Bloomberg Businessweek reports, "Europe Pushes to Keep Lethal Injection Drugs From U.S. Prisons." It's written by Makiko Kitamura and Adi Narayan. Here's the beginning of the report: Pharmaceutical makers have long promoted their products as a means to enhance or...
European Concerns Over Drugs Used in Lethal Injection Executions
↧
↧
Judge Makes Impromptu Home Visit
A Family Court Judge in England decided to “see for herself” in a court case that involved two young children. (AMV v. RM (2012) EWHC 3629) The proceedings commenced in the usual fashion, but early in the hearing the children’s father disputed the mother’s claim that she and the two children lived in a three-bedroom [...]![]()
↧
Louisiana Appeals Stay of Execution
"State to appeal Sepulvado's execution stay," is the Shreveport Times report by Vickie Welborn. The state of Louisiana is appealing a federal judge’s ruling on Thursday that halted next week’s scheduled execution of convicted child killer Christopher Sepulvado. An appeal...
↧
From Colorado
Scot Kersgaard of the Colorado Independent writes, "Colorado's Death Penalty: Spending Millions To Execute Almost No One." It's via HuffPost Denver. For those looking for details about the Colorado capital punishment experience, it's a must:read. Here's the beginning: With a...
↧
Divorce Pitfalls
Many individuals choose to represent themselves is a divorce or dissolution case. Oftentimes, in very simple matters, this is not a terrible decision. However, a recent case demonstrates the potential negative consequences of not having qualified counsel.[1] In this recent case, Husband and Wife dissolved their marriage in 2003. The parties agreed on [...]![]()
↧
↧
A 40 Year History of NORML
Keith Stroup, the founder of NORML, has a new book, in which he provides a history of NORML's 40 year campaign to legalize marijuana. You can order a copy here ($15.00)
Willie Nelson wrote...
[[ This is a content summary only. Visit my website for full links, other content, and more! ]]
![]()
![]()
![]()
![]()
![]()
![]()
↧
St. Johns County man arrested when police find 157 pot plants
A St. Johns County man is facing charges of cultivation of marijuana after a tip led police to 157 marijuana plants the man is accused of growing. Michael Colvin was arrested last week and after someone alerted police to what they described as an elaborate growing operation, according to a report in the Florida Times-Union. Colvin is charged with a second-degree felony and faces up to 15 years in prison if he is convicted. Just five years ago, that wouldn't have been the case.
Florida lawmakers in 2008 passed the Marijuana Grow House Eradication Act, and one key change in the law is now affecting how much time Colvin is facing. The threshold for the number of plants a person must possess to be charged with cultivating marijuana was reduced from 300 all the way down to 25. The new law picks up plenty of people in the middle, as it did Colvin in this St. Johns County Marijuana Cultivation case. Colvin's case was turned over the Florida Department of Law Enforcement's High Intensity Drug Trafficking Area to be investigated. Police often use electric utility records as evidence in St. Johns County Marijuana Cultivation cases because growing marijuana requires an extensive amount of light - far more than an ordinary household would use.
Police found the marijuana in two separate buildings, the newspaper reported, but it was unclear whether the grow operation was inside a home or in more commercial style buildings. Another change that was part of the 2008 state law allows the state to simply take pictures of the grow equipment and use the photographs as evidence if the case ultimately goes to trial. Prosecutors were previously required to keep the equipment. It doesn't sound like much, but the operations are often complicated and police said the space needed to keep all of the equipment on hand until a trial was a hindrance to investigations. The law also made it a first-degree felony to grow marijuana in a home occupied by children, though that does not appear to apply in Colvin's St. Johns County Marijuana case.
Police also say they recovered a stolen shotgun when they found the marijuana, but it does not appear that Colvin has been charged yet in connection with the gun. His bond was set at $5,000 - a relatively low amount for a felony drug charge - and Colvin is now out of jail awaiting a trial. One key to the case will be if police will be able to prove that Colvin was selling the marijuana once it was cultivated, assuming the plants have been harvested at least once. Sale charges can up the ante and increase the defendant's prison time exposure in the case.
