Edward Lang is condemned to die. During his murder trial, the system malfunctioned twice: a member of the victim’s family was on the jury until the second day of trial, and defense counsel did not present or uncover the details of Lang’s terrible childhood. On Friday, the Sixth Circuit issued an opinion addressing whether the Ohio courts that adjudicated Mr. Lang’s appeal reasonably applied U.S. Supreme Court precedent. The panel split. Two judges said that the Ohio courts’ tolerance for these errors was reasonable. Judge Moore dissented.In many ways, this case is more about the deferential standard of review required by the Anti-Terrorism and Effective Death Penalty Act, 28 U.S.C. § 2254, commonly referred to as “AEDPA” (ED-pah), than the constitutional questions it raises. Bill Clinton signed AEDPA into law after the Oklahoma City bombings. (The Intercept has an interesting story about AEDPA’s legislative history.) In Criminal…
AEDPA’s Rorschach Test
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Finding Hidden Income in a Cash Business
I love working on divorce cases where one spouse is trying to hide money. When a business owner has a cash business and is getting divorced, sometimes the income coincidentally (or not so coincidentally!) drops dramatically. What can we do to investigate that? It’s hard. The business owner knows that cash leaves no paper trail and is difficult to prove. But all is not lost. There are techniques we can use to find indirect proof of the amount of cash a business should be generating (even if the owner isn’t reporting all of it).We can do things like: Look at payroll records. If you’re not earning income, why do you need so many employees? Find expenses that usually move in step with income. If the income has really decreased, those expenses should decrease too. Look at cash income versus credit card income. This works especially well in a business like a restaurant. If we see that credit card income has stayed stable but cash income has dropped, that’s…
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The Weed Numbers, Explained
Whether the statistics are as good as one might hope is always in doubt, but if the NYPD was fudging the numbers for its own sake, they did a pretty lousy job of it. There are many ways to be arrested on marijuana charges, but one pattern has remained true through years of piecemeal policy changes in New York: The primary targets are black and Hispanic people. Across the city, black people were arrested on low-level marijuana charges at eight times the rate of white, non-Hispanic people over the past three years, The New York Times found. Hispanic people were arrested at five times the rate of white people. In Manhattan, the gap is even starker: Black people there were arrested at 15 times the rate of white people. When questioned by the New York City Council, the explanation was that they were just responding to 911 calls, complaints, and, hey, it’s not their fault the calls come in about black guys smoking weed. What are they supposed to do? Except they keep stats on…
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What Happens if I Violate My Probation?
When sentencing an individual upon conviction of a charge, a judge often has a variety of options available. One of the most common types of sentencing in Illinois involves placing an individual on probation. Probation is a sentence that requires a defendant to adhere to certain supervision rules to ensure that the defendant is not committing other crimes and is being rehabilitated after his or her conviction. An individual must follow the terms of his or her probation exactly, otherwise he or she could be found in violation of his or her probation. Of course, violating probation has consequences. If you have violated your probation, there are defenses and options available to you, and it is in your best interests to contact an attorney immediately for help. What is Probation? Individuals that are sentenced to probation are required to follow a set of rules established by the court. The terms of probation can vary from case to case; however,…
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New Parents and Estate Planning
New parents may need to update their estate planning documents or create new ones. You may not think you have the time, but it’s one of the best things you can do to care for your child. If you don’t update your estate plan after the birth of a child, you may have outdated documents that don’t reflect your new life situation. Any of the following issues could cause problems: You haven’t named a guardian for your child, which means a court would have to make this decision without your input if something happens to you and the child’s other parent. Your will may not include your new child as an heir. Your beneficiary designations on life insurance policies and retirement accounts may be out-of-date. Your estate plan is missing important documents such as powers of attorney or a living will. Name a Guardian for Your Child Naming a guardian should be a top priority after the birth of a child. A court will be in charge of appointing a guardian, but they…
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Makar on Pre-trial Detention and Procedural Displacement
Zina Makar (Pretrial Justice Clinic) has posted Displacing Due Process (DePaul Law Review, Forthcoming) on SSRN. Here is the abstract: Pre-trial detention is a major driver of mass incarceration in the United States. While over 11 million people are admitted...
