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MO: Knock-and-talk at shop building away from house wasn't on curtilage

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A nighttime knock-and-talk at a shop building behind defendant’s house was not shown to be on the curtilage. State v. Cady, 2014 Mo. App. LEXIS 372 (April 2, 2014): => Read more!

Supreme Court to Make Texas LI Decision

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The most up-to-date AP filing is, "US Supreme Court to decide Texas execution drug case," via the Lubbock Avalanche Journal. It's by Michael Graczyk. The U.S. Supreme Court will be asked to halt Thursday’s execution of a Texas serial killer...

Criminal Expungement in Florida an Option for Former Defendants

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A criminal arrest can reverberate through so many areas of a person's life. A lapse of judgement in one's late teens or early 20s can hinder educational and occupational opportunities for many years thereafter. One way that our Daytona Beach criminal defense lawyers work to mitigate the impact is by seeking expungement of a client's criminal record. It's not an option for every case, but it's one that is worth exploring, particularly if several years have passed since the arrest. It may seem unfair that records still exist, even in cases where charges were dropped or dismissed. However, the Florida legislature has determined that criminal history records must be public unless the record is sealed or expunged. That criminal history will exist regardless of whether you were convicted, acquitted, or have had the charges dismissed. In today's world, where online court records, arrest records and even mug shots are available to anyone, far too many continue to experience discrimination or other negative consequences of a past brush with the law.

Are the Rights of the Accused Being Diminished by a Weak Judiciary Through the Mob Mentality of Protesting and Petition Signing on the Likes of Facebook and other Social Media Sites?

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There are very few judicial actions, other than criminal trials, that stir the social media crowds. Social media like Facebook, Twitter, and local newspaper blogs are froth with petitions to “bring” justice to the accused, when certain special interest groups get involved in the criminal process. Over the past eight to ten years, the courts have seen an increase in petitions signed by online “registrants or guests” to bring swift and exact justice, against citizens charged with committing certain criminal acts that their group believes is so repulsive that Due Process of Law should take a side step to the protestors demands. But what does the U.S. and Florida Constitutions have to say about these issues? The issues of protesting and petitions in the criminal justice arenas are not new, but this form of speech has become more popular than ever before in America’s history, because of the invention of […]

The Fact of a Prior Felony Conviction Does Not Go to the Jury Even if It Increases a Defendant's Statutory Mandatory Minimum

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UNITED STATES V. ROSARIO, NO. 12-3963 (2D CIR. APR. 2, 2014) (WESLEY, CARNEY, AND RAKOFF) (SUMMARY ORDER), AVAILABLE HEREThe defendant in this case appealed his jury conviction for conspiracy to distribute and possession with the intent to distribute heroin.  He argued that the evidence was insufficient to support the conspiracy conviction and that other errors denied him a fair trial, including whether the jury should have considered the fact of a prior felony information.  Because the sufficiency claim related to the credibility of cooperating witnesses, the Court deferred to the jury's credibility determinations and held that the jury had "ample evidence" to find the defendant guilty.With regard to the prior felony information question, the Court cited the continuing validity of the Supreme Court's decision in Almendarez-Torres and held that "the fact of a prior felony conviction may be decided by a judge, not a jury, even if that fact increases the statutory minimum term of imprisonment to which the defendant is exposed."  The Court relied on the more recent Supreme Court decision in Alleyne v. United States, which specifically declined to revisit the holding in Almendarez-Torres.

Royer et al. on Victim Gender and the Death Penalty

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Caisa E. Royer , Amelia Courtney Hritz , Valerie P. Hans , Theodore Eisenberg , Martin T. Wells , John H. Blume III and Sheri Lynn Johnson (Cornell University , Cornell University , Cornell University - School of Law ,...

Durham News: Cohan Book "Fiction"

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Bob Wilson reviews the new Cohan book and leaves little doubt as to his interpretation, labeling the book "a 650-page attempt to resuscitate disgraced former district attorney Mike Nifong." Though he expresses the sentiment more harshly, Wilson, like Neff, suggests that the book allows Nifong to present his interpretations virtually unchallenged, making Cohan's assertion that Neff hadn't read the book (when he text of Neff's article made clear that he had done so) even more bizarre."Let’s remember first off," Wilson notes, "that nothing Nifong says about his execrable attempt to railroad three Duke lacrosse players on sexual-assault charges can be taken at face value." (Generally convicted liars aren't the most reliable sources.) Yet Cohan accepts Nifong's recollections and new theories of the crime at face value.Wilson dismisses the Cohan portrayal of Nifong as "lop-sided." He also discusses the book's coverage of campus culture, which he deems in some way "redeeming"; I have a slightly different take, as I'll discuss next week.You can read the entire review here.

