In the 1995 case United States v. Boerne, where the Supreme Court decided that the Religious Restoration and Freedom Act did not apply to the states under the conservative doctrine of Tenth Amendment federalism, Justice John Paul Stevens issued a...
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Hobby Lobby: does RFRA violate the Establishment Clause?
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Missouri Executes Jeffrey Ferguson
"Missouri man executed for raping, killing teen in 1989," is AP coverage, via the Springfield News-Leader. Strapped to a hospital gurney, Ferguson was animated in the moments before his midnight execution at the state prison in Bonne Terre. To ease...
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Toms River DWI Blotter: Local Drivers Charged with Hit-and-Run, Drug Possession, and DWI
A Toms River resident was tracked down by police after witnesses apparently saw the man's late-model Toyota drive away from a car accident along a portion of Rte 37 early on a Monday morning. According to news reports, township patrolmen arrived at the scene of the crash, which took place at the intersection of Rte 37 and Garfield Ave. By the time officers had gotten to the accident site, the hit-and-run driver was already gone. The 6:30am wreck involved a Ford Explorer driven by a Bayville man, who was stopped at a red light when the impact occurred.
With the assistance of a witness to the incident, police searched for the hit-and-run driver, who was found shortly thereafter. Based on police reports, the man had apparently hit another vehicle as he fled the earlier crash scene. That collision took place near the intersection of Garfield and Delaware Ave., in the area of East Dover. Eventually, police were able to pull the man over near Fischer Blvd. and Windsor Ave., after which it was determined that the 31-year-old local resident was allegedly intoxicated behind the wheel.
As a result, the suspect was arrested and eventually charged with driving under the influence of alcohol, reckless driving and leaving the scene of an accident. The man was also reportedly charged with criminal possession of the drug Suboxone, for which he did not have a prescription. As Garden State DWI and drug DUI lawyers, my legal team has handled numerous cases involving drug DUI and possession. This particular instance is certainly a more complicated situation considering the two hit-and-runs.
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Loan Officer Sentenced in Crisp & Cole Mortgage Fraud Scheme
Jayson Peter Costa, 41, Bakersfield, to 78 months’ imprisonment United States District Judge Lawrence J. O’Neill sentenced for his role in an extensive mortgage fraud scheme that ran from January 2004 to September 2007. Costa was ordered to self-surrender by May 5, 2014. As previously reported by Mortgage Fraud Blog, David Marshall Crisp and Carlyle (Carl) […]
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"Cooperative Federalism and Marijuana Regulation"
The title of this post is the title of this notable new paper co-authored by Erwin Chemerinsky, Jolene Forman, Allen Hopper and Sam Kamin and now available via SSRN. Here is the abstract: The struggle over marijuana regulation is one...
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Jacksonville artist arrested on felony charges for painting city utility boxes
Rarely do vandalism charges make headlines in the local media, but the arrest of a Jacksonville artist this month is igniting a debate on art versus vandalism. A local artist was painting the utility boxes in the cloak of darkness and went by the name Keith Haring's Ghost, a tribute to a late New York graffiti artist, according to a report in the Florida Times-Union. Police subpoenaed Facebook records and other Internet footprint data to tie the actual person to the Ghost, the newspaper reported. He was charged with felony criminal mischief in Duval County. The charge is a third-degree felony punishable by up to five years in state prison. Criminal mischief becomes a felony if the damage or the cost to restore the property is more than $1,000, according to Florida law. The city of Jacksonville is estimating the damages in this Jacksonville Criminal Mischief Case at $1,100, therefore bumping the charge up to a felony.
The artist admitted to police that he was, in fact, the Ghost, the newspaper reported. Police have plenty of evidence against him, the newspaper reported, including his cell phone which contains pictures of his art. Many in the community have taken to social media to come to the artist's defense, even organizing fundraisers to help pay for his defense and his family's expenses, the newspaper reported. They argue that Jacksonville has plenty of violent crime that needs police attention and arresting an artist on vandalism charges is a waste of resources. Others argue that rules are rules and there are other canvases artists can use to exhibit their work. Many of the paintings are political in nature, showing support for Jordan Davis, a black Jacksonville teen who was shot killed by a middle-aged white man in an argument over loud music. The case drew national attention when it went to trial earlier this year and the jury could not agree on the first-degree murder charge, but convicted the shooter on several other lesser charges.
