Defense counsel wasn’t ineffective for not adequately pursuing defendant’s motion to suppress because defendant admitted to counsel facts after the motion was filed that he had no standing at all. He provided that address as his address, but he was … Continue reading →
CA11: Def counsel wasn’t ineffective for not pursuing suppression motion after def admitted facts showing no standing
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Ship services company Inchcape pays $20 million to settle whisteblowers’ overbilling allegations
On May 29, the Department of Justice announced that UK-based Inchcape Shipping Services Holdings Ltd. has agreed to pay $20 million to settle allegations – originally brought as a whistleblower suit by three former employees – that the company overbilled the U.S. Navy for ship husbanding services. According to DOJ’s press release: Inchcape Shipping Services Holdings Limited and certain of its subsidiaries (collectively, Inchcape) have agreed to pay $20,000,000 to resolve allegations that they violated the False Claims Act by knowingly overbilling the U.S. Navy under contracts for ship husbanding services, the Department of Justice announced today. Inchcape is a marine services contractor headquartered in the United Kingdom. Inchcape provided goods and services to Navy ships at ports in several regions throughout the world, including southwest Asia, Africa, Panama, North America, South America and Mexico. Inchcape provided ships with food and other…
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Update: Crash Blocking Left Lane WB I184 at Milepost 3 in Boise
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: 06/05/18 09:51 a.m. Please direct questions to the District Office ***Update*** All lanes of travel are now open. 3560 ***End of update*** ---------------------------- At this time the Idaho State Police is on scene of a crash with blockage on westbound Interstate 184 at milepost three. The left lane is currently blocked by emergency vehicles. 3560 -------------
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US gets over $114 million judgment against laboratory testing fraud defendants in South Carolina
On May 29, the Department of Justice announced that the a District Judge in South Carolina had entered judgment in the amount of over $114 million following a jury trial in three consolidated False Claims Act cases. According to DOJ’s press release: On May 23, 2018, the United States District Court in the District of South Carolina entered judgment for the United States in the amounts of $111,109,655.30 against defendants LaTonya Mallory, Floyd Calhoun Dent III and Robert Bradford Johnson, and for an additional $3,039,006.56 against Johnson and Dent, the Department of Justice announced today. The judgment follows the January 31, 2018, jury verdict finding the three individuals liable for violating the False Claims Act (FCA) by paying remuneration to physicians in exchange for patient referrals, in violation of the Anti-Kickback Statute, and causing two laboratories to bill federal health care programs for medically unnecessary testing. *…
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Social Security-defrauding lawyer, Eric Conn, pleads guilty, in case prompted by Vernia Law Firm whistleblowers
On June 4, Kentucky-based disbarred attorney Eric C. Conn ended a nearly seven-year saga by entering a guilty plea resolving the remaining charges against him of defrauding the Social Security Administration’s (SSA) disability programs, fleeing house arrest while he awaited sentencing following an earlier plea, and stalking Vernia Law Firm client and whistleblower, Sarah Carver, in a conspiracy with a former SSA Chief Administrative Law Judge to fabricate evidence to justify her firing. According to DOJ’s press release: A former fugitive and social security disability lawyer pleaded guilty in federal court today for his role in scheming to defraud the Social Security Administration (SSA) of more than $550 million, retaliating against an informant and fleeing from the United States. Attorney General Jeff Sessions, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge Michael McGill of the Social…
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Prison Policy Initiative reports on "States of Incarceration: The Global Context 2018" and "States of Women’s Incarceration: The Global Context 2018"
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Florida’s 3rd DCA: Keep All Elements of Your License Plate Visible, Or Risk Traffic Stop
A recent decision by Florida’s Third District Court of Appeals makes it clear that police have the right to stop you for license plate framing that obstructs ANY portion of the words on the plate. That means police have yet one more reason to initiate traffic stops (which can lead to additional charges). In Florida v. Pena, Attorney General Pam Bondi and Assistant Attorney General Christina Dominguez argued for the state, citing in particular the statute F.S. 316.605(1), which states that license plates must keep plainly visible and legible at all times 100 feet from the front or rear “all letters, numerals, printing, writing and other identification marks upon the plates regarding the word ‘Florida,’ the registration decal and the alphanumeric designation.” Defendant in this case alleged the Miami traffic stop was illegal – and the trial court agreed, meaning any other evidence gleaned thereafter would be inadmissible. However, the 3rd DCA…
