Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71824 articles
Browse latest View live

"Mom's Photos of Kids Rules 'Obsessive' but Not Pornography"

0
0
The title of this post is the headline of this interesting report from the New York Law Journal about an interesting state ruling concerning the definition of child pornography. Here are the details: Brooklyn Family Court Judge Steven Mostofsky suggested...

TN - State says sex offender registry officer (Rebecca Hord) stole $30K in funds

0
0
Rebecca HordOriginal Article 12/18/2013 SHELBYVILLE - A woman whose job was to make sure sex offenders in Bedford County are properly registered and monitored is accused of stealing more $30,000 in fees paid by those sex offenders. Rebecca Hord, 58, was arrested Monday following a grand jury indictment charging her theft, forgery and official misconduct. Under Tennessee law, convicted sex offenders are required to register with local law enforcement agencies and also report any changes of... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

The Court examined the defendant's remaining contentions

0
0
This is an Appeal by the defendant from two judgments of the County Court, Westchester County, convicting him of rape in the first degree, sodomy in the first degree, and endangering the welfare of a child, and rape in the...

"Plea Bargaining: Some Comparative Observations"

0
0
The title of this post is the title of this notable new (and notably short) piece providing a useful perspective on plea bargaining by Jacqueline Hodgson, a UK-affiliated author. Here is the abstract: Plea and sentence bargaining is characterized by...