Had the paintings been more innocuous, perhaps the charges would have never been filed - particularly as a felony. But police and prosecutors do not take kindly to people openly thumbing their nose at the law and often look to make an example of people in Jacksonville Criminal Mischief Cases like this, showing others that this type of behavior won't be tolerated. It will be interesting to see how far prosecutors take this case, or if discussion ends up centering on reducing the charge to a misdemeanor. Either way, this Jacksonville Criminal Mischief Case is now firmly in the media spotlight and, if attention is what the artist was looking for, he has it now.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Criminal Mischief Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
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FL - Bunnell police officer (Michael Gerard Stavris II) accused of posing as girl on Facebook to get sex photos of boys
Michael StavrisOriginal ArticleBoy Florida sure is filled with sex offender cops.03/25/2014By Daniel DahmBUNNELL - A Bunnell police officer was arrested Tuesday night on allegations of posing as a teen girl on Facebook to get sex photographs of boys.Michael Gerard Stavris II, 30, of Palm Coast, was arrested on two counts of computer pornography and child exploitation prevention act and one count of criminal use of personal identification information. According to officials, Florida Department of Law Enforcement agents began investigating Stavris in December 2013 after receiving a complaint.The FDLE investigation showed that Stavris created a fraudulent Facebook account posing as a teenage girl, according to officials. Agents said he used the fake account to solicit teenage boys, requesting sexually explicit photos after the conversations turned sexual.Stavris befriended at least 30 teenagers, at least some of whom attended Flagler Palm Coast High School, according to authorities. He would also sometimes promise the boys sexual favors from the fictitious teen girl, according to the report.Stavris, a sergeant with the Bunnell Police Department, was arrested at the Bunnell City Hall, where all of the government offices are located.Stavris was booked into the Flagler County Jail on a $125,000 bond. He later posted bond and was released.Stavris is engaged to be married. His future mother-in-law, Sherry Blevins, said that he is being framed for a crime he didn't commit and says that he is being set up by a jilted ex-girlfriend."I tell you this was all prompted when him and the ex-girlfriend broke up and he wouldn't take her back," Blevins said.Blevins tells Local 6 the girlfriend's teenage daughter is the one who claims her identity was stolen.video platformvideo managementvideo solutionsvideo player© 2006-2014, Sex Offender Issues | Facebook | Google+ | Please Donate!
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WI - Bill to change sex offender law passes
Robb KahlOriginal Article03/26/2014Legislation authored by State Representative Robb Kahl (D-Monona) to close a loophole in sex offender law has passed both houses of the legislature and can now be signed into law by the Governor.The change in law is the direct result of the placement of a sex offender in McFarland under the terms of an interstate compact.“I want to thank members of each party in each house for their help in moving this legislation through,” Kahl said. “When I shared the concerns of McFarland of Police Chief Craig Sherven, members listened and realized that current law was flawed and needed to be changed.”The offender placed in McFarland committed his offenses in Illinois and served time in the Illinois Correctional System. Had the individual in question committed his crimes in Wisconsin and been sentenced to serve time in a Wisconsin correctional facility, the Department of Corrections would have issued a Special Bulletin Notice (SBN) to the police chief of the community and the county sheriff to alert them that the offender in question poses a significant risk to the community.However, current law does not apply to offenders placed in state under terms of a compact – even if they pose a significant risk.A law enforcement agency’s receipt of an SBN serves as a mechanism to initiate a local decisionmaking process to determine the level, scope, and method of community notification, if determined necessary. In instances in which an SBN is not issued, local law enforcement generally does not issue a community notification.“Legislators understand that the Department of Corrections worked well with the McFarland Police Department to address community concerns to the greatest extent possible in this case,” Kahl stated.“The change in law simply ensures that when sex offenders are placed in a community – whether from a Wisconsin correctional facility or under the terms of a compact – that the chief of police and sheriff will receive the SBN that is necessary to protect the public by initiating the local decision making process and providing appropriate community notification.”The Senate version of the bill, Senate Bill 668, was passed on March 18 by the Senate on a voice vote and was taken up and passed by the Assembly March 20 on a voice vote.© 2006-2014, Sex Offender Issues | Facebook | Google+ | Please Donate!
