The Forward has an article titled "Why Stephen Miller Is The Most Hated Jew In America — By Fellow Jews" How did we get stuck with him? Michael Wolff, in his book Fire and Fury, says Steve Bannon, who brought him on board, used to refer... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Stephen Miller, Steven King: Birds of a Feather
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SCOTUS: Defendant May Waive Double Jeopardy by Moving to Sever Felon in Possession of Firearm Charge
Philadelphia Criminal Defense Lawyer Zak Goldstein The United States Supreme Court has decided the case of Currier v. Virginia, holding that a defendant may waive double jeopardy protections by consenting to the severance of criminal charges and moving for separate trials on different charges. Specifically, the defendant may waive his or her double jeopardy rights by moving to sever a felon in possession of a firearm charge from the other charges in a criminal case. The Facts of Currier v. VirginiaIn Currier, prosecutors charged the defendant with burglary, grand larceny, and unlawful possession of a firearm by a convicted felon in Virginia. Coincidentally, the defendant was not eligible to possess a gun because he had prior convictions for burglary and grand larceny. Because the defendant was charged with unlawful possession of a firearm by a convicted felon, prosecutors would have been allowed to introduce his…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. The Consensus Myth in Criminal Justice Reform Benjamin Levin University of Colorado Law School Date Posted: 16 Apr 2018 330 2. Pakistani Blasphemy Law between Hadd and Siyasah: A Plea...
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Demanda de Inconstitucionalidad contra la "Ley Mulder" Ministerio de Justicia
Si deseamos resolver una ecuación matemática que se nos plantee, necesariamente tenemos que tener conocimiento previos sin los cuales sería poco probable encontrar la solución. Las ciencias exactas o casi exactas se diferencian del Derecho porqué éste está destinado a los ciudadanos de una Nación, sólo se requiere saber leer, escribir y tener un mínimo de comprensión lectora, de manera que podamos conocer nuestros derechos, obligaciones y las consecuencias si se incumplen. Por esta razón, cuando una norma en cualquier nivel de gobierno genera preocupación entre los ciudadanos tendrá tantas interpretaciones como detractores o apoyo tenga. Sirva lo anterior como preámbulo a la crítica que, desde mi punto de vista, haré del documento del título. Libertad de expresión y de información son a juicio del Ejecutivo los…
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Demanda de Inconstitucionalidad contra la "Ley Mulder" Ministerio de Justicia 2da. parte
NOTA BENE: Las notas de fondo amarillo corresponden a mis comentarios. Cualquier otra forma de resaltar el texto sólo se debe a mi propia elección con el objeto de invitar a la reflexión- Escrito Nº : 01 Cuaderno : Principal Sumilla : Demanda de inconstitucionalidad SEÑOR PRESIDENTE DEL TRIBUNAL CONSTITUCIONAL LUIS ALBERTO HUERTA GUERRERO , Procurador Público Especializado en Materia Constitucional, designado por medio de la Resolución Suprema N.° 024-2017-JUS/CDJE e identificado con D.N.I Nº 09338035, en representación del Poder Ejecutivo, me apersono ante el Tribunal Constitucional para interponer demanda de inconstitucionalidad contra la Ley Nº 30793 , Ley que regula el gasto de publicidad del Estado peruano, expedida por el Congreso de la República. 1. APERSONAMIENTO Y PETITORIO 1. Al amparo de los artículos 47º y 203º de la Constitución Política…
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Will Judges Be Allowed to Continue Administratively Closing Certain Deportation Cases?
