People v. Holmes Court Discusses the Creditably and Reliability of Information Received by Informant The defendant was arrested after a registered informer, told the police that a man fitting his description was selling cocaine in front of a bar in...
People v. Holmes
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"Ex-Governor of Virginia Is Indicted on Charges Over Loans and Gifts"
From The New York Times: Former Gov. Bob McDonnell of Virginia and his wife, Maureen, were indicted Tuesday by a federal grand jury on charges of accepting more than $140,000 in loans and gifts in exchange for promoting the business...
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State-level anti-NSA surveillance bills popping up
Reported Mother Jones (Jan. 21):This month, lawmakers in six states introduced versions of model legislation designed to deny the NSA state resources or cooperation from state officials. The bills cover everything from banning evidence collected by the NSA from being introduced in state courts to shutting off the supply of water and electricity to the agency's in-state data centers."If the feds aren't going to address the issue, then it's up to the states to do it," says David Taylor, a GOP member of the Washington state House of Representatives whose Yakima Valley district hosts an NSA listening post. Taylor's bipartisan bill, introduced last week, would cut off "material support, participation or assistance" from the state and its contractors to any federal agency that collects data or metadata on people without a warrant. Practically speaking, it would mean severing ties between the NSA and state law enforcement, blocking state universities from serving as NSA research facilities and recruiting grounds, and cutting off the water and power to the agency's Yakima facility.Similar bills, some of them less broad, have been floated in California, Oklahoma, Indiana, Missouri and Kansas. Others are expected in coming months in Michigan, Arizona, and Utah. Given that one of the NSA's main spook data centers resides in San Antonio, I'd love to see similar legislation filed in Texas during the 84th legislative session in 2015. According to this video from the Tenth Amendment Center, an NSA data center in Utah uses 1.7 million gallons of water per day. If the San Antonio location uses anywhere near that much, it's not an insignificant thing given that city's chronic water shortage:Since Barack Obama will still be president when the Texas Legislature meets again, I could see this gathering significant attention and momentum among the Tea Party crowd, though it would be virtually impossible to pass: The fact that House Speaker Joe Straus hails from San Antonio probably means it could never get a floor vote in that chamber, while the 2/3 rule would probably keep it from getting a vote in the Texas Senate. Still, the tactic would raise the profile of electronic privacy issues and, if something like that ever passed in a state like Texas or Utah where the NSA has a big physical plant, it'd be awfully fun to watch what happens. RELATED: What can states do to rein in NSA phone surveillance?
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Night of Heavy Drinking Said to have Preceded Alleged DUI Crash
The Clairemont Mesa neighborhood of San Diego was the scene of a tragic car accident on January 10, 2014. The collision, which took place on a connector road between Interstate 805 and Route 52, resulted in the deaths of three … Continue reading →The post Night of Heavy Drinking Said to have Preceded Alleged DUI Crash appeared first on .
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Texas Police Interrogations: Constitutional Protections Exist, Do You Know Your Rights Should Police Question You?
Police interrogations happen all the time here in Dallas, and over in Fort Worth as well as the rest of Texas and around the country. Texas law enforcement officers (troopers, police officers, deputies) arrest people then interrogate them and take people into interrogation rooms for questioning as part of crime investigation routinely. These actions are...The post Texas Police Interrogations: Constitutional Protections Exist, Do You Know Your Rights Should Police Question You? appeared first on Dallas Justice.
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Russian Arms Dealer Viktor Bout Will Not Appeal 25 Year-Sentence to U.S. Supreme Court
In 2008, DEA agents arrested Russian arms dealer Viktor Bout in Bangkok, Thailand, during a sting operation in which agents posed as buyers for the Revolutionary Armed Forces of Columbia, or FARC. After a delay of two years in extraditing Bout from Thailand, he was transferred to New York where he was charged in the U.S.... Continue Reading
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Whistleblower False Claims Allegations Lead to $40.1 Million Settlement with CareFusion
Copyrighted Material by The Pate Law FirmCalifornia-based CareFusion, a medical technology corporation, will pay the government $40.1 million in a settlement over allegations that the company violated the False Claims Act. The company, which develops and manufactures medical technologies...Read More »
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DOJ Joins Eight False Claims Whistleblower Lawsuits Against Health Management Associates
Copyrighted Material by The Pate Law FirmThe Justice Department has announced that the government will intervene in eight pending lawsuits against hospital chain Health Management Associates Inc. (HMA) for violations of the False Claims Act. HMA allegedly admitted patients...Read More »
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Flint Man Accused in Shootout at South-Side Home Facing Federal Gun and Drug Charges
A 45-year-old Flint man whose name has not yet been released pending his arraignment hearing has been arrested on federal drug and gun charges in connection with a shootout at his south-side Flint home, according to news reports at Mlive.com. The suspect, who is a convicted sex offender, is accused of being a felon in possession of a firearm and intending to distribute heroin.
On January 15, Flint police were dispatched to the suspect's home after receiving a report of shots fired. In the meantime, the man was under investigation by the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) which had obtained a federal warrant to search his home. Police were called to the scene before the home could be searched by federal agents.