Dallas County most prolific source of TX death sentences since 2008

0
0
Dallas County under District Attorney Craig Watkins has displaced Harris County over the last six years as the death penalty capital of Texas. See a detailed press release on the topic below the jump: One Third of All New Texas Death Sentences in 2013 Came from Dallas County, According to New Report by TCADP Seven of nine new death row inmates are African-American men and 11 of the state’s 16 executions this year were of people of color (Austin, Texas) — One third of all new death sentences in Texas were imposed in just one county this year, according to the Texas Coalition to Abolish the Death Penalty’s (TCADP) new report, Texas Death Penalty Developments in 2013: The Year in Review. The report documents Dallas County’s emergence as the state’s most active death penalty jurisdiction, accounting for 20% of new death sentences since 2008. Over the last six years, Dallas County has imposed nearly twice as many new death sentences as Harris County, which alone has sent nearly 300 people to death row since 1976. Juries condemned nine new individuals to death in Texas this year, the same number of death sentences imposed in 2012.  New death sentences in Texas have declined more than 75% over the last decade and numbered in the single digits for the last five years. A total of seven counties in Texas accounted for the new death row inmates in 2013. Notably, three of the highest sentencing jurisdictions in recent years did not impose any death sentences this year, and no inmates were re-sentenced to death in the state. Texas’ Highest Sentencing Counties 2008-2013 2008 2009 2010 2011 2012 2013 Total 2008-2013 Total Since 1976 Dallas 3 1 2 0 2 3 11 106 Harris 0 0 2 3 0 1 6 290 Tarrant 2 1 0 1 2 0 6 72 Travis 0 1 1 1 0 0 3 19 Brazos 0 1 1 0 1 0 3 15 Total Top 5 Counties 5 4 6 5 5 4 29 503 Total All Counties 12 9 8 8 9 9 55 1,076   Both geography and race continue to disproportionately impact death sentences in Texas: seven of the nine new death row inmates in 2013 are African-American men. Over the last six years, half of all new death sentences in Texas have been imposed on African-Americans. In Dallas County, this pattern is even more pronounced – of the 11 men sentenced to death there since 2008, 8 are African-American and 2 are Hispanic. All three of Dallas County’s new death sentences in 2013 were imposed on African-American men.“While most of Texas is moving away from the death penalty, Dallas County has emerged as a major outlier in its pursuit of the ultimate punishment, particularly for defendants of color,” said Kristin Houlé, Executive Director of the Texas Coalition to Abolish the Death Penalty. “These troubling patterns directly counter Dallas’s reputation as a leader in criminal justice reform.” Halfway through the year, the State of Texas carried out its 500th execution since 1982, putting Kimberly McCarthy to death for the 1997 murder of Dorothy Booth in Dallas County. McCarthy, who was African-American, was the fourth woman executed by the state and the first since 2005.  Her attorney argued that the jury selection process in her second trial was tainted by racial discrimination: of the twelve jurors seated at trial, all were white, except one, and eligible non-white jurors were excluded from serving by the State. While two earlier execution dates this year were postponed, the courts refused to intervene a third time. The State of Texas carried out 16 executions in 2013, a slight increase from 2012, when 15 executions took place. Executions are now being carried out through the use of a compounded form of the drug pentobarbital, and the Texas Department of Criminal Justice has been criticized for a lack of transparency when it comes to the state’s lethal injection protocol.  Of the 16 people executed in Texas this year, eight were African-American, five were white, and three were Hispanic.  “Although Texas is using the death penalty less, the state still uses it disproportionately against people of color,” said Kathryn Kase, Executive Director of the Texas Defender Service. “Texas’s failure to effectively address this recurring problem demonstrates, yet again, the deep flaws in the state’s capital punishment system.” Other highlights of Texas Death Penalty Developments in 2013: The Year in Review:Texas accounted for approximately 42% of all U.S. executions this year and twice as many as any other state. 269 executions have occurred during the administration of Texas Governor Rick Perry (2001 - present), more than any other governor in U.S. history. Texas has executed a total of 508 people since 1982.Seven inmates scheduled for execution in 2013 received reprieves, including stays granted by the courts and the withdrawal of execution dates. Four other inmates were granted modifications of their dates but were ultimately executed this year.For the first time in six years, no one was re-sentenced to death in Texas. Several long-standing cases in which the courts had ordered new punishment hearings were resolved with sentences other than death. A total of four inmates received reduced sentences in 2013, including two from Harris County. Collectively, these four individuals spent approximately 80 years on death row.  Death-qualified juries rejected the death penalty in the sentencing phase in two trials this year and instead opted for life in prison without the possibility of parole. In both cases, juries determined that mitigating evidence warranted a sentence other than death. Over the last five years, death-qualified juries have rejected the death penalty in more than 20 capital murder trials.“Attitudes toward the death penalty are shifting as public confidence in the criminal justice system erodes,” said Houlé. “At this critical moment in our state’s experience with the death penalty, TCADP urges concerned citizens and elected officials to confront the realities of this irreversible and costly punishment and seek alternative ways of achieving justice.” TCADP is a statewide, grassroots advocacy organization based in Austin.### Texas Death Penalty Developments in 2013: The Year in Review is available online at www.tcadp.org/TexasDeathPenaltyDevelopments2013.pdf. See the report for additional graphs illustrating the race of defendants sentenced to death in the last six years and other recent trends. Infographics are available at http://tcadp.org/2013tcadpinfographics/. See http://tcadp.org/2008-2013-new-death-sentences/ for a map of new death sentences by county from 2008 to 2013. See http://tcadp.org/1976-2013-county-map/ for a map of death sentences by county from 1976 to 2013.

City Bankruptcy Threatens Michigan Exoneree's Compensation

0
0
When a federal judge announced earlier this month that the city of Detroit could go bankrupt, it was bad news for the city, but even worse news for Dwayne Provience whose civil suit against the city for his wrongful conviction sits in limbo. Provience was arrested in June 2000 as a suspect in the March 2000 murder of local drug dealer Rene Hunter based on testimony from someone with a drug problem who was facing prison time. Although several witnesses described the suspect's car as being a match for two known drug bosses who had a riff with Hunter, no arrests were made prior to Provience's. The informant testified against Provience in court, and his drug charges were dropped. Provience was convicted and sentenced to 32 to 62 years in prison. Imran J. Syed, a clinical fellow at the Michigan Innocence Clinic at the University of Michigan Law School, which took on Provience's case in 2009, discussed how the clinic proved his innocence three years ago. Clinic students were able to track down the informant living under a highway overpass and recorded him on video admitting to lying at Provience's trial in order to stay out of prison himself. Further research by the Michigan Innocence Clinic revealed that a neighborhood police officer who had initially investigated Hunter's murder told the detectives pursuing Provience that the informant was lying and the known drug dealers had killed Hunter. That information was withheld from Provience's defense. After the new evidence was presented in court, the conviction was vacated, and Provience was granted a new trial. Ultimately, the charges were dropped and Provience became a free man in March 2010. Because Michigan doesn't have legislation that entitles the wrongly convicted to automatic compensation, he had to sue for damages. A settlement panel proposed a payment of $5 million, which the city tried to have thrown out. Last July a federal appeals court said the suit was valid and could proceed to trial. But Detroit's looming bankruptcy has derailed that. Read the full article. Read about informants.

