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At Age 59, IPNO Client Gerald Manning Experiences Freedom for the First Time in his Adult Life

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On June 19, 2018, Innocence Project New Orleans (IPNO) client Gerald Manning walked out of prison at age 59 as a free man—the first time he’s experienced freedom in his adult life. Manning spent 42 years in prison for a crime he did not commit. In 1977 at age 17, Manning was convicted of raping and murdering Vonda Harris. Manning confessed to the crime after police interrogated him for 33 hours without a lawyer or parent present. Manning maintained he had provided police with a false confession. The confession, however, became the only evidence used to convict him. At only 17 years old, Manning was convicted of attempted aggravated rape and second-degree murder and sentenced to life in prison. Manning was not alone in fighting for his innocence. Upon reading through the case, Harris’ daughter, Rhondalynn, became convinced of Manning’s innocence. To further investigate her mother’s murder, Rhondalynn took a job at the courthouse. “It [the…

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US v. Vera, No. 16-50364 (6-25-18)(Owens w/Wardlaw & Nguyen).  The 9th vacated and remanded a drug conspiracy sentence because the court relied upon evidence of questionable value in determining drug quantities attributable to each conspirator. Specifically, the district court relied primarily upon plea agreements of the co-conspirators, who pointed fingers at co-conspirators. This was a second remanding. The first time the 9th remanded because the Court relied upon a FBI agent’s so-called expert testimony as to what wiretapped conversations meant. The evidence there was unreliable. This time, the use of co-conspirators plea agreements were questionable. The statements were not self-inculpatory; they were products of negotiation and the government had an interest in skewing.  The government could have called the co-conspirators or provided other corroborating evidence besides the pleas or complaints or reports.The decision is…

Carpenter vs. United States: A Move in the Right Direction

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The United States Supreme Court sent shock waves to the criminal defense community with their decision in Carpenter V. United States on June 22, 2018. The decision ruled that access to a person’s historical cell-site records is a Fourth Amendment search because it violates the person’s “legitimate expectation of privacy in the record of his physical movements.” The court also held that accessing those records requires a warrant. To understand what this decision will mean to the people of the state of Michigan, we turned to leaders in the criminal law community to get their thoughts. Scott Grabel is the founder of Grabel and Associates which has earned a reputation as the top criminal defense firm in our state. Grabel was quoted as saying, “We need to understand that while this is a victory it is a narrow one. In Carpenter, we have a 5-4 decision and when you break down the specifics of the opinion, the court actually states that seven days or more…

Illinois Football Players Charged with Theft

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Two University of Illinois football players are currently in the news for more than their football skills. The two linebackers for the Illini stole a deer sculpture from a local park. The pair is being charged with theft with a value between $500 and $10,000. The two allegedly saw the sculpture on the ground when they were walking home, according to CBS Sports. The deer, named “Startled,” is estimated to be worth $5,000. After taking the sculpture from the park, the two football players placed the deer on their rooftop. The park district director says that steps and measures have been taken so that the deer cannot be placed on any other rooftops throughout the city. Theft in Illinois Overall, a theft charge is a serious offense that must be treated as such. Illinois law defines theft as when a person knowingly: Takes control of the property of another without proper authorization; Uses deception to obtain control of another’s property; Uses threat to…

When Your Child is Arrested

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When your child is arrested in NJ, it can be a frightening time.   From working with countless parents, I know how unsettling it is to receive a phone call informing you that your child has been arrested or the police are asking for them to be questioned regarding a criminal charge. A tornado of thoughts and concerns are sure to grip the parent as well as the child. Juveniles can be charged with the same statutory offenses as adults and the seriousness of the offense dictates where the matter is heard.  Often times an experienced criminal lawyer can avoid the matter being presented to a judge in a formal proceeding and instead have a referee or the Juvenile Conference Committee (JCC) hear the matter.  If your son or daughter is charged with possession of less than 50 grams of marijuana under N.J.S.A. 2C:35-10(a)(4), it may be possible to avoid a record and enter into a deferred disposition. If your child has been charged with shoplifting there are ways an…

Formal FDA approval for Epidiolex means some part of the federal government finds some part of cannabis plant has "accepted medical use"

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This new CNN piece, headlined "FDA approves first cannabis-based drug," reports on the big news from the federal government concerning a very specific form of medical marijuana. Here are the details: The US Food and Drug Administration approved a cannabis-based drug for the first time, the agency said Monday. Epidiolex...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/-w1_g9AjnlM" height="1" width="1" alt=""/>

What is Criminal Coercion in New Jersey?

