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Convicted Murderer Suspected of Killing Again: Authorities at a Northern California prison have named convicted killer Floyd Bailey as the prime suspect in the murder of his cellmate a few days ago.  The Associated Press reports that 50-year-old Ervin Savoy,...

Unpaid Customs Duties on Chinese Imports Results in $1.2 Million Settlement of False Claims Act Lawsuit

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Copyrighted Material by The Pate Law FirmThe U.S. Attorney’s Office has announced a $1.2 million settlement with Bizlink Technology Inc. resolving allegations that the company violated the False Claims Act in an effort to underpay customs fees on imports....Read More »The Pate Law Firm LLC

People v. Green

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People v. Green Court Discusses Prejudicial Treatment Resulting Prosecution’s Witness and Summation The defendant was arrested and charged with criminal possession of a dangerous drug in the fourth degree. The police went to the defendant’s apartment where he then sought to dispose of a bag by throwing it from a window. The bag was retrieved by an officer and 56 glassine envelopes were discovered. The defendant as well as the other occupant was arrested and charged. During the trial the defendant testified that he had never used or possessed drugs at any time. The one of the police officers testified that he heard the window open and close and that he was denied entry into the apartment by the defendant. Another officer testified that he saw the defendant throwing a bag from the window and he retrieved the bag. The defendant was convicted and appealed the conviction on the ground that he was denied a fair trial. The majority in the Appellate Division of the Supreme Court affirmed the decision of the trial court convicting the defendant on a single count of the indictment charging him with criminal possession of a dangerous drug in the fourth degree, notwithstanding the claim that the defendant was denied a fair trial by reason of, inter alia, alleged references by the trial court to drug trafficking and the sale of drugs. The issue was on of credibility between the officer who saw wen the defendant dropped the bag of narcotics and the defendant who stated that he never had any drugs. The police officers were seen as more reliable than the testimony of the defendant. The minority of the Appellate Court believed that the conviction was to be reversed the judgement because he was of the opinion that the defendant did not receive a fair trial because the testimony of the officer who retrieved the bag should have been excluded coupled with the summation of the Assistant District Attorney. The Assistant District Attorney summarized that because the criminal defendant called no character witness it could be inferred that the defendant was not a man of good character. The judge was of the belief that this summation resulted in prejudice for the defendant.

Huq on Habeas and the Robert Court

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Aziz Z. Huq (University of Chicago Law School) has posted Habeas and the Roberts Court (University of Chicago Law Review, Vol. 81, 2014) on SSRN. Here is the abstract: Postconviction habeas comprises about seven percent of federal district courts’ dockets...

"Prisoners Could Serve '1,000 Year Sentences In 8.5 Hours' In The Future"

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The title of this post is the headline of this awesome new article that an awesome former student sent my way. Here are excerpts: Future biotechnology could be used to trick a prisoner's mind into thinking they have served a...

Just How Reliable Are Photo Arrays? Challenging The Identification Procedure

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There is perhaps nothing more unfair and suggestive in criminal law than photo arrays.  This is a procedure where the police place before a witness several photos and ask if the person who committed the alleged crime is depicted in one of the pictures.  Included in the array is a photograph of the suspect and […]

FL - Local law enforcement refuses to turn over records on secret sex stings, despite questionable practices

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Pinellas PoliceOriginal Article 03/14/2014 By Noah Pransky PINELLAS COUNTY - Despite findings by 10 Investigates that officers and deputies may not have followed federal guidelines in trying to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

"Inquiry Seeks Port Authority Records That Involve Christie Ally"

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From The New York Times: Federal prosecutors in New Jersey issued a subpoena last week to the Port Authority of New York and New Jersey seeking records relating to its chairman, David Samson, and contracts on two bridge projects worth...

ME - Former Maine State Police chief (Andrew E. Demers) admitted sexual abuse of a child under 12-years-old and attempted suicide

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Andrew E. DemersOriginal Article 03/18/2014 By Beth Brogan NEW GLOUCESTER - Andrew E. Demers, a former chief of the Maine State Police, admitted to detectives that he had unlawful sexual contact... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

209A Restraining Orders and The Suspension of Firearms and Firearm Licenses

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Some people argue that the most onerous aspect of the Massachusetts restraining order statute is the requirement that firearms be surrendered.  Massachusetts General Laws Chapter 209A Section 3B states that once a restraining order issues the defendant must immediately surrender all firearms.  The law also requires the defendant to surrender all firearm licenses.  Those licenses […]

News Scan

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Illinois Man Pleads Guilty to Murdering Niece: An Illinois man agreed to plead guilty to first-degree murder for his role in the death of his 7-year-old niece.  Paul Donnelley of the Daily Mail reports that 22-year-old Justin DeRyke was babysitting...

