The Two Most Frustrating Facts of Life about Orders of Protection in Assault in the Third Degree Cases in New York CityBy Don Murray, Esq., veteran New York City Criminal LawyerThe World of Assault and Orders of ProtectionOne of the more common criminal charges taken up by the New York City Criminal Courts is Assault in the Third Degree (Penal Law Section 120.00). Although every version of assault should be considered serious, Assault in the Third Degree is the least serious of assault charges, and is an A misdemeanor in NY. As it is the least serious, involving the least level of claimed injury, it is also the most common.An order of protection (OOP) or temporary order of protection (TOP) is almost always a part of an assault case. An order of protection is an order, issued by the Court, that requires one person to stay away from and have no contact with another person. This means no direct or indirect contact, or contact through electronic means such…
The Two Most Frustrating Things about Orders of Protection in Assault Cases
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Paul Manifort has bail revoked ... and has not (yet) gotten rescued from jail by Prez Trump's clemency pen
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Protected: Claudia Blackwell for Judge
This content is password protected. To view it please enter your password below: Password: The post Protected: Claudia Blackwell for Judge appeared first on Ayo and Iken.
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Great New Search and Seizure Case from US Supreme Court
A recent US Supreme Court ruling has the potential to affect many people who have had vehicles searched by law enforcement, including at least one client of Skier & Associates. The Court in Collins v. Virginia held that the 4th Amendment’s “automobile exception” (which allows police to search an automobile without a warrant) does not apply to a vehicle parked next to a home, and that police are required to obtain a warrant before they can search the vehicle. The facts of Collins were that police approached Collins’ home and lifted a tarp off of a motorcycle leaned up against his house in order to obtain the VIN from the vehicle. As a result, Collins was arrested for Receiving Stolen Property. The Court, in an 8-1 decision, held that this search was in violation of the 4th Amendment’s prohibition on unreasonable searches. Their reasoning was that the same expectation of privacy extends to vehicles parked near a house as applies to items within…
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Three Orthopedic Surgeons Charged In Los Angeles Federal Indictments Relating to Alleged Kickbacks for Surgeries at Pacific Hospital
Three orthopedic surgeons (David Hobart Payne, Jeffrey David Gross and Lokesh Tantuwaya) have been charged in three separate cases for their roles in alleged kickbacks paid for surgeries performed at now-closed Pacific Hospital. The facts underlying this case were from 2008 to 2013 and this has been a longstanding investigation. The case is pending in the Central District of California in Los Angeles.All three physicians have plead not guilty. An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
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Using Crime Lab Reports In Ohio DUI / OVI Cases
Although Ohio courtrooms may not seem as dramatic and intriguing as those on C.S.I., crime laboratory tests are regularly a part of Ohio criminal cases. In Ohio DUI / OVI cases, and in drug-related cases, crime lab technicians use scientific tests to identify drugs. The lab techs write reports about the analyses and sometimes testify at trial about the tests. A recent case in an Ohio appellate court discusses the detailed procedure for using crime lab reports in Ohio DUI / OVI and criminal trials. The case is Kettering v. Maston. Maston was pulled over for a questionable marked lanes violation after leaving a known drug house. As one officer was writing a traffic ticket, another officer ran a drug dog around Maston’s vehicle. The drug dog alerted, and the officers searched Maston’s passenger compartment. The officers seized a container of pills which they suspected were controlled substances and charged Maston with Possessing Controlled Substances. The officers…
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Crash Blocks Interstate 84 Near Hazelton
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: 06/16/2018 at 2:05 p.m. Please direct questions to the District Office The Idaho State Police is currently investigating a crash eastbound Interstate 84 at milepost 188, near Hazelton. The eastbound and westbound lanes of travel are blocked. More information will be released as it becomes available. 3725 -------------
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A deficient Rule 11 plea colloquy, plain error imposition of a consecutive sentence and an upwards departure that lacked a reasoned explanation: United States v. Dawayne Brown, et al, _ F.3d _ (D.C. Circuit, No. 15-3056 (June 15, 2018).
