In New Mexico, domestic violence is considered a full misdemeanor, punishable by up to one year in jail or a $1000 fine or both. It important to consult with me right away to determine how to protect your rights. If you or a loved on have been arrested for domestic violence in the Albuquerque area, […]
What Is The Penalty If I Am Found Guilty Of Domestic Violence?
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What Jail Time Am I Facing With A First DWI.
In New Mexico, if you are convicted of a first simple, non-aggravated DWI, you face up to 90 days in jail, with no mandatory jail time. If you are convicted for an first aggravated DWI you face up to 90 days in jail with a mandatory consecutive 48 hours in jail. It important to consult […]
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New Law Gives Texas Exoneree Chance to Hold Former DA Accountable
A recently passed law in Texas that extends the period of time in which complaints of prosecutorial misconduct can be filed will enable a man exonerated from death row to file a new grievance against the district attorney who helped convict him based on perjured testimony. In 1994, Anthony Graves was convicted of murdering a Somerville, Texas, woman along with her daughter and her four young grandchildren. His conviction was based on the false testimony of Robert Carter, who confessed to the 1992 murders and implicated Graves as his accomplice. Carter later recanted, stating that Graves had no involvement in the grisly crime, but former Burleson County District Attorney Charles Sebesta pressured Carter into falsely testifying on the stand at Graves' trial, leading the jury to believe that Graves was guilty. Graves was sentenced to death for the crime that he did not commit. Graves was released from prison in 2010, more than 16 years after having been wrongfully convicted and four years after a panel of the 5th U.S. Circuit Court of Appeals in Texas ruled that Sebesta had engaged in misconduct in Graves' case. Upon his exoneration, Graves filed a complaint against Sebesta, but it was denied because of a four-year statute of limitations for prosecutorial misconduct grievances. The Austin Chronicle reports, however, that a new law passed in Texas last year will enable Graves to file a formal complaint with the State Bar until October of this year. According to the law, complaints can now be filed four years from the time of release from prison. The new law was passed in response to the case of Michael Morton, who, based on the misconduct of former Williamson County District Attorney Ken Anderson, was wrongfully convicted of murdering his wife and sentenced to life in prison before he was exonerated in 2011 after serving 25 years in prison. The Chronicle reports that Graves hopes to see Sebesta and the Texas criminal justice system held accountable for their role in his being wrongfully convicted. Graves wrote in an email to the Chronicle: "I am filing this grievance in hopes of restoring faith in our criminal justice system. . . . No one is above the law, and everyone should be held accountable - including prosecutors who abuse their authority, and I'm asking the state of Texas to support me in my efforts at seeking justice." Read the full story.
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Commentary on the Ohio Botch
The Daily Beast posts, "What Happens to the Death Penalty When Lethal Injection Isn’t Quick and Painless?" It's by Andrew Cohen. For decades supporters of the death penalty in America have embraced lethal injection not just as an evolutionary plateau...
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What Happens If I Do Not Appear For The Summons?
If you fail to appear for a criminal summons without a waiver of appearance from the court, the judge will issue a bench warrant for your arrest. It important to consult with me right away to determine how to protect your rights. If you or a loved on have received a summons in the Albuquerque […]
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The man’s last witness was his psychiatrist
A man has been released from prison after serving two consecutive sentences of 3 1/3 to 10 years following his conviction for rape and robbery. At the age of fifteen, he was convicted of being one of a large group...
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Father Ordered to Pay His Wife For His Outrageous Behavior
It happens far too often in family law…a marriage breakdown that should and could be resolved, turns into scorched earth litigation. Case in point: Madam Justice Watchuk in British Columbia’s Supreme Court walloped a litigant for his reprehensible behavior, ordering him to pay $35,000 to his wife. His over-the-top antics included rude, nasty, demeaning, and […]
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Osler on Drugs, Bombs, and the Erosion of Rights
Mark William Osler (University of St. Thomas - School of Law (Minnesota)) has posted Drugs, Bombs, and the Erosion of Rights (11 Ohio State Journal of Criminal Law 249 (2013)) on SSRN. Here is the abstract: David K. Shipler’s book...
