He's the James Bond of criminal defense. He (almost) never loses and he never loses his cool. But he went on an epic rant here about prosecutorial misconduct in general, and the failure to turn over discovery in particular. And along the way he touches on the trial tax, the incessant requests for pre-trial detention or excessive bonds, and a whole bunch of other problems with the criminal justice system. Go read DOM's blog post before he regains control and takes it down. Sometimes it's good to lose control. Site Feed
AN EPIC RANT
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Parents Profit from Donations by Faking Son’s Cancer
The parents of a 10-year-old boy who allegedly created an online campaign to raise donations for expenses related to their son’s cancer have been accused of fraudulently accepting the funds after authorities discovered that the boy did not have the disease. GoFundMe is an online platform designed to host fundraisers created by the general public who are seeking donations for personal needs. People have collected money for causes such as gaining assistance with finances when going through rough times, help with funding independent films, and a limitless number of other causes. Martin and Jolene LaFrance are the parents of a 10-year-old little boy named CJ and they live in Port Byron, NY. Continue reading →
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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: 05/11/2018 1:38 pm Please direct questions to the District Office On May 11, 2018, at approximately 1:38 pm, the Idaho State Police responded to an injury crash northbound US95 at Chambers Road near Culdesac, ID. A maroon 1997 Ford F150, pulling a boat, was traveling northbound on US95. The Ford was being driven by Steven Eckhart (31) of Coeur d Alene, ID when it went off the northbound side of US95 near Chambers road. The Ford and boat continued northbound off the roadway, and impacted the small embankment leading up to Chambers road, causing the Ford to go airborne. There was a blue 2009 Dodge Caliber, traveling eastbound on Chambers road, stopped at the…
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Injury crash near Culdesac 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: 05/11/2018 1:38 pm Please direct questions to the District Office On May 11, 2018, at approximately 1:38 pm, the Idaho State Police responded to an injury crash northbound US95 at Chambers Road near Culdesac, ID. A maroon 1997 Ford F150, pulling a boat, was traveling northbound on US95. The Ford was being driven by Steven Eckhart (31) of Coeur d Alene, ID when it went off the northbound side of US95 near Chambers road. The Ford and boat continued northbound off the roadway, and impacted the small embankment leading up to Chambers road, causing the Ford to go airborne. There was a blue 2009 Dodge Caliber, traveling eastbound on Chambers road, stopped at the…
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DID I CONSENT TO DUI TESTING?
Under the Illinois implied consent law, you are deemed to have consented to drug or alcohol testing if you are arrested for violating the Illinois Vehicle Code as evidenced by a Uniform Traffic Ticket. (You may still refuse testing, although there may be extra penalties.) A recent Illinois court has held, however, that you must be arrested before an officer can ask you to take the tests. In People v Hayes, the defendant accidentally killed a small child when the child rode his bike in front of defendant’s car. An officer then took defendant to the hospital for drug testing. However, defendant was not arrested for DUI until two days later. The court held that the implied consent law did not apply because defendant was not under arrest at the time of the tests, and thus the results of the tests should be suppressed. Even without an arrest, a blood or breath test may still be valid if you voluntarily consented to the tests. In the above case, however, the court did…
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BREATHALYZER DEVICE: CHALLENGING RESULTS IN COURT: DC DUI LAWYER
The most prevalent form of measuring intoxication by the law enforcement is the breathalyzer. The device is designed to measure the levels of alcohol in the lungs and not in the breath. Thus a sip of alcohol and testing right after would not and should not register any measurable levels of alcohol. Alcohol consumed however goes through a chemical process. It gets absorbed from the mouth through throat and stomach and processed into the bloodstream. Alcohol is not digested upon absorption and remains chemically the same in the bloodstream. As the alcohol infused blood travels through the lunge membranes it contaminates the lung’s air sacs commonly known as “alveoli” and the alveolar air. The blood alcohol concentration (BAC) and the alveolar air correlate and the alcohol levels correspond. Thus measuring the alcohol concentration through the alveolar air and by the breathalyzer device is an accurate way of measuring the individual’s BAC but it…
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When Ira Glasser Ran The ACLU