Every time you are convinced you’re read it all, another one pops out of the hopper. Chief Judge Garland and Circuit Judges Kavanaugh and Millet’s’ eyeballs must have been bulging when they learned how the Government came across Dawayne (“Goon”) Brown and his associates in the PCP distribution trade. It turns out that one Louis Clifton walked into an MPD station and related what the per curiam decision describes as “an extraordinary story” that “[a]rmed men had taken over his apartment and were using the apartment to manufacture and sell PCP – all while Clifton continued to live there.” Mr. Clifton presented an account of enduring his unwelcome roommates, Mr. Brown and his friend, Keith Matthews, who were using his apartment for several weeks to make “dippers” of PCP-laced cigarettes and store the proceeds from selling dippers. The gendarmes then pounced and surprised Brown inside the apartment. They…
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Check Lease When Claiming Landlord Premises Liability
There are three factors that a personal injury claimant must prove in a case of premises liability: The defendant owed a duty to maintain the safety of the property; The defendant neglected its duty in the upkeep of the property; and The negligence is responsible for the injury that the plaintiff suffered. In a landlord-tenant relationship, the lease will often spell out each party’s responsibility for upkeep and safety. If a tenant is injured due to unsafe conditions on the rental property, he or she should examine the terms of the lease to understand whether the landlord can be held liable for the injury. Duty Owed The party responsible for maintaining the safe conditions of a property is often determined by who primarily uses the section of the property: Landlords may be responsible for the cleaning and inspection of public areas used by multiple tenants; and Tenants are likely responsible for their private living areas. A slipping hazard in an apartment…
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Rudy on the Prowl: Women First, Joe Biden Next
While third wife Judith insists Ruy is a "cheating liar" due to his relationship with Maria Ryan, which Rudy denies existed or occurred after their separation, Rudy is not deterred. In fact, Maria Ryan is so last week. This week Rudy is ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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A Meditation On Father’s Day
At age 57, I am now five years older than my father was when he died. For many years, I rarely thought of Daddy. Primarily, I thought about him every January 6, the anniversary of the day he died. Annually, this was a day upon which my mother and I have the same conversation, rehearsed and hushed. I loved him, and one might expect me to have thought of him more often, to have honored him, but I did not, at least not until recently. Before you draw too many conclusions, though, bear in mind that I could not see him clearly. Have you ever looked through the wrong end of a telescope? The object at which you gaze looks tiny, and slightly blurred at the edges. The object – a…
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Update 1 - Crash Blocks Interstate 84 Near Hazelton
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: 06/16/2018 at 3:34 p.m. Please direct questions to the District Office *****Update 1***** The westbound lane of Interstate 84 is no longer blocked. 3725 *****End of Update 1***** The Idaho State Police is currently investigating a crash eastbound Interstate 84 at milepost 188, near Hazelton. The eastbound and westbound lanes of travel are blocked. More information will be released as it becomes available. 3725 -------------
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Update 2 - Crash Blocks Interstate 84 Near Hazelton
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: 06/16/2018 at 3:39 p.m. Please direct questions to the District Office *****Update 2***** The eastbound lane of Interstate 84 is no longer blocked. 3725 *****End of Update 2***** *****Update 1***** The westbound lane of Interstate 84 is no longer blocked. 3725 *****End of Update 1***** The Idaho State Police is currently investigating a crash eastbound Interstate 84 at milepost 188, near Hazelton. The eastbound and westbound lanes of travel are blocked. More information will be released as it becomes available. 3725 -------------
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Opinion on the Constitutionality of Robert Mueller's Appointment Steven G. Calabresi Northwestern University - Pritzker School of Law Date Posted: 25 May 2018 3,895 2. The Writ-of-Erasure Fallacy Jonathan F....