If you or a loved one needs a criminal defense attorney in St. Johns County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County Marijuana Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
![]()
![]()
![]()
![]()
![]()
↧
Search and Seizure Laws: Officer, Your Dog Is Sniffing My Trunk!
I am not the only person who thinks that trained dogs working for the police is an infringement on people’s privacy rights. To compound the problem, there are serious questions about the accuracy of what the dog finds. Problem #1: Right to Privacy There are problems with the accuracy of the dog sniff. During [...]
↧
Bond Questions, Posting Bond and When Bail Is Denied
Bond denied for man accused of fatally shooting West Palm Beach nannyA 31-year-old cab driver accused in the Dec. 22 fatal shooting of a nanny who was riding her bicycle on South Olive Avenue in West Palm Beach, was denied bond this morning in court.Rupert O’Neil Harty, of suburban West Palm Beach, told investigators that he “heard a voice tell him to go kill someone” around noon on Dec. 22. He shot Amaria Grant around 20 minutes later, according to the arrest report released by city police.Harty will be charged with one count of first-degree murder. He was arrested late Thursday night and booked into the Palm Beach County Jail just after midnight.Making his first appearance in court around 9:45 a.m. today, Harty appeared in jeans and a white plaid shirt with his hair pulled back.. He spoke only to a public defender. Palm Beach County Circuit Court Judge Caroline Shepherd ordered Harty be held without bond (full story, source)Posting BondIn most cases, you are entitled to a reasonable bond set by the court. Generally, this requires that you post a bond with the court. A bond is a binding agreement to pay money to the court in the event that you do not appear for your scheduled court dates. A bond is intended to ensure your appearance in the case. Your bond may either be a cash bond in smaller cases, or a surety bond in larger cases.To post a surety bond, you will need the assistance of a bondsman who will file a bond with the court on your behalf, guaranteeing your appearance at all scheduled court dates. The bond is a conditional release, therefore, if you are arrested for subsequent offenses while you are out on bond, your original bond may be revoked by the court without notice. If you cannot afford to post the bond that is set by the court, it may be necessary to request a bond reduction hearing with the court. Depending upon the severity of the allegations made against you, the court may also impose other conditions of your pre-trial release, which could include many other restrictive conditions, such as electronic monitoring.Federal CourtsFederal courts have the power under the Act to deny bail when a defendant poses a danger to someone or the community. People at risk include the victim, an informant or a witness. The community can include a city, state or the US. However, community isn't always limited to a location in the US. For example, a court that denied bail to a terrorism defendant determined that he posed a danger to a foreign country. The bail process begins when the government files a motion and asks the court to find the defendant too dangerous for release. In other words, the government wants the judge to deny bail because no matter what the conditions of bail are, safety of the community can't be guaranteed. This hearing is held at the defendant's first appearance before a judge. Determining if a Defendant is DangerousUnder the Act, there are specific offenses that presume a defendant is dangerous. These offenses include:Crimes of violence Crimes where the penalty is death or life imprisonment Drug offenses where the penalty is 10 years or more in prison Felonies involving repeat offenders Felonies, which aren't crimes of violence, that involve minors, possession of weapons or failing to register as a sex offenderAlthough state laws vary, most courts assume that defendants charged with crimes punishable by death are dangerous and bail isn't appropriate. Essentially, the worse the crime, the more likely a defendant will be considered dangerous. Likewise, previous convictions increase a defendant's chances of being deemed a danger to the community. For instance, a defendant charged with assault with a dangerous weapon, who was a repeat offender and threatened a witness was denied bail. Source: Criminal LawyersWest Palm Beach Criminal Defense AttorneyWest Palm Beach lawyer Andrew Stine focuses exclusively on criminal defense cases and has an exceptional track record of results spanning the last ten years. A former public defender and medic for the U.S. Army, Mr. Stine is known for being proactive. He represents his clients aggressively, armed with individual attention and a passionate respect for their rights to due process.When you are accused of a crime, your freedom, your family, your reputation and your job may be at stake. Be certain of your attorney's competence, reputation, expertise and experience as a Criminal Defense Lawyer. POSTING BOND OR BAILLaw Firm Of Andrew D. Stine P.A.After the accused has his or her First Appearance, Mr. Stine will help provide the family members with a Bail Bonds Company. Mr. Stine will help make sure that your loved one is granted a reasonable bond and assure that the bond will be posted by a reasonable bonds person. If the accused is placed on house arrest, electronic monitoring wherein the accused must stay within the confines of his or her home, Mr. Stine will help and make sure the home is ready for the device. Meaning, that a hard telephone line or service is in place, assuring the house arrest supervisor receives the court order, and most importantly makes sure the county jail releases the accused in a timely manner. Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.Distributed by Viestly
↧
↧
Drunk Tampa man arrested for riding shopping cart at Walmart
From the channel 10 news team website, a Tampa man is facing felony charges for a joyride in a "borrowed" Walmart electric motor cart...
