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MO - UNITED STATES v. LUNSFORD, No. 12-3616

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Original Article Diigo Post Excerpt: Because Lunsford sustained convictions for sexual abuse in 1990 and 1993, SORNA required him to register as a sex offender. In February 2011, Lunsford lived and was registered at an address on Northwest Plaza Drive, Kansas City, in Clay County, Missouri. On May 3, Lunsford boarded a flight from Kansas City to the Philippines on a round-trip ticket, with a return scheduled for May 24. He did not use his return ticket, however, and he did not inform the... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

Green on Vice Crimes and Preventive Justice

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Stuart P. Green (Rutgers, The State University of New Jersey - School of Law-Newark) has posted Vice Crimes and Preventive Justice (Criminal Law and Philosophy, Forthcoming) on SSRN. Here is the abstract: This symposium contribution offers a reconsideration of a...

TWO NEW ENGLAND MEN MURDER LOVED ONES IN DOMESTIC VIOLENCE MATTERS THIS PAST WEEKEND

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They are cases involving one of the issues that make the criminal justice system, and related law enforcement, tremble. After all, part of the job of police, prosecutors and judges is to protect the public. Nothing has more of a tortured history in that regard than cases involving domestic violence. The two cases referenced in today’s blog did not take place in Massachusetts. However, they might as well have. The fact scenarios hardly differ to cases the Commonwealth has seen in the past. Case One. Rhode island’s Evelyn Burgos, the mother of four, had been concerned for her safety since a recent break-up. Her 25-year-old daughter, Vanessa Perez spent the night with her and the three younger kids for that reason. It is alleged that there was good reason for that concern and more. Daniel Rodriguez (hereinafter the “Defendant”) has been charged for the deaths of the two women and the kidnapping of a 2 year old boy who was later found waundering around outside later that night. The bodies of the two women were found this past weekend. "They were good people. They didn't deserve this," said Lucy Rivera, the victim's God sister…The day he removed his stuff I guess she had her locks changed and everything," said Rivera. Interestingly, the police first suspected Evelyn Burgos’ current boyfriend. However, law enforcement now says that he had no role in the crime. Instead, they said he gave information that helped them find the Defendant and ultimately the missing child. "Crowell cooperated fully with investigators and assisted us in locating Isaiah, the missing 2 year old," said Tamburini. Well, I am sure that that original suspicion will be very interesting to the defense. Case Two Also this past weekend, there was another high-profile domestic violence matter which took place in Manchester, New Hampshire. There, authorities say that 54-year-old Muni Savyon, shot his 9-year-old son dead before turning the gun on himself. The apparent reason? To spite the boy’s mother, his ex-girlfriend. The tragedy took place at a YWCA, all in front of a social worker during a supervised visit. People are understandably stunned. “There’s a lot of sadness and also anger on the part of everyone involved that a father would take his son’s life for no other reason than apparently to spite his mother,” said New Hampshire Assistant Attorney General Jeffery Strelzin. Apparently, Mr. Savyon had made threats about a year ago to harm himself, his ex-girlfriend and their 9-year-old boy, Joshua Savyon, Strelzin said. The social worker was not harmed during the attack, which was captured on video about 
10 a.m. after the boy’s mother had dropped him off. Strelzin said the YWCA regularly hosts supervised visits and sometimes uses a metal detector to screen parents, but did not do so yesterday. He said despite the past threats, no one suspected Savyon was capable of violence. “From what we know right now, no one saw this coming today,” Strelzin said. “She had reservations, which is why he was having supervised visits. She wasn’t there. She dropped her son off and unfortunately his father decided to take his life.” Strelzin confirmed that Savyon emailed a note to someone before the attack that is now being studied by investigators. He wouldn’t comment on the contents. Rabbi Levi Krinsky of Chabad Lubavitch, who said he knew Savyon and had seen the email, said it explained what Savyon 
intended to do, and that he would be dead by the time the person read it. He declined to identify the recipient. Ellen Vig of Billerica, Sayvon’s ex-wife — not the mother of his child — said she has a copy of the letter, written in Hebrew. “It was his intentions. What he wanted to do with his property,” she said. “It’s a suicide note.” Attorney Sam’s Take On The After-Effect Of High Profile Domestic Violence Cases There is not much to add to the stories. They are tragic and senseless. There is, however, an additional message to take from it. It is a message of caution. You do not need this Boston criminal lawyer to tell you that one should not stay in an abusive relationship and to take whatever precautions possible to protect yourself upon leaving one. I do want to remind you, though, that is the attempt to prevent stories like this that fuels the system’s oft-times over-reaction to allegations of various types of abuse. As tragic as these stories are, there are times when folks make a criminal complaint simply out of anger. There are times they lie to authorities and figure they can simply take the allegations back when it is convenient. It does not work that way. If you feel you may have been accused, or that you will be, of something that could be considered domestic violence, you should seek the advice of an experienced criminal defense attorney immediately. The mere allegation, with nothing more, can easily land you in jail. To read the original stories upon this blog is based, please go http://cdn.localwireless.com/wap/news/display.jsp?sid=254&cid=21162&scid=-1&title=News and http://bostonherald.com/news_opinion/local_coverage/2013/08/nh_official_father_shot_son_self_to_spite_ex

