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Gross on Counsel at Pretrial Release Proceedings

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John Gross (The University of Alabama School of Law) has posted The Right to Counsel but Not the Presence of Counsel: A Survey of State Criminal Procedures for Pre-Trial Release (Florida Law Review, Vol. 69, 2017) on SSRN. Here is...

Innocence Project Attorney Nina Morrison Addresses Prosecutorial Misconduct in NYTimes Op-Ed

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Today, the New York Times published an op-ed by Innocence Project Senior Staff Attorney Nina Morrison examining a recent prosecutorial misconduct scandal involving Glenn Kurtzrock, a former homicide prosecutor in Suffolk County. In May 2017, Kurtzrock was caught withholding exculpatory material from Messiah Booker, a man charged with first-degree murder who had maintained his innocence. According to Morrison: Mr. Booker was arrested and spent more than 18 months in jail awaiting trial before his defense lawyer discovered that Mr. Kurtzrock had altered hundreds of pages of police records to remove a wealth of exculpatory information. That included evidence pointing to another suspect he knew Mr. Booker’s lawyer had been investigating. The prosecutor had also removed the covers of two police notebooks to make it look like his altered versions of the documents were the originals. Upon discovering Kurtzrock’s violation of Brady v. Maryland, the Suffolk County district…

Possession with Intent to Sell, Manufacture, or Deliver

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In Okaloosa county and Walton county, drug arrests are on the rise.  While possession alone is enough to warrant an arrest, under Florida Statute 893.13, no person is permitted to possess illegal substances (described in Florida Statute 893.03) with the intent to sell, manufacture or deliver.  Popular drug charges tend to involve marijuana, cocaine, and illegally obtained prescription drugs. With the increasing popularity of prescription drugs, arrests of this sort are on the rise. In order to be proven guilty of possession with intent, the prosecution must be able to prove three things:  The prosecution must be able to prove that the defendant possessed a certain substance or substances with the intent to sell. Substance was a controlled substance defined in section 893.03. Defendant had knowledge of the substance. It is important to note the definitions of the words “sell” and “possession.”  According to the state of Florida, the…

PA: Information from CI’s recording in the home not suppressible even though full conversation might be

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Recordings made in defendant’s house were not relied upon in issuing the search warrant for his house, so they can’t be a basis of suppression under the wiretap statute. As a Fourth Amendment matter, under Hoffa, the recordings made inside … Continue reading →

Crowdsourcing Legislation Raises Money for the Testing of Texas Rape Kits

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For years, a massive backlog of untested rape kits in Texas has hindered investigations and the potential exoneration of people wrongly convicted of sexual offenses. However, a new law that crowdfunds money for rape kit testing is making a dent in the problem. It collected almost $250,000 in its first five months, according to the bill’s author Rep. Victoria Neave. The massive backlog in the testing of rape kits was the catalyst for the legislation. The most recent data available from the Texas Department of Public Safety pointed to a backlog of more than 3,500 untested rape kits in the state, reported The Texas Tribune. Rape kits are gathered through painstaking exams of sexual assault victims. They cost $500 to $2,000 each. The high cost of the initiative has contributed to the backlog. The bill spearheaded by Neave allowed Texans who are applying for or renewing their driver’s license the option to donate $1 or more toward the rape kit testing…

What is Double Jeopardy? Can I Be Retried Again?

