In response to episodes where two different parolees being supervised by ankle monitors reportedly committed murder, one of them allegedly killing three people, law enforcement officials in Houston have been blaming TDCJ for not notifying them more promptly that a potentially dangerous parolee wasn't being monitored. From the Houston Chronicle:Harris County Sheriff Ed Gonzalez said the current system reveals communication gaps between TDCJ and local law enforcement. “There has to be a better way to identify those individuals that are parole violators who pose a serious threat to public safety,” said Gonzalez. Rodriguez’s case is not the only one in recent days that raised concerns about the monitoring of dangerous parolees. Earlier this month, parolee Garry Jenkins, 56, slipped out of his house after curfew — a violation that should have been detected by the ankle monitor that was a condition of his parole — and later allegedly…
Do ankle monitors on parolees make anyone safer?
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Scott et al. on Young Adult Offenders
Elizabeth S. Scott, Richard J. Bonnie and Laurence Steinberg (Columbia University - Law School, University of Virginia - School of Law and Temple University - Department of Psychology) has posted Young Adulthood as a Transitional Legal Category: Science, Social Change...
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Off-Road Rules: Recreational Vehicle Crimes
Most people understand that operating a motor vehicle, like a car or truck, while under the influence of drugs or alcohol is a crime. There are also many other types of crimes and traffic infractions associated with motor vehicles, like Driving to Endanger, Failure to Maintain Registration, Reckless Conduct, and more. What some people fail to realize is that many of these same crimes can be charged when you are driving a boat, all-terrain vehicle (ATV), or a snowmobile. While technically not considered a “motor vehicle”, these recreational vehicle crimes have very similar consequences as motor vehicle crimes when convicted and as such, it is important to know the rules of the “off-road.”
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Criminal Defense Lawyers in Atlanta and Elsewhere Grapple with Unfair Sentencing Guidelines
I’m working on a case with a very talented Atlanta-based criminal defense lawyer. Our clients were accused of and later convicted for fraud involving several businesses. These are a somewhat different type of white collar offense, for some of the crimes are what we call “securities fraud”, meaning fraudulent conduct relating to the offering or sale of what most people call “stocks”. However, our clients are going to be sentenced soon, and we are preparing for the upcoming sentencing hearing. This other attorney and I are running headlong into the extraordinarily unfair sentencing guidelines in these type of federal cases. Although the Guidelines are extremely unfair, we discovered that a lot of federal judges have been extremely critical of these Guidelines and have extensively criticized this approach over approximately the past decade. First, a little history (those who know me remember that I majored in history and…
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D.Conn.: Posting things to Facebook is a waiver of any REP, even in a “friends” setting
By posting to Facebook, even with a friends only setting, defendant waived his reasonable expectation of privacy in his postings. On the merits of the search warrant for Facebook, probable cause was shown. United States v. Westley, 2018 U.S. Dist. … Continue reading →
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Nationwide Injunctions
Jason Riley has this column in the WSJ.When a federal district court in Texas issued a nationwide injunction in 2015 that halted the implementation of President Obama's amnesty program for illegal-alien parents of U.S. citizens, many on the political right cheered. Two years later, when a federal district court in Maryland issued a nationwide injunction that blocked President Trump's efforts to place restrictions on transgender people serving in the military, it was the left's turn to celebrate. In recent years national injunctions have somehow become all the rage, even though it's not clear they are constitutional. Traditionally, an injunction requires the parties in a case--and only those individuals--to continue or cease particular actions. What makes national injunctions distinct and controversial is that they apply to people who are not parties in the case. And state attorneys general now regularly use them as political…
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California Pharmacy Pays $75,000 Settlement for Failing to Keep Accurate Records of Controlled Substances Inventory
As part of the Drug Enforcement Administration's (DEA) increased enforcement on prescription addiction and prescribing, pharmacies are facing an increased number of inspections and audits on their inventory and recordkeeping. Recently, in June 2018, a pharmacy in Lakeside, California known as Archana Corporation doing business as Leo’s Lakeside Pharmacy and its owners paid $75,000 to resolve allegations that they failed to properly account for controlled substances. This is a civil settlement but it can also raise issues with the Pharmacy Board. Failure to comply with DEA rules and regulations can result in fines or loss of DEA permit. Schedule II prescription and inventory records must be available for two years. It is always a good idea for pharmacies to review their procedures and ensure that these records are being maintained properly since an audit can turn into an expensive and time-consuming dispute with the DEA and create…
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Rosenthal on The Case for Surveillance
Lawrence Rosenthal (Chapman University, The Dale E. Fowler School of Law) has posted The Case for Surveillance (The Cambridge Handbook of Surveillance Law (David Gray & Stephen E. Henderson eds., 2017)) on SSRN. Here is the abstract: History and reason...
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Common, Costly Misconceptions About Traffic Tickets
Let’s be honest: traffic tickets suck. They take up your time, money, and patience. Unfortunately, it seems like almost everyone gets saddled with a traffic ticket sooner or later. Death, taxes, and traffic tickets, am […] The post Common, Costly Misconceptions About Traffic Tickets appeared first on Bloom Legal.
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What is a Plea Bargain?