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<em>NY Times</em> highlights racialized realities of NYC marijuana arrests
The front page of this morning's New York Times give attention to marijuana arrests via this extended article with this full headline summarizing its coverage: "Surest Way to Face Marijuana Charges in New York: Be Black or Hispanic: The police explanation that more black and Hispanic people are arrested on...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/OTOrfMm1YfI" height="1" width="1" alt=""/>
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Can You Appeal Assault Charges in New Jersey?
A conviction for assault can lead to jail time and high criminal fines. If you lost your trial, it may seem like the end of the road, but there are still chances to appeal your case and continue to fight the charges. In many cases, appealing your case can get you a new trial if there were serious legal errors. If you suffered from unfair legal errors at your assault trial, talk to an attorney today about appealing your conviction. The Atlantic City criminal appeals lawyers at The Law Offices of John J. Zarych offer free consultations to help you understand what we can do to help with your case. Appeals for Assault Charges in NJ An appeal is a chance to take the results of your trial to a higher-level court and have them review any legal injustices you suffered. While the appeals court cannot re-hear the case and any factual determinations the judge or jury made at the trial must stand, legal issues can call the fairness of your case into…
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Alcohol Plays Role in Car Accident Killing Two Teens
Drinking alcohol and getting behind the wheel is a dangerous combination and can lead to car accidents and injuries that can be severe and life threatening. When fatal accidents do occur, it is particularly tragic and tough on surviving family members, especially knowing that it could have easily been prevented. A recent fatal DUI accident involving a female driver in San Jose highlights the potential dangers of drinking and driving and the devastating consequences that can occur as a result. San Jose Drunk Driver Responsible For Fatal DUI Accident In late March 2018, the Mercury News reported on a fatal DUI-related accident that involved a San Jose woman and three teenagers on a spring break trip. The crash occurred on I-5 near Los Banos, which killed two of the teens involved, and left the third with serious injuries. A San Jose woman has been charged with felony DUI for her role in causing the accident. She was driving in the northbound lanes of the…
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A 2018 Colorado Pardons Update – An Unexpected Change Of Heart By The Governor
By H. Michael Steinberg Colorado Criminal Defense Lawyer – Attorney A 2018 Colorado Pardons Update – An Unexpected Change Of Heart By The Governor – Afrer nearly seven years in office, Colorado’s Governor Hickenlooper begins to grant ever larger numbers of executive pardons. This article looks at the Colorado pardon laws and process and provides some insights into the how pardons actually work. First – Understand The Colorado Laws Applying To Governor Pardons Continue reading
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Suzuki is Found Liable in a Crash That Shattered a Georgia Man’s Spine
If driver or rider is harmed by a defect in a vehicle, a manufacturer may be held responsible. In a recent case in Georgia, a jury found Suzuki Motor Corp. and its American subsidiary liable for a motorcycle crash that shattered a Georgia man’s spine. The jury in Douglas County handed down a $12.5 million verdict at trial against the companies, reported Courtroom View Network. Jurors in Douglas County State Court concluded defective brakes on Adrian Johns’ 2006 Suzuki GSX R-1000 motorcycle caused a serious crash that broke the rider’s back, left him with ongoing mobility problems and meant he was unable to return to a career in the postal service. The award by the jury included $10.5 million to Johns and $2 million to his wife, Gwen. The jury rejected a claim for punitive damages to punish Suzuki and apportioned 49 percent of the responsibility for the wreck to the rider. That move may reduce the post-verdict award. Suzuki liable for a crash that shattered a…
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A couple dozen Dimaya GVRs in federal criminal cases in latest SCOTUS order list
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FACDL AWARDS BANQUET
The FACDL had their annual awards banquet this past Saturday. We received positive reviews from several attendees, including high praise for PD Abbie Waxman who received the Gregg Wenzel Young Lawyers Award, and Michelle Estlund who won the Rodney Thaxton "Against All Odds Award". Ms. Waxman was a Rumpolian 17 of 18 in jury trial wins this past year for her clients. A very impressive record, bit considering her pedigree, not surprising in the least. The apple doesn't fall far from the tree. Significant in the praise we received was Ms. Estlund's remarks about Rodney Thaxton, a legendary Public Defender in Miami who died way too soon. Rodney Thaxton was the type of lawyer who comes along once in a generation or so. Ms. Estlund deserves credit for remembering Rodney Thaxton in her remarks. It was a classy thing to do. Congratulations to Ms. Waxman and Ms. Estlund for being part of Liberty's Last Champion. Well…