US District Judge tells Michigan that all its mandatory juve LWOP sentences are unconstitutional

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As reported in this local piece, headlined "Judge upholds ban on life, no parole for juveniles in Michigan," a federal district judge in the state up north has issued a new little opinion with significant impact for juve LWOP defendants...

MT - Montana woman (Robin Renee Morgan) charged after pointing gun at man she thought was a wanted sex offender

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Robin Renee Morgan Original Article Just another psycho nut-job out threatening people with guns, like the Florida vigilante Valerie Parkhurst. 08/13/2013 By S.H. Blannelberry [name withheld] of Great Falls, Montana, is an alleged active and enthusiastic child molester. He is wanted by police for at least four counts of sexual crimes against minors, including incest. [name withheld] has been on the run for almost a year now. And while police believe he doesn’t present an... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

Due process mandates that the State must bear the burden of proof

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Sometime in August 1998, the defendant was released from state prison after serving a three year sentence following his conviction on October 25, 1995 to sexual abuse in the first degree. The defendant, who was a Cadet Leader of an...

Shouldn't AG Holder's speech impact federal judges at sentencing ... such as Jesse Jackson Jr.'s?

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In this post late yesterday, I provided a lot of lengthy excerpts from Attorney General Eric Holder's remarks to the ABA calling for significant sentencing reforms. Today I have been thinking about an abridged summary of the AG's speech which,...

State v Melendrez Utah Court of Appeals Decision

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In State v Melendrez, the Utah Court of Appeals determines whether or not a trial court erred in giving the defendant, Victor Melendrez, consecutive sentences. State v Melendrez Melendrez was sentenced in June 2012 for convictions in two separate cases. In one case a jury found him guilty of three crimes and in the other [...]

Las Vegas Moon Landing Hoax?

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Did Vegas play a Part in a Moon Landing Hoax? The 44th anniversary of the moon landing has just passed; however, many people still believe it to be a hoax. There are many theories as to how this hoax was perpetrated, with one of the most famous ones involving the moon landing being shot in

"Two Powerful Signals of a Major Shift on Crime"

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From the New York Times: Critics have long contended that draconian mandatory minimum sentence laws for low-level drug offenses, as well as stop-and-frisk police policies that target higher-crime and minority neighborhoods, have a disproportionate impact on members of minority groups....

Police Arrest Two Suspects In Snowball Stand Break-In

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img00302-20100717-1654.jpgHoward County Police have arrested two suspects in a pair of recent burglary at a local snowball stand. The two young men were charged for two incidents occurring during the last week of July. One on the 26th, and the other just four days later when the frozen treat shack was ransacked again. Police were assisted in the investigation by surveillance from the snowball stand and also a convenience store in close proximity to a hardware store where the stand is located. The footage showed that on 30th two males used bolt cutters to cut open a padlock on the front window of the stand and kicked in the door to gain access. While inside the two burglars tore the place apart looking for anything of value, and came away with cash from two of the registers. The exterior spotlight on the property was also missing. Footage from the convenience store on July 26th showed what police later identified as the same two suspects prying open a door to the shop at around midnight. On this night the burglars attempted to steal a safe but were unsuccessful, which no doubt motivated the duo to return.