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John Kunco Reflects on Fatherhood and Father’s Day After Spending 28 Years in Prison for a Crime He Didn’t Commit
In 1991, John Kunco was wrongfully convicted of rape. At the time, Kunco had a six-month-old daughter, Lauren Kunco. On May 23, 2018, his conviction was vacated based on new DNA evidence proving his innocence. At his release, Kunco reunited with Lauren, who’s now 27. For Father’s Day, the Innocence Blog interviewed Kunco about what fatherhood was like before, during and after he was wrongly convicted, and how his relationship with Lauren was affected. What was life like before you were wrongfully convicted? I had my own business as a metal refinisher. I also did plastering and painting on the side. I loved coming home from work every day to see my family. It felt good. Then it just disappeared. My daughter, Lauren, was born on July 3, 1990. If she had been born two minutes earlier, she would’ve been born on my birthday! How old was your daughter when you were wrongfully convicted? She was six months old. The last time I saw her before I was…
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Final Update - Crash Blocks Interstate 84 Near Hazelton
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: 06/16/2018 at 4:41 p.m. Please direct questions to the District Office *****Final Update***** On June 16, 2018, at approximately 1:46 p.m., the Idaho State Police investigated a five-vehicle injury crash westbound Interstate 84 at milepost 188, near Hazelton. The drivers and vehicles involved are: Joseph Seidel, 66, of Twin Falls, ID, driving a 1999 Ford F250 pickup pulling a fifth-wheel camper trailer. Joe Seymour, 68, of Marshall, MO, driving a 2018 Kia Soul. Mary Seymour, 67, of Marshall, MO, was a passenger in the vehicle. Ford Grigg, 58, of Meridian, ID, driving a 2007 Nissan Altima. Angela Metcalf, 35, of Lehi, UT, driving a 2007 Ford Explorer. David Grayson, 49,…
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**Final update** Two vehicle crash near Shelley
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 6/16/2018 5:05 p.m. Please direct questions to the District Office *****BEGINNING OF UPDATE***** The juvenile succumbed to their injuries at Eastern Idaho Regional Medical Center at 11:03 p.m. on Thursday, June 14, 2018. 3683 / 3933 *****END OF UPDATE***** On Thursday, June 14, 2018 at approximately 3:35 p.m., Idaho State Police investigated a two-vehicle, injury crash at the intersection of 1100 E and 1400 N, east of Shelley in Bingham County. Royce Samargis, 39, of Shelley was northbound on 1100 E in a Caterpillar Road Grader. A juvenile was behind the Caterpillar in a 2000 Ford Focus. The Ford attempted to pass the Caterpillar as it was turning left onto 1400 N. The Ford…
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What Really Happens to Drivers with Multiple DUIs in Illinois?
You have probably seen news stories about people who have been arrested for driving under the influence 10 or 15 times, and wondered, “15 DUIs? I thought Illinois was super-strict on DUIs. How was that person not already in prison?” In reality, Illinois law is very tough on driving under the influence. The state simply prefers to keep non-violent offenders out of prison, so they can be working and supporting their families, rather than being a huge financial burden on their fellow tax-paying citizens. In addition, multiple offenders often have records dating back to years when DUI laws and judges were far less strict than they are today. The Case of the Man with 15 DUI Convictions One Illinois citizen has had 15 DUI convictions dating back to 1982. His driver’s license was revoked years ago, but he continued to drive without a license, in at least one case showing police a fake ID. He has been arrested in at least 10 Illinois counties, been involved in…
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USCIS Creates New Internal Division to Crack Down on Lenient Immigration Caseworkers
U.S. Citizenship and Immigration Services (USCIS) has announced to that it is creating an internal division designed to more closely oversee its own immigration caseworkers. According to information obtained by the Washington Post, this move may be prompted by a desire to rein in caseworkers who are more lenient with individuals who are seeking residency or citizenship. While the 19,000 USCIS employees and contractors have received no information about the structure of the new division, internal information suggests that some employees are being quietly reassigned to the division. The new USCIS office, named the Organization of Professional Responsibility, will have three divisions to help oversee the estimated 26,000 immigration applications that USCIS adjudicates daily. One of these divisions will be an Investigations Division, which will investigate cases involving “fraud, waste, abuse, or misconduct by USCIS employees.” The new office will also have a…
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Man Shoots Rocks from Lawnmower Injuring Mother and Young Daughter
On Saturday afternoon a man allegedly used a riding lawnmower to shoot gravel rocks at his roommate’s family, leaving the woman and her 9-year-old injured and damaging a vehicle. 72-year-old Johnny Dewitt Manning of Galveston County, Texas, shares a residence with a divorced woman who is the mother of a 9-year-old daughter. The woman and her daughter were dropped off at their home by her ex-husband on June 9 just before 3:00 pm. Continue reading →
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