A New York Criminal Lawyer said that, after the respondent was released to parole supervision on June 17, 2005, he absconded to Florida and tampered with his electronic monitoring unit, resulting in his parole being revoked on August 15,...
Supreme Court erred...cont
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CA4: CI had real details, and he was corroborated by trash pull
Defendant was IDed by a CI as a drug dealer, so the police surveilled him and noticed his movements at and from his house were consistent with being a drug dealer, and then a trash pull pretty much confirmed it. Probable cause was evident in the affidavit for search warrant. A Franks hearing wasn’t required. “In this case, even excluding all controverted statements from the Affidavit and including the omissions that Marion alleges, the Affidavit would support the Issuing Magistrate's finding of probable cause.” United States v. Marion, 2013 U.S. App. LEXIS 24131 (4th Cir. December 4, 2013).*
The CI was identified with established reliability, and his information, further corroborated provided reasonable suspicion for stopping defendant. United States v. Dockery, 2013 U.S. App. LEXIS 24306 (4th Cir. December 6, 2013).*
The parties dispute whether the defendant’s vehicle was parked on the curtilage or not such that it could be searched under a warrant for the house. That doesn’t matter because it could be searched under plain view leading to the automobile exception because the evidence the police seized could be seen in it. State v. Hunt, 2013-Ohio-5326, 2013 Ohio App. LEXIS 5551 (10th Dist. December 5, 2013).*
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Poland Protests Connecticut Inmate's Death Sentence
"Poland's president challenges state's death penalty," is by Daniel Tepfer at CT Post. In what could spark an international incident, the president of Poland is demanding the state not execute a former Trumbull man for the terrifying 2006 murders of...
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Conservative Concern About Death Penalty Not New
That's the title of a letter to the editor, published by the Dallas Morning News. It's written Mark White & Virginia E. Sloan. White is the former Texas governor and attorney general; Sloan is president of the Constitution Project. We’re...
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Conspiracy Charges Barred by Statute of Limitations
United States v. Grimm, et al., Nos. 12-4310-cr; 12-4365-cr; 12-4371-cr (2d Cir. Dec. 9, 2013) (Kearse, Jacobs, and Straub), available hereAs we previously reported (at this link), on November 26, 2013, the Court issued a one-page order reversing the conspiracy convictions of Peter Grimm, Dominick Carollo, and Steven Goldberg. The order stated that an opinion would follow in due course. This is the promised opinion, in which the Court ruled, by a two-to-one vote, that the indictment was barred by the applicable statutes of limitations.The three defendants, employees of General Electric Company ("GE"), conspired to fix below-market rates on interest paid by GE to municipalities. The conspiracy depressed the interest rate on the payments made to the municipalities by GE, an unindicted co-conspirator.The appeal turned on whether the artificially reduced payments by GE to the municipalities constituted "overt acts" in furtherance of the conspiracy. If not, the prosecution was barred by the statutes of limitations. If the payments did constitute cognizable "overt acts," then the prosecution was timely.Judge Jacobs's majority opinion held that the payments did not constitute overt acts in furtherance of the conspiracy. Relying on United States v. Salmonese, 352 F.3d 608 (2d Cir. 2003), and United States v. Doherty, 867 F.2d 47 (1st Cir. 1989), the Court declared that a conspiracy ends (notwithstanding the continued receipt of anticipated profits) when (1) the payoff "merely consists of a lengthy, indefinite series of ordinary, typically noncriminal, unilateral actions," and (2) no evidence shows "that any concerted activity posing the special societal dangers of conspiracy is still taking place."These two criteria were present here. First, the payments by GE were lengthy, indefinite, ordinary, noncriminal, and unilateral. Second, the payments were the result of a completed conspiracy, rather than acts in furtherance of an ongoing conspiracy. The payments did not raise the underlying concern of concerted action, and therefore were not continuous actions that prolonged the life of the charged conspiracy. Judge Kearse dissented. She concluded that the charged conspiracy was specifically designed to enable some of the conspirators to win investment contracts that provided them with economic gains over the life of the contracts by allowing them to make periodic interest payments at artificially low rates. In this situation, the dissent declared, the conspiracy continued until the contracting co-conspirator's final payment pursuant to the contract. Accordingly, the dissent opined, the GE payments were properly viewed as overt acts, and the prosecution was not time-barred.