Jury Finds Michael Steinberg Guilty of Insider Trading

0
0
After a monthlong trial and barely a day of deliberations, a jury has found SAC Capital’s Michael Steinberg guilty on all five counts of securities fraud and conspiracy.  A report on the verdict and recap of the trial can be found on DealBook, including how the conviction may affect SAC founder Stephen A. Cohen and the upcoming trial of former SAC portfolio manager Mathew Martoma who also stands accused of insider trading.

Palm Beach County Criminal Defense Attorney :: Lake Worth Man's Instagram Selfies Leads to 142 Felony Charges

0
0
A 19-year-old Lake Worth man's Instagram selfies caught the eye of a Palm Beach County Sheriff and eventually lead to his arrest. The officer noted that the man had a criminal record that included grand theft, burglary and felony possession of a firearm, so the deputy apparently decided to look more closely at the pictures. Police claim the problem was the man was posting very public pictures of him holding a gun. In the state of Florida, convicted felons are not allowed to possess firearms, and the 19-year-old is a convicted felon. Authorities obtained a search warrant for his Lake Worth apartment and allegedly uncovered stolen jewelry, electronics and firearms, valued at nearly $250,000. According to reports, police uncovered numerous pieces of jewelry such as watches, charms, necklaces and loose diamonds, as well as two stolen firearms. By the time police were done searching the man's home, they had charged him with 142 felony counts of being in possession of a weapon or ammo. Police allege that the man was the ringleader for a group called the "dinnertime burglars," which they claim is responsible for dozens of burglaries targeting senior citizens in Palm Beach. When filling out the arrest report, officers said they asked the man what his occupation was, and he allegedly replied "Thief." The man is currently behind bars with bail set at $60,000. His Instagram page is no longer active. Social media sites, like Facebook, Twitter and Instagram, allow people to keep tabs on their friends, acquaintances, celebrities and even make new friendships. However, the convenience of being able to constantly stay connected to people comes with a price. In the case of social media, this means that someone is always watching, and that includes law enforcement. Instagram allows you to post pictures of anything going on in your life and essentially anything that interests you. You can easily notify your friends and followers about everything from what meal you just ate to the new car you just purchased. It is very important to understand that electronic media is always being monitored and government agencies are quick to use technological advancements to observe and track any suspicious activities on the Internet.

Sixth Circuit and Anders briefs

0
0
In case I'm not the only one citing to 6th Cir. R. 34(j)(2)(A) or 101(f)(3)...The procedure for withdrawing as counsel pursuant to an Anders brief is now contained in Sixth Circuit Rule 12(c)(4)(C).There is not a simple, clear rule for not asking for oral argument. I think Sixth Circuit Rule 34(b)(1) covers a statement that one is not seeking oral argument.

Educational Mentoring Service (GEMS)...cont

0
0
Initially, the court finds that the Broadcasting Company did not supply any information regarding the homicide and rape/kidnapping to the police. It only filmed what occurred during the investigation and interviewed certain persons. It has not supplied law enforcement...

People v. Fritch

0
0
This is a proceeding maintained by the Corporation Counsel of the City of New York and by the District Attorneys of each of the five counties of the city in pursuance of section 22-a of the code of Criminal Procedure....

Charged With Domestic Assault and Battery in Massachusetts, What Should I Do?

0
0
One of the crimes most frequently defended by Massachusetts criminal lawyers is the case of domestic assault and battery. The statute prohibiting the conduct is Massachusetts General Laws Chapter 265 Section 13A. Not many people are aware that the crime...