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I recently met with a client who had a jury trial for a Domestic Battery charge. After several days of a trial and deliberations, the jury could not agree on a verdict and the judge declared a mistrial. Shortly after the mistrial was declared, the prosecution decided that they would retry the client and he came to my office looking to hire me for the second trial. The client had several questions about what happens at a re-trial and weather Double Jeopardy applied to his case. I answered his questions and realized that people misunderstand what Double Jeopardy means. In order for you to be convicted of a crime by a jury, all 12 members of the jury must agree that you are guilty. At the same time, in order to be found not guilty of a crime by a jury, all 12 members of the jury must agree that you are not guilty. Their verdict must be unanimous. If a jury is unable to come up with a unanimous verdict, the Court will declare a mistrial. A mistrial does not necessarily mean that…

Appeals Court Addresses Co-Inhabitant’s Authority to Consent to Search of Shared Space

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In Commonwealth v. Hernandez, the Appeals Court affirmed the denial of the defendant’s motion to suppress a firearm seized by the police in the defendant’s apartment.  In its decision, the Appeals Court ruled that “the defendant’s coinhabitant … validly consent[ed] to a warrantless search of a closed, unlocked suitcase located in a common closet of a bedroom she shared with the defendant.” The basic facts were as follows. A police officer (Stilwell) “responded to a call [regarding] a domestic threat at the defendant’s apartment, and was met by Flor Prudencio, the victim. Prudencio shared the one-bedroom apartment with the defendant and their three children…. Prudencio reported that approximately three weeks earlier, she and the defendant had had an argument about the custody of the children. During the argument, the defendant told Prudencio that ‘if he wasn’t able to see the children … he…

President’s Family Separation Policy Wrong and Inhumane

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President Donald J. Trump is creating shameful “get tough” policies on illegal immigration that will be a blight on the American historical landscape for generations to come.   Zero Tolerance for Illegal Entry, No Mercy for Children   Part of Trump’s immigration enforcement efforts is known as “family separation policy”—a policy, according to PBS, that began percolating in March 2017 (just three months after Trump became president) and which permits the government to seize the children from parents who enter the country unlawfully and keep the children indefinitely confined in cages, pods, and enclosures.   This portion of Trump’s draconian immigration policy was formally rolled out to the public on April 6, 2018 by U.S. Attorney General Jeff Sessions when he announced a “zero tolerance policy for criminal illegal entry” into the United States by the U.S. Justice Department.   This new separation of…

Federal criminal charges for failing to disclose cash to a Customs officer

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It can be somewhat dangerous for people to travel in and out of the United States with large quantities of cash. Section 5316(b) of the Title 31 of the U.S. Code requires individuals to file reports with U.S. Customs when “knowingly transporting [or] being about to transport monetary instruments of more than ten thousand dollars at one time.” The failure to file such a report is a violation of 31 U.S.C. 5361(a)(1)(A), and if a Customs officer discovers an individual who has misrepresented the amount of cash he or she is carrying, that officer will almost certainly seize the cash for forfeiture in addition to arresting the defendant. Those individuals arrested for failing to disclose their cash may also be subject to the charge of lying to a federal agent, in violation of 18 U.S.C. § 1001. The penalties for this crime can be significant depending on the amount of cash that was being concealed. For most “bulk cash smuggling offenses,” the federal…

Interesting review of the "footprint" of marijuana prohibition and expungement prospects in Michigan months before full legalization vote

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The Detroit Free Press has this notable new article that includes interesting data on the bite of marijuana prohibition in the Wolverine State. The piece is headlined "Some marijuana convictions could disappear if voters approve legal pot," and here are excerpts: Untold thousands of Michiganders could be in line for...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/zJ8XIA46oNs" height="1" width="1" alt=""/>

Ailing "ice pick killer" in Texas, seeking to halt his scheduled execution, points to failed efforts in Alabama and Ohio

Enjoy The Ride, But Know The Risks

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All-Terrain Vehicles, also known as ATVs, make their way out of the garages and onto the trails once it’s warm and sunny. They can be a great way to entertain at a party, a fun getaway from the regular, and used as a way to get around a large farm, lead races, and travel off-road. As much fun as one can have with an ATV, there is ample risk involved as well. According to the Consumer Product Safety Commission, 135,000 ATV accidents occur in the United States each year, resulting in more than 700 ATV accident-related deaths. Between 100 and 150 of those killed are riders under the age of 16. Unfortunately, the “all-terrain vehicles” are not made for all terrains. They can be used to have a great time and give friends and family a thrilling ride, but the sad truth is many people who end up getting on them don’t know enough about them. Many ATV accidents involve negligence and recklessness of the person driving, or of another person nearby. The causes can…