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Ins't home confinement for only three months and a small fine insufficient punishment for a felony false imprisonment charge?
The question in the title of this post is my reaction to this new CNN report headlined "Ex-San Diego Mayor Bob Filner sentenced to home confinement, fines." Here are the details: Former San Diego Mayor Bob Filner was sentenced Monday...
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Wreck on 321 This Morning Yeilded Personal Injuries
Early this morning in the wee hours between about 4:30 a.m. and 5:00 a.m., a tractor-trailer was involved in an accident with two other vehicles, causing personal injuries for the persons in the sedant hat was hit. According to the DOT, the tractor-trailer had been driving down Interstate 81 and made his way onto 77 […]The post Wreck on 321 This Morning Yeilded Personal Injuries appeared first on .
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Dewhurst assigns interim charges on electronic privacy
Grits was especially pleased to see that Lt. Gov. David Dewhurst announced several notable "interim charges" (pdf) to the Texas Senate State Affairs Committee related to electronic privacy, ordering them to:Examine possible measures to protect the personal privacy of Texas residents from governmental and commercial surveillance, including: (1) any necessary limits on warrantless search and seizure of data from electronic devices and wireless providers, including digital content and geolocational data; (2) any necessary protections against non consented video and audio recordings collected by private handheld and wearable mobile devices and other private surveillance; and (3) any necessary limits on warrantless monitoring of the physical location of individuals through the use of biometrics, RFID chips, facial recognition, or other technologies. Examine related measures proposed or passed in other states.Review the types and scope of personal data collected by governmental and commercial entities and consider methods to minimize the government’s collection of data on its citizens. The study should include: (1) whether sufficient protections exist for DNA samples and information, including whether there should be a prohibition on the creation of DNA databases, except for felons and sex offenders; (2) methods to protect the privacy of gun owners from aggregated purchasing pattern tracking; (3) mechanisms to ensure that private health care information is properly protected; and (4) ways to ensure that previously anonymous data is not improperly reidentified and marketed. Examine related measures proposed or passed in other states.Examine possible reforms designed to increase citizens' ability to know what data is being collected about them by governmental and commercial entities and with whom that data is being shared, including an analysis of consumer informed consent. Examine related measures proposed or passed in other states.See a related press release.Interim charges are usually aimed at preparing bills that the leadership plans to prioritize during the next legislative session, though with Dewhurst facing several challengers for Lite Guv, he may or may not be around to see such legislation come to fruition. Still, assigning these charges in the midst of a heated primary campaign indicates he must think the issues resonate with the GOP base. That's a good sign.The first charge related to warrant requirements perhaps seems more appropriately assigned to the Senate Criminal Justice Committee, but either way I'm grateful to see the Lt. Governor raising the profile of electronic privacy issues and look forward to interim hearings on these topics.
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You Can Be Found Guilty of Murder Even if You Were Not at the Crime Scene
If you plan a robbery and someone dies, you can be convicted of murder even if you did not take part in the robbery. If you are facing charges of murder, robbery or burglary, the experienced criminal defense attorneys at Wallin & Klarich can help you.
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CT - Bipartisan effort to prevent sex offenders from living near schools
Snake oil salesmanOriginal Article
12/08/2013
By Amity Observer
WOODBRIDGE - State Rep. Themis Klarides (R-114) and State Sen. Joseph J. Crisco, Jr. (D-17) announced they will introduce legislation in the upcoming legislative session that will restrict sex offenders from living near schools or daycare centers.
- Just because you restrict them from living near these places that doesn't mean they cannot commit another sexual crime at one of these places, if they chose to do so! Residency...
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Police Seize 107 lbs of Methamphetamine in Southern California Drug Bust
After an investigation that lasted over a month, investigators arrested four men who are suspected to belong to a Southern California drug trafficking ring. The men, who are alleged to have imported cocaine, heroin, and other drugs to the United States from Mexico, are all being detained awaiting trial. They each face sentences that could be longer than they could serve in their lifetime.
According to a report by NBC LosAngeles, police investigators set up an undercover sting operation where an officer attempted to buy drugs from the suspects. Once the officer was in possession of the drugs, other officers obtained a warrant and searched the residence, where police found an additional 107 lbs of methamphetamine, 9.5 lbs of cocaine, ½ lb of heroin, and almost $30,000 in cash.
