Isn't it about time AG Jeff Sessions stops talking about "surging violent crime"?
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Your Legal Guide to Underage Drinking in Texas
Underage drinking continues to be a major problem in Texas. That’s why we’ve prepared Your Legal Guide to Underage Drinking in Texas. Texas’ numerous laws and penalties associated with underage drinking reflect the legal bottom line. The state of Texas takes underage drinking extremely seriously. If you, a relative, or friend is considering consuming, possessing,… Read more about Your Legal Guide to Underage Drinking in Texas The post Your Legal Guide to Underage Drinking in Texas appeared first on The Law Office of Matthew D. Sharp.
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Understanding the Law of Making Graffiti in New York, Part 1
While many some may view graffiti and “tagging” as a form of art, the City of New York, the New York Police Department and local District Attorneys beg to differ. In this blog we discuss the various application charges that are usually filed in a case involving the arrest of a person accused of making graffiti, which often includes “tagging” or painting on public property or the property of others. It should be noted that any arguments that a graffiti artist is merely intending to “improve” the property he/she marks will fail if the owner of the property has not provided consent. APPLICABLE GRAFFITI LAWS Making graffiti on property without the owner’s permission to do so is a class A misdemeanor in New York State, punishable by up to one year in jail. Over the years the city has taken steps to combat graffiti writing and enforce this law, with the New York City Police Department going as far as to create an anti-graffiti task force in…
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Orange County Psychiatrist Arrested on Federal Charges Alleging Illegal Prescriptions for Opioids Without Legitimate Medical Need
The use of undercover officers who pose as "patients" are standard where physicians are charged with prescribing without legitimate medical necessity. A recent case used at least one undercover officer in its investigation.A psychiatrist Dr. Robert Tinoco Perez who practices at a Santa Ana clinic was arrested on June 30, 2018 by special agents with the Drug Enforcement Administration on federal charges that allege he issued prescriptions for scheduled drugs, such as the opioid oxycodone, without a medical purpose. Dr. Perez was named in a 14-count indictment returned by a federal grand jury on June 27. An indictment contains allegations that a defendant has committed a crime and is not evidence. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt in court.The indictment charges Dr. Perez with selling prescriptions to drug customers, as well as to brokers who allegedly sold the drugs…
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Understanding the Law of Making Graffiti in New York, Part 2
In this blog, we continue our discussion of the common criminal charges people face when accused of Making Graffiti. In Part 1 of this series, we discussed the various elements of Making Graffiti and Possession of Graffiti Instruments. However, in cases where actual damage is caused to property, arrestees may find themselves faced with yet another charge for “Criminal Mischief” [Penal Law §145.00] (note that the Graffiti statute only requires intent to damage property). Once again, any argument that graffiti is “improving” property, absent permission by the property owner, will fail and graffiti that defaces property is deemed to also damage it. Any damage to property, regardless of the dollar amount of such damage, is covered by Criminal Mischief in the Fourth Degree, which is a class A misdemeanor punishable by up to one year in jail. In cases where the damage exceeds $250.00, the charges can be elevated to Criminal Mischief in the Third…
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Former Pakistani PM Nawaz Sharif Sentenced to Ten Years for Corruption
Pakistan’s National Accountability Bureau court delivered a verdict sentencing former prime minister Nawaz Sharif to ten years in prison and fining him eight million pounds. His daughter Mariam Safdar and her husband were also implicated. The family was accused of illegally acquiring wealth through their offshore companies in order to purchase expensive properties in London. Mr. Sharif has been prime minister three times—the first ended in his resigning due to military pressure and the second ended with an army coup. The third culminated a year ago when the Pakistani Supreme Court removed him from office. Five months ago, the court barred him from holding public office for the rest of his life. The information that led to the conviction stemmed from the Panama Papers leak, and first reported by the International Consortium of Investigative Journalists (ICIJ). The Sharifs were long suspected of corruption, tax avoidance, money laundering, and ownership of…
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Senate Confirms Head of USDOJ Criminal Division
The U.S. Senate today confirmed Brian Benczkowski as head of the criminal division of the Department of Justice, Sadie Gurman reports for the WSJ.