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Understanding drug possession charges and what they mean for you
Texas readers know that facing criminal charges of any kind can be a direct threat to a person's personal freedom and interests. Drug charges range in type and severity, but regardless of the specific type of drug charge against you, it is beneficial to learn how you can defend yourself against this type of criminal offense. Individuals facing drug possession charges face a range of penalties that can include time behind bars. The specific penalties you are up against depend on the charges filed against you, your criminal history and the nature of your individual situation. You have the right to defend yourself against drug possession charges, and you have the right to start working on your defense strategy as soon as possible after an arrest. How serious is a drug possession charge? A drug possession charge can lead from simple fines and a few days in jail to significant penalties that can include years behind bars. A simple drug possession charge will have relatively…
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Guest post: "The Eleventh Circuit’s Take On Handling The Wave of Dimaya-Related Litigation"
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News Scan
PA Murderer Loses Appeal: The appeal of a man sentenced to death for murdering his ex-girlfriend in 2004, was rejected last Thursday by the Pennsylvania Supreme Court. Phil Ray of the Altoona Mirror reports that Andre Staton sought to have his conviction overturned claiming that the trial judge violated his constitutional rights by permitting him to serve as his own counsel. The Supreme Court rejected Staton's claim, noting that that at a hearing on May 13, 2013, the trial judge considered Staton's petition to fire his defense attorney and allow him to represent himself in the post-conviction review of his case. After hearing both the prosecution and the defense attorney argue against the request, the judge denied it. Hearing this, Staton jumped from his chair and attacked his attorney, knocking him unconscious, resulting in a severe concussion. A week later the court held that Staton had waived his right to counsel. The high…
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Parenting Time: Protecting Your Child’s Best Interests
You may or may not be that familiar with the term “parenting time.” In years past, it was known as visitation. However, the Legislature acknowledges that mothers and fathers parent their children – rather than visit them. Thus, parenting time refers to the hours and days that non-custodial parents spend with their children. According to a publication offered by the New Jersey Courts, parenting time is a child’s right. Unfortunately, this sometimes gets lost on either mom and dad – or both. Whether they were married or not, the end of a relationship can be contentious. Too often, the anger boils over and seriously impacts the children. The courts take children’s best interests in making decisions involving custody and parenting time. Some individuals may retain experienced family law counsel and come up with their own parenting plans. The process may involve some creativity – and will always need the approval of the court. Meanwhile, the…
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Government's failure to file motion for reconsideration of suppression ruling within 30 days deprived Third Circuit of jurisdiction over interlocutory appeal
In United States v. Kalb, Appeal No. 17-1333 (3d Cir. May 31, 2018), the Third Circuit considered whether it had jurisdiction to hear the Government's interlocutory appeal under 18 U.S.C. § 3731 where the Government filed a motion for reconsideration of a suppression ruling after the 30-day time period for filing an appeal under § 3731. Defendant Kalb successfully argued for suppression of evidence obtained from him after police stopped his vehicle. The district court granted Kalb's motion to suppress on October 21, 2016 and filed a written opinion three days later. On November 29, 2016, the government filed a motion to reconsider. The district court denied the government's motion to reconsider on the merits, rejecting Kalb's argument that the government's motion for reconsideration was untimely because the government sought leave to review the transcript of the suppression hearing within the 30-day period.Typically, the 30-day appeal period…
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Trump Blames Jeff Sessions... Again
Donald Trump today blamed Jeff Sessions (yet again) for the Russia "witch hunt, writing on his Twitter account: The Russian Witch Hunt Hoax continues, all because Jeff Sessions didn’t tell me he was going to recuse himself...I would have... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Some Clarity on Self-Defense and Unintended Injuries