Upon arriving at the scene, police were told by the suspect that a woman had phoned him requesting to borrow money. When she arrived at his house, three men entered when he opened the door. He maintained that himself and the three men fired guns inside and around the residence, which authorities supported upon investigating due to evidence of more than one caliber of firearm.
An affidavit filed by an ATF agent stated that the home was searched by federal agents after being processed by Flint police evidence technicians. The search of the home allegedly revealed a .45 caliber handgun which had been reported stolen out of Burton, and approximately 68 grams of heroin that was separately packaged into various amounts.
The suspect had been convicted on two counts of first-degree criminal sexual conduct in 1990, and is a registered sex offender who is required to register for life. He is scheduled for a detention hearing on January 22 and remained in custody.
Charges of possession of heroin with intent to deliver are extremely serious in Michigan. Heroin is a Schedule 1 drug, which means it is one of the most dangerous and addictive of all narcotic drugs and substances. Individuals who are convicted of possession with intent to deliver will face severe criminal penalties which include 20 years to life in prison and astronomical fines of between $25,000 and $1 million dollars. The specific criminal penalties an individual may face depend on a number of factors including the type/amount of drug involved.
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Two Michigan Companies Reach $3.8 Million Settlement for False Disadvantaged Business Claims
Copyrighted Material by The Pate Law FirmTwo Michigan-based companies have agreed to pay $3.8 million to settle a federal lawsuit brought by the U.S. Department of Justice (DOJ) over allegations that they fraudulently made claims for Disadvantage Business Enterprise...Read More »
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Grand Rapids Woman Gets Year in Jail for Embezzling $148,000 from Employer to Play Keno
Mande Lynn Bishop, a 39-year-old Grand Rapids woman formerly employed as an officer manager for Strategic National, a political consulting firm, recently pleaded guilty to embezzling more than $148,000 from her employer to play Keno. News reports at Mlive.com state Bishop embezzled the money over a six-month period beginning in January of last year.
Bishop was sentenced to one year in jail and ordered to pay restitution of nearly $150,000. On Tuesday January 21 Bishop attended her sentencing hearing, bringing a $25,000 check to begin paying the restitution, according to her defense attorney who said the check would be delivered to the court clerk's office that day.
According to Grand Rapids police, the defendant confessed that she had forged checks written directly to herself, using the money to play Keno, a state lottery game. Bishop said in court that she was sorry for her "despicable" actions, and very remorseful. Because she is a mother of a 2 1/2 year old child with no prior felony convictions, she asked Judge Donald Johnston to consider these factors when determining her sentence. While the judge considered these facts, he said that considering the time span of the embezzlement and the hefty total, a period of confinement was in order. Bishop will begin her 12-month jail sentence on January 31; the judge allowed her to return home until that time.
Embezzling is a very serious criminal offense in the state of Michigan. In fact, the criminal penalties for those convicted vary depending on factors including the amount of money involved. Had Bishop not pleaded guilty and gone on trial, she may have faced up to 20 years in prison for this felony crime.
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Frankenlust Township Man Offered Plea Deal by Prosecutors in Alleged Sexual Assault of Teen
In September of last year, 22-year-old Trevor C. Nuffer was charged with sexually assaulting a teenage girl in Monitor Township. The alleged victim told authorities that she had been sexually assaulted in her home. Nuffer was charged with accosting children for immoral purposes, and one count of third-degree criminal sexual conduct with a person 13 to 15. The alleged victim was 15 at the time.
On Friday January 17, prosecutors offered Nuffer a plea deal, offering to dismiss both charges if Nuffer would plead guilty or no contest to attempted third-degree criminal sexual conduct, according to news reports at Mlive.com. Prosecutors will withdraw their offer if Nuffer does not accept it by 9 a.m. on January 23.
If the defendant refuses the plea deal and goes to trial on the charges, he could face up to 15 years in prison if convicted of third-degree criminal sexual conduct; accosting children for immoral purposes is punishable by up to four years in prison.
Paul F. Beggs, Nuffer's defense lawyer, said in news reports that his client maintains his innocence, and that he does not expect Nuffer to accept prosecutors' plea deal. Trial will be held in Bay County Circuit Court if the defendant refuses the deal.
Michigan sex crime defense attorneys understand the uncertainty individuals face when accused of a crime, particularly one they did not commit. If Nuffer has indeed been wrongly accused and pleads guilty or no contest in order to ensure a lighter sentence, he will undoubtedly serve time. However, should he go to trial and be found guilty, the penalties he faces will be even more severe. Perhaps even worse than spending time in jail or prison, those who plead guilty or who are found guilty at trial face a lifetime of hardship. Their reputation and careers may be ruined; many who are convicted of a sex crime are required to register as a sex offender, sometimes for life.
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"In the Maldives, a right to rape your wife"
Eugene Volokh has this piece at WashingtonPost.com: The Maldive legislature tried to criminalize just some narrow categories of spousal rape — “while a case for dissolution of the marriage is in a court, while the divorce filed by either husband...