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Big Supreme Court win for states' rights could have important marijuana reform echoes
The US Supreme Court handed down this morning an important case about the relationship between federal prohibitions and state laws in Murphy v. NCAA, No. 16–476 (S. Ct. May 14, 2018). (available here). The case is directly about sports betting laws in New Jersey, but the final substantive paragraphs of...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/aoDdV31zulA" height="1" width="1" alt=""/>
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Among lots of CJ work, SCOTUS finds capital defendant's Sixth Amendment rights violated by counsel's unauthorized concession of guilt
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VERÓNIKA MENDOZA y las visiones libertarias de sus mentiras
https://larepublica.pe/politica/1242191-gobierno-vizcarra-altura-momento-historico. La siguiente es la última pregunta de la entrevista "Vi en una encuesta de Datum que su desaprobación supera el 60%. Comparado con otros, le va mejor, pero es un porcentaje bastante alto. ¿Cómo explica eso?" Y esta su respuesta: "En gran medida se debe a la gran campaña de estigmatización y desprestigio que enfrentamos las fuerzas de cambio, tratando de asociarnos con el terrorismo cuando no hay absolutamente nada que nos acerque a eso, tratando de meternos en el caso de los corruptos cuando somos el partido más austero." MI OPINIÓN: NO, señora Mendoza, el terrorismo al que alude, si entiendo bien, es el violentista y éste a juicio de muchos "expertos" no reaparecerá como si las causas que determinaron su aparición se hubieran superado o desaparecido (menos…
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The Reid Technique: Where False Confessions Live
One concept that is often utilized in the state of Michigan is the “Reid Technique” which is a method that been consistently proven to provide government actors with false confessions of an innocent defendant. Today, we will discuss the topic with in-depth analysis from legal experts in the field of criminal law. Looking at the subject from a global perspective, the “Reid Technique” is a method of questioning suspects in an attempt to try to assess their credibility. Developed by polygraph expert John Reid, the topic has evolved into the top method of interrogation by police across the country. While the technique seems to be employed regularly, the problems associated with “Reid” have started to come to the surface in the last 10 years. Scott Grabel is the founder of Grabel and Associates in Lansing, Michigan. Grabel has developed a reputation as the top criminal defense attorney in the state of Michigan and provided insight of the…
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SCOTUS Criminal Law Decisions
There are four criminal law decisions from the United States Supreme Court this morning:In McCoy v. Louisiana, No. 16-8255, the Court held that defense counsel cannot admit that defendant committed the criminal act over his objection, even if counsel's best judgment as to strategy is to admit the act and argue mental state for a lower degree of crime. In this case, counsel wanted to go for second-degree rather than first-degree murder, while McCoy wanted to claim he was out of the state at the time. 6-3 opinion by Justice Ginsburg, with Justices Alito, Thomas, and Gorsuch dissenting.I agree with the defendant on this one. The goals of representation are for the client to decide, and if the client wants to double down rather than go for a lesser included, that is his choice. Also, enabling the client's choice in this manner may well reduce the number of defendants who exercise their constitutional right to be a fool* and represent themselves.In…
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Henry on Individual Accountability for Corporate Crimes
Paola Henry (American University, Washington College of Law, Students) has posted Individual Accountability for Corporate Crimes after the Yates Memo: Deferred Prosecution Agreements & Criminal Justice Reform (American University Business Law Review, Vol. 6, No. 1, 2016) on SSRN. Here...
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How the Cosby Conviction Could Change the Rules Criminal Defense Tactics
Comedian Bill Cosby’s conviction for aggravated indecent assault was born of a set of highly unique circumstances. It involved a civil case deposition that was previously sealed. It involved a high-profile defendant. It involved a previous agreement not to prosecute (one the Pennsylvania DA simply ignored). But perhaps one of the most important unique elements of this case is the testimony from previous victims. While the case isn’t likely to serve as an exact blue print for how we might expect future sexual assault investigations to go, but we could well see a difference in criminal defense lawyer strategies. Attitudes both inside and outside the courtroom toward accusers and alleged victims of sexual assault and harassment are changing in the er of #MeToo. Take for instance the fact that when this case first went to trial, none of Cosby’s other accusers (and there are many) were allowed to testify because, as the court reasoned, those incidents had…
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