What are the Miranda Warnings?

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Anyone who watches television shows about police and the law has heard the Miranda rights read to a suspect. The arresting officer will say something similar to, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an [...]

Denver football player arrested for traffic violation warrant

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Being pulled over by police can be an intimidating and embarassing experience. Sometimes people who are pulled over and receive a ticket don't undertstand the brief period that they have to dispute the traffic violation or pay the ticket. If...

Criminal Procedures Begin With Booking

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Criminal procedure involves a set of rules through which a government enforces criminal laws. In the United States, the federal government, states, and municipalities each have respective criminal codes regarding what does and does not constitute a crime. The overall criminal procedure process includes booking, arraignment, bail, a preliminary hearing, a trial, sentencing, punishment, and appeal.When someone is arrested and taken to jail, their primary thought is how they can get out. Several things must happen before the authorities release an individual from jail. The authorities must first book a person into the system, and then the person must go through a bail hearing to determine how much they must pay to go free.What Is BookingBooking records provide information about the people who are brought to jail. Because booking creates an official arrest record, arrested suspects who can post bail immediately often can’t be released until after the booking process is complete. Even suspects who receive citations in lieu of being taken to jail often must go through a booking process within a few days of their arrest.Typical Steps in the Booking ProcessStep 1: Recording the suspect’s name and the crime for which the suspect was arrested. In olden days, this information became part of a handwritten police blotter; now virtually all booking records are computerized.Step 2: Taking a "mug shot". Mug shots have a variety of possible uses. For instance, a mug shot can help to determine which of two people with the same name was arrested. A mug shot can also help to establish a suspect’s physical condition at the time of arrest. The suspect’s physical condition at arrest can be relevant to a claim of police use of unlawful force or to whether the suspect had been in an altercation before being arrested.Step 3: Taking the suspect’s clothing and personal property into police custody. At a suspect’s request, some booking officers allow suspects to keep small personal items like a wristwatch. Any articles taken from the suspect must be returned upon release from jail, unless they constitute contraband or evidence of a crime. Example: Sticky Fingers is arrested for stealing a calculator. The police seize the calculator at the scene of the arrest. During the booking process, the police find a packet of illegal drugs and a stolen camera in Fingers’s backpack. These items will not be returned to Fingers upon his release on bail. The calculator and the camera are evidence of the crime of shoplifting. The drugs are illegal contraband; the police can take them regardless of whether drug charges are filed against Fingers.Step 4: Taking fingerprints. Fingerprints are a standard part of a booking record, and are typically entered into a nationwide database maintained by the FBI and accessible to most local, state, and federal police agencies. Comparing fingerprints left at the scene of a crime to those already in the database helps police officers identify perpetrators of crimes.Step 5: Conducting a full body search. Police officers routinely make cursory pat-down inspections at the time of arrest. Far more intrusive (and to many people, deeply humiliating) is the strip search that is often part of the booking process. To prevent weapons and drugs from entering a jail, booking officers frequently require arrestees to remove all their clothing and submit to a full body search. Strip searches are legal even when the arrestee has been brought in for a