DE: Def was not a newcomer to the law and his consent was voluntary

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Defendant consented to the blood draw in this felony DUI case, and it was voluntary on the totality. He was not a newcomer to the law. Higgins v. State, 2014 Del. LEXIS 152 (April 1, 2014). 2255 petitioner’s guilty plea waived the suppression issue. Even attempting to get to it via an IAC claim, petitioner offers nothing to show that it would have been granted if it had been pursued. United States v. Wendfeldt, 2014 U.S. Dist. LEXIS 46211 (D. Nev. April 3, 2014).* Defendant wasn’t “seized” by an officer allegedly telling him to remain at the scene of an accident. The information had been exchanged, and he was otherwise free to leave and the officer could not legally have kept him [so? That could still be a seizure]. State v. Roth, 2014-Ohio-984, 2014 Ohio App. LEXIS 1368 (3d Dist. March 17, 2014).*

Is Your Lawyer Waiving Your Rights?!

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If you’re charged with a crime in Virginia, you have the right to confront the witnesses against you. If there’s a scientific certificate of analysis at issue in the case, your confrontation right includes the people who actually did the analysis. But did you know that your lawyer could waive that right without you even […]

ND: A nighttime drug sale alone does not justify a nighttime search warrant

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A nighttime search requires a separate showing of probable cause for that, and, here, a few sales of drugs at night isn’t sufficient. State v. Zeller, 2014 ND 65, 2014 N.D. LEXIS 63 (April 3, 2014): => Read more!

CA6: The fact a deputy sheriff involved in executing a SW was later convicted of an unrelated crime doesn't state a claim

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In a § 1983 case, the fact a later convicted deputy sheriff participated in the search of plaintiff’s house doesn’t state a claim against the municipality for custom. Key v. Shelby County, 2014 U.S. App. LEXIS 6196, 2014 FED App. 0247N (6th Cir. April 1, 2014).* Defendant’s stop was not impermissibly long, so the motion to suppress would not have been granted. Therefore, defense counsel was not ineffective. State v. Morton, 2014-Ohio-1434, 2014 Ohio App. LEXIS 1351 (8th Dist. April 3, 2014).* The officer’s testimony that defendant was driving without headlights at 11:30 pm justified a stop. State v. Gammill, 2014 Tex. App. LEXIS 3541 (Tex. App. – Dallas April 1, 2014).* The officer approached defendant to find out if he knew anything about another car there, so defendant wasn’t seized. State v. Franklin, 2014-Ohio-1422, 2014 Ohio App. LEXIS 1337 (8th Dist. April 3, 2014).*

OH10: GPS installation two years before Jones violated Fourth Amendment, and no good faith

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The state appealed the grant of a motion to suppress installation of a GPS device two years before Jones. It’s a lengthy opinion dealing with all aspects of GPS and affirming suppression: installation with reasonable suspicion, installation under the automobile exception, and good faith. Without any binding authority saying it was valid, the good faith exception doesn’t apply. State v. Sullivan, 2014-Ohio-1443, 2014 Ohio App. LEXIS 1328 (10th Dist. April 3, 2014): => Read more!

Can a Reckless Driving Charge Be Expunged?

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Can a Reckless Driving Charge Be Expunged? Many people are very surprised to find out how serious a Reckless Driving charge is in Virginia. And for good reason. Reckless Driving in Virginia is a Class 1 Misdemeanor, which is a lot more serious than a typical non-criminal traffic offense such as Speeding or Failing to […]

"Should T.J. Lane's 3 life sentences get another look from the appellate court?"

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The title of this post is the question in the headline of this local editorial discussion of a high-profile school shooter who might be the type of juvenile murderer that even the US Supreme Court would conclude can be given...

My, What Long Arms You Have, Uncle

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Here’s a visual: Uncle Sam extending his arms around the world, reaching out for his citizens, wherever they may be. He may resemble a candy-striped Gumby, with disproportionately long rubbery arms spanning the globe. The visual is not an endearing one to many Americans abroad. They do not see Uncle Sam’s reach as an embrace, […]

What are the penalties for wire fraud in federal court?

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Wire fraud is often considered a catch all type of charge for white collar crimes.  A description of the crime can be found under 18 U.S. 1343.  While it is a catch all type of charge the penalties are very serious. The penalties for wire fraud under 18 U.S. 1343 carry maximum prison sentences of [...]

How do federal judges determine sentences in federal court?

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There is a huge difference between sentencing in State court and in Federal court.  In State court the legislature has set out very specific, and definite sentences.  For instance if you are charged with theft of $500,000.00 you face a prison sentence of nine to thirty six months in prison.  But in federal court you [...]

What are the penalties for a first DUI in Toledo Municipal Court?

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If you have been accused and arrested for a DUI in Toledo, or the surrounding cities, you need to immediately hire an experienced DUI defense attorney to protect you from the potential penalties that you face. All DUI charges carry mandatory jail time, even a first offense. The penalties for a first offense DUI in [...]

News Roundup

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WRAL just published this fascinating story, about North Carolina prisoners’ access to reading materials, the grounds on which access to reading materials can be denied – such as that the materials are sexually explicit, encourage gang activity, or promote violence or “disorder” – and the procedure through which such denials may be appealed. There are […]

What are the penalties for a first DUI in Bowling Green Municipal Court?

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Most people are shocked to learn that even a first offense DUI, or OVI, charge carries with it a mandatory jail sentence! If you have been charged with a DUI you need to immediately hire an experienced DUI defense team to protect you from what happens upon a conviction for these offenses.  The largest mistake [...]
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