In a recent case, State v. Holloman, the North Carolina Court of Appeals held that the trial court erred by convicting the defendant of both first-degree kidnapping and sexual assault when the sexual assault raised the kidnapping to first-degree. Since the issue is a recurring one, let’s review the rules. A person is guilty of […]
A Multiple Conviction Issue in Kidnapping Cases
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OR - Bill proposes life sentences for certain sex offenders
Peter CourtneyOriginal Article
02/02/2014
By Hannah Hoffman
Some sex offenders could be subject to mandatory life sentences without parole — a sentence currently reserved exclusively for murderers...
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Bill proposes life sentences for certain sex offenders
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Man Jailed for Lying to Owners About Sale of Timeshare Units
Pasquale Pappalardo, 60, Coral Springs, Florida, was sentenced today to 20 years in prison, with three years of supervised release, and was ordered to pay restitution in the amount of $1,061,401 and forfeiture of $3,500,000. Pappalardo was previously convicted in November 2013 in federal court in Fort Lauderdale of conspiracy to commit mail fraud and […]
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Loss Calculations and Trial Conviction Affirmed in Wire and Bank Fraud Case
UNITED STATES V. JOHNSON, NO. 12-3328-cr (2D CIR. FEB. 3, 2014) (POOLER, RAGGI, AND SCHOFIELD) (SUMMARY ORDER), AVAILABLE HEREPost-conviction for wire fraud and bank fraud, the defendant in this appeal challenged his sentence as procedurally unreasonable and challenged the sufficiency of the evidence to his intent to commit bank fraud pursuant to 18 U.S.C. § 1344. The district court calculated the loss amount by taking 30 percent of the total mortgage price of certain properties purchased, including those by two co-defendants. Because the defendant never challenged the presentence report's method of calculating loss and in his sentencing letter specifically contemplated guidelines that included losses incurred by the co-defendants, he waived any factual challenge on appeal. As to his sufficiency of the evidence claim, the defendant argued that the government failed to prove that the banks lost anything of value. The Court reconfirmed the Circuit's reading of the bank fraud statute "expansively" and noted that the bank need not actually be victimized to violate the statute if the defendant acted with the necessary intent. The evidence supported the jury's finding that he did and affirmed.
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VA - 13News Now Investigates: Sex offenders near school bus stops
Original Article
02/03/2014
By Nick Ochsner
VIRGINIA BEACH - A 13News Now investigation has uncovered hundreds of registered sex offenders living just hundreds of feet from school bus stops.
Our...
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"Research on [lead]’s effects on the brain bolsters the hypothesis that childhood exposure is linked to criminal acts"
Regular readers know I am intrigued by the possibility that lead exposure could be a very important part of the very important modern story of US violent crime rates. This new piece on lead and crime, appearing in Chemical &...
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UK - Renewed bid to make it difficult for those wrongfully convicted to claim compensation
Theresa MayOriginal Article
So they want to falsely convict you and lock you up, but when someone proves you did not do the crime they don't want you going after them? So if your ex falsely accuses...
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Admission of Co-Conspirator Statements at Defendant's Trial Did Not Violate His Confrontation Clause or Due Process Rights
UNITED STATES V. FAILING, NO. 10-3330-cr (2D CIR. FEB. 3, 2014) (KATZMANN, WESLEY, AND LOHIER) (SUMMARY ORDER), AVAILABLE HEREIn this case, the defendant was convicted after trial of conspiracy to possess methamphetamine with intent to distribute. He received 77 months' custody. On appeal he challenged the district court's admission of out-of-court statements by a co-conspirator pursuant to Federal Rule of Evidence 801(d)(2)(E) and argued that their admission violated his Confrontation Clause and due process rights. He also challenged his sentence as procedurally and substantively unreasonable claiming that the district court refused to consider arguments regarding his methamphetamine addiction. All of these claims failed.First, no error occurred as a result of admitting the co-conspirator's statements. To be admissible pursuant to Rule 801(d)(2)(E), the district court must find by a preponderance of evidence that the statement was made in furtherance of the conspiracy. The district court did not err by admitting the statements, which according to the Court reassured co-conspirators, induced their assistance, fostered trust and cohesiveness, or provided information about the conspiracy's progress.Second, no Confrontation Clause or due process violations occurred as a result of the statements being admitted at trial. Relying on United States v. Farhane, 634 F.3d 127, 163 (2d Cir. 2011), the Court explained that a statement is or is not "testimonial" by examining "the declarant's awareness or expectation that his or her statements may later be used at a trial." (emphasis added). In Failing's case, the co-conspirator who uttered the statements did not know that he was speaking to a government agent and, thus, was unaware that his statements might later be used at trial. The Court also disagreed with suggestions that the admissibility of such non-testimonial statements should be subject to a balancing analysis and noted the lack of authority in this regard.Finally, the record indicated that the district court in fact acknowledged and considered the defendant's methamphetamine addiction in imposing sentence, which was within the range of permissible decisions in this case.