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Where Is A Juvenile Taken After Being Arrested In Albuquerque?
Children are taken to the Bernalillo County Juvenile Detention Center located at 5100 Second St NW, Albuquerque, NM 87107. The telephone number is (505) 761-6600. It important to consult with me right away to determine how to protect your rights. If your child or a loved one have been arrested as a juvenile in the […]
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Missouri & the Means of Execution
Today's St. Louis Post-Dispatch reports, "Legislators want answers on Missouri's death penalty," by Jeremy Kohler. As Missouri prepares for its third execution in three months, state legislators are taking an interest in claims that the Department of Corrections used an...
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North Carolina & Lethal Injection Procedures
"NC court weighs who decides on execution drugs," is the AP report by Emery P. Dalesio. It's via BlueRidgeNow. A North Carolina appeals court is considering whether the state's proposed execution method of using lethal drugs is valid, less than...
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Tuesday Open Thread
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Tuesday Open Thread
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Louisiana Judge Ordered New Trial in 1993 Murder Case
Twenty years after a Louisiana man was convicted of murdering one person and wounding two others when he opened fire at a sweet-sixteen birthday party in New Orleans, Orleans Parish Criminal District Court Judge Darryl Derbigny announced on Friday that Jerome Morgan will be granted a new trial. The Times-Picayune reported that the court's favorable ruling of Morgan's post-conviction application was a result of two witnesses recanting their testimony and the discovery of new evidence. Shortly after the events at the 1993 party, two teenagers who were in attendance identified Morgan as the gunman and testified against him at trial. But three months ago, they recanted their testimony and said that the police coerced them into identifying Morgan as the shooter. According to the Times-Picayune, Derbigny wrote in his order: "The evidence presented before this court is wrought with deception, manipulation, and coercion by the New Orleans Police Department" and "such newly discovered evidence undermines the confidence of the verdict and is fit for a new jury's judgment." For 11 years, Innocence Project New Orleans has represented Morgan in his fight to prove his innocence. The Times-Picayune reports that Morgan is also represented by attorney John S. Williams. A bond hearing for Morgan will be held sometime this week. He will be detained at Orleans Parish Prison until then. According to Orleans Parish District Attorney Leon Cannizzaro, the state plans to appeal. Read the full article.
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SCOTUSBlog: Argument recap: Pushing the hypotheticals in Naverette
SCOTUSBlog: Argument recap: Pushing the hypotheticals in Naverette by Lyle Denniston:
=> Read more!
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THIS EXISTS: Law Allows Rapists to Escape Prison If They Marry Underage Victims
Amina Filali swallowed rat poison after being forced to marry the man who raped her. The Moroccan law that allowed this to happen could soon be repealed.
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CA2: Failure to corroborate snitch's claim of a buy denies qualified immunity to officer obtaining SW
A CI told the Troy NY police that he bought dope from “Stink” at 396 First Street. The CI couldn’t be corroborated, and the officer obtaining the warrant didn’t tell the issuing magistrate that surveillance of plaintiff’s house showed no criminal activity. A no-knock warrant was obtained and the police broke into the innocent plaintiff’s house with a flash-bang grenade. Plaintiff sued under § 1983, and the officers were denied qualified immunity for not corroborating the snitch and raiding the house of an innocent person. McColley v. County of Rensselaer, 2014 U.S. App. LEXIS 1124 (2d Cir. January 21, 2014):
=> Read more!
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"Court struggles with restitution for child porn"
The title of this post is the headline of this AP report on this morning's SCOTUS oral argument in Paroline v. United States. The AP article highlights the Justices' difficulties sorting through all the challenging competing issues in a case...
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Stay silent, my friends.
He’s the Most Incarcerated Man in the World.
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My time to be a shill: Book on sale today and tomorrow
Search and Seizure 5th ed. is about $95 off today and tomorrow.
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More Pages to Explore .....