Timothy Carr, 48, had a few drinks and decided that he wanted to spice up his night. His night ended in jail where he was arrested for disorderly intoxication, felony retail theft and DUI for taking a motorized shopping cart for a spin...
Police were called out to a Tampa Walmart last Sunday in reference to an intoxicated man. When the officers arrived, they found the suspect in a shopping cart driving through the aisles and knocking over merchandise. He was seen drinking alcohol from a bottle he swiped from the store.
Legal Analysis
The man was arrested for retail theft after he admitted he had no money for the alcohol he had stolen. While the amount taken was not enough to be charged with a felony grand theft he was still charged with a felony because he had multiple petit theft priors.
Florida statute 812.014(3)(c) deals with a case like Timothy Carrs. While he stole a misdemeanor amount of goods, he was still charged with a third degree felony. This is because under the above statute, he can be charged with a felony theft if he had two or more prior retail theft convictions.
DUI on a scooter?!
As a Saint Petersburg DUI attorney, clients are often amazed about what the law considers a vehicle. A Driving Under the Influence charge can come about from a motor vehicle, lawn mower, truck, scooter, golf cart and even a bicycle! Florida State Statute 320-01 goes into the definition of a "motor Vehicle" as follows:
320.01 Definitions, general.--As used in the Florida Statutes, except as otherwise provided, the term:
(1) "Motor vehicle" means:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, special mobile equipment as defined in s. 316.003(48), vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.
(b) A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicle-type units, when traveling on the public roadways of this state, must comply with the length and width provisions of s. 316.515, as that section may hereafter be amended.
At first glance this statute appears to not allow for bicycle or electric motor scooter DUIs. However, a closer look at the Florida Driving Under the Influence statute reveals that you merely need to be in actual physical control of a VEHICLE on a public road and not a MOTOR vehicle. Hence the Defendant in the above article could be charged with the scooter DUI as long as he was on a public road for at least part of his joyride. Our prediction? The drinking and driving charge won't stick as there is scant evidence that the suspect was ever on a public road as well as the fact that jury members in most Florida counties often do not like to convict their fellow citizens for non automobile drinking and driving cases!
↧
Convictions in Boys’ Deaths During Camping Trip Overturned
An Ohio Court of Appeals has over-turned a conviction of a couple for involuntary manslaughter related to the death of two boys on a camping trip. The case is State v. Klein, 2013-Ohio-228. The defendants were convicted of involuntary manslaughter and other crimes. The facts occurred in 2011. Richard Klein and his wife, codefendant Kasey [...]
↧
Innocence Project Receives $1 Million Donation from Pershing Square Foundation
The Pershing Square Foundation today announced a $1 million grant to support the Innocence Project's shift toward having wider systemic impact on criminal justice policy at the federal and state level. The grant, the largest in the organization's history, will support the Innocence Project's state-based policy advocacy as well as its core legal, policy and communications work. Crain's New York Business reports:
"This is major," said Maddy deLone, the Innocence Project's executive director. "We are going to be able to scale up in a way that we otherwise wouldn't have been able to."
The grant will help the organization educate, train and work cooperatively with law enforcement to implement best practices and support non-lobbying advocacy that seeks to improve eyewitness identification procedures and expand access to post-conviction DNA testing for people trying to prove their innocence.
