Almost two years after the United States Supreme Court decided Miller v. Alabama, the question of whether the case applies retroactively to convictions that became final before it was decided continues to be a thorny one for the nation’s courts. Miller held that under the Eighth Amendment a sentencing scheme that mandates life without parole […]
Miller Retroactivity: Where Are We?
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Another Reason Why it's Good to be Rich
Robert H. Richards, IVWhen most people are convicted of rape, they go to jail. This is especially true when the victim is the rapist's three year-old daughter. However, when you are a scion of a wealthy family, prison may be too harsh. Delaware judge Judge Jan Jurden recently sentenced wealthy du Pont heir, kiddie rapist, and father of the year candidate Robert H. Richards IV to probation, eschewing any jail time, because she was worried that Richards would "not fare well" in prison. It's good to be an old money white guy.(Delaware Online)
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What Will Happen for Driving on a Suspended License Third Offense?
If you are charged with driving on a suspended third offense, or later, you need to talk with an attorney. In Virginia driving on suspended may seem like a fix-a-ticket to a lot of people. Their license is suspended for fines, costs for driving school, insurance verification, or any number of reasons. Some people think […]
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Court of Appeals Reverses Felony Domestic Violence Conviction. Engel represented Defendant.
An Ohio Court of Appeals has reversed a domestic violence felony conviction for a woman in Greene County. J. A. Engel and Mary Martin from Michael K. Allen & Associates represented the defendant. The case is available to read here: State v. Zumwalde, 2014-ohio-1285 In January, 2013, the defendant was arrested on a charge of domestic violence […]
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SPRINGTIME MOTORCYCLE RIDING IN NEW HAMPSHIRE
Spring has arrived in NH. It’s time to get your motorcycle ready for the season. It is important to spend the time, effort, and energy in getting your bike ready to ride as it can keep you safe, and help prevent a major accident.
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Officer Sucker Punches Innocent Girl During Riot
An Arizona police officer was caught on video sucker punching a seemingly innocent girl who was trying to cross the street during a student riot that occurred after the University of Arizona lost to Wisconsin in the Elite Eight. Although details of the incident are still emerging, what we see on camera paints a pretty […]
The post Officer Sucker Punches Innocent Girl During Riot appeared first on The Appelman Law Firm Law Blog
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Because Fresno Hates Pot
California may have been an early adopter of medical marijuana, but the nice folks who have their hands on the wheel in Fresno don’t see what that has to do with them. While the state law permits the growth of medical marijuana, it also allowed localities to regulate its cultivation, which is a hole big enough to […]
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Eric Holder Retrenches
Yesterday's New Scan reported that federal law enforcement agents have released nearly 68,000 foreign nationals with criminal convictions rather than pursing deportation. This comes on the heels of other instances in which Attorney General Holder has been less than rigorous...
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Infraction Dissatisfaction? Getting your 14-219 and 14-218a Speeding Tickets & 21a-279a Marijuana Infractions Reversed After Pleading Guilty By Mail
By now, our Connecticut readers who have driven during morning and afternoon rush hours in downtown Stamford, Greenwich, New Canaan, Darien and Wilton have seen for themselves the gratuitous amount of police speed traps. Hundreds of 14-219 and 14-218a Speeding and Traveling Unreasonably Fast infraction tickets are being doled out by Greenwich, Darien, New Canaan […]
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TRACE Poll: March’s Biggest Compliance Story
Vote for what you think is this month’s top compliance story. U.S. government freezes stolen assets of former Nigerian dictator Sani Abacha- A civil forfeiture complaint was unsealed this month indicating that the U.S. Department of Justice (“DOJ”) is seeking recovery of more than USD$550 million in connection with the largest kleptocracy forfeiture action brought in the Department’s history. This is not the first time that the DOJ has gone after a former kleptocrat, however; in 2011, the government brought an action against the assets of President Teodoro Nguema Obiang Mbasogo of Equatorial Guinea. The More…
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IN: Marijuana baggie was in plain view
Officers observed one of their regulars doing a likely hand-to-hand sale with a car that pulled up in front of him, and the followed him. Next, Clark was running down the street at them, and they stopped him. Protruding from his pocket was a baggie of marijuana which was in plain view. Clark v. State, 2014 Ind. App. LEXIS 136 (March 31, 2014).*
No motion to suppress was filed because it would have been denied, and this was not IAC. United States v. McGrew, 2014 U.S. App. LEXIS 5945 (5th Cir. March 31, 2014).*
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OH10: Probably the worst SW affidavit approved for the year; and why did this case even get filed?