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CT - Former East Hartford Officer (Andrew W. Nielsen) Pleads Guilty To Child Porn Possession
Original Article03/25/2014By CHRISTINE DEMPSEYHARTFORD - A former East Hartford police officer pleaded guilty in U.S. District Court Tuesday to one count of possession of child pornography, according a spokesman for the U.S. Attorney's office.Andrew W. Nielsen, 49, of South Windsor, pleaded guilty before U.S. District Judge Alfred V. Covello, Thomas Carson stated in a news release.According to court documents, Nielsen bought several DVDs containing child pornography from a foreign company and had them shipped to his residence. The DVDs, which included pictures of pre-pubescent minors, were purchased between November 2010 and April 2011, Carson said.- So are you going to do something about the foreign company who is selling child porn?Nielsen's home was searched on Nov. 1, 2012, and he was arrested the same day, he said. He resigned from the police department after his arrest.Nielsen is scheduled to be sentenced on June 18. He faces a maximum prison term of 10 years and a fine of up to $250,000.He has been free on bail and on electronic monitoring under the supervision of the U.S. Probation Office since November 2012, Carson said.The charges stem from a postal service investigation that began in October 2010 into an international company that sold videos and photos believed to contain child pornography, according to Nielsen's arrest affidavit.Investigators found Nielsen's name and invoice information in the company's database, the affidavit says, and were able to confirm that he was still receiving mail at his Pleasant Valley Road address.They determined that over the course of about six months, Nielsen had purchased 49 DVDs from the company's website over 15 orders totaling $1,173.55, according to the affidavit.The DVDs containing child pornography were found during the search, and Nielsen admitted to Postal Inspector Michael J. Connelly that he had ordered them and had them shipped to his house, the warrant states.Multiple computers were also seized during the search.The case is being prosecuted by Neeraj N. Patel, assistant U.S. attorney.The prosecution is part of the U.S. Department of Justice's Project Safe Childhood Initiative. The program is intended to protect children from sexual abuse and exploitation, the release says.© 2006-2014, Sex Offender Issues | Facebook | Google+ | Please Donate!
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Freispruch für Ehefrau im Mord-Prozess
Die Staatsanwaltschaft ging davon aus, dass die 68-jährige Angeklagte ihren Ehemann auf einem Schrottplatz erschlagen hat. Als Motiv der Tat kam die Lebensversicherung in Höhe von 52.000 Euro in Betracht. Daher wurde sie auch wegen Mordes (§ 211 StGB) aus Habgier angeklagt. Während des Prozesses schwieg die Angeklagte auf Anraten ihres Rechtsanwalts. Zeugen für . . . → Read More: Freispruch für Ehefrau im Mord-ProzessÄhnliche Beiträge:Freispruch für Flugschau-Veranstalter bleibt bestehenFreispruch im BrandstiftungsprozessNeun Monate auf Bewährung statt lebenslanger…Freispruch im Prozess wegen LandfriedensbruchsMord: Mann soll sich nachts aus dem Hotel geschlichen haben
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MO - Des Peres neighbors vent concerns about sex offender
Mob MentalityOriginal Article03/26/2014By Jesse BoganDES PERES - About 100 people showed up at a community meeting here Wednesday night to hear what can be done about registered sex offender _____ living in their upper-middle-class neighborhood.But by the time it was over, many, including Bill England, 70, would leave with a sense of powerlessness.“What’s very concerning to me is my grandson and his mother live next door to this guy. Next door,” England told a panel of law enforcement and city officials gathered before the crowd. “Obviously, we are scared. What advice would you give us?”- The same info as if any other ex-felon lived next to you, tell you kid about the person, tell your kid about good touch / bad touch, etc, etc.Kathi Alizadeh, chief of the sex crimes unit for the St. Louis County prosecuting attorney’s office, told him she couldn't give him advice and only encouraged him to contact lawmakers in Jefferson City.“What I can tell you is that there is nothing in the law that prohibits him from living next door to a child,” she said. “There’s nothing in the law that prohibits him from walking up to a child in the street and talking to him.”Emotions have been high, particularly in the Royal Acres Subdivision, since _____ was released from custody in February._____, 49, who lives with his 85-year-old mother, was first arrested at 18, when he was caught sticking his hands in the pants of 5-year-old girl playing outside in the neighborhood. He avoided incarceration for that offense, but in 1997 he went to prison for 10 years for molesting a 7-year-old girl whose parents he’d befriended.When his prison sentence was nearly over, he was flagged for possibly meeting the criteria of a sexually violent predator. Some officials argued that he should be held indefinitely as a patient at what is now called Sex Offender Rehabilitation and Treatment Services, a program run by the Missouri Department of Mental Health.He was held in jail since late 2006, pending the outcome of the state’s civil commitment case against him in that matter. In February, a St. Louis County jury unanimously agreed that _____ was not a sexually violent predator, somebody with a mental abnormality that would make him more likely than not to re-offend if not held in a secure facility. Three previous trials resulted in hung juries.Keith Krumm, director public safety in Des Peres, told the crowd Wednesday night that _____ checked in with local police the night he was released and had been in compliance ever since. But they've increased patrols around his house and at nearby bus stops.Officials said _____ couldn't live within 1,000 feet of a school, go to a public swimming pool or give out Halloween candy. But they said laws don’t seem to forbid him from going to a pool in the subdivision because it’s privately run.In response to questions, officials said _____ wasn’t required to have GPS monitoring or be subject to other rules such as taking polygraph tests because he was not on parole or probation.There are hundreds of registered sex offenders in St. Louis County, an official said at the meeting. There are five in Des Peres.Krumm said in an interview before the meeting that none of the other sex offenders in the area had raised the amount of concern that _____ has._____, who wasn’t at the meeting, has declined to comment since his release. His attorney said he wanted to move on with his life quietly.But if the meeting Wednesday night was any indication, there will be a lot of eyes watching him in Des Peres.© 2006-2014, Sex Offender Issues | Facebook | Google+ | Please Donate!