relatively minor crime, such as an infraction; and even when there are no facts that would suggest that the arrestee is carrying a weapon or contraband. In a 2012 case, the U.S. Supreme Court ruled that such a search was legitimate even in the case of a person who was stopped for a traffic violation and arrested for failure to pay an outstanding fine (the fine had in fact been paid long ago). (Florence v. County of Burlington, No. 10-945.)Step 6: Checking for warrants. The booking officer checks to see if an arrestee has any other charges pending, ranging from unpaid parking tickets to murder charges in other states. Suspects with warrants pending are normally not released on bail.Step 7: Health screening. To protect the health and safety of jail officials and other inmates, the booking process may include X-rays (to detect tuberculosis) and blood tests (to detect sexually transmitted diseases such as gonorrhea and AIDS).Step 8: Eliciting information relevant to incarceration conditions. To reduce the likelihood of violence and injuries, jail officials often ask arrestees about gang affiliations, former gang affiliations, and other outside relationships. Depending on the answers, an inmate may have to be placed in protective custody or housed in one section of a jail rather than another. Routine questioning along these lines does not constitute an “interrogation” that requires officers to give a Miranda warning to the suspect. Information that suspects disclose in response to a booking officer’s questions may be admissible in evidence under the “routine booking question exception” to Miranda (Pennsylvania v. Muniz, U.S. Sup. Ct. (1990)).Step 9: DNA sample. Suspects may be required to provide DNA samples that are entered in national DNA databases. SourceFor criminal suspects who are placed in jail, the first priority is usually getting out. Except when very serious crimes are charged, a suspect usually can obtain pre-trial release through bail or "own recognizance" release.Posting BondIn most cases, you are entitled to a reasonable bond set by the court. Generally, this requires that you post a bond with the court. A bond is a binding agreement to pay money to the court in the event that you do not appear for your scheduled court dates. A bond is intended to ensure your appearance in the case. Your bond may either be a cash bond in smaller cases, or a surety bond in larger cases.To post a surety bond, you will need the assistance of a bondsman who will file a bond with the court on your behalf, guaranteeing your appearance at all scheduled court dates. The bond is a conditional release, therefore, if you are arrested for subsequent offenses while you are out on bond, your original bond may be revoked by the court without notice. If you cannot afford to post the bond that is set by the court, it may be necessary to request a bond reduction hearing with the court. Depending upon the severity of the allegations made against you, the court may also impose other conditions of your pre-trial release, which could include many other restrictive conditions, such as electronic monitoring. West Palm Beach Criminal Defense LawyerWhen you are accused of a crime, your freedom, your family, your reputation and your job may be at stake. Be certain of your attorney's competence, reputation, expertise and experience as a Criminal Defense Lawyer. The criminal defense law firm of Andrew Stine, P.A. combines the nationally recognized criminal defense practice of trial and appellate attorney Andrew Stine, creating an international practice encompassing the defense of individuals and corporations facing serious criminal charges in Florida, across the United States and around the world. When you retain our law firm, you don't simply retain a criminal defense attorney - you retain an experienced criminal defense law team. Andrew Stine and his team have worked together for years, successfully representing clients in virtually every type of criminal case. We represent individuals and organizations vigorously, with individual attention and a passionate respect for due process, through each stage and every aspect of your case.Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.Distributed by Viestly