Earlier this year, in State v. Gomola, ___ N.C. App. ___, 810 S.E.2d 797 (Feb. 6, 2018), the Court of Appeals addressed a self-defense issue that has sometimes puzzled the North Carolina courts. The question in Gomola was whether a person can rely on self-defense to a charge of involuntary manslaughter. The Court answered with a decisive yes . . . if the basis for the involuntary manslaughter charge is an unlawful act such as an assault or affray. The Conflict in Gomola. The events leading to the death of the decedent in Gomola were as follows. Some of the evidence came from a video of the incident, some from the testimony of witnesses. The defendant and friends were at a waterfront bar overlooking a marina in Morehead City. One of the defendant’s friends saw another customer throw a beer bottle over the railing into the water and asked the customer not to do it again. When the defendant’s friend made this request, the decedent shoved him. The defendant stepped in…
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Generic description of suspect sufficient to justify stop when analyzed under totality of the circumstances
In United States v. Foster, Appeal Nos. 16-3650 & 16-4225 (3d Cir. May 30, 2018), co-defendants challenged their convictions and sentences for being felons in possession of firearms. On February 5, 2015, a local barbershop employee called 911 to report two suspicious black males sitting in a Honda Accord in the shopping plaza's parking lot. When police arrived, the Accord promptly left the parking lot. The barbershop employee provided police with a picture of the Accord and its license plate. After running the plate, police learned that the Accord was reported stolen in an armed robbery. An email alert was sent to local law enforcement officers alerting them to the stolen vehicle and attaching the picture. The following morning, a police officer on routine patrol observed the Honda Accord sitting in the plaza parking lot with two black males inside. The officer left the lot briefly to call for backup and position himself to make a safe stop. When he returned, one of…
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Calabresi on Robert Mueller's Appointment
Steven G. Calabresi (Northwestern University - Pritzker School of Law) has posted Opinion on the Constitutionality of Robert Mueller's Appointment on SSRN. Here is the abstract: I argue in this Legal Opinion that Deputy Attorney General Rod Rosenstein's appointment of...
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TV One Premieres Evidence of Innocence and Hosts Panel Discussion Highlighting Racial Disparities in Criminal Justice System
Last night, the new docu-series Evidence of Innocence debuted on TV One. The four-part series follows the stories of four wrongfully convicted African-Americans. Benjamin Crump, a civil rights attorney who famously represented the families of Michael Brown and Tamir Rice, is the show’s host. Benjamin Crump attends the Evidence of Innocence screening and panel. Photo by Cheriss May. This past Thursday, TV One hosted a screening of the series’ second episode, followed by a panel discussion. Hosted by journalist Roland Martin, the event raised awareness about wrongful convictions, racial bias within the criminal justice system and the need to hold system actors accountable. The panel discussion included commentary from attorney Benjamin Crump, the Innocence Project’s Special Counsel for New Initiatives Chantá Parker, Senior Director of Programming and Production at TV One Tia A. Smith, Executive Producer of Evidence of Innocence Rushion McDonald, Senior…
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PA Superior Court: Tracing IP Addresses at Trial Requires Authentic Evidence and Expert Witnesses
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esq. The Pennsylvania Superior Court has decided the case of Commonwealth v. Manivannan. In Manivannan, the Superior Court reversed the defendant’s cyber-stalking related convictions after finding that prosecutors improperly failed to prove that the defendant was the person who accessed the complainant’s e-mail account without permission. This is an important decision because it continues a trend of Pennsylvania appellate courts recognizing that electronic evidence can easily be fabricated and therefore must be properly authenticated in order to be admitted into evidence. The Facts of Commonwealth v. Manivannan In August 2011, the defendant worked at the United States Department of Energy. While employed there, he met and began dating the complainant. The complainant would occasionally use his computer to access her email, but she never gave him…
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Public school teachers have First Amendment rights
It may sound obvious that teachers have the right to free speech when they are outside of the classroom, but a recent case from the Georgia Supreme Court may cause some concern among teachers and other public employees. The Court declined to take up a case brought by Kelly Tucker, a public school teacher in… The post Public school teachers have First Amendment rights appeared first on Pate & Johnson Law Firm.
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Cowan & Campbell on Sexual History and Vulnerability in Sex Offenses
Sharon Cowan and Liz Campbell (University of Edinburgh - School of Law and Independent) have posted The Relevance of Sexual History and Vulnerability in the Prosecution of Sexual Offences (Peter Duff, Pamela R. Ferguson (ed.) Scottish Criminal Evidence Law (Edinburgh...
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