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New program looks to reconcile victims and juvenile offenders in Merced
3-26-2014 California:
A new program that brings juvenile offenders and their victims together to reconcile is set to kick off next week, in the hope that it can give young people a fresh start.
A $154,600 grant from the California Endowment will pay for the first two years of the Victim-Offender Reconciliation Program, which works as a mediator between qualified juvenile offenders and their
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Under Investigation in San Diego: Should I Take a Lie Detector Test?
If you have been asked by a law enforcement officer to submit to a polygraph examination in San Diego and you believe you have nothing to hide you may be tempted to agree. Most criminal defense attorneys, however, advise their clients not to submit to a polygraph exam (lie detector ...
The post Under Investigation in San Diego: Should I Take a Lie Detector Test? appeared first on Law Office of Domenic J. Lombardo.
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'Revenge Porn' Raises Questions Involving Free Speech and Privacy
3-26-2014 North Carolina:
Lawmakers are coming to grips with so-called "revenge porn," as Liz Halloran reports for NPR, which means they're looking for ways to criminalize it. After all, there probably should be a way to discourage a spouse or lover - usually a former spouse or lover - from posting images or videos of you online without your consent.
But as we're coming to find, laws that
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Federal Child Enticement Charges Filed in Massachusetts Against Connecticut Man
Local news outlets are reporting that a fifty-six year old Connecticut man has been arrested and charged with child enticement in Massachusetts federal court. The complaint alleges that Paul Hinkel tried to entice a minor into having sex with him. Hinkel responded to a Craigslist post generated by undercover federal agents. The listing directed interested […]
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Judges Can’t Sell Girl Scout Cookies . . . and Other Little-Known Ethical Rules
We’re holding a seminar on professionalism and ethics for judges at the School of Government next week so I’ve got judicial canons on my mind. Below are five ethical rules many legal professionals may not know about, but probably should. 1. Judges can’t sell Girl Scout cookies. Canon 5(B)(2) of the North Carolina Judicial Code […]
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Income Tax Information Used in Family Law Cases
This article was originally printed in the ABA Section of Family Law eNewsletter, February 2014. Income tax returns and supporting information such as W-2s and pay stubs are the most common and basic documents which evidence income in family law cases. This article discusses the sources of income that are disclosed on a personal income […]
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Disrupting Google, SWAT Teams and Tanks Edition
At the WaPo Conspiracy, Orin Kerr has been deconstructing an order by D.C. Magistrate Judge John Facciola for the search and seizure of email and social media accounts that, after concluding there was no probable cause, refused a warrant because he held none was needed. Jeff Gamso explained why that was disturbing. Orin has continued dissecting Mag. […]
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Intoxilyzer 8000: The More You Blow
The Intoxilyzer 8000 is Ohio’s breath testing device in DUI cases. One of the major flaws of the machine is that its testing protocol can result in inflated tests. The more you blow, the higher it goes.
The protocol for the Intoxilyzer 8000 in Ohio requires that you produce merely 1.1 liters of breath, less than the amount of air required to fill a two liter pop bottle. The average adult can exhale between three and four liters of air. [Read the full post. . .]
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Dirty Lawyer, Dirty Judge, Dirty Men
Even though we’ve never shared a beer, I kinda feel as if District of Nebraska Senior Judge Richard Kopf and I have become friends. Sure, it’s just on the internet, but that’s how long distance friendships happen these days. And so when I read his post the other day, On being a dirty old man […]
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