Police Are Cracking Down on Drug Dealers
If you have been paying attention to the headlines lately, you will have noticed that police are tightening down on drug dealers across the State of California. Not just large-volume dealers, like the ones in this story, are at risk. Police are even setting up sting operations to catch small-time, neighborhood dealers more than in years past.
When it comes to punishments, the amount of the drug possessed does not always matter. This is because there are only a few tiers of possession and, whether you are at the top end or the bottom end doesn't make any difference in the sentence you will receive.
California has also taken new approaches to hunt down drug dealers versus casual drug users like Assembly Bill 721, authored by Assemblyman Steven Bradford, D-Gardena. He reasons that "too many people are getting caught up in the prison system with nothing more than a small amount of drugs for personal use." This will apply felony drug-transportation charges to individuals involved in drug trafficking or sales instead of average day to day users.
There Is No Such Thing As a Non-Serious Drug Crime
All drug crimes are serious in the state of California. Some people are deceived because the state has a liberal stance on marijuana consumption; however, that same stance does not necessarily apply to other more serious drugs. For instance, in California, a first-time offender convicted of possession with intent to distribute faces a fine of up to $1,000 and five years in state prison.
Once you have one conviction on your record, any following convictions are treated more seriously. Although California's "three strikes" law was recently repealed, that does not change the fact that repeat offenders are punished harshly in California.
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CA - Ruling may have vast effect on sex-offender registry, attorney says
Original Article
11/27/2013
By SCOTT SCHWEBKE
SANTA ANA - A court ruling involving an Orange County case could result in hearings for thousands of California sex offenders seeking to have their names removed from the “Megan’s Law” registry, says an attorney who represents a sex offender.
California’s 4th District Court of Appeal found unconstitutional a state law that allows some sex offenders to have hearings for certificates of rehabilitation while denying that right to others.
The...
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Schafer on Decriminalization
Hans-Bernd Schäfer (Bucerius Law School) has posted Decriminalization, How Can It Be Legitimized and How Far Should It Go? on SSRN. Here is the abstract: This is about the changing scope of criminal law, the changing borders between criminal law,...
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Why, Yes, I Do
I went out for drinks for a friend's birthday last weekend, and got to meet a bunch of her friends. I joined the festivities late, so I was a couple of drinks behind the rest of the crowd.Meeting my friend's friend, the first thing he asked was, "So, I heard you were a public defender?""Yes...." I replied, preparing myself for the worst."I bet you know a lot of really dirty jokes."
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NLJ: Appeals Court Hears Arguments in GPS Tracking Cases
NLJ: Appeals Court Hears Arguments in GPS Tracking Cases by Sheri Qualters:
[...] Read more!
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BLT: D.C. Circuit Weighs Challenge to Groin Searches at Guantanamo Bay
BLT: D.C. Circuit Weighs Challenge to Groin Searches at Guantanamo Bay:
[...] Read more!
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Connecticut Implements Law Mandating Recordings of Police Interrogations
As of January 1, 2014, a new law in Connecticut will go into effect requiring all police departments across the state to record interrogations of serious crimes. According to TheDay.com, Connecticut police will be mandated to audio and video record any written or oral statements given by suspects in all capital, Class A and Class B felonies-a wide range of crimes including murder, first-degree sexual assault and burglary. Some local police departments have been recording interrogations since 2008, when Connecticut selected a small number of sites to receive funding to install and use recording equipment. Lieutenant Brett Mahoney of the Waterford Police Department, one of the sites to receive the initial state funding, says that all of his department's supervisors and many of its officers are trained in how to use the equipment. Detective Sergeant James Tetreault of Norwich said that detectives in his department are also experienced in using the equipment, but given the wide range of crimes covered under the law, will need to train more officers. According to Mahoney, the "number of crimes covered by the new law could become a strain for his and other smaller departments 'until it becomes the new normal,' " but he believes that recording interrogations has important benefits, including protecting " 'police from false claims of mistreatment.' " " 'A picture is worth a thousand words. The video camera is not going to lie to you,'" says Mahoney. The U.S. Office of Personal Management's (OPM) Criminal Justice, Police and Planning Division has disbursed $2.65 million in one-time grants to departments across Connecticut to help them purchase and update equipment. Chief State's Attorney Kevin Kane worked with the Police Standards and Training Council, as well as the state police and the Connecticut Police Chief Association to develop standards for the new law. Some from the state's legal system, such as New London County State's Attorney Michael Regan, say that the law will require more work for many people, including attorneys who have to view the recordings, which can last at least six hours. But, says Regan, " '. . .everybody is pretty much on board. . . . Any time (police) interview a defendant, we usually like to have it on video.' " Read the full article. Read more about the benefits of mandatory recording of interrogations.