The [other] old guy, Jeffrey Gamso, noted that the ACLU founders on the rocks of social justice donations, ceding its historic concern for civil liberties to the mob with paypal, but wasn’t always this way. You might want to go back and read the news stories about the ACLU’s national board fracturing over the appointment and early days (years) of Romero as Executive Director. The Board essentially self-purged, the long-time committed civil libertarians quitting (there was some talk of them being forced out). Romero is not and was not a civil libertarian. He is an old-fashioned (as in left and right, not philosophical/Lockian), liberal do-gooder who came to the ACLU from a position with the Ford Foundation. Ira Glasser, the prior ED, and a strong civil libertarian who’d resigned after decades in the job, was disgusted, and rightly so, and even joined in creating an anti-Romero rump group on the outside. Who, you ask, is this Ira Glasser? What would he…
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Moneta’s Choice
It’s now firmly established that a white prof can’t wear blackface even in furtherance of social justice. This, at least, provides a clear line that distinguishes affirmative conduct despite the underlying motive. Good motives do not make it acceptable. Fair enough. And further, a white prof can’t utter the “n-word,” which is one of those affectations that pretend to conceal what the “n-word” is, as if using the “n-word” somehow makes it less of the “n-word.” University of Kansas prof Andrea Quenette, who, in describing her own racial bias, used the n-word, for which she was sent packing. No matter what the circumstances, what the purpose, even if in the cause of ending racism, the word cannot be used. Another bright line. But that didn’t inform Duke admin Larry Moneta’s choice. Outrage has flowed freely over the story of Larry Moneta, the Duke University administrator whose…
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Spring is here and It’s Time to Make Sure Your Property is Safe
In New Hampshire, springtime is upon us and the last Nor’easter seems to have passed. Now that we are into May, though, spring is finally here. While the warmer temperatures and longer days are the best parts of the season, yard work and home maintenance also need to be squeezed in as well. Putting these chores off can increase the chances that you get hit with something worse than a blizzard—premises liability. The Strain of Winter Damages Your Property In New Hampshire, winter is long and grueling. Snow sits for weeks on the ground, untouched, seeping into whatever it is sitting on and damaging it over long periods of time. If untreated before the snow starts falling, or uncared for once it begins, outside fixtures can depreciate, bend, weaken, and soften to the point where they can break without much notice. If you are the one who gets hurt by these unknown dangers, it can lead to a debilitating injury. If it is someone else who gets hurt, though, it…
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All Forms of Synthetic Cannabis May Soon Be Illegal in Illinois
Four people in Illinois have died and several others have been hospitalized in recent weeks due to adverse reactions after consuming synthetic cannabis. The substance, branded with names such as Spice and K2, caused internal bleeding in some of the people who used it, which police suspect was because it contained rat poison. In response, the Illinois Senate quickly approved a bill that would make all forms of synthetic cannabis illegal. The Illinois House of Representatives will now take up the bill. Lawmakers hope the legislation will close a loophole that has allowed synthetic cannabis to be sold in convenience stores. What Is Synthetic Cannabis? Synthetic cannabis is a plant that has been sprayed with an artificial cannabinoid meant to reproduce the effect of THC in cannabis. The product can come in solid or liquid form for the purpose of being smoked. Marijuana users are attracted to the product because it: Is cheaper than real marijuana; Claims to give the same…
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E.D.Mich.: Minor testimonial inconsistencies in testimony about a trash pull did not mean no PC
Minor testimonial inconsistencies in testimony about a trash pull did not mean there was no probable cause. United States v. Gershwin, 2018 U.S. Dist. LEXIS 77029 (E.D. Mich. May 8, 2018). “Taken with Arguelles’s sex offender status, which included a … Continue reading →
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Meditating on misdemeanors, the human toll of prison understaffing, and other stories
