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Bloomberg Law: INSIGHT: Cracking Open a Can of Worms: Why Carpenter v. United States May Not Be the Privacy Decision That Was Needed … or Wanted

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Bloomberg Law: INSIGHT: Cracking Open a Can of Worms: Why Carpenter v. United States May Not Be the Privacy Decision That Was Needed … or Wanted by Chris Ott

Utah Man Arrested for Suspicion of Human Trafficking in Wyoming

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A Utah man was arrested in Wyoming for suspicion of human trafficking undercover police responded to a prostitution ad found online. “Hello, this is John” Undercover detectives in Cheyenne, Wyoming discovered an ad for prostitution on a website and arranged a meeting as a fake “John”. When officers arrived, two women on scene explained to […]

Pre-Plea Diversion

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Pre-Plea Diversion As of January 1, 2018, California courts are offering "pre-plea"diversion in some drug cases. The benefit of pre-plea diversion is that defendant's are not actually convicted of the charges and can earn a complete dismissal down the road. Prior to January of 1997, California offered diversion programs similar to the new law. After 1997, the law changed from "diversion" to "deferred entry of judgment". The difference between the two is that diversion does not require a plea to be entered prior to accepting this as a settlement. This means that the defendant is never "convicted" of the crime. In the deferred entry of judgment (DEJ) case, the defendant is required to enter a guilty plea to take advantage of the program. The defendant is legally convicted of the charge or charges and then must ask the court to let him withdraw his plea and dismiss the case at the end of the program. The…

HEIGHTENED DUI ENFORCEMENT OVER THE FOURTH OF JULY

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The California Department of Insurance just issued an advisory in preparation for heightened DUI enforcement over the July 4th holiday period. Noting that over half of vehicle fatalities involved multiple substances, including cannabis.  The CHP reports that there has been a 28 percent increase over the decade of fatalities involving some sort of drug, including prescribed drugs. In response to this uptrend, the Department of Insurance is sponsoring demonstrations where young drivers put on a suit that simulates being under the influence of marijuana and alcohol. The suited-up drivers then drive on a controlled course. The opportunity to suit up will also be offered to reporters, no doubt with the hope that their experience will be filmed and reported on in the local media. The vehicles that the suited-up drivers will operate will also be equipped with GoPro cameras. The footage captured will be made available to the media.   Also on hand for the demonstrations…

NEW LAW OFFERS PRETRIAL DIVERSION TO SOME OFFENDERS SUFFERING FROM A MENTAL DISORDER

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Most criminal convictions require a showing of intent or an understanding that an act or omission will result in the commission of a crime. This is expressed by the Latin term “mens rea,” which as “guilty mind.”  In common law and up to this day, this standard has been applied, even when it is clear that the defendant suffers from a mental disorder. (There is an insanity defense, but that is a very difficult defense to prove and can result in indefinite detention.) As our scientific understanding of the brain and the disorders that affect it advances and, indeed, as we reevaluate the concept of free will, it has become increasingly clear to many that not all criminal actors have a guilty mind. Recognizing that mental disorders often have a significant relationship to criminal offenses, the California Legislature passed a law that is effective immediately which attempts to make headway in how offenders with certain mental disorders including (but not…

DC Circuit Judge Brett Kavanaugh nominated by Prez Trump to replace Justice Kennedy

Man Charged For Sex Crimes After Playing Strip Game with Two Teens

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A man is facing charges after he was allegedly discovered engaging in long-term sexual relations with a 14-year-old girl with whom he resides. He was reported after the teenager had a 12-year-old friend over to the house to hang out, and the suspect was accused of participated in a game of Uno, but with the added element of stripping. The visiting girl reported the alleged inappropriate sexual behavior. When the authorities interviewed the young teenagers they each gave testimonies that caused the police to believe that the man, 23-year-old Kikin Rodriguez, was performing sexual acts with the underage girls and possibly engaged in a romantic coupling with the 14-year-old. The 14-year-old teen that lives in the same home as Kikin said that she had one sexual encounter with Kikin, but that nothing prior to that incident had ever transpired. She additionally said that she is not and was never involved with Kikin romantically. Continue reading →