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May a Defendant Appeal an Infraction to Superior Court?
Suppose a defendant is found responsible in district court for one of the many infractions codified in Chapter 20. Take your pick: speeding, a seat belt violation, jaywalking, improper passing, or one of the many other non-criminal motor vehicle offenses. The defendant wishes to appeal that adjudication. May she appeal the case to superior court? My answer is no. A few more words are required to explain why. What, exactly, is an infraction? An infraction is a non-criminal violation of the law punishable by a fine but not punishable by imprisonment. See G.S. 14-3.1(a). Even though infractions are not crimes, they are, in many respects, processed in court like misdemeanors. See G.S. 14-3.1(b), G.S. 15A-1111 – 1118. Indeed, G.S. 15A-1111 provides that if a question of procedure is not addressed in the article of Chapter 15A that specifies procedures for infractions, the procedures for misdemeanors in district court apply (unless they are clearly inapplicable to…
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My Support for Judge Kavanaugh
Investigating President Trump’s nomination for the Supreme Court, Judge Brett Kavanaugh brought back memories of law school and a nettlesome problem I observed in America. Here’s how I came to believe a Justice Kavanaugh will be good for America. As part of being on law review all members write a piece called a “note”. It’s […]
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Lots of notable new pieces examining (just some of) the dynamic modern politics of marijuana reform
As regular readers likely know, I find the modern politics of modern marijuana reform fascinating. And I still believe too few people have given enough consideration to how the modern politics of modern marijuana reform may have significantly impact the 2016 election (as I discussed in a long-ago post "Voter...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/q9todkyAucA" height="1" width="1" alt=""/>
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Method of Execution Notes
Alabama: The parties yesterday jointly moved to dismiss with prejudice the case of In re Alabama Execution Protocol Litigation, No. 2:12-cv-316-WKW. On March 22, 2018, the governor signed a bill making nitrogen hypoxia available as a method of execution, at the option of the inmate. All the plaintiffs made the election, so their challenge to Alabama's lethal injection method is moot.Nevada: The drug company that makes midazolam got a judge to halt the execution of double murderer Scott Dozier, on the remarkable ground that "it will suffer damages to its business reputation which will impact investor relations and customer relations." And that overrides justice in a murder case? The Attorney General will file an emergency appeal to the Nevada Supreme Court, but it will be too late to carry out the scheduled execution tonight. David Ferrara has this report for the Las Vegas Review-Journal.California: With the California Attorney General dragging…
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"Guns N’ Ganja: How Federalism Criminalizes the Lawful Use of Marijuana"
The title of this post is the title of this notable new article authored by Ira Robbins now available via SSRN. Here is its abstract: Federalism is a vital tenet of our Republic. Although federal law is the supreme law of the land, our Constitution recognizes the integral role that...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/oWq8wt7FO0s" height="1" width="1" alt=""/>
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Drug company succeeds in getting Nevada execution using its drug postponed
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Injury Crash Near Wye in Pocatello
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 07/11/2018 5:39 p.m. Please direct questions to the District Office Idaho State Police troopers are currently investigating an injury crash at the intersection of southbound Interstate 86 and westbound Interstate 15. There is currently no blockage in the area. More information will be released as it becomes available. 4055 / 3413 -------------
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A JUROR WRITES ABOUT BEING A JUROR IN THE REGJB
We received an email from a civic minded citizen who wrote about his recent experience as a juror in the REGJB. As is our wont, we responded asking if we could use the email and if he wanted us to use his name or not. He responded. Here is the second email authorizing us to use his name: Dear Mr Roark: First, I like the blog; you are congratulated, but, most of all, your contributors must first be congratulated for without them you would just be spitting into the wind.Now, you may only use my comment exactly as written and only with my name. As for civic duty, be aware that I will be 81 years old in three weeks, have never been able to serve before by occupation even though being a resident of Dade County (Miami-Dade, ugh) since 1973. …
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UPDATE: Injury Crash Near Wye in Pocatello