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 585 In Search of Effective Ethics & Compliance Programs Maurice E. Stucke, University of Tennessee College of Law, Date posted to database: December 12, 2013...
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The Erie-ness of the Rules
Margaret S. Thomas, Constraining the Federal Rules of Civil Procedure Through the Federalism Canons of Statutory Interpretation, 16 N.Y.U. J. Leg. & Pub. Pol’y 187 (2013).Sergio J. CamposIn Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), the Supreme Court famously ruled that a federal court cannot displace state common law with its own common law. Justice Brandeis’s majority opinion suggested that the Constitution compelled this result, and ever since, the decision has been called everything from a “brooding [...]
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How to Overcome Virginia DUI / DWI (free book!)
Watch this video to request your FREE copy of my book: “How to Overcome Virginia DUI / DWI.” It’s packed with concrete tips to help you with your DUI case. Originally published at AndrewFlusche.com. © 2014 Andrew Flusche. How to Overcome Virginia DUI / DWI (free book!)
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THE YOUNGEST VICTIM
For those of you who support capital punishment and trumpet the greatness of the American judicial process, the news that George Stinney may get a new trial is probably considered good news and proof of the fairness of American courts. The triumph of Due Process as it were. The problem is that George Stinney was electrocuted at the age of 14 in Georgia on June 16, 1944. George Stinney was so small that the straps on the electric chair couldn't be tightened enough to secure his hands and legs. Stinney, who by now you probably realize was black, was convicted of the first-degree murder of two white girls: 11-year-old Betty June Binnicker, and 8-year-old Mary Emma Thames. No physical evidence existed in the case, and the sole evidence against Stinney was the circumstantial fact the girls had spoken with Stinney and his sister shortly before their murder, and his confession, which was obtained after the police bought him an ice cream cone.Following Stinney's arrest, Stinney's father was fired from his job. Stinney's parents and siblings were given the choice of leaving town or being lynched. The family was forced to flee, leaving George Stinney with no support during his 81-day confinement and trial.The entire Stinney trial, including jury selection, took one day. Stinney's court-appointed defense counsel was a tax commissioner campaigning for election to local political office. Stinney's lawyer did not challenge the three police officers who testified Stinney confessed to the two murders, despite this being the only evidence presented by the prosecution. The police did not make written records of Stinney's purported confession, and at trial, Stinney denied confessing to the crime.The jury at Stinney's trial consisted entirely of white people; due to racial segregation, no African-Americans were present in the courtroom. Stinney's counsel did not call any witnesses. Trial presentation lasted two-and-a-half hours. The jury took ten minutes to deliberate, after which they returned with a guilty verdict.Lawyers have now filed a motion for a new trial which a circuit judge is considering. We don't about you, but we keep thinking of that poor small child, his family forced out of town, surrounded by unfriendly white faces, being led in and out of court, and then a few months later, being led down some hallway in some prison, strapped into a chair, and electrocuted. Yeah, this is some great system of jurisprudence we have. Something to brag about. The next time someone tells you that no innocent person has ever been executed in the United States, mention to them that George Stinney never really had a chance to prove his innocence. See you in court. Site Feed
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Ohio’s OVI Forfeiture Law: Can I Sell My Car Before It Gets Forfeited?
Under Ohio’s OVI forfeiture law, you are not permitted to sell your car if it is subject to forfeiture. Ohio’s OVI forfeiture law is set forth at R.C. 4511.19(G)(1)(b), (c), (d) and (e) and R.C. 4503.233. Ohio’s OVI forfeiture law applies only when:
the vehicle is registered to the offender;
the vehicle was used in the incident;
it is the offender’s 3rd OVI conviction within 6 years;
it is the offenders 4th or more OVI conviction within 6 [Read the full post. . .]
