I have written a law review article emphasizing that the mere existence of a sentencing commission within a jurisdiction does not magically solve or even necessarily improve the development of sentencing and corrections laws and policies in that jurisdiction. Indeed,...
Isn't it crazy (and one reason for much dysfunction) that California does not have some kind of sentencing commission?
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NJ - Bill to shield texting teens stalls due to registration fees
Original Article
12/21/2013
By Melanie Burney
TRENTON - A bill that would exempt New Jersey teenagers caught sexting with their peers from registering as sex offenders stalled in the Assembly on Thursday.
The measure was scheduled for a vote by the full Assembly but hit a last-minute snag, said Wayne P. D'Angelo (D., Mercer), one of its sponsors.
"It was a done deal," D'Angelo said, adding that he was "highly disappointed" by the setback, which stemmed from a provision that would impose a...
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CA10: Not clearly established there's a right to immediate release when facts for arrest evaporate
It was not clearly established for qualified immunity purposes that a person lawfully arrested has a constitutional right to be immediately released on finding that the conditions for the arrest weren’t all true. Here, plaintiff was arrested for possession of a firearm under a protective order, but, in this situation, this wasn’t a crime because the order didn’t involve an “intimate partner.” Panagoulakos v. Yazzie, 2013 U.S. App. LEXIS 25348 (10th Cir. December 20, 2013):
=> Read more!
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VA - Getting Results: Montgomery’s name taken off Florida sex offender registry
Johnathan MontgomeryOriginal Article
12/23/2013
By Todd Corillo
Norfolk (WTKR) - Just days after receiving his Writ of Actual Innocence (PDF) from the Court of Appeals of Virginia, Johnathan Montgomery is still fighting to fully clear his name.
On Friday, the court issued the writ, vacating the false sex crimes charges against him (Elizabeth Coast).
However, Montgomery remained listed as a registered sex offender online in the states of Florida and North Carolina.
In an e-mail to...
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N.D.Ill.: Tobacco sales are highly regulated under Burger
Tobacco sales are highly regulated under Burger. By undertaking to sell tobacco products, the business is subject to regulatory searches over whether the cigarettes are taxed. United States v. Hamad, 2013 U.S. Dist. LEXIS 178720 (N.D. Ill. December 20, 2013):
=> Read more!
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**Final Update** Injury Crash Blocks US20 Near Ashton
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
District 6 1540 Foote Dr.
Idaho Falls, Idaho 83402-1828
(208) 525-7377 FAX: (208) 525-7294
For Immediate Release: 12/23/13 11:20 PM.
Please direct questions to the District Office
At approximately 7:10 PM today, December 23, 2013, the Idaho State Police investigated a two-vehicle injury crash on US20 at milepost 376, six miles west of Ashton. Joanna Barker, age 75, of Island Park, was traveling east on US20 when she lost control of her vehicle, crossed the center line, and struck an Idaho Transportation Department snowplow driven by Melissa Moyer, age 46, of St. Anthony. Barker was transported by ground ambulance to Madison Memorial.
The crash is still under investigation.
Updated release:
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The road is now open in both directions following the crash. More information will be released as it becomes available.
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Original release:
At this time, the Idaho State Police is investigating a two-vehicle injury crash involving an Idaho Transportation Department snowplow and a passenger vehicle at milepost 376, about 6 miles west of Island Park. Both lanes are blocked. Because there is also considerable fog in the area, US20 has been blocked at Ashton or milepost 361. More information will be relayed as necessary.
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Merry Christmas and a happy new year to you all!
© 2006-2013 | Sex Offender Issues (Facebook)
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W.D.Okla.: That multiple names surfaced in robbery investigation wasn't material where one man who knew def. ID'ed him
Callers to a crime tip line ID’ed multiple suspects as a bank robber, but one said he’d known defendant for 10 years and he was sure it was him. Omitting the others was not material for Franks purposes. United States v. Richardson, 2013 U.S. Dist. LEXIS 178751 (W.D. Okla. December 20, 2013):
=> Read more!