Child Pornography Sentences in Federal Court, a Massachusetts Criminal Lawyer Give His Perspective

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Any Criminal Lawyer in Massachusetts will tell you that you don't want your case to be prosecuted in the Federal Court. There is a litany of reasons why. Federal prosecutors have a limited ability to negotiate pleas. They have numerous...

There was no evidence that any police officer believed that he was in danger

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A Suffolk Criminal Lawyer said that, this is an appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered December 8, 1983, convicting him of criminal possession of marijuana in the first degree, upon his plea of guilty and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of defendant's pretrial motion which sought suppression of physical evidence. A Suffolk Drug Possession Lawyer said that, according to the People's evidence adduced at the suppression hearing, defendant's car was stopped for speeding on Montauk Highway by two police officers. A short time later, the Officer who was also patrolling the area, arrived at the scene. Although the officers had not called for assistance, he testified that he left his car and walked towards defendant's car in order to check the inspection sticker on the windshield. As he walked from the back to the front of defendant's car, on the driver's side, he "happened to look down", and saw a burlap bag, "the size of a bank bag", laying on its side on the floor behind the driver's seat. He noticed a white substance and some pills protruding from the top of the bag. Based on his training in the identification of controlled substances, he "felt" that the white substance was cocaine. He opened the car door, removed the bag and looked inside. Thereupon defendant was arrested. He also testified that when he was by the car, he smelled what he "felt was marijuana coming from the trunk". About an hour after defendant was arrested, the trunk was searched, and a quantity of marijuana was found in the trunk in plastic bags. The police officer testified that the marijuana found in the trunk had nothing to do with defendant's arrest. No assault and no arson were involved. While the police officer testified on direct examination that he was looking straight down through the driver's window when he saw the burlap bag, it was brought out on cross-examination that there were two windows on the driver's side of this two-door car and he equivocated as to which window he looked through. He stated, "I don't recall. It might have been the driver's window". On redirect examination, after he looked at a photograph of the car in evidence, which he testified was "a fair and accurate picture of the defendant's vehicle", he testified that he had been looking through the rear window when he saw the burlap bag. A Suffolk Cocaine Possession Lawyer said that, the hearing court resolved the discrepancy in the police officer’s testimony by finding as a fact that "bag was just to the rear of the driver's seat and he was looking directly down through the driver's window". However, the court went on to consider his further testimony that he had noticed a "detectable and identifiable odor of marijuana", and held that "under the totality of the circumstances there was probable cause to arrest and the seizure without a warrant was permissible". The issue in this case is whether defendant is entitled to the suppression of the physical evidence against him. The court disagrees. On a motion to suppress, although a defendant who challenges the legality of a search and seizure has the burden of proving illegality; it is the People who have the burden of going forward in the first instance to show the legality of the police conduct. The focal point of our inquiry concerns the legality of Officer's opening of the car door and seizure of the burlap bag. Only if the discovery of the contraband in the burlap bag is upheld as being in plain view, would there have been probable cause for defendant's arrest and the subsequent search of the entire car, which led to the discovery of the marijuana in the trunk. The court have examined the record which contains photographs of defendant's car admitted in evidence as truly and accurately reflecting the vehicle as it appeared when it was stopped, and have concluded that it would be physically impossible to see a small burlap bag which was behind the driver's seat by looking directly down through the driver's window. Since Criminal Term, as the trier of fact, specifically found that the Officer looked directly down through the driver's window, he could not have seen the small burlap bag which was behind the driver's seat. Hence, we find no justifiable basis for the arrest of defendant. The validity of an arrest depends upon the existence of probable cause at the time of the arrest and such probable cause cannot be based on evidence obtained as the result of an ensuing search. Thus, the discovery of marijuana in the trunk of the car an hour after defendant's arrest cannot be utilized to show probable cause. We need not reach the question whether the officer articulated at the hearing a sufficient basis for his conclusion that the white substance was contraband or whether the substance could conceivably have been seen protruding through the burlap bag. Having concluded that he could not have seen the bag in plain view, we find that the People failed to meet their burden of showing, in the first instance, the legality of the police conduct. There was no evidence that any police officer believed that he was in danger, nor any independent indication of criminality to entitle him to open the door and look inside the defendant's car. Accordingly, the court held that the judgment is reversed, on the law and the facts, the aforenoted branch of defendant's motion granted, indictment dismissed, and case remitted to the Supreme Court, Suffolk County for the purpose of entering an order in its discretion pursuant to CPL 160.50.

Lots of (mostly positive) reactions to AG Holder's big sentencing speech

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In the last 48 hours, I have seen lots and lots of notable reactions and commentary in the wake of Attorney General Eric Holder's remarks to the ABA calling for significant sentencing reforms. Nearly all have been relatively positive, and...

The Court has inadvertently abrogated to the parties a function that is exclusively within the province of the Court.

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In this Sex abuse case, Defendant pled guilty before the Court in violating Penal Law Section 130.60, Sexual Abuse in the Second Degree, a class "A" misdemeanor, with a promised sentence of one-year incarceration. A Nassau County Criminal lawyer said...

How Government Violates the Fourth Amendment Rights of Renters

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8-14-2013 New York: A case of constitutional abuse from Rochester, New York In Rochester, New York, renting rather than buying a home is enough cause for a search warrant. Florine and Walter... [[This,an article summary.Please visit my website for complete article, and more.]]

Swapping Seats Leads To Double DUI Charges

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A  recent story out of Pennsylvania made headlines when police revealed that a couple from aptly named Freedom, PA were both arrested for driving drunk in the same car, at the same time, on the same night. How, you might be asking did they accomplish this feat? Police say it’s because the couple switched seats [...]
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