He was an automatic finalist for the Papa Hemmingway "look-a-like" contest. He presided over what used to be known as the security courtroom on the third floor, where bullet proof glass separated the participants in the courtroom from the spectators. He was considered one of the brightest and hardworking jurists to ever wear a robe in the REGJB. His case load was always the lowest, due in part to his habit of arriving at the courthouse at the break of dawn to review his calendar and read the pending motions. On most mornings he was in trial before 10:00 A.M., having finished his calendar before many of his colleagues had arrived for work. We are speaking of course of Judge Philip Knight, and we were surprised and gratified to recently receive and read the following comment from a person who had served as juror before Judge Knight and must have recently come across our prior post here on November 9, 2011, which sadly and belatedly announced the death of the…
JUDGE KNIGHT REMEMBERED
↧
↧
Computer Restrictions on Supervised Sex Offenders
Last week I wrote about the North Carolina law that makes it a crime for any registered sex offender to use a commercial social network, G.S. 14-202.5. In that post I noted that similar laws in other states have been overturned or limited on First Amendment grounds, and that litigation on the constitutionality of our [...]
↧
Bambauer on Privacy Versus Security
Derek E. Bambauer (University of Arizona - James E. Rogers College of Law) has posted Privacy Versus Security (Journal of Criminal Law and Criminology, Forthcoming) on SSRN. Here is the abstract: Legal scholarship tends to conflate privacy and security. However,...
↧
Irving R. Kaufman Memorial Securities Law Moot Court Competition
Announcement from the Fordham Law Moot Court Board Each spring, Fordham University School of Law hosts the Irving R. Kaufman Memorial Securities Law Moot Court Competition. Held in honor of Chief Judge Kaufman, a Fordham Alumnus who served on the...
↧
More Unnecessary State Sanctioned Killing
I read an incredibly disturbing story today about a 26 year old former marine who was at home with his wife and two small children when a SWAT team broke into his house (ok, they had a search warrant which I'm sure was poured over by the judge who signed it) and gunned him down. Jose Guerena was 26 years old, and I'm sure some of you who read the story at the Huffington Post will say well, Mr. Geurena had a gun, the SWAT team thought they were in jeopardy, so they were justified in firing 70 shots at him while he stood in his OWN HOME.This isn't the first time this has happened and it certainly won't be the last.
↧
↧
Update on the Anthony Graber Maryland Wiretap Case
I've written quite about about Maryland prosecuting citizens for videotaping police officers doing their jobs in very public places. The most notable of these cases is that of Anthony Graber, the motorcyclist who, with his helmet cam, video and audio taped an off duty police officer who, er, pulled a gun on him. The issue here is not the videotape, but the audio, which is where the wire-tap statute comes into play. Well, it turns out that my old law firm, Schulman, Treem, Kaminkow and Gilden represents Mr. Graber (pro bono, I might add). It's a top notch firm that does amazing work (yeah, I'm kind of tooting my own horn here too.) They had a hearing this past Friday to determine whether there will be a trial in this case. There shouldn't be one. The Maryland Attorney General has issued a decision that says citizens should be allowed to tape police officers since most interactions with officers cannot be considered private. Here is a copy of Joshua Treem's motion…
↧
E.D.Tex.: Identity not suppressable even if illegally obtained
Defendant’s identity as one who was in the country illegally after previously being deported would not be suppressed, “even if the Court were to find something unconstitutional about the search of the home or Defendant’s detention.” United States v. Segundo, 2012 U.S. Dist. LEXIS 185484 (E.D. Tex. December 13, 2012). Defendant stop for blocking the street was valid, and the officer could reasonable suspect further evidence of crime because of defendant dropped a pill bottle into the car when he got out. State v. Reed, 2013 La. App. LEXIS 165 (La.App. 4 Cir. January 30, 2013).* “The affidavit was detailed and replete with information from which probable cause could be found” in his trucks parked at his house. United States v. Brown, 2013 U.S. Dist. LEXIS 13256 (D. S.D. January 31, 2013).*
↧
Super Bowl Sunday DUIs Spike in Florida
Last year in anticipation of the Super Bowl, Americans spent more than $1 billion on beer alone just at grocery and convenience stores. That didn't account for other types of alcoholic beverages or the beer that flowed during the game at restaurants, bars or hotels. This year, it's expected to be about the same, and our Fort Lauderdale DUI defense lawyers know local law enforcement officials will be on the prowl to collar suspected offenders. Florida is one of the few states with the luxury of having AAA's free Tow to Go program throughout the day, meaning everyone - not just members - can nab a free ride home Sunday by calling (855) 2-TOW-2-GO. We strongly urge revelers to consider it a last resort. The best DUI arrest prevention is not to get in the car after you've been drinking. That said, we stand ready with an aggressive defense for those who are arrested on game day. While it's true that DUI arrests are higher on Super Bowl Sunday than most other comparable…
↧
Across the U.S, the Death Penalty Is on the Run
That's the title of an essay by David A. Love, the executive director of Witness to Innocence, an organization assisting death row exonerees. It was distributed by the Progressive Media Project and appeared in the Anchorage Daily News. The death...