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CO - Greeley police chief supports easing sex offender living restrictions
Original Article
01/22/2014
By Nick McGurk
GREELEY - Sex offenders against children could be allowed to move closer to schools and parks in Greeley.
"We're trying to strike a balance between the need for public safety. We want to protect our kids from sex offenders, versus being able to have these folks rehabilitate and not re-offend out here," Greeley Police Chief Jerry Garner (Email) said.
- At least the sheriff is being rational and showing true statistics! See the video below.
Garner...
[[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]
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Alexander on Consent
Larry Alexander (University of San Diego School of Law) has posted The Ontology of Consent (Analytic Philosophy, 2014 Forthcoming) on SSRN. Here is the abstract: In this paper, I show that consent is neither a performative nor a mental state...
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Google Canonical Quirk?
How well does Google handle the canonical tag?
We just found a quirk that makes us wonder. Here's what piqued our interest - we noticed some landing pages in our Google Analytics that were not consistent with our url structure. Check the image below:
As you can see, two of our top landing pages appear twice under slightly different urls. One version includes a 4-digit number (the post id)
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Aggravated Unlawful Use of Weapon Conviction Vacated
My client was charged with Aggravated Unlawful Use of a Weapon under 720 ILCS 5/24-1.6(a)(1) back in 2004 and was found guilty at trial in 2006. Subsequently, in 2012, the Illinois Supreme Court ,in People of the State of Illinois v. Aguilar, held that the Aggravated Unlawful Use of Weapons statute is unconstitutional. In November […]
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Roseville Man Faces Four Years in Prison After Pulling Gun on Paramedics
On Friday January 17, 50-year-old Steven DeKane of Roseville allegedly aimed a .25-caliber handgun at paramedics who had arrived at his apartment to help him; DeKane was said to have been intoxicated, according to news reports at Mlive.com.
Paramedics arrived at DeKane's apartment, located in the 30000 block of Sandhurst at approximately 11:30 a.m. His sister had contacted authorities after DeKane called her, telling her that he had fallen and was injured. When paramedics arrived at the scene the door was closed and they could get no answer after repeatedly trying to get someone inside to come to the door, which was not locked. Paramedics entered the apartment after announcing their presence and were met with a "highly" intoxicated DeKane, who they allege pointed the handgun at them and just stared as they tried to communicate with him.
Police were called by paramedics after they retreated from the apartment. Upon their arrival, DeKane was said to be uncooperative even though police had convinced him to put down the gun. A release issued by police stated that the suspect had to be forcibly taken into custody. As of the time of news reports, DeKane was in custody pending payment of a $7,500 bond.
He has been charged with brandishing a firearm and assault with a dangerous weapon.
In Michigan, assault with a dangerous weapon (felonious assault) is a very serious criminal charge. While DeKane no doubt regrets his actions now and the fact that his high level of intoxication likely led to the altercation, it is extremely serious when an individual pulls a gun on medical personnel. If DeKane pleads not guilty to the charges and goes to trial, prosecutors will be vigorous in their efforts to convict him. If convicted, the criminal penalties include fines of up to $2,000 and up to four years in prison according to Michigan Penal Code 750.82.
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Man Convicted of Unarmed Robbery Acquitted by Court of Appeals
Last month, 30-year-old Jason G. Lehre gained an outright acquittal from the state Court of Appeals, something that rarely happens. Lehre's conviction for unarmed robbery of a man outside a bowling alley in Warren was overturned. Lehre had been sentenced to 11 to 20 years in prison for the robbery in which a man's gold necklace was allegedly stolen.
Another man who was allegedly involved in the robbery, 34-year-old Michael C. Garrison, also had his conviction overturned by the appeals court, although he will get a new trial. Lehre was tried by prosecutors for aiding and abetting in the commission of the crime.
The Michigan Court of Appeals found that two elements of three which must be proven by prosecutors beyond a reasonable doubt were not proven due to insufficient evidence. To be convicted of unarmed robbery in Michigan, it has to be proven that:
The crime the defendant is charged with was committed by the defendant or another person, and
the defendant offered encouragement or performed an action that assisted in carrying out the crime, and
the defendant intended to commit the crime, or knew at the time he/she gave encouragement that the other person intended to commit the crime
At trial, police claimed that Lehre punched Andrew Ashton, the victim, then ripped a gold necklace from his neck. Ashton testified that Lehre may have tried to intervene to prevent the robbery, as he stood between Ashton and Garrison and did not help or encourage Garrison.
The Court of Appeals determined that the second and third elements were not proven by prosecutors because there was not sufficient evidence to prove that Lehre gave encouragement or assisted in the unarmed robbery.
Michigan criminal appeal attorneys know that it is highly unusual for the state's Court of Appeals to acquit an individual who has been convicted of a crime. Having a conviction overturned is very rare, and typically requires that the individual be re-tried.
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BREAKING: Abdullah al-Qahtani Again Under Imminent Threat of Execution
The 60,000 letters sent by Amnesty activists like you likely kept Abdullah alive last year. We need you to rise to Abdullah's defense once more.
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