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Kunstsammler Gurlitt unter Betreuung gestellt
Jahrelang lebte Cornelius Gurlitt zurückgezogen mit der verloren geglaubten Kunstsammlung seines Vaters. Nun hat das Amtsgericht München den 80-jährigen vorläufig unter Betreuung gestellt – aus gesundheitlichen Gründen. Gurlitt soll gesundheitlich schwer angeschlagen sein und sich deshalb in einem Krankenhaus in Deutschland aufhalten. Von den dortigen Ärzte sei der Antrag gestellt worden, ein Betreuungsverfahren einzuleiten. Dies […]Original: Kunstsammler Gurlitt unter Betreuung gestellt
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NH - Keene man shot and killed in his Pearl Street home
Original Article
When is the states going to take the online hit-list offline to be used by police only? They may say this is an isolated case, but we beg to differ.
This is why all registrants should purchase a home security system!
12/23/2013
By Alyssa Dandrea
A Keene man was found dead inside his home at 170 Pearl St. in Keene Saturday night, according to the N.H. Attorney General’s Office.
_____, 48, was the victim of an apparent homicide, N.H. Assistant Attorney General Benjamin J....
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One Vehicle Crash Northbound US95 near milepost 156
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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IDAHO STATE POLICE NEWS RELEASE
Teresa Baker
Public Information Officer
Headquarters
700 S. Stratford Dr., Meridian 83642
(208) 884-7122
Fax (208) 884-7087
For Immediate Release: 12/24/13 at 4:51 a.m.
On Monday, December 23, 2013, at 10:47 p.m., the Idaho State Police investigated a one-vehicle injury crash northbound US95 near milepost 156, north of Council.
Troy M. Ahlers, 15, of Lewiston, was driving northbound on US95 in a 2011 Dodge Pickup truck, when he lost control of the vehicle, went off of the road, and struck a tree. Ahlers and a juvenile passenger were transported by ground ambulance to Saint Luke's McCall Medical Center. Marvin D. Hairston, 66, of Peck, was transported by air ambulance to Saint Alphonsus Regional Medical Center in Boise.
All occupants were wearing their seatbelts.
This crash is under investigation by the Idaho State Police.
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Alleged Poway Underage Drinking Party Leads to Arrests and More
Police say that an underage drinking party took place in the San Diego suburb of Poway this past Friday night. The event has left a trail of arrests and hospitalizations in its wake. According to a news report, police received … Continue reading →The post Alleged Poway Underage Drinking Party Leads to Arrests and More appeared first on .
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Get A Free Ride With Operation Ride Safe
Get a free cab ride with Operation Ride Safe. If you consume too much to drive this Holiday season and you are in Montgomery County your ride is free. Operation Arrive Safe, a program sponsored by the Montgomery County Prosecuting Attorney’s Office and the Ohio State Highway Patrol will pay for a cab to give you a lift. This program, which was started in Christmas 2007, has provided over 800 cab rides to prevent drunk driving. If you [Read the full post. . .]
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Pennsylvania seeks to Increase Penalties for Child Pornography Crimes
The Pennsylvania State Senate recently approved a bill to increase the degree of child pornography crimes. The bill was approved in response to the Jerry Sandusky and Catholic clergy molestation scandals that have occurred in Pennsylvania.
Under the new bill; producing, disseminating or viewing child pornography would be considered more serious crimes if the material depicts indecent contact with a child. This would make the production of child pornography as high as a first-degree felony on a second and any subsequent offense. Other related bills pending in the Legislature would increase the punishment for people found guilty of covering up child abuse and expand the list of people required to report a suspicion of child abuse.
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Nearly 3 Years After Schemer's Suicide, Victims Receive First Distribution
"I just closed another matter in which total payment was 2.7 percent," he said. "So even though 35 percent to 40 percent doesn't sound very good, it is pretty dramatic for a situation where you had a Ponzi scheme."
- Court-appointed Receiver Steven Harr
Victims of a Houston investment advisor that committed suicide shortly after authorities began an investigation are set to receive a pro-rata portion of a $10 million distribution approved by a Texas federal court. David Salinas, a former college booster whose victims included a who's-who of college athletics, is believed to have run a massive Ponzi scheme that may have bilked victims out of more than $50 million. The distribution to victims comes at the request of court-appointed receiver Steven Farr, who estimates that victims could eventually recover 35% - 40% of their losses.