↧
↧
Summary of key USSC findings in its big new Booker report
↧
El Cajon City Council Bans Bath Salts
Bath salts have been in the news quite a bit lately, and it appeared for a while that it was the new designer drug for 2012. The reports have catalogued numerous instances of bizarre behavior blamed on this substance. Those … Continue reading →The post El Cajon City Council Bans Bath Salts appeared first on .
↧
Domestic Violence News in San Diego
Two recent events in San Diego have once again brought the issue of domestic violence to the forefront. The first incident, which occurred in Tierrasanta on Monday of this week, began when a teenage boy heard arguing and a gunshot … Continue reading →The post Domestic Violence News in San Diego appeared first on .
↧
ILLEGAL POSSESSION OF YOUR OWN PRESCRIPTION DRUGS.
The following offers an example of how easy it is to commit criminal conduct without knowing it. It should also serve as a warning and allow people to avoid committing one crime in particular—the crime of unlawfully possessing one’s own prescription drug. Anyone who has a prescription for a scheduled drug should know that Maine law on unlawful possession defines the crime as “intentionally or knowingly possess[ing] what [one] knows or believes to be a scheduled drug, which is in fact a scheduled drug.” Prescription drugs are “scheduled drugs,” so any person who receives a filled prescription meets the above definition. The only reason that every person who picks up his or her own prescription medication isn’t immediately guilty of unlawful possession is that the law contains an exception for possession under certain authorized circumstances. That’s right, possession of your own prescription drugs is illegal unless you…
↧
↧
Weekend DUI Checkpoint Update: 2/1/13 - 2/3/13
Weekend DUI Checkpoint Update: 2/1/13 - 2/3/13 There haven't been many DUI checkpoints or DUI Saturation Patrols lately to tell you about in Kansas, but with the big football game this weekend we expect some activity. Here is what we have heard so far: 1. Topeka Police have announced that they will have a DUI Checkpoint / Checklane on Sunday, 2/3/13 starting at 10:00 p.m. running into 2/4/13 until 2:00 a.m. The DUI checkpoint will be at one of the following locations in Topeka, KS: -16th & Lane -32nd and SW Lincoln -200 BLK SW Gage -5000 Blk. Huntoon -4500 Blk SW Shunga -21st and Indiana That's all we have heard of so far, but we will keep you updated if we learn of any others. If you or someone you know has been charged with a DUI or other criminal or traffic charges in Kansas, use our free case evaluation form for a consultation about your case, or contact our office in Overland Park, KS.
↧
High-Flying 'Prodigious Gambler' Indicted for $190 Million Ponzi Scheme; Gambled Away $175 Million
Authorities indicted a Las Vegas businessman on charges that he operated an elaborate Ponzi scheme that took in nearly $200 million from investors - $175 million of which was gambled away at various Las Vegas casinos. Ramon DeSage, also known as Ramon Abi-Rached and Raymond Antoine Abi-Rached, was indicted by a federal grand jury on four counts of wire fraud - each of which carry a maximum prison term of twenty years. Additionally, authorities are seeking the forfeiture of $191 million in scheme proceeds. DeSage's attorney indicated he would plead guilty at his upcoming arraignment. The indictment is the latest in a string of legal troubles for DeSage. He was arrested in July 2012 as the result of an investigation by the Internal Revenue Service that culminated in the filing of charges of wire fraud. According to the IRS complaint, DeSage used his company, Cadeau Express, to solicit funds from investors with the promise of high…
↧
Uh ... Yuck! ... Cop becomes prostitutes' pusher, y mas?
