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Susan On The Initial Inspiration For Her Military Rape Lawsuits


Is an executed murderer now haunting Missouri's efforts to carry out death sentences?

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The somewhat tongue-in-cheek question in the title of this post is prompted by this notable new commentary by Andrew Cohen at The Atlantic. Here is the headline and subheadline of the article: "The Ghost of Herbert Smulls Haunts Missouri's Death...

Former Real Estate Agent Gets 5 Years in Prison for Fraud

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Matthew Sysum, 44, Fort Collins, Colorado, who was convicted of running a mortgage fraud scheme, was sentenced in Weld County District Court to five years in prison. A jury in December 2013, convicted the defendant of seven counts of Forgery, a Class 5 felony, and one count of Theft, a Class 3 felony. He was […]

How might opponents of marijuana reform want Colorado to spend its $100 million in new annual tax revenue?

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The question in the title of this post is prompted by the notable tax revenue news emerging from Colorado as reported in this New York Times piece headlined "Colorado Expects to Reap Tax Bonanza From Legal Marijuana Sales." Here are...

Banks Shy Away From Processing Marijuana Transactions in Colorado – Will Anyone Step Up?

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Last Friday, the Department of Justice (DOJ) and the Department of Treasury, Financial Crimes Enforcement Network (FinCen), both published new guidance in connection with the legalization of recreational marijuana in Colorado. Because marijuana use remains illegal under federal law, the banking industry is prohibited from servicing any marijuana-related bank accounts. This forces the recreational marijuana […]

Louisiana chiropractor facing 34 fraud, identity theft charges

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Not every violation of the law is equal to every other violation. A financial crime, especially when the aggrieved party is the federal government, might seem insignificant in the scheme of things compared to a violent crime such as assault...

VT - Law would mandate that state notify communities of nearby sex offenders

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Sen. Dick SearsOriginal Article 02/22/2014 Several senators want to inform communities about where registered sex offenders live. Introduced by a pair of Democratic lawmakers from the Northeast... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Crimjust news and notes

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Here are a few items that caught Grits' attention this week but haven't made it into independent posts:Covering Texas DA's racesSee coverage of DA's races in Harris, Dallas, Tarrant, and Bexar Counties.'Deadly Affection'The Dallas Morning News this week published an informative series on domestic violence investigations and prosecution.A local argument against jail privatizationA GOP commissioners court candidate in Liberty County wants the private prison firm Community Education Centers out of the local jail, reported Texas Prison Bidness, to end the "waste of millions of dollars." The county's contract stipulates that per-inmate costs go up when incarceration levels fall, meaning the county continues to pay even when crime falls and they use the jail less.Special treatment by Tyler police for Smith County official?Smith County Judge Joel Baker - a member of the State Commission on Judicial Conduct - was investigated by local police for allegedly pointing a video camera at a neighbor girl's window and soliciting contact through messages on an IPad. This blog published the police report and suggested Baker received special consideration. Student arrested for jaywalkingApparently Austin police have a lot of extra time on their hands: According to the Daily Caller and local news, the police had camped on a corner and were issuing jaywalking citations. The jogger came along, wearing earbuds listening to music. That’s common around the university, around the city, around the entire world.Police ordered her to stop, and she did not hear them and continued jogging. Police then chased her and tried to grab her to get her attention, and she reacted as just about anyone would, and tried to brush them off before realizing that they were police officers. A witness, Chris Quintero, saw the incident and said that it was clear that the woman could not hear the police officers when they first approached her, and reacted to being touched from behind.Jaywalking is a Class C misdemeanor, not typically an offense that leads to arrest. Police say the jogger was arrested for failure to identify herself and for a traffic signal violation. The arrest is under investigation.Flawed forensics and 'shaken baby syndrome'Radley Balko had a piece yesterday on the changing science involved in shaken baby cases and the difficulty courts have reevaluating convictions based on faulty forensics.'House of Cards' gets it wrong on legal standard for phone surveillanceThis blog post explains why.Secret cell phone trackingACLU's Free Future blog had a good post this week about secrecy surrounding cell-phone location tracking by law enforcement.