York County Residents Injured After Head-on Wreck

0
0
Two Fort Mill residents suffered serious injuries when their cars collided on Springfield Parkway, in Fort Mill, South Carolina. According to the investigation, the accident was a ” head-on-wreck” that took place sometime after 4:30 p.m. Thursday afternoon. The drivers were located right past Merritt Street, on Springfield Parkway. Both subsequently were flown to Carolinas Medical Center, […]The post York County Residents Injured After Head-on Wreck appeared first on .

Utah’s Alcohol Beverage Control Act

0
0
Perhaps not too surprisingly, Utah has an Alcohol Beverage Control act on the law books. While imbibing (for adults) isn’t against the law in Utah, there are some actions involving alcohol that are illegal. Don’t Let Him Get Drunk It is illegal to permit someone else to become intoxicated or to allow an intoxicated person […]

XMAS SLOWDOWN

0
0
We're officially in the Christmas slow down. County Court will be virtually nonexistent for the next two weeks and we are in a pattern where Christmas and New Years fall on Wednesdays, essentially wiping out the rest of the weeks for each of the holiday. We once got a verdict on 12/31/1999, but that was a rarity. Very few cases are being tried and Judges who can get coverage are taking the week off. Did you know? That Judges have no set amount of vacation days? As an independent branch of Government, the legislature cannot set how many days they must work. Any time a judge can cajole a colleague into covering their calendar, they can take the day off. And as well all know, any day a judge cannot cajole a colleague into covering their calendar, they can still take the day off. (Perhaps our last shot at the judiciary for the year. Maybe.)Rumpole Practice Tip #7: Where to set your depos. You don't want to set your depos at the SAO because then some pesky prosecutor will sit in on the depo. And BTW, if you read their own rules for setting depos at their office, they reserve the right to set the time limit for your depo. They have no statutory authority to do this, but the SAO makes it a condition of scheduling one of their offices. So off you march to the PDs office, where the lines are long, the tempers short, the waiting rooms full of clients with no money, and no help from this nightmare in sight. What do you do? Did you know that the court administrators office (Motto: The agency you can't find...for a reason") has set aside rooms in our own REGJB that you can call and schedule (for as long as you want) to take your depos in? It's easy, convenient, no check in windows, no hassle, no hustle, just a room with no view to take your depos. This is the 3rd tip in a series of ten that we will be releasing on how to make your life and the practice of law more fun and easy. Coming next: bathrooms, booze, bagels and broads. See you in court next year. Site Feed

Ex-NFL Kicker And Recidivist Fraudster Pleads Guilty To $2 Million Ponzi Scheme

0
0
Eight years after serving a ten-year sentence for fraud charges stemming from a $30 million foreign currency trading scheme, a former college All-American and NFL kicker agreed to plead guilty to charges he orchestrated a Ponzi scheme that duped victims out of approximately $2 million.  Russell Erxleben, 56, pleaded guilty to a single count of wire fraud and a single count of money laundering - each of which carried a maximum twenty-year term of imprisonment.  Under the terms of the plea agreement, Erxleben and prosecutors agreed to a 90-month prison sentence, which remains subject to judicial approval. Erxleben was a college All-American while attending the University of Texas in the late 1970s, and later had the distinction of being only one of three kickers drafted in the first round of the NFL draft.  However, after playing six seasons in the NFL, Erxleben turned to investing.  He was later arrested and charged with securities fraud after authorities accused him of masterminding a foreign currency trading scheme in which investors lost tens of millions of dollars.  In 1999, he received a ten-year prison sentence and was ordered to pay $28 million in restitution to defrauded investors. However, after being released from federal prison in 2005, Erxleben again became involved in the investment business, forming several companies under a main entity Erxleben Entities that promoted various investment opportunities including the ability to profit from post-World War I German government gold bearer bonds.  Investors were solicited to purchase the bonds for $1,000 apiece, after which Erxleben would place the bonds in trust and create securities that would then purportedly be in high demand by outside investors.  While the scheme lasted several years, investors ultimately never received the bonds or any associated returns. After the German bond venture fizzled out, Erxleben began soliciting investors in 2009 for another venture, Gauguin Partners LLC ("Gauguin").  According to Erxleben, he had in his possession a rare painting commissioned by Paul Gauguin, a 1800's French artist.  Investors were told that if the painting could be certified as authentic - a process that cost $75,000 - the painting could then be sold for nearly $60 million.  Again, investors saw no returns, and instead their funds were diverted by Erxleben for the payment of personal expenses. Erxleben was arrested in January 2013 and charged with five counts of wire fraud, two counts of money laundering and one count of securities fraud.  Prosecutors then successfully argued for Erxleben to remain in custody pending trial on the basis that he was a flight risk.  A federal magistrate judge later issued an order concluding the absence of any conditions for Erxleben's pre-trial release, citing Erxleben's propensity for posing a financial danger to others, as well as testimony by a former inmate that Erxleben had attempted to hire him to intimidate a key witness.   Erxleben still shares the record for the longest field goal in NCAA history, kicking a 67-yard field goal in 1977. A copy of the indictment is below: US v. Russell Erxleben Indictment by jmaglich1