"We've known what the reforms are, but now we can try to scale up so we can work to have them adopted," Ms. deLone said.
The Pershing Square Foundation, started in 2006 by Bill Ackman and his wife Karen, aims to support organizations that help create social change. Since its inception, it has donated more than $160 million in the areas of economic development, education, healthcare, human rights, the arts and urban development.
"The Innocence Project has had the ability to transform lives on a case by case basis but this is an opportunity to change the criminal justice system for the better," said Paul Bernstein, the foundation's chief executive officer.
Read the full article.
↧
Operators of Private Foster Home Misappropriate Public Funds
In order to be convicted of misappropriating public funds, the prosecution must prove that a person was charged with receipt, safekeeping, transfer, or disbursement of public monies, and then appropriated the funds for his own personal use. Money is public money depending on the official character in which the money ...The post Operators of Private Foster Home Misappropriate Public Funds appeared first on Law Office of Domenic J. Lombardo.
No related posts.
↧
↧
Colorado police allege man robs bank, throws money
A man in Colorado is facing serious charges this week after police say he robbed a bank before leading them on a search. The incident allegedly happened Tuesday, when the man allegedly stole money from a bank, and then threw...
↧
Step 1: Request a Driver's License Hearing after arrested for DUI In Utah
The first step in any arrest for DUI is requesting a Driver License Hearing. Many people want to bury their head in the sand after an arrest occurs. They don’t want to think about, take some time to process what just happened. They hear the officer spew words about contacting the Court no earlier than 5 days and no later than 14 days. It is all a blur. You MUST request a drivers license hearing with in 10 DAYS of being arrested. If you don’t, your license will be automatically suspended without out any due process, and without a hearing. If you can’t bring yourself to contact a DUI Attorney from the get go, at least request the Driver License Hearing first thing. In fact, print this form, fill it out as complete as you can, and fax or mail it in. There is nothing more unsettling than winning your criminal charge of DUI but yet trying to explain that your license is still suspended based on the simple fact you did not request a hearing within 10 days.
Late Hearing Requests: If you miss the 10 day period to request a Driver License Hearing, then send in a letter explaining why you did not know you needed to request the hearing within 10 days and ask for a later hearing. Very rarely have I seen it granted, but occasionally, the DLD will look at the officer’s report and see that you were not advised of your right to a hearing.
Driver License Suspension Consequences:
First Offense, Consented to Chemical Test: 120 day Suspension
First Offense, refused to take Chemical Test: 18 month Suspension
Second Offense, Consent to Chemical Test: 2 Year Suspension
Second Offense, Refusal to Chemical Test: 3 Year Suspension/revocation
REQUEST HEARING (CLICK HERE FOR FORM)
↧
Michigan OWI Limit Scheduled to Increase to .10
You might be surprised to learn that under Michigan’s current law, the BAC required for being classified as intoxicated while driving is scheduled to increase from .08 percent to .10 percent on October 1, 2013. This seemingly sudden change has been approaching for almost ten years. In July of 2003, Michigan legislature passed a bill [...]![]()
↧
//blawgsearch75.rssing.com/chan-6519914/article677-live.html
United States v. Petri, No. 11-30337 (Tallman, J., joined by Schroeder and McKeown, JJ)The Ninth Circuit affirmed a 60-month sentence imposed (Lasnik, J.) for participation in an ATM skimming conspiracy. It held that Rule 32(i)(3)(B) of the Federal Rules of Criminal Procedure -- which requires that a district court must, "for any disputed portion of the presentence report or other controverted matter," "rule on the dispute or determine that a ruling is unncessary" -- "extends only to objections to the presentence report that make a difference in the formulation of an appropriate sentence." In this case, to the extent that the district court ruled on the defendant's objection to the presentence report's recommendation not to grant a downward adjustment for minor role, the district court complied with this requirement. The panel held that the district court was not required to go further and address, in the context of other legal arguments for a particular sentence, the defendant's arguments that he was recruited to participate in the ATM skimming operation by another person whom the government could not locate and who supposedly received the majority of the proceeds from the operation. Moreover, the panel held that the district court's explanation of the sentence was adequate.The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2013/02/08/11-30337.pdf
↧
↧
"Amish beard-cutting ringleader gets 15 years"
The title of this post is the headline of this AP report on a high-profile federal sentencing which took place in northern Ohio today. Here are the basics: The ringleader in hair- and beard-cutting attacks on fellow Amish in Ohio...