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Pillsbury on Psychopaths
Samuel H. Pillsbury (Loyola Law School Los Angeles) has posted Why Psychopaths Are Responsible (ch. 16, Handbook on Psychopathy and Law (Kiehl & Sinnott-Armstrong, eds., 2013) Oxford Univ. Press) on SSRN. Here is the abstract: This book chapter argues that...
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Video: The Fourth Amendment yesterday, today and tomorrow
Constitution Center: Video: The Fourth Amendment yesterday, today and tomorrow by Jeffrey Rosen:
National Constitution Center president and CEO Jeffrey Rosen looks at the historical issues that led to the Fourth Amendment, and the current issues that could redefine it.
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Die Gerichtssprache ist deutsch – oder bald auch englisch?
„Die Gerichtssprache ist deutsch“ – insoweit war § 184 GVG bisher recht eindeutig. Dies könnte sich künftig ändern, denn der Hamburger Senat hat heute eine Gesetzesinitiative beschlossen, die in den Bundesrat eingebracht werden soll. Danach sollen am Landgericht Kammern für internationale Handelssachen eingeführt werden, an denen dann auch in englischer Sprache verhandelt werden soll. Ein […]Original: Die Gerichtssprache ist deutsch – oder bald auch englisch?
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G.S. 90-96 Limbo
The Justice Reinvestment Act made conditional discharge under G.S. 90-96(a) mandatory for eligible, consenting defendants. The law was amended last year to make it discretionary again for offenses committed on or after December 1, 2013. S.L. 2013-210. But while it was mandatory, a lot of defendants were placed on probation under G.S. 90-96(a). Naturally, many […]
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Reflecting on Obama Administration's latest "half-way" approach to clemency
Mark Osler authored this effective commentary concerning the recent comments coming from the Department of Justice concerning a new focus on granting clemency. The piece carries the headline "Only half-way there on mercy," and here are excerpts: In an extraordinary...
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Maine Citizens Work to Stop Sex Trafficking
Residents in Maine are fighting back against sex trafficking. WCSH Portland reports that some citizens have joined together to start the Anti-Trafficking Coalition Manager at Preble Street in order to get people talking about this increasing problem in the state. One of the biggest issues that anti-trafficking groups such as these have found is that many people are ignorant to the fact that this problem exists. In fact, as he Program Coordinator for Maine Coalition Against Sexual Assault, Destie Hohman Sprague, states:
"Maine is becoming quite well known as a recruiting ground for sex trafficking victims, in part, because the awareness is pretty low here."
In October, the group made big headway in being able to assist victims when they were granted $400,000 in federal funds to provide services to help victims turn their lives around. This is seen as a big accomplishment because using that money, they will be able to help victims start a new life.
Experts say that out-of-state sex traffickers are targeting 12 to 24-year-old women by promising them money, drugs, love or the chance for a better life. Instead, they are being trapped and forced into prostitution. Often, victims do not to come forward and report the crime for many reasons including embarrassment, fear and sometimes even because they develop feelings for their captors. The hope of establishing programs such as the Anti-Trafficking Coalition is to build a support network for the victims in an effort to bring them together and find new ways to prosecute offenders.
The Preble Street Coalition is part of a larger network called the Maine Sex Trafficking Exploitation Network. Together, they work to train social service providers, first responders and law enforcement agents on how this to recognize sex trafficking victims and provide assistance to them. Many victims are arrested for offenses such as prostitution or drug charges. The hope is that they can be recognized at this point as victims and an effort can be made to find those who have been profiting off of them.
In addition to these advocacy groups, new bills are also being proposed that could help trafficking victims. State Representative Amy Volk (R-Scarborough) recently proposed a bill that would create a trafficking intervention fund using money received from fining johns (those arrested for soliciting prostitution). The idea is to stop punishing the victims for minor crimes like prostitution and, instead, work to help them turn their lives around while working to stop those who have taking advantage of them. In addition to this bill, Maine passed an aggravated trafficking law last year that included higher penalties for anyone convicted of sex trafficking.
Sex trafficking is a difficult crime to stop because victims are also often afraid to speak up and evidence can be hard to come by. With measures like this, victims can be given the aid they need rather than developing criminal records for the crimes they are forced into committing. Hopefully, these steps can help towards making Maine a trafficking free state.
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