"Why the FBI Thinks Warrantless Drone Surveillance Is Constitutional"

0
0
The post summarizing the argument is at Slate.

Baltimore Cop Sentence To Jail For Accidental Shooting

0
0
Two months ago a Baltimore County jury found a city police officer guilty of reckless endangerment in a bizarre and tragic training accident. Yesterday that police officer was sentenced to 60 days in jail and 2 years of reporting probation by a circuit court judge. The incident occurred just under one year ago at an abandoned state mental health facility. Several city police officers and trainees traveled to the county in order to use the facility as a tactical operations training ground. The cops were told to use training guns loaded with paintballs rather than bullets. And according to the incident reports all were using these simulated ammunition or simunition type weapons. All but a 19-year veteran of the force who fired his loaded firearm into a gathering of trainees huddled by a window. The bullet struck a young trainee in the head, resulting in severe brain damage and the loss of sight in one eye. County police and the state's attorney conducted a thorough investigation of the incident and charged the officer with second-degree assault and reckless endangerment. The defendant and his attorney elected to go to jury trial, undoubtedly after attempts to have the case dropped prior to trial failed. At the close of the four day trial, the jury game back with a guilty verdict on the reckless endangerment charge. The defendant was found not guilty on the second-degree assault count, which actually carries a greater maximum sentence of 10 years in jail compared to the 5-year max for reckless endangerment. Both charges are misdemeanors in Maryland.

Victim Impact at Sentencing

0
0
When you've been convicted in Maine of a crime where a victim was involved, that victim has a right to speak at your sentencing hearing.  Oftentimes, victims don't testify as the impact of the crime was so emotionally damaging that they can't bear to come into court.  However, when the victim makes the effort to make a statement, you can bet the judge is going to listen. Oftentimes, victim impact statements are emotionally charged when one of three types of crimes were committed: 1.  Murder or manslaughter 2.  Gross Sexual Assault (rape) 3.  White collar crimes such as embezzlement Occasionally, a victim statement will have such an impact on the judge that he/she will refuse to accept the agreed to plea bargain.  The judge can consider the victim's input when fashioning a sentence and in particularly emotionally charged cases, can come down heavy against the defendant. As the judge has a large degree of independence and latitude in sentencing, it is often necessary to bring mitigating factors to the judge's attention.  These factors include but are not limited to the client's home life; obstacles that stood in the way of emotional and intellectual development; substance abuse issues that explain to some degree, the client's behavior; psychological issues; and finally, support from family, friends and members of the community.  When the prosecutor and/or the victim is explaining what a monster the client is, it's important to paint a different picture for the judge and show him/her that the person pending sentencing isn't a monster and is instead, a sympathetic yet highly flawed human being. Because of the real possibility of a victim impact statement adding months or years onto a sentence, it is important to be prepared for sentencing and to forcefully argue mitigating factors that hopefully, balance out the victim impact statement.

Stevens on the Presumption of Innocence and Pre-Trial Detention

0
0
Lonneke Stevens (VU University Amsterdam - Faculty of Law) has posted The Meaning of the Presumption of Innocence for Pre-Trial Detention: An Empirical Approach on SSRN. Here is the abstract: The presumption of innocence is considered to be an important...
Viewing all 71824 articles
Browse latest View live




Latest Images