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 07/11/2018 8:43 p.m. Please direct questions to the District Office ***UPDATE**** On July 11, 2018 at approximately 2:54 p.m. the Idaho State Police began investigating a crash at the intersection of southbound Interstate 15 and westbound Interstate 86. Trisha M. McCraw, 35, of Idaho Falls, was travelling southbound on Interstate 15 in a 2002 Volvo V70 when her vehicle collided with an ITD tractor and mower, driven by Steve J. Christ, 59, of Inkom, at milepost 72.3. McCraw's vehicle then went off of the road into the gore, continued past the ramp and went down an embankment. The vehicle came to rest in a ditch off the roadway. McCraw was transported to Portneuf Regional…
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Four Children Assist in Stealing Car Batteries from Walmart
At a Georgia Walmart on the 4th of July, a minivan carrying a man, a woman, and four female children was seen on surveillance as the children allegedly helped the adults illegally take car batteries from the business and put them into the vehicle. After the discovery that the store appeared to be missing several car batteries, and while investigating the cause of the loss on their security video footage, a minivan with six individuals was seen parked near one of the inventory storage areas located on the outside of the building. Four little girls, the youngest suspected as being 5 or 6-years-old, were reportedly shown removing the batteries from the secured storage place after the adult woman accompanying them allegedly smashed the lock off using what was appeared to be a hammer. Both of the adults also purportedly took part in packing the batteries into the vehicle. Continue reading →
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Ava DuVernay’s ‘Central Park Five’ Netflix Miniseries Announces All-Star Cast
Ava DuVernay will write and direct a four-episode narrative series about the Central Park Five case that will premiere on Netflix in 2019. The series will document the notorious case involving five teenagers of color who were convicted of a 1989 rape they did not commit. Related: Can You Answer 12 Questions about the Central Park Five Case? In 1989, Yusef Salaam, Kevin Richardson, Antron McCray, Raymond Santana and Korey Wise were wrongfully convicted of the 1989 rape and assault of a female jogger in Central Park. The five youths, who were all between 14 and 16 years old at the time, each falsely confessed or made admissions to the crime after hours of interrogation. The false confessions, along with faulty forensic evidence, were used as evidence to convict them. Related: Central Park 5 Members Launch #EndNYWrongfulConviction Campaign in Sarah Burns Produced Video Salaam, Santana, Richardson and McCray spent approximately five years in prison;…
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The Dangers of Eyewitness Identification
Why might some eyewitness testimonies be unreliable? Eyewitness testimony is often among the most convincing evidence to be presented at trial. In some 75,000 cases across the nation, eyewitness testimony is the crux of the case. While eyewitness testimony has long been considered convincing, scientific advances have called into question the reliability of this common type of evidence. In fact, false eyewitness testimony is now widely considered the number one cause of wrongful convictions. Our West Palm Beach criminal defense lawyers explore the dangers of eyewitness testimony and how you can contest the eyewitness evidence presented against you below. Eyewitness Testimony Is Often Unreliable In a study conducted by the University of Virginia Law School, it was discovered that eyewitness misidentifications contributed to at least 76 percent of cases later overturned by DNA evidence. Researchers have identified several causes of false eyewitness…
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Idaho State Police news release - Search warrants served on several businesses in the Coeur d'Alene area suspected of trafficking in unlawful alcohol beverages
For Immediate Release, July 11, 2018 Contact: Tim Marsano, ISP PIO, 208.884.7122 Idaho State Police news release - Search warrants served on several businesses in the Coeur d'Alene area suspected of trafficking in unlawful alcohol beverages On July 10, 2018, detectives from the Idaho State Police Alcohol Beverage Control office along with Idaho State Tax Commission, Washington State Liquor and Cannabis Control Board and Kootenai County Prosecutor's Office served several search warrants in the Coeur d'Alene, Idaho area. The search warrants covered two businesses and a personal residence. The warrant service was in support of an investigation into the illegal importation and distribution of alcohol in northern Idaho in violation of Idaho Code Title 23, Chapter 6. One search warrant was served at Castaway Cellars, 206-210 Sherman Ave., Coeur d'Alene, where approximately 225 cases of wine in different varieties were seized. Another warrant was served at…
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