According to the SEC, Salinas and Brian A. Bjork formed two entities, Select Asset Management and J. David Financial, to orchestrate two fraudulent offerings of securities from at least 2004 until 2010. The schemes collectively solicited more than $50 million from over 150 investors who believed their funds were being used to either purchase bonds in large U.S. companies or fund a short-term commercial loan portfolio. Salinas also used his affiliation with a prominent Houston summer basketball program to solicit high-profile college athletics coaches, including Arizona coach Lute Olson, Baylor coach Scott Drew, and Texas Tech coach Billy Gillespie.
Farr, the court-appointed receiver, indicated that he had received collective claims from victims of over $50 million. Of those claims, approximately $33 million have been approved for inclusion in the distribution process, while more than $13 million of claims remain subject to review. While the amount of the current distribution may reflect a downward revision to adjust for reserves for undecided claims, the latest report from Farr showed that an additional $14 million remains in reserves.
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CA1: Miranda warnings do not apply to Terry stops
Officers had reasonable suspicion of credit card fraud from three men in an SUV who came into the store one at a time. The first used a credit card successfully for a video game system, but the second had a card in the same name that was declined. The third came in asking about video game systems, and the store employee sent them to another store. Police got the call and found them at the other store. When confronted by the police, two of the defendants disavowed any privacy interest in it, so they lacked standing. Finally, Miranda warnings do not apply to Terry stops. United States v. Campbell, 2013 U.S. App. LEXIS 25585 (1st Cir. December 23, 2013):
=> Read more!
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Pre-Christmas Eve Open Thread
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Colorado Issues 136 Marijuana Business Licenses
Christmas comes early to Colorado....The Denver Post reports the state made history yesterday when it became the first state to issue businesses licenses to sell marijuana for recreational use. So far, 136 licenses were issued. The licensed stores...
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LARRY HANDFIELD MISDEMEANOR TAX EVASION CASE
@Davidovalle305 's tweet said it all:David Ovalle @DavidOvalle3051hThis shocked many in Miami's courthouse: Prominent lawyer Larry Handfield quietly pleaded guilty in federal tax caseThe Herald article is here. We've known Mr. Handfield for decades. He is as fine a criminal defense trial lawyer as there is in this town. We all have our mountains to climb in life, and if this is Larry's, we are confident he will climb it. We wish him the best and would never hesitate to vouch for his exceptional skills as a defense attorney. Many people in our community owe their freedom and in some cases their lives to Larry Handfield. He will over come this. Later today, our annual Santa Tracker will go up. So stop bombarding us with emails. Site Feed
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//blawgsearch75.rssing.com/chan-6519914/article4740-live.html
United States v. Mondragon, No. 12-30360 (12-23-13) (Graber with Tashima and Murguia). On a double jeopardy issue, the 9th affirmed the denial of dismissal of a superseding indictment. The defendant faced drug and firearm charges. He requested a settlement conference with a specific judge. While waiting for the judge to become available, the trial court empaneled a jury and was ready to begin. A plea was reached; the guilty plea entered, and then, before sentencing, the defendant sought to withdraw. The court denied the motion and sentenced him. The defendant then appealed, despite a plea waiver. The gov't said, "okay, you want to withdraw, that's fine with us." The sentence was vacated and the matter remanded. There was a superseding indictment, and then the defendant said, "Wait! This is double jeopardy." "Not so," replied the court, and "not so" stated the 9th Cir. The defendant asked for (1) the settlement conference; and (2) it was with a judge not assigned to the case." The defendant moreover also moved for the mistrial after the jury was empaneled. The 9th sidestepped Kyle, and judge involvement, because even if there was improper judicial involvement (again, the trial judge was not involved), the defendant was not forced into asking for mistrial. This was not a case of the court or gov't "goading" the defendant into moving for a mistrial. The defendant was not prevented from having the jury decide the case because the defendant himself asked for a settlement conference, reached a plea, and moved for the mistrial. He has now been returned to where he started.
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