal lawyer on a good example of patience Virginia criminal lawyer on a humane criminal justice system Judicial compassion is too lacking for too many judges, even for plenty who start out seeing their judgeship as an ideal role. Fairfax criminal attorney witnesses judicial and law enforcement compassion in action When glimpsing the sleeve of his or her black robes, a judge hopefully will be reminded to act with proper restraint. However, too many judges act as tyrants, prosecutors in robes, or mere pushers of dockets, rather than people committed to their oath that includes upholding the Constitution. Today’s blog entry is a continuation from my May 4, 2018, posting entitled Police Patience & De-Escalation – Witnessed By Fairfax Criminal Lawyer. Judicial compassion during a challenging situation, as seen by a Virginia criminal attorney When the defendant referenced in my last blogposting kept insisting on a…
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Leading newspaper in New Hampshire advocates "Governor, end the death penalty"
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Computer Crime Law (Introduction) Orin S. Kerr University of Southern California Gould School of Law Date Posted: 13 Apr 2018 416 2. Is Tricking a Robot Hacking? Ryan Calo, Ivan...
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NYTimes: Drug Arrests at Immigration Checkpoint Violated Constitution, New Hampshire Court Finds
NYTimes: Drug Arrests at Immigration Checkpoint Violated Constitution, New Hampshire Court Finds by Ron Nixon: A state court in New Hampshire has ruled that the arrests of several people last summer who were charged with drug possession at an immigration … Continue reading →
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