LA - Judge Scott J. Crichton, "Sexting, Texting and Beyond"

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Education is the key to helping put a dent in sexual abuse. Glad this judge is doing this. We should teach this in schools. Video Description: The Hon. Scott J. Crichton, First La. District Court,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Chemerinsky and Ginsburg

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Jennifer Rubin has this column at the WaPo:Erwin Chemerinsky, the liberal (are there any who aren't?) dean of University of California at Irvine's law school, recently wrote to tell Supreme Court Justice Ruth Bader Ginsburg her days are numbered so...

MD - Howard County Police have charged a Baltimore police officer (Charles William Hagee) with sex offenses against a teenage girl

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Original Article 03/19/2014 Howard County Police have charged a Baltimore police officer with sex offenses against a teenage girl. Charles William Hagee was arrested this morning at Baltimore... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States

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Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States

Parry & Richardson on The Constitution and the Future of Criminal Justice in America

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John T. Parry and L. Song Richardson (Lewis & Clark Law School and University of Iowa - College of Law) have posted The Constitution and the Future of Criminal Justice in America (Cambridge University Press, 2013) on SSRN. Here is...

New Rock Hill Office

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The personal injury and criminal defense attorneys at Reeves Aiken Hightower & Burns LLP are pleased to announce the opening of their newest office in Rock Hill, South Carolina. This is our third office in York County, including our main office in Fort Mill and satellite office in Lake Wylie. Because so many of our clients live and work in Rock Hill, […]The post New Rock Hill Office appeared first on .

Hillsborough County Criminal Defense Attorney :: Naples Man Arrested in Tampa after Allegedly Beating Pharmacist and Stealing Prescription Drugs

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A Naples man was charged Monday with attempted murder and armed robbery after he allegedly  stole prescription drugs over the weekend from a pharmacist he left in critical condition. The 25-year-old man was arrested at 2 p.m. at the Clarion Hotel in Tampa, according to police reports. He is facing additional charges, including occupied armed […]

People v. Aiello

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People v. Aiello Court Discusses Effect of a Defendant Waving their Right to Appeal upon a Plea of Guilty The defendant was arrested while in an automobile after a violating his parole. The defendant was searched along with his automobile was searched where a pistol, ammunition and a hypodermic needle were recovered in the vehicle and glassine envelopes containing heroin and cocaine was found on the defendant's person. The police also obtained a warrant to search the defendant’s apartment where drugs and drug paraphernalia were seized. The defendant was read his Miranda rights and made several incriminating statements thereafter. The defendant then requested to suppress his confession and the evidence seized from his apartment and his person. The hearing concluded that the evidence found in his apartment was to be suppressed but the requesting to suppress the evidence found on his person was denied. The defendant also requested that the charge of commission of the crime of criminal possession of a controlled substance in the fourth degree be dismissed but the request was denied. The defendant thereafter pled guilty to the charged and was sentence to a term of 4 to 8 years imprisonment. The defendant then appealed the conviction. The first ground for the reversal of the conviction was that police failed to ascertain whether he was represented by a New York City Criminal Lawyer before interrogating him because of his outstanding charge according to People v. Bartolomeo, 53 N.Y.2d. As a result, the defendant asserted that the statements made during interrogation should have been suppressed. The Appellate Division of the Supreme Court held that the argument was baseless because the policed denied having knowledge of the outstanding charge as there was no evidence of the charge in his record. Further, the defendant during his suppression failed to mention that he was not represented by a New York City Criminal Attorney on an unrelated charge at time of his arrest. The principle in the People v. Bartolomeo, could only be used when the when it was known that the defendant was unrepresented in a previous charge either from the record or from the defendant’s own admission. Therefore, the conviction could not be dismissed on this ground because there was no evidence that the defendant was unrepresented on the unrelated charge. Secondly, the defendant held that the conviction should be reversed because the he did not possess substances that contained more than one eighth of an ounce of a narcotic drug. The defendant with the aid of the laboratory report published by the State Police showed that the cocaine and heroin seized each contained less than one eighth of an ounce which was in violation of section 220.09(1) of the Penal Law. The defendant stated that the literal definition should be used that a person was only guilty of commission of the crime of criminal possession of a controlled substance in the fourth degree where there was at least one eighth of an ounce of a single narcotic drug, not a combination of such drugs. However, the court could not review his contention because the conviction could not be reviewed as a result of his guilty plea to the charge. An appellate review of pleading deficiencies in an indictment was precluded by guilty plea unless defect was jurisdictional, that is, failure to effectively to charge the defendant with the commission of the crime. Any pleading defect arising from the aggregation of weight of heroin and cocaine seized from defendant, for charge of criminal possession of controlled substance in fourth-degree charge, was not jurisdictional; therefore, the appellate review was precluded by defendant's plea of guilty to charge to review the matter.

The Lake Waco Murders

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The Lake Waco Murders in 1982 continues to raise questions. One of the death sentence obtained in the case was reversed and led to one of Texas' first capital exonerations. The second man who received a death sentence in the...
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