Child Porn as a Political Weapon by the Growing US Police State

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Original Article Show Description: This week, Activist Central radio welcomes guest Kitty Wolf, citizen investigator helping to expose the truth about our country’s deepening Constitutional crises... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

A View from the Trenches

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After handling criminal defense appeals for the last several years, I recently transferred to a public defender office.  This move will involve being at the courthouse on a daily basis.  Naturally, that change in positions has brought a new perspective on how I am reading and analyzing recent federal and state decisions.  With this different viewpoint,  my blog posts will aim to discuss the possible impact that cases may have on those practicing in the courtroom.  In other words, a review of recent appellate decisions from the trial lawyer's point of view.The posts will range from the simple courtroom practices to substantial changes in criminal defense law.  Along the way, I hope these posts will include trial practice discussions regarding pre-trial motions, jury instructions, closing arguments.  If nothing else, I write to educate myself and those who are along side me in the trenches.   

Sex Offender Name Changes Bill Heads to Governor's Desk

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A court hearing required to change a name, but no court hearing to decide whether the state can use that name? And no other offender type has such restrictions? Boy, does this sound like fodder for... [[This,an article summary.Please visit my website for complete article, and more.]]

Constitutional Impeachment: An Alternative to Assassination

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The Constitution‘s Impeachment Clause regarding the president and all civil officers of the United States is in Article II  and reads: “The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” The Constitution’s Article […]

Former Merrill Lynch Financial Adviser Gets 10-Year Sentence For $2.7 Million Ponzi Scheme

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A Nevada man who operated a $2.7 million Ponzi scheme while employed as a financial advisor at Merrill Lynch learned he will spend the next 10 years in federal prison. Gary H. Lane, 60, received the sentence from U.S. District Judge Robert C. Jones after previously pleading guilty in September 2013 to twelve counts of mail fraud and seventeen counts of attempted tax evasion.  Lane's attorney has indicated he plans to appeal the sentence. Lane was a long-time financial advisor at Bank of America Investment Services, which later merged with Merrill Lynch.  There, beginning in at least May 2002, Lane targeted inexperienced elderly investors with the promise of steady annual returns of six percent through investments in United States treasury bonds with maturities of two years or less.  Based on these representations, Lane convinced at least eleven elderly investors to entrust him with over $2 million.  After he received the money, Lane would then send each investor written documentation purportedly confirming the purchase of the promised treasury bond(s).  However, according to authorities, a treasury bond with a maturity of two years or less never had an annual return of anywhere close to six percent during the relevant time period.  Additionally, there was no record of Lane purchasing the investments through his employer.  Instead, Lane is alleged to have diverted investor funds to his wife, who would then in turn deposit the funds into an E*Trade owned by her.  Lane never purchased any treasury bonds as promised, said authorities; instead, the purported "confirmations" were fictitious and investor funds were used for Lane's personal expenses or to make Ponzi-style payments to existing investors.  Lane was fired from Merrill Lynch after the firm learned of his outside business activities, which presumably were never disclosed to the firm despite strict disclsure obligations.  Lane was subsequently barred by the Financial Industry Regulatory Authority from associating with any member firms.  Merrill Lynch has since paid restitution to the defrauded investors, who were also permitted to keep the fictitious interest payments made by Lane.  

Law would mandate that state notify communities of nearby sex offenders

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Another useless law which will cost taxpayers. Guess the online registry needs to be removed in favor of these personal notifications provided by this useless law. What will folks do if someone... [[This,an article summary.Please visit my website for complete article, and more.]]

Comprehensive sex offender legislation introduced

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2-22-2014 Rhode Island: STATE HOUSE – “As long as there is one sex offender out there that we cannot account for, there is the potential for great harm, the potential for another victim,” said... [[This,an article summary.Please visit my website for complete article, and more.]]

"Chapo" Guzman Captured in Mazatlan

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Joaquin "El Chapo" Guzman Loera, leader of the Sinaloa cartel, has been captured in Mazatlan, Mexico. Guzman, accompanied by a female, was captured in a joint operation with Mexican marines and Drug Enforcement Administration authorities... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

NYT: Another Step on the Path to Settling Frisk Cases

NPR: In 'Domain Awareness,' Detractors See Another NSA

NPR: Drone Law, On The Media

PA: Funeral homes are in a closely regulated industry, and warrantless inspection scheme does not violate the Fourth Amendment

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Pennsylvania funeral homes are in a closely regulated industry, and warrantless inspection scheme does not violate the Fourth Amendment. Heffner v. Murphy, 2014 U.S. App. LEXIS 2970 (3d Cir. February 19, 2014): => Read more!
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