In Texas criminal cases, plea bargains are often the best way to resolve criminal charges against you. While some criminal cases do proceed to trial, a large number of cases are resolved by plea bargain, which is a deal or contract that you and your criminal defense attorney work out with the prosecutor. The plea bargain generally sets forth the punishment that you have agreed to and helps you avoid the uncertain outcome of a trial. When you enter into a plea bargain, you are giving up certain constitutional rights, such as the right to a jury trial and the right to confront the witnesses against you. You ultimately plead guilty to one or more of the charges, or to a lesser charge. Once you have reached a plea bargain, it must go to the judge for approval. While in most cases the judge approves the plea bargain, the judge does have the discretion to reject the plea bargain. …
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How and Where We Work
I almost never work in my office. The office is mainly a place to meet a client for the first time or a week or so before court. It is also the place where I retrieve mail that will be scanned into our system. My actual office is in my briefcase. I sprawl the contents of this office on tables in various courtroom law libraries or coffee shops throughout the state. Today is a prime example. I finished up a case this morning that required a court appearance. With the court appearance complete, I went to the closest coffee shop, where I called opposing counsel on a case tomorrow. But the real fun was in the written work I completed today. I work with an associate. She doesn’t even come to the office and works almost entirely remotely. We meet in person every week or two. But today I received an edited version of an amended motion for new trial that she reviewed for me. And I worked on editing an amended for new trial she prepared. We both work in the Apple universe, each…
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Today the Ninth Circuit affirmed the conviction of a federal prisoner for being a felon in possession of a firearm and, over the dissent of a visiting district judge, affirmed the dismissal of a Nevada state prisoner's counseled, amended federal habeas petition as untimely. 1. United States v. Barnes, No. 16-30203 (Paez with Gould and Christen) --- The Ninth Circuit affirmed a conviction for being a felon in possession of a firearm, holding that the good-faith exception to the exclusionary rule applied and did not require suppression of evidence found in a search incident to arrest pursuant to an arrest warrant, and that the trial judge properly declined to instruct the jury on a necessity defense because the defendant did not produce sufficient evidence to support it. The defenant and his son were both wanted men -- the son had an outstanding felony arrest warrant, while the defendant had a misdemeanor warrant out for failing to appear at a hearing on a…
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Why Traffic Stops Cause More Harm than Good
The Crime Report recently published an informative Q+A with Professor Frank Baumgartner about his new book, Suspect Citizens: What 20 Million Traffic Stops Tell Us About Policing and Race, which he co-authored with Professor Derek Epp and fellow researcher Kelsey Shoub. In their book, Baumgartner and his co-authors highlight the racial disparities evident in their analysis of traffic stop data from North Carolina. More generally, they address the question: do traffic stops actually prevent crime? Baumgartner and his colleagues were able to gather and analyze the data because of a law passed in North Carolina 20 years ago that mandates the collection of traffic stop data. The law, Baumgartner explains, was passed in reaction to allegations in the state general assembly that police were pulling over drivers based on race. Related: Records Suggest Biscayne Park Police Officers Framed Black People to Clear Cases The law also requires a state entity to evaluate and to report on…
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Going From The Red Carpet Walk To The Perp Walk
The charges, handed down by the Manhattan District Attorney’s Office are on top of the charges Weinstein already faces. Regarding the additional charges, District Attorney Cyrus Vance said, “This indictment is the result of the courage shown by the survivors.” Vance’s office also pointed out there is still time for survivors of Weinstein’s abuse come forward. Survivors are encouraged to call the DA’s office at 212-335-9373. Weinstein is looking at prison time if convicted. His attorney, Benjamin Brafman, told reporters that Weinstein will plead not guilty to the new indictments. In May, 2018, Weinstein was charged in Manhattan on charges surrounding rape and criminal sexual acts which had root in incidents which happened in 2004 and 2013. Weinstein has continued to deny all the allegations of non-consensual sex. Sex Crimes Soar In NYC The NY Post reported sex crimes soar in The Big Apple — with an especially frightening spike over the…
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Looking For A Little-Different Vacation In 2018? Try Las Vegas Of The Caribbean
Obama’s trip was the first visit to the island nation by an American President since 1928 when Calvin Coolidge made the trek. It wasn’t long before Trump turned back the pages and strengthened the 55-year embargo on tourists going to the island. Among the changes were the ending of people-to-people visas, educational visas became restricted and American citizens were again barred from doing business with any agency, bureau or organization with links to Cuba’s security forces. The roll back of free travel even earned the ire of Pope Francis. Despite the embargo, American airlines such as Jet Blue, American and Delta still fly to Cuba. In 2017 over 600,000 U.S. citizens visited under twelve broad categories which included family and education. With a little ingenuity, tour operators came up with ideas which passed State Department inspection. Tours like “The Mob’s Havana,” operated by the Las Vegas Mob Museum, are still ongoing. The museum, a…
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Community Service
Today’s post covers some of the details of community service as a criminal punishment in North Carolina. The state constitution lists community service as an authorized punishment in North Carolina. N.C. Const. Art XI, sec. 1. It is, generally, work performed for the benefit of the local community, without pay, as a condition of probation. Don’t confuse community service with “community punishment” under Structured Sentencing. Not every community punishment (G.S. 15A-1340.11(2)) includes community service, and community service is permissible as part of an intermediate punishment (G.S. 15A-1340.11(6)) or a sentence imposed under G.S. 20-179, too. North Carolina’s community service program is described in G.S. 143B-708. The program falls administratively under the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and covers all defendants ordered to perform community service as part of a sentence to supervised or…
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SCOTUS On a Roll
Megan Brenan reports for Gallup that the percentage of Americans approving of "the way the Supreme Court is handling its job" is the highest since 2009.
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Notable GOP Senators talk up mens rea reform while FIRST STEP Act and SRCA languish in their chamber
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Another look at how Justice Kennedy shaped capital jurisprudence and what his departure entails
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Effective explanation of why it is so hard to explain the exact number of "medical marijuana states"
Over at Marijuana Moment, Kyle Jaeger has this nice new piece on a bit of head-counting (or should I say state-counting) that always sticks in my craw. His piece is headlined "How Many Medical Marijuana States Are There? Advocates Disagree On The Number," and here are excerpts: Is it 30?...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/rQTDHZhXSWg" height="1" width="1" alt=""/>
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More Pages to Explore .....