Via Drug War Chronicle:In Galveston, Texas, a Port of Galveston police officer was arrested September 12 for financing the drug habits of prostitutes and driving them to crack houses to score. Officer James Roland Chapman, 53, now faces three prostitution counts. He faces up to two years in jail and the loss of his peace officer's license if convicted.I've heard before that many prostitutes and escort services stay in business mainly by acting as informants for the police. I wonder if these alleged ladies of the evening were Chapman's snitches before he allegedly became their pusher?
↧
Graffiti in Austin up 400% from 2002
A reader recently asked what percentage of graffiti comes from self-styled "artists" and how many were gangbangers. I didn't have an answer, and before now have never seen anyone offer even an educated guesstimate. But according to The Daily Texan ("Illegal graffiti on the rise, but can be artistic expression," Sept. 21):Most cases do not reflect the gang-tagging community, but instead represent a growing art subculture within youth.Gang-related graffiti accounts for 15 percent to 20 percent of the clean-ups, Casarez said, but the most common offenders are young adults influenced by a pop culture art phenomenon."If you go back in 2002, you can see this weird tagging subculture pop out along with the skater revolution," he said. "In five years, this art revolution has just developed not only at UT, but has grown nationwide into such a serious problem."I didn't realize the universities had secured special enhancements for graffiti…
↧
↧
Feds sue over Dallas jail healthcare: 'If people treated animals this way, they would be prosecuted'
Who couldn't see this coming a mile away? The feds have sued Dallas County over poor health conditions in the jail, reported AP yesterday:Federal prosecutors allege in a lawsuit that inmates at the Dallas County Jail are at risk of harm because of unsafe jail conditions and a lack of proper health care. The U.S. Attorney's Office asked the court to require Dallas County to take actions to correct deficiencies at the jail, among the largest complexes in the country. In a lawsuit filed Wednesday, the federal government contends Dallas County and Sheriff Lupe Valdez have known about problems at the jail for some time but have failed to address them adequately. By failing to fix the inadequacies, the rights of the inmates were violated, the suit said. "Through the acts and omissions...Defendants have exhibited deliberate indifference to the health and safety of Dallas County Jail inmates," the suit said. The federal government says court action is…
↧
Tulia movie scrapped?
Via Pete at Drug War Rant:This is a major downer. We had a really good thing going -- John Singleton directing Halle Berry and Billy Bob Thornton in the movie about the drug war travesty in Tulia, Texas. Now reports are that the project has been scrapped because Halle is pregnant. It's been reported that after she's had her child the movie might be picked up again and put into development once again but at this point Tulia won't be made.What a drag! While I've no illusions that Hollywood would portray the Tulia episode with any particular historical accuracy, I've been looking forward to the movie and to the symbolic, public vindication and denouement it would provide for Tulians wrongly caught up in the sting.For more background on the Tulia case see Rev. Alan Bean's guest blog coverage on Grits of the Tom Coleman perjury trial.
↧
SA Current publishes special supplement for inmates and their families
The San Antonio Current has created a special supplement for Texas inmate families edited by staff writer Dave Maass called "Pen to Paper." and have posted a pdf file on their website for folks to print out and send to their loved ones who're doing time.Perhaps the most important item in the supplement for prisoners will be this excellent short primer on how to create a "parole packet" to submit to the Board of Pardons and Parole in support of an inmate's petition for release. Rosie Campos Lopez of the Texas Inmate Family Association shared her experience helping dozens of families create such packets, which can cost thousands of dollars for those who hire an attorney to perform the task. (What's more, there's little evidence hiring an attorney to create the parole packet works any better than doing it yourself.)I contributed a piece to the supplement on a freelance basis about what legislation passed this year that will affect Texas…
↧
More Pages to Explore .....