The affidavit for the search warrant here was totally lacking in probable cause. It alleged only that defendant’s house used more electricity than his neighbors, that he was believed to have transported marijuana at an unknown time, and he was arrested for theft 11 years earlier. Therefore, the good faith exception did not apply, either. State v. Kosla, 2014-Ohio-1381, 2014 Ohio App. LEXIS 1229 (10th Dist. March 31, 2014). [Note: Four remarkable things about this case: (1) The magistrate issued the pitiful attempt at a search warrant, thereby proving that he or she is purely a rubber stamp for the police, so defense lawyers should scrutinize every one that this judge issues; (2) How did this case get past a filing decision? (3) Since it did, why didn’t the prosecutor fold when the motion to suppress pointed it out? (4) Once the motion to suppress was granted, why did the state appeal such a woefully inadequate warrant application? They must really want Mr. Kosla in jail, to the point of failing their duty to the system of justice. They clearly disregard the Fourth Amendment.]
Defendant voluntarily consented to the taking of his DNA. State v. Vansickle, 2014-Ohio-1324, 2014 Ohio App. LEXIS 1241 (12th Dist. March 31, 2014).*
Probable cause existed for defendant’s arrest. The victim reported a break-in while he was asleep, and a door was ajar. The police with a tracking dog followed unique footprints in the snow to defendant’s apartment. There defendant stood, with pants wet from the snow. Nearby were shoes matching the footprints. State v. Johnson, 2014-Ohio-1305, 2014 Ohio App. LEXIS 1285 (6th Dist. March 28, 2014).*
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Methamphetamine Distribution Focus of Martin County Town Hall meeting
The Martin County Sheriff’s Office is targeting meth labs and are looking to the community to help them on their quest. News reports claim that eleven methamphetamine-related arrests in recent months prompted a town hall meeting last week, including a Stuart meth lab that was shut down last month and the recent arrest of a […]
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University of Georgia professor facing prescription drug charges
Recently, a University of Georgia professor made what might be seen as an extracurricular request to a student who planned to visit another country during spring break. Supposedly, he requested that she purchase prescription medication and bring it back for...
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Xyngular Works: Losing Weight Fast!
Xyngular is a weight loss MLM (multi-level marketing) company which advertises quick, sustainable weight loss using their products. Last year I wrote a lengthy article about the Xyngular products, and I came to the conclusion that the products are dangerous, the diet is a fad diet (which is almost guaranteed to be unsustainable), and promoters […]
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Florida DUI and Enhancement Laws
Florida DUI Statute section 316.193, Driving Under the Influence and its Penalties: (1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. (2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection […]
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Canadian is Sentences to 192 Months in Federal Prison in Texas for Telemarketing Fraud
A Canadian citizen has been sentenced to a federal prison in Laredo, Texas after being convicted of conspiracy to commit telemarketing fraud. Ragavan Thamby, 53, was sentenced to federal prison following his conviction of one count of conspiracy to commit a $3 million telemarketing fraud, United States Attorney Kenneth Magidson announced, along with Acting Special Agent in Charge Aaron C. Rouse of the FBI. Thamby pleaded guilty to the offense on August 15, 2012. U.S. District Judge George P. Kazen sentenced him to 192 months in federal prison in March, 2014. The FBI said in a press release at the […]
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3 Ordered to Prison for Running Multi-Million-Dollar Mortgage Fraud Scheme
Walter Ryan Macapaz, 36, Houston, Texas, has been ordered to prison along with Tony David Maldonado, 33, Houston, a businessman, and Buffy Marie Lawrence, an attorney and former mortgage loan officer, for their roles in a scheme to defraud residential mortgage lenders of more than $22 million in loans. U.S. District Judge Gray Miller, who […]
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Former Bank Executive Jailed for Straw Buyer Scam
Braden Koegel, 35, Apopka, Florida, was sentenced by U.S. District Judge Roy B. Dalton, Jr. to three years and six months in federal prison for bank fraud. Koegel was charged via Information on October 21, 2013, and pleaded guilty on November 21, 2013. According to court documents, Koegel, a former home lending executive at a local […]
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The Authority of Assistant DAs When the Elected DA Resigns
Two elected district attorneys resigned mid-term yesterday: Colon Willoughby in Wake County (to move into private practice), and Jerry Wilson in Watauga and four other mountain counties (citing medical reasons). When an elected DA resigns, the governor is empowered to appoint an interim DA until the next election. N.C. Const. art. IV, § 19. Sometimes […]
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