Court 101: Terms and Phrases Every Defendant Should Know

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Being charged with a crime in Philadelphia can make even the strongest of people feel as if their world is collapsing. Wimmer Criminal Defense, the preeminent criminal defense law firm in Philadelphia, has put together the below guide to help you become acquainted with some of the terms you may hear as you navigate the criminal justice system. Appeal – a request asking another court to decide whether a hearing, motion, or trial was conducted properly Bench Trial – also known as a waiver trial, this is a trial without a jury in which a judge decides the facts Brief – a written statement in an appellate case that explains to the court why they should decide the case in favor of the defendant or the Commonwealth Case Law – these are decisions issued by courts; it is the law in cases that have already been decided Chambers – the office of a judge Clerk of Court – persons whom oversee the court’s administration. The Clerk of Courts assists…

State v. Jones and the Defendant’s Right to Speak at Sentencing

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A defendant has the right to address the court at sentencing.  Such statements are offered in mitigation of punishment, and typically include acceptance of responsibility and/or some showing of remorse for the underlying conduct.  The New Jersey Supreme Court recently addressed the parameters of this right in State v. Jones.  As the Court noted, there is relatively little case law on this issue, so the guidance offered by this opinion is valuable and worth a comment. Briefly, Jones and a co-defendant  were charged with the robbery of a woman and her daughter in a park in New Brunswick.  Jones subsequently pleaded guilty to first degree robbery and a second degree certain-persons-not-to-have-weapons charge.  The State’s sentencing recommendation was 15 years with an 85% parole disqualifier subject to the No-Early-Release Act, with a concurrent 7-year sentence on the certain persons charge.  At the sentencing hearing, defense counsel asked…

Colorado Gov. Signs Executive Order to Prevent Family Separation

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Colorado Governor John Hickenlooper signed an executive order today that prevents any state agency from separating a parent and child for immigration purposes. “The U.S. Department of Homeland Security’s policy and practice of... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Medical Marijuana Expansion in Louisiana: What To Know

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The Louisiana legislature recently expanded and revised the state’s medical marijuana laws. State law previously permitted doctors to issue physicians’ recommendation for cannabis to treat certain conditions, but made no provisions for patients to legally […] The post Medical Marijuana Expansion in Louisiana: What To Know appeared first on Bloom Legal.

Today's criminal law/procedure cert grants

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Issue summaries are from ScotusBlog, which links to papers: Timbs v. Indiana: Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment. Garza v. Idaho: Whether the “presumption of prejudice” recognized in Roe v....

Voyeurism Charges Pending for Man that Took Pictures under Women’s Skirt

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A man in Utah was arrested for voyeurism after he was caught taking pictures under women’s skirts at City Creek Mall in Salt Lake City. Creeping with a cell phone 41 year old Stephen Grogan of New Jersey, who is in Utah doing training with the National Guard was arrested last week after he allegedly […]

Dissent from cert denial in capital case in which instructions arguably diminished jurors' sense of responsibility

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Justice Sotomayor filed the dissent in Kaczmar v. Florida.

David Shapiro: “He (Winslow Jr.) Looks Like He Has Serious Mental Health Issues And Serious Violent Tendencies”

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Listen to what David P. Shapiro has to say about Kellen Winslow Jr.’s arrest on Ben and Woods. https://www.mighty1090.com/episode/david-shapiro-he-winslow-jr-looks-like-he-has-serious-mental-health-issues-and-serious-violent-tendencies/ The post David Shapiro: “He (Winslow Jr.) Looks Like He Has Serious Mental Health Issues And Serious Violent Tendencies” appeared first on Law Office of David P. Shapiro.
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