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In New Jersey, there are multiple criminal offenses associated with domestic violence. You have heard of the usual suspects – assault, harassment, and stalking, just to name a few. But, one that you probably aren’t familiar with is criminal coercion. In fact, criminal coercion is something much larger than an act of domestic violence. It is the act of unlawfully forcing another person to do something through force or threat, otherwise restricting another’s freedom to engage or refrain from engaging in a specific action. According to N.J.S.A. 2C:13-5, criminal coercion can be specifically recognized by threatening to: Inflict bodily injury on anyone or commit any other offense; Accuse anyone of an offense; Expose any secret which would tend to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; Take or withhold action as an official, or cause an official to take or withhold action; Bring about or continue a strike,…

Crash Northbound US-95 near Old Fort Boise Road North of Parma

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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: 6/26/18 11:13 a.m. Please direct questions to the District Office Idaho State Police is investigating a crash on US-95 near Old Fort Boise Road, north of Parma. The north and southbound lanes are blocked. 3641 -------------

Drug Sniffing Dogs And Your Rights In Minnesota

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As drugs continue to plague Minnesota and the United States as a whole, law enforcement are looking into new ways to catch individuals in possession of drugs or drug paraphernalia. One method that has become more popular lately is the use of a drug sniffing dog. But what can these dogs detect, and how can they legally be used during an interaction with a citizen? We answer those questions and more in today’s blog. The Legality Of Police Drug Dogs Currently, the Minnesota State patrol has 15 drug sniffing dogs throughout the state, and they are trained to signal officers if they detect a certain scent, like a drug or an explosive. But can police officers use these dogs whenever they want during a traffic stop? To answer that question, we turn to a previous case out of Nebraska. The case is question is Rodriguez v. United States, and it went all the way up to the US Supreme Court. The case began when Rodriguez was pulled over by an officer for a driving infraction. The…

Rear-view Cameras and Motorcycles: Putting Bikers at Risk

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Rear-view cameras are a staple in newer vehicles, and they come in handy most of the time. However, this technology, just like all other technology, has it’s failings. One failing in particular, is the blind trust that many drivers have in it. Many rear-view cameras will beep if there is an obstruction in your path for backing up, so many people don’t think to actually look behind them. Therefore, when that object doesn’t register for your back-up camera, you are at risk of hitting someone or something. One object at particular risk, is a motorcycle. Motorcycles and Rear-View Cameras: Putting Bikers at Risk Bikers are already more difficult to spot Therefore, we must take added precaution when backing up. A back-up camera serves the purpose of aiding your backing up, not dictating it completely. So, it’s important that while your rear-view cameras play their role, you also take some responsibility in it. Keep in mind that disclaimer that…

Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC Announces 2017-2018 Scholarship Winner

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Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC recently completed the first round of our annual scholarship. We had a hugely successful round and received many applications from impassioned students all over the United States. With the many applications we received, one stood above the rest. Our 2017-2018 scholarship has been awarded to Stella Poxon. Stella Poxon remarkably completed high school early and will begin college at only 15 years old. She will be attending Swarthmore College in Pennsylvania this fall studying Educational Studies and Neuroscience. Her educational goal is to receive a Ph.D. in Education and work as a researcher studying the educational achievement gap from an interdisciplinary viewpoint. Stella is an advanced pianist, AP Scholar with honor, and a National Merit Commended Scholar. She has also received many other notable awards and mentions. Furthermore, she works as a volunteer literacy tutor helping children ages 7-10 improve and develop…

Did the Supreme Court Just Overrule Korematsu?

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The Supreme Court upheld Trump's travel ban this morning.  From the Wall Street Journal:The court, in a 5-4 opinion by Chief Justice John Roberts, said Tuesday that Mr. Trump didn’t violate the law last September when he put in place restrictions on U.S. entry by people from Iran, Libya, Somalia, Syria and Yemen, a measure he said was necessary to protect national security because those countries don’t provide sufficient information for U.S. officials to assess whether their nationals are a threat. It was his third version of the much-debated ban, earlier iterations of which had been struck down in various parts by the courts. Chief Justice Roberts wrote that U.S. immigration law clearly gives the president “broad discretion to suspend the entry of aliens into the United States.” He added, “The president lawfully exercised that discretion based on his findings—following a worldwide, multi-agency review—that entry of the…

Engel on Transparent Punishment

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Christoph Engel (Max Planck Institute for Research on Collective Goods) has posted Turning the Lab into Jeremy Bentham's Panopticon: A Lab Experiment on the Transparency of Punishment on SSRN. Here is the abstract: The most famous element in Bentham’s theory...

The Virginian-Pilot: She spent 3 months in jail despite a Norfolk police video proving her innocence

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The Virginian-Pilot: She spent 3 months in jail despite a Norfolk police video proving her innocence by Scott Daugherty She was allegedly in a video selling drugs. Only she wasn’t. They didn’t look for 114 days.