Under a longstanding practice called “administrative closure,” immigration judges essentially can grant a reprieve to certain undocumented immigrants who have lived in the U.S. for many years, who have developed strong family ties in American communities, and who have not committed any serious crimes. Although this practice does not grant any sort of legal status to an immigrant, it does permit him or her to remain in the country and often be eligible to legally work. However, the government can reopen their deportation cases at any time. One benefit of this practice is that it helps deportation cases move through heavily-backlogged immigration court system more quickly. It also allows the government to focus on immigrants who have committed serious crimes, rather than those who have lived and worked in American without incident for many years. Now, the Trump administration has announced that it will largely eliminate the practice as part of its crackdown on…
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Supreme Court: Warrant Required to Access Cell Site Location Information
In a 5-4 decision, the Supreme Court held that police generally need a search warrant to gain access to your cellphone’s location information. Specifically, the Court noted allowing the police to access minute-to-minute location information is the type of surveillance the Constitution’s framers sought to protect against without a search warrant. The Court went on to say giving police this tracking information without a warrant would be akin to making someone wear an ankle-monitor without a judge’s order. The Fourth Amendment and Cell Site Location Information The Fourth Amendment protects your property interests and provides for some privacy protections. The text of this amendment states that you are protected from unreasonable searches and seizures, and that you, your home, your papers, and your things are secure and protected from warrantless search. Furthermore, warrants are to be issued only when probable cause is found, supported either by oath or other…
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Supreme Court: Warrant Required to Access Cell Site Location Information
In a 5-4 decision, the Supreme Court held that police generally need a search warrant to gain access to your cellphone’s location information. Specifically, the Court noted allowing the police to access minute-to-minute location information is the type of surveillance the Constitution’s framers sought to protect against without a search warrant. The Court went on to say giving police this tracking information without a warrant would be akin to making someone wear an ankle-monitor without a judge’s order. The Fourth Amendment and Cell Site Location Information The Fourth Amendment protects your property interests and provides for some privacy protections. The text of this amendment states that you are protected from unreasonable searches and seizures, and that you, your home, your papers, and your things are secure and protected from warrantless search. Furthermore, warrants are to be issued only when probable cause is found, supported either by oath or other…
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Drunk Couple Charged for Having Sex in Public During Rush Hour
A man and woman who were reportedly intoxicated and in the act of having sexual intercourse on the ground and in plain sight of the many travelers passing the high-traffic area are facing charges for the allegations. 48-year-old Tony Willis and 42-year-old Verna LeClair are lovers that reside in the Oklahoma City area. On June 15, during rush hour traffic around 5:30 pm, Willis and LeClair were allegedly seen under a tree in the vicinity of a local tire shop. The spot that they had chosen to occupy was reported as fully visible from both sides of the busy street where it was located. Continue reading →
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The Penalties for Not Paying Child Support in Georgia
If you fail to pay child support in Georgia, you could face some serious consequences, ranging from being in contempt of court to losing your driver’s license. While both parents are under an obligation to support their children, one parent will usually make child support payments after a divorce or in the case of a separation when the parents were not married. Judges have the power to punish parents who fail to comply with child support orders. Parents who already have a court order directing their child’s other parent to pay support who aren’t receiving the payments can bring a motion for enforcement in superior court asking the court to issue additional orders and hold the non-paying parent in contempt of court. If a court finds the non-paying parent is in contempt, a judge could impose fines and even jail the parent. The consequences of not paying child support in Georgia Typically, parents who are not receiving child support payments can serve a motion on…
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Common Examples of Sexual Assault Charges in ...
Sexual assault is often a confusing crime because the definition that most people understand may not match up with the legal definition. Most people think of “sexual assault” as unwanted touching, or they may consider “sexual assault” a euphemism for rape. Sometimes the best way to understand a crime is to look at examples of the offense. The Ventura sexual offense attorneys at The Law Offices of Bamieh and Erickson explain the definition of sexual assault and some examples of the offense under California law. Definition of Sexual Assault and Sexual Battery in California CA Penal Code § 243.4 contains the definition of sexual “assault and battery.” The term “battery” in legal definitions often describes the offense of actually touching someone. “Assault,” instead, covers the apprehension of the touch. This crime could be more properly called “sexual battery,” but…
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Members of Staten Island drug ring plead guilty to oxycodone distribution charges
Three Staten Island residents pleaded guilty to various drug charges involving oxycodone and heroin. They were among nine people arrested last February and charged for their roles in a drug ring that operated in the New York borough. Husband and wife duo Glenn and Maria DePaolo pleaded guilty to acquiring oxycodone by fraud in Brooklyn federal court. Carol Monforte was charged with conspiracy to distribute and to possess with intent to distribute oxycodone. They will be sentenced in September. Law enforcement said the drug scheme took place from September 2016 to February last year. The arrests occurred after a long-term investigation into oxycodone and heroin trafficking on Staten Island. Law enforcement worked with a confidential source who purchased heroin from one of the defendants. Other ring members charged include lifetime parolee Michael Calabria and his brother Joseph Calabria. Authorities said they had wiretap evidence in which Joseph Calabria was heard discussing…
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Minnesota Woman Earns DUI In Fitting Shirt
A 34-year-old Minnesota woman was arrested earlier this month for driving under the influence while wearing a shirt that read “Alcohol you later.” According to the police report, police arrived on the scene of an accident in Ham Lake last Friday. The vehicle had gone off the road and become stuck in the ditch. When officers approached the scene, they made contact with Katharine Marie Luedtke, who claimed that she was not the driver of the vehicle. However, shortly thereafter she told police that was was driving the car on her way to pick up a relative at the time of the crash. Based on their interaction, and quite possibly by her novelty drinking shirt, police suspected that Luedtke was under the influence of alcohol. She was asked to take a preliminary breath test, which revealed that she had a blood alcohol concentration of 0.175, more than twice the legal limit. She was placed under arrest and taken to the police station. Not Her First DUI Luedtke was officially…
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Chris Hardwick is a Perfect Example of Why False Allegations Hysteria Must be Stopped
Since the #MeToo movement gained momentum, many women have accused men of sex crimes — but not all are guilty. Even so, men are quickly deemed guilty in the “court of public opinion” and by employers, long before legal due process. Take the case of famous TV host and comedian Chris Hardwick. Hardwick’s ex-girlfriend, actress Chloe Dykstra, wrote a thinly veiled essay for Medium claiming an unnamed ex had sexually assaulted her. Having been her boyfriend from 2011 to 2014, Hardwick was quickly targeted as the villain. Hardwick, age 46, who’s now married to model and heiress Lydia Hearst, denied the accusations and revealed that he’d broken up with Dykstra because she cheated on him. Even so, his show Talking With Chris Hardwick was abruptly canceled by AMC, which also airs his The Talking Dead shows after airings of megahits The Walking Dead and Fear the Walking Dead when they’re in season. Also, Nerdist, a company Hardwick founded,…
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"Outraged By Kids In Cages? Look At Our Entire Juvenile Justice System."