Court upholds 2255 waiver provision

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Defendant Slusser entered a guilty plea back in 2011.  As part of the plea, he agreed to not file any "motions or pleadings pursuant to 28 U.S.C. section 2255."  Despite this, he filed one in 2012.  It was denied.  In 2016, after Johnson v. United States, 135 S. Ct. 2251 (2015), he filed leave to file a second or successive petition.  The Sixth Circuit granted leave to file a petition, and remanded to the district court.  The district court ultimately denied the motion.On appeal, the Government pressed the issue that Slusser had waived his right to file a 2255 petition as part of his plea agreement.  The Court determined that, in fact, the waiver provision was enforceable.  The Court further dismissed the claim that Slusser could not have voluntarily waived his right to attack a sentence above the statutory maximum.  The Court dismissed prior case law references by Slusser as dicta, and held "Slusser waived…

Midtown Community Court Summonses and Desk appearance Tickets

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Have you been issued a Desk Appearance Tickets (“D.A.T.”) or a summons directing you to appear in Midtown Community Court at 314 West 54th Street in Manhattan? If so, you’re probably wondering what to expect when you get there. In this blog, we cover some of the basics to assist those who find find themselves in the unfortunate position of being arrested and directed to appear in this particular Courthouse on a future date. First, Midtown Community Court was launched to specifically deal with quality-of-life offenses, such as: Prostitution; Continue reading → The post Midtown Community Court Summonses and Desk appearance Tickets appeared first on Firm News and Legal Information Center.

Delays in Green Card Processing Continue to Increase

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Since 2011, the processing of green card applications by the federal government has moved more and more slowly. Although the goal of the U.S. Customs and Immigration Services (USCIS) is to process green card applications within 120 days, USCIS simply is not meeting this goal. The delays caused Senator Claire McCaskill (D-MO) to request the Office of Inspector General (OIG) of the Department of Homeland Security (DHS) to review and report on green card processing timelines. In March, 2018, OIG issued a report with important findings related to the processing of green card applications. The OIG found that the average processing time for a green card application is 240 days, and that the USCIS goal of 120 days for processing is unrealistic. Furthermore, the OIG found that the information posted on the USCIS website about processing times was unclear and unhelpful for individuals who had submitted green card applications. For instance, the dates listed as “Processing Cases…

Did a Caretaker Hurt Your Loved One?

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When you entrust your loved one to a caretaker, you have certain expectations. First and foremost, you want someone who will take care of your family member in your place. You need a trustworthy person who is responsive and compassionate. So, what happens when the person you hire actually hurts your loved one? What can you do? In all probability, you may have preferred to take on the job yourself. However, caring for an aging parent or a disabled family member often means giving up gainful employment. Therefore, the hunt is on for either a nursing home or a private caretaker. You know it’s not easy. In fact, you almost feel guilty for passing on the challenge to the outside. Perhaps it’s your mother or father suffering from dementia. Each day represents some new encounter. Even your patience runs thin. With that said, you want the best for your family member. Unfortunately, that’s not always the case when you assign care to someone else. Take for example a…

LeSean McCoy Allegedly Beat Ex-Girlfriend, Son and Henry the Dog: Potential Crimes if Accusations by Friend of Ex-Girlfriend Valid and Occurred in New York State

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A friend of LeSean McCoy’s ex-girlfriend, Delicia Cordon, accused the Buffalo Bills’ running back of a horrifically violent attack that allegedly left Cordon hospitalized and bloodied. Beyond the claimed domestic violence she suffered at his hands, further assertions, by way of Instagram, lobbed at the athlete included the beating of his son, the pummeling of a pet dog and steroid use. Hours after the social media post, McCoy assertively denied the accusation and went as far as denying any physical, aka, “direct.” contact with Cordon for months prior. The question remains, however, if McCoy’s response that he had no contact with his ex doesn’t hold water, or corroboration exists as to these serious allegations, what charges could he face if he intentionally inflicted what appear to be quite frightening injuries on Cordon’s face? Even assuming probable cause does not exist to arrest McCoy or proof beyond a reasonable doubt to convict him…