Guns and Ammo: Legally Storing, Moving, and Showing Them Off

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Guns and Ammo: Legally Storing, Moving, and Showing Them Off The laws surrounding firearms in Canada are not only complex but they also involve a variety of federal laws and provincial regulations. For this reason, this article does not address the regulations of provinces beyond Ontario, hunting laws, transfer & lending of firearms, licensing, prohibited ammunition, or possession offences. Similarly, it does not address replica, prohibited, or antique firearms. It especially doesn’t address the miscellaneous prohibited weapons under Part 3 of the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted (the “Regulations Prescribing Certain Firearms”) to the Criminal Code (the “Code”) such as morning stars, steel cobras, or knife-combs – but that list of obscure banned…

U.S. Supreme Court Determines Police Need a Warrant to Track Cell Phone Location

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Earlier this month, the United States Supreme Court issued a landmark opinion in a Fourth Amendment privacy case that will have a major effect on Massachusetts criminal investigations. The court’s holding was that police are required to obtain a warrant before they retrieve cell-phone tracking data from a cellular phone provider. The Facts of the Case The case related to a police investigation of a robbery that allegedly involved several people. The police made four arrests, and one of those men told police about several others who were also involved in the robbery. The man gave police the phone numbers of several of the alleged conspirators, including the defendant. Police took the defendant’s cell phone number, and filed a request under the Stored Communications Act to obtain his cell phone records. That Act allows for cell providers to hand over customer information when the government can show that there is a “reasonable belief” that it is…

What You Need to Know About The New Michigan State Police Roadside Impaired Test

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A few months ago, the Michigan State Police (“MSP”) announced the newest roadside impairment test implemented by various Michigan counties. While this program has been fairly shrouded in secrecy, our office has been working hard to figure out what this new testing procedure will entail and how you can avoid it! On June 15, 2018, I (along with Stephanie Achenbach and Charlotte Steffen) attended the Criminal Law Spring Conference with the Michigan Bar Association. One of the highlights of this program was a presentation by the Michigan State Police about their Roadside Drug Test program. What we heard during this presentation was truly shocking….. Do Not Admit to Alcohol or Prescription Drugs If you find yourself stopped by the police for a driving infraction, you will most likely be asked questions regarding your use of alcohol or drugs. Clearly, NO ONE SHOULD EVER ADMIT TO CONSUMING ALCOHOL. This is well-known, and many people follow this sound strategy.…

Pennsylvania Supreme Court Considers Whether Refusal Of Pennsylvania DUI Suspects To Submit To Blood Tests Is Proof Of Consciousness of Guilt

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Courts throughout the country continue to feel the repercussions of the Supreme Court’s recent ruling in Birchfield v. North Dakota, as they try to navigate the effects of the decision on current DUI case law and statutes. Birchfield held, in part, that increased criminal penalties could not be imposed on DUI suspects who refused to submit to a warrantless blood test. Currently, if a Pennsylvania DUI suspect refuses to take a blood test to determine his or her blood alcohol level, the prosecution can introduce the suspect’s denial as evidence of awareness of guilt at trial, under the implied consent law of the Pennsylvania motor vehicle code. Recently, the Pennsylvania Supreme Court granted an appeal on the issue of whether the terms of the implied consent law of the motor vehicle code violate the Pennsylvania Constitution and the Fourth Amendment of the United States Constitution, in light of the holding set forth in Birchfield. In Commonwealth v. Bell, police…

** Update 1 ** Crash Northbound US-95 near Old Fort Boise Road North of Parma

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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: 6/26/18 2:37 p.m. Please direct questions to the District Office ** Update 1 ** The north and southbound lanes are open. 3641 ** End Update ** Idaho State Police is investigating a crash on US-95 near Old Fort Boise Road, north of Parma. The north and southbound lanes are blocked. 3641 -------------

** Update 2 ** Crash Northbound US-95 near Old Fort Boise Road North of Parma

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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: 6/26/18 3:10 p.m. Please direct questions to the District Office ** Update 2 ** On Tuesday, June 26, 2018, at approximately 10:43 a.m., Idaho State Police investigated a two-vehicle crash on US-95 near Old Fort Boise Road, north of Parma. Gilbert G. Gonzalez, 66, of Parma was driving a 1997 Kenworth truck southbound on US-95. Brian M. Hankins, 36, of Wilder was driving a 2016 Freightliner truck pulling a trailer southbound on US-95. Gonzalez slowed to turn east onto Old Fort Boise Road. Hankins struck the rear of Gonzalez's truck. Hankins was transported via ground ambulance to St. Luke's Medical Plaza in Fruitland. Hankins was wearing a seatbelt and Gonzalez…
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