Here are a few odds and ends that will simultaneously clear my browser tabs and point readers to a few interesting items about which I don't have time to blog now.Latest Texas DNA exoneree denied testing for yearsCongratulations to Texas' latest DNA exoneree, John Nolley, and thank you to the Tarrant DA Conviction Integrity Unit and our friends at the national Innocence Project for getting him out and clearing his name. For that matter, good for the Court of Criminal Appeals for finally overturning his conviction, though they did not join in proclaiming him actually innocent. If the Tarrant DA vouches for his innocence, however, he would be able to receive compensation, anyway, under the exception carved out for Anthony Graves. Notably, reported a local TV station, "After years of defense attorney attempts, a judge ordered that the DNA of Nolley be retested" once the DA's Conviction Integrity Unit was on board. So while that speaks well of the Tarrant…
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CA5: Grounds to overcome GFE all have to be raised in the trial ocurt or waived
Defendant raises a ground to attempt to overcome the good faith exception, but he didn’t raise it in the district court, so it’s waived. United States v. Rosa, 2018 U.S. App. LEXIS 12276 (5th Cir. May 10, 2018). When defendant … Continue reading →
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CA5: When govt addresses GFE, defendant must respond or waive it
In the Fifth Circuit it’s good faith first, probable cause second. The government addressed good faith in its brief, but defendant didn’t in his. Good faith prevails. United States v. Carroll, 2018 U.S. App. LEXIS 12280 (5th Cir. May 10, … Continue reading →
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NY3: Smell and smoke from working meth lab in garage was exigency
The officer pulled into defendant’s driveway and defendant came out and was really nervous. Smoke was coming out a window in the garage that smelled like a meth cook. There was exigency for entry without a warrant. People v. Alberts, … Continue reading →
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AK: Refusal of consent can be used against def if state can show case-specific relevance
Normally, refusal of consent can’t be used against the defendant, but it can if there is case-specific relevance, such as evidence of consciousness of guilt, citing Leavitt v. Arave, 383 F.3d 809, 828 (9th Cir. 2004). Ace v. State, 2018 … Continue reading →
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FL4: Knock-and-talk can’t go to side door of outbuilding
The prior owner’s consent three years earlier couldn’t be attributable to defendant. [Yes, officers really said believed that it could.] A knock-and-talk that progressed to another building within the fencing violated curtilage and the limits on knock-and-talk. Osorio v. State, … Continue reading →
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Did Texas DPS 'border surge' cause DWI enforcement reduction?
A Grits commenter suggested a fascinating and viable theory regarding the source of radical reductions in DWI arrests across Texas in recent years:a local judge that I know who oversees a DWI Court he has opined that DWI placements are way down in his jurisdiction and that he felt there was a correlation between the redeployment of local DPS troopers to the border. He said DPS made up the majority of their local DWI arrest. It would be interesting to see if there was any actual link between the border surge and decreases in local DWI arrest.What do we think about this?Grits was immediately reminded of a bout of reporting in 2015 detailing how DPS coverage in the rest of the state went down when the border surge began. As R.G. Ratcliffe wrote for Texas Monthly:The [El Paso] Times' Marty Schladen reports that DPS warning tickets have increased since 2012 by 14.5 percent in border counties, which also saw a 13.5 percent decline in fatal accidents. During the same period,…
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Apparent Possession of a Concealed Firearm is not Sufficient for Police in Florida to Pat Down Suspect
In a criminal case just south of Jacksonville, Florida, the defendant was arrested for possession of a firearm by a convicted felon after an employee at a restaurant called the police and reported that he appeared to have a gun in his waistband. There was no indication the defendant pulled out a gun, was acting in a suspicious manner or used or held it in a threatening manner. When the police arrived, they saw a bulge in the defendant’s waistband but could not tell it was a gun. The police officer patted the defendant down and discovered the gun. Afterwards, they determined that the defendant was a convicted felon. The criminal defense lawyer filed a motion to suppress the evidence of the gun because it was not a legal search. In order for the police to legally search a person, or just pat a person down for weapons, the police must, at a minimum, have reasonable suspicion that the person is involved in criminal activity. In order for the police to conduct a stop and…
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RCC South – District 3 Press Release
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 05/12/2018 3:11 p.m. Please direct questions to the District Office The Idaho State Police is investigating a crash eastbound Interstate 84 at milepost 68, near the Blacks Creek Rest Area. The right lane is currently blocked. 4055 / 4039 -------------
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