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**Update** Injury Crash SH8 at milepost 22.3 west of Deary
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: 06/22/2018 10:38 Please direct questions to the District Office ***UPDATE*** Wyatt J. Yager died at Sacred Heart Medical Center on 6/21/18 from injuries sustained in the crash. On June 17th, 2018 at 04:43 am, the Idaho State Police responded to a one vehicle injury crash on SH8 at milepost 22.3, west of Deary, Idaho. Wyatt J. Yager, 20 yoa, of Moscow, Idaho was westbound on SH8 at milepost 22.4, driving a gray 2008 Honda Civic, when he went into the oncoming lane, overcorrected and went off the right side of the road. Yager was not wearing his seatbelt and was ejected from the vehicle. He was transported by ambulance to Gritman Medical Center in Moscow…
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I am a Victim of Extortion, Blackmail, Revenge Porn and Harassment: Important Steps to Protect Yourself
How do I stop an ex from humiliating me with Revenge Porn or “”Sextortion” by sending intimate images to my co-workers and family? What steps can I take to stop a person from Blackmailing me? I am being harassed and extorted by a former business associate. Should I report the Extortion to the police or are there other methods to stop my victimization? All reasonable questions, even if the answers are not always easy, know that there are numerous actions that you can take regardless of whether you engage a Blackmail defense lawyer or Revenge Porn attorney. In short, while not a complete list of questions and answers, securing formidable evidence and allowing your abuser to “hang” him or herself is invaluable to cease your Extortion, Coercion, or other harassment no matter if you pursue protection with the assistance of the police or retain private legal counsel. In fact, taking the proper steps to preserve evidence as early as possible will provide…
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Jochnowitz on Intellectual Disability and Capital Jurors
Leona Deborah Jochnowitz (Northern Vermont University, Johnson State College) has posted Whether the Bright-line Cut-off Rule and the Adversarial Expert Explanation of Adaptive Functioning Exacerbates Capital Juror Comprehension of the Intellectual Disability on SSRN. Here is the abstract: This paper...
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Defendant Granted New Trial Due to Commonwealth’s Failure to Preserve and Produce Video of Incident
In Commonwealth v. O’Neal, the Appeals Court reversed the denial of the defendant’s motion for a new trial on an indictment charging him with assault and battery by means of a dangerous weapon, because the Commonwealth failed to preserve a videotape of the incident. The background was as follows. Police officers responded to reports of an altercation outside a bar. At the scene, the defendant “was yelling at” some other people. He was “unsteady on his feet, smelled of alcohol, and had slurred speech. Concluding that the defendant was intoxicated, the officers placed him into protective custody … and transported him to the police station…. Once at the station garage, the defendant was unwilling or unable to exit the cruiser. The officers therefore pulled him out of the vehicle, and placed him on the ground after he could not, or would not, stand. At that point, the officers radioed their supervisors inside the station…
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Supreme Court Rules SEC Staff Picked Administrative Law Judges Were Unconstitutionally Appointed
This guest post was authored by Daniel Baker, a summer associate with Montgomery McCracken. On June 21, 2018, the United States Supreme Court answered a seemingly straightforward question in Lucia v. SEC: whether the SEC’s in-house administrative law judges are “officers,” or “employees.” Distinguishing between the two categories is important because “officers” must be appointed through specific procedures set forth under the Constitution’s Article II Appointment Clause. Under this clause, individuals who are deemed to be “officers” must be appointed by the President, the courts, or head of their respective department. Such procedures do not apply if ALJs are deemed “employees,” however, allowing for a less stringent selection procedure defined by Congress. The Supreme Court ruled the SEC ALJs are officers, meaning they were unconstitutionally appointed by SEC staff members. The SEC…
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