↧
CA appellate court allows warrantless use of speed/braking records from car's airbag module (SDM)
In another first impression case, a California appellate court ruled that an individual has no reasonable expectation of privacy in the data recorded by a car's sensing diagnostic module (SDM), which is part of the airbag system. Therefore, the court upheld the police's actions to retrieve that information from a car that was lawfully impounded after an accident. The case is People v. Diaz, __ Cal. App. Ct. __ (Feb 6, 2013), and a copy of the opinion can be found: here.
The "main function of the SDM is to deploy the air bags. The SDM has the secondary function of recording throttle, speed, application of brakes, and transmission position." In this case it was used as evidence to prove the speed of a vehicle involved in an accident resulting in death (the driver was also intoxicated). The defendant argued that an individual has a reasonable expectation of privacy in that information, and that the police's actions to cut her carpet to get to the module, and then download the data, was a violation of the Fourth Amendment. As mentioned above, the car had been impounded after the accident, and was essentially totaled. The defendant attempted to make an appeal to United States v. Jones in her argument to no avail. The court quickly dismissed that argument, stating "the trespass theory underlying Jones has no relevance and, as the trial court aptly pointed out, the purpose of the SDM was not to obtain information for the police. Thus, Jones is not helpful to defendant."
The holding of the case turned on the instrumentality of crime exception to the warrant requirement, stating that: "In this case, defendant's vehicle was itself an instrumentality of the crime of vehicular manslaughter. Defendant concedes it was lawfully seized. Consistent with the California Supreme Court cases discussed above, the officers' 'subsequent examination of the [vehicle] for the purpose of examining its evidentiary value [did] not constitute a ‘search’ as that term is used in the California and federal Constitutions. [Citations.]'"
Regarding the expectation of privacy, the real interesting portion of the court's holding is below:
As the trial court pointed out, the specific data obtained from the SDM was the vehicle's speed and braking immediately before the impact. We agree that a person has no reasonable expectation of privacy in speed on a public highway because speed may readily be observed and measured through, for example, radar devices . . ., pacing the vehicle . . ., or estimation by a trained expert . . . . Similarly, a person has no reasonable expectation of privacy in use of a vehicle's brakes because statutorily required brake lights (Veh. Code, § 24603) announce that use to the public. Thus, defendant has not demonstrated that she had a subjective expectation of privacy in the SDM's recorded data because she was driving on the public roadway, and others could observe her vehicle's movements, braking, and speed, either directly or through the use of technology such as radar guns or automated cameras. In this case, technology merely captured information defendant knowingly exposed to the public—the speed at which she was travelling and whether she applied her brakes before the impact.
We conclude there was no Fourth Amendment violation in the admission of SDM evidence.
I was unaware, until reading this case, that such information was stored on a device in cars equipped with airbags. It is a very interesting case, and I believe the court resolved it correctly. An attempt to pull Jones in to inject the ideas of "mosaic theory" and trespass was an interesting move by the defense, but knowing someone's location and tracking their every move is much different than reconstructing their speed and braking. GPS tracking can reveal much about a person's life. Speed and braking can pretty much only tell you if that person has a lead foot or rides the brakes.
New York dealt with a similar case in 2004 (which the court mentions), People v. Christmann, 776 N.Y.S.2d 437 (Just. Ct. 2004), resulting in the same outcome.![]()
↧
Friday Afternoon Open Thread
The blizzard is now being referred to as "Nemo."
Jesse Jackson, Jr. reportedly has a plea deal that may include up to 5 years in prison. He can ask the judge for probation or any lesser term....
[[ This is a content summary only. Visit my website for full links, other content, and more! ]]
![]()
![]()
![]()
![]()
![]()
![]()
↧
More Pages to Explore .....