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“Using Up” Jail Credit
Suppose a person is held in jail for 20 days on two pending misdemeanor charges, Charge A and Charge B. For one reason or another, Charge A results in a conviction first and is sentenced to 100 days. Ten days later, the defendant is convicted of Charge B and also sentenced to 100 days on […]
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Nashville PD's Have Full Caseload
The Tennessean reports, "Public defender's office says it can't take on new death penalty case," by Brian Haas. Nashville’s public defenders say they can’t take on any more death penalty cases right now. Resources and manpower are simply too limited...
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Section 1141 of the Penal Law
A New York Criminal Lawyer said that, appellants have been convicted under section 484-h of the Penal Law, Consol.Laws, c. 40 of selling to a minor under 18 years of age a copy of a book entitled 'Memoirs of a Woman of Pleasure'. Another case, decided at the same time, involves whether this book is obscene under section 1141 of the Penal Law. That question is not before the court upon this appeal. Both counsel for the appellant and the Assistant District Attorney concede that the conviction of these defendants does not depend upon any finding or conclusion that this book is obscene. The determination that the book is not obscene therefore does not exonerate these defendants from the present charge. Even if the book is not obscene within the meaning of the Constitution, the narrative is mainly concerned with accounts of extra-marital sexual relationships.
A New York Sex Crimes Lawyer said that, the conviction of defendants is under that portion of section 484-h of the Penal Law which purports to prohibit the sale to a minor under 18 years of age of 'any book the cover or content of which exploits, is devoted to, or is principally made up of descriptions of illicit sex crime or sexual immorality'. The constitutional attack on this statutory provision is based on the grounds that it abridges freedom of speech and of the press in violation of the First Amendment to the Constitution of the United States and that it violates the Fourteenth Amendment by denying due process of law in that the language is too vague for a criminal statute.
The issue in this case is whether the court erred in convicting the appellants under under section 484-h of the Penal Law, Consol.Laws, c. 40 of selling to a minor under 18 years of age a copy of a book entitled 'Memoirs of a Woman of Pleasure'.
Former subdivision 2 of section 1141 of the Penal Law. The statute there held to be void prohibited the sale of books and other printed matter 'principally made up of criminal news, police reports, or accounts of criminal deeds, or pictures, and stories of deeds of bloodshed, lust, or crime'. Our court had construed this statute as limited to the publication of collections of criminal deeds of bloodshed or lust 'so massed as to become vehicles for inciting violent and depraved crimes against the person'. The United States Supreme Court said: 'The statute as construed by the Court of Appeals does not limit punishment to the indecent and obscene, as formerly understood. When stories of deeds of bloodshed, such as many in the accused magazines, are massed so as to incite to violent sex crimes, the statute is violated. It does not seem to us that an honest distributor of publications could know when he might be held to have ignored such a prohibition. Collection of tales of war horrors, otherwise unexceptionable, might well be found to be 'massed' so as to become 'vehicles for inciting violent and depraved crimes.' Where a statute is so vague as to make criminal an innocent act, a conviction under it cannot be sustained. If a gun is involved, it's worse.
There must be ascertainable standards of guilt. Men of common intelligence cannot be required to guess at the meaning of the enactment.' The Supreme Court also held in the Winters case that the statute in question unconstitutionally limited freedom of expression protected by the principles of the First Amendment.
This court is now called upon to cope with one of the more important of these questions. As was noted in the principal opinion of the Criminal Court of the City of New York, there would have been no occasion for enacting section 484-h of the Penal Law unless it forbade more than was already prohibited by section 1141. 'Section 484-h', said the Criminal Court, 'prohibits the sale to minors of books which exploit, are devoted to, or deal principally in descriptions of illicit sex or sexual immorality. There is no such prohibition contained in section 1141.
To Be Cont....
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