The SEC’s Authority to Enforce the Bank Secrecy Act is Challenged

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In the past few years, the SEC has become increasingly active in bringing enforcement actions based on broker-dealers’ alleged failures to comply with requirements of the Bank Secrecy Act (BSA), in particular that requirement that they file “Suspicious Activity Reports,” or “SARs.” The SEC’s authority to bring such actions, however, has never been established by statute or appellate authority, and is being challenged in a petition for a writ of mandamus currently pending in the Second Circuit.  Though the procedural posture of that case makes it an unlikely vehicle for resolving the question, the issue it raises is likely to recur so long as the SEC continues to bring such enforcement actions despite its lack of any clear authority to do so.  Practitioners should be aware of this open issue so that it can be properly raised and preserved in BSA enforcement actions brought by the SEC. The SEC’s Lack of Civil Penalty Authority…

CPSB Family Law Attorney Kimberly Bryan is a Certified Family Law Arbitrator

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Cheshire Parker Family Law is pleased to announce that Family Law attorney Kimberly Bryan has been certified by the American Academy of Trial Lawyers as a Certified Family Law Arbitrator.  The AAML is the only organization in the country that trains matrimonial attorneys to arbitrate the unique issues that arise in family law.  Kimberly can arbitrate limited issues along with complex matters needing several days. No related content found.The post CPSB Family Law Attorney Kimberly Bryan is a Certified Family Law Arbitrator appeared first on Cheshire Parker Schneider & Bryan.

"The Trial Penalty: The Sixth Amendment Right To Trial on the Verge of Extinction and How To Save It"


‘What Happened to Justice?’: Rodney Reed’s Mother Responds to Supreme Court Decision Denying Her Son Access to DNA Testing

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“The state of Texas still wants to take my son’s life,” reads the first sentence of Sandra Reed’s opinion piece in the Statesman about her son, Innocence Project client Rodney Reed, who has served more than 20 years on death row for a murder for which he maintains his innocence. On June 25, 2018, the United States Supreme Court denied Mr. Reed’s petition to review the denial of his request for access to DNA testing by the Texas Court of Criminal Appeals. DNA testing, Mr. Reed and his attorneys argue, could provide dispositive proof of his innocence. Related: Expert Witnesses Admit Error in Case of Rodney Reed who has Served 22 Years on Texas Death Row, Prompting New Appeal Additional appeals raising new forensic evidence of Mr. Reed’s innocence remain pending. “A world-renowned pathologist testified that my son couldn’t have committed the murder. But the state of Texas refuses to DNA test all the evidence,” writes Ms.…

San Diego Criminal Defense Blog

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Stefano L. Molea- Criminal Defense Lawyer shares his expertise on his “San Diego Criminal Defense Blog.” Click the link to learn about the latest news on the criminal justice system and keep up to date on Stefano and the law office. https://sandiegocriminaldefenseblog.com The post San Diego Criminal Defense Blog appeared first on Law Office of David P. Shapiro.

TPM: Manafort Loses Fight Over Storage Unit Search In Virginia Case

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TPM: Manafort Loses Fight Over Storage Unit Search In Virginia Case by Tierney Sneed (opinion in story): A federal judge in Alexandria this week denied a request by former Trump campaign chairman Paul Manafort to throw out evidence obtained in … Continue reading →

Drug maker sues Nevada seeking to prevent state from using its drug in state's first execution in a dozen years

Mental Health Diversion

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Diversion: Mental Disorders I recently posted a blog about pre-trial diversion in low level drug offenses. If you haven’t read it, you should read that short blog before you start this one as it will give you some good background on diversion and deferred entry of judgment. Another great diversion program recently became available in California courts. Pre-trial diversion is now an option for people suffering from documented mental illness who are charged with certain crimes. The crimes must be non-strikes and can be either felonies or misdemeanors. Felony DUI’s are excluded from the program as are many sex offenses and some vehicular homicides. The new diversion is discretionary with the judge. After hearing from both the defense and the prosecution the judge gets to make the call as to whether the defendant is an appropriate candidate for a mental health treatment program that can go on for a maximum of two years. The court needs to make…
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