Michael Morton, perhaps Texas' most famous exoneree since the Tulia defendants, has a new website promoting his book, Getting Life (Texas Monthly published a pericope here), as well as a new Twitter feed. In addition, Morton published an op-ed last month in the Dallas Morning News titled, "Prosecutors are not above the law." Check out the site; read the book; follow the feed; peruse the column.Finally, BBC radio recently ran a piece on his case and the documentary on Morton's false conviction and exoneration that first ran on CNN, An Unreal Dream, is now available online or on DVD.
Checking in with Michael Morton
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Roller Derby, Stalking and the Injunction
This post examines an opinion in which a division of the California Court of Appeals reviews a trial judge’s granting “an injunction protecting Tiana McGuire from Christie Hathcock (California Code of CivilProcedure (§ 527.6)”. McGuire v. Hathcock, 2014 WL 1293817 (2014). Hathcock appealed the granting of the injunction, claimingit was based on “insufficient evidence.” McGuire v. Hathcock, supra.The Court of Appeals began its analysis of the parties arguments by reviewing how the case arose:McGuire skates in the B.ay A.rea D.erby Girls roller derby league under the name `Demanda Riot.’ Riot is well known in the roller derby community, wears distinctive face paint, and has a fan club.Hathcock is a fan of roller derby and of Riot. In 2012 and 2013, Hathcock made numerous posts on her Facebook page: (1) expressing her love for Riot; (2) describing how she followed Riot on social media; and (3) recounting a dream…
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Atlanta Police Supervisor Refuses Field Sobriety Test, Jailed on Suspicion of DUI
Late last month, Robert Joseph Albertini was stopped by a Cobb County officer who spotted the Atlanta Police supervisor weaving back and forth over a double yellow line. The supervisor, Robert Joseph Albertini, refused to submit to a field sobriety test and was arrested on suspicion of drunk driving. He was taken to the Cobb County Jail. According to a Fox Atlanta news article, the incident took place on a road in Kennesaw. Chief George Turner placed Albertini on suspension and said that before making a decision on the offer’s future, an administrative hearing will be conducted. In the state of Michigan, field sobriety tests are voluntary, which means that the individual who is suspected of driving while under the influence has the option of taking the test, or refusing it. Most Michigan DUI lawyers would recommend that motorists refuse this test, which is highly subjective. The tests administered in a field sobriety test in Michigan include the one-leg stand, the walk…
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Voir Dire: 2014
“We meet no ordinary people in our lives.” C.S. Lewis “The human being is never impartial. He is biased by everything he has experienced, suffered, and seen.” Harry Libsig “We don’t see things as they are, we see things as we are.” Anais nin We started the first trial in my law school class. The initial exercise was jury selection. I coached the students while they were standing in front of the jury box doing the exercise and later I sent the following notes to them: The Atmosphere in the Courtroom You must put prospective jurors at ease so you can converse with them. Jurors are nervous when they walk into the courtroom. To most of them, court is not a place they want to be. It is alien and intimidating. To the average citizen, only bad things happen in court. They know from television and film that when people go to court, they may not get to leave, and that they may go to a jail cell. Thus their main goal is to leave, quietly and…
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DNA Evidence Frees Wrongfully-Convicted Brothers After 30 in Prisoners
Back in 1983, an 11-year-old girl in North Carolina was brutally raped and murdered. Shortly thereafter, two brothers were arrested for, charged with, and convicted of the crime, and they have been in jail ever since. Until today, that is. Explosive new DNA evidence has implicated someone else in the murder of the child. As a result, the two brothers will leave prison today free men, having had the last 30 years of their lives stolen from them by a clearly flawed system of justice. Our criminal defense lawyers at Leifert & Leifert know that while a crime such as the one at the center of this 1983 case is heinous and emotion-fueling, it is critical to rememeber that careless prosecutions can not only fail to serve justice, but can also create a tremendous injustice, as was the case for the two wrongfully-convicted brothers.
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Officer Killed Bicyclist – Is He Getting Special Treatment?
Police officers have a hard job. I certainly wouldn’t want to do it. They have to keep people and property safe, enforce our laws, and try to make sure they come home alive each day. I can’t imagine what it’s like to be driving a police cruiser from call-to-call, never knowing what is coming next. But what happens if an officer has a traffic accident on the job? What if an officer hits and kills a bicyclist? Los Angeles is dealing with that issue right now. In December of 2013, an L.A. County Sheriff’s Deputy struck a bicyclist with his cruiser; the bicyclist died from injuries sustained from the crash. Just this month, the L.A. District Attorney has decided that no criminal charges will be brought against the deputy. According to the D.A.’s office, there is not enough evidence to prove a case of vehicular manslaughter. What are the facts? Apparently the deputy had just left a call for a fire. At 12:46pm, he called in via radio that the call was…
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FATCA: Trapped by the Land of the Free?
The Foreign Account Tax Compliance Act (FATCA) has been billed as the U.S.’s bold effort to go after tax dodgers and cheats. The picture painted is that of greedy rich people secreting their fortunes in offshore accounts and away from poor Uncle Sam. But this is not a fair representation of FATCA’s impact or reach. […] The post FATCA: Trapped by the Land of the Free? appeared first on Crime In The Suites.
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Man Admits Using Fake Identity to Purchase 4 Homes
Larry Fullenwider, 63, Belleville, New Jersey, admitted conspiring to defraud financial institutions as part of a $15 million mortgage fraud scheme that used phony documents and straw buyers to make illegal profits on overbuilt condos. The defendant pleaded guilty before U.S. District Judge Jerome B. Simandle in Camden federal court to a second superseding indictment charging him with one count of conspiracy to commit wire fraud. Using the alias Stanley Hyde, Fullenwider admitted purchasing four condominiums in North Wildwood, New Jersey, after presenting a false identification and using fake documents to support fraudulent loan applications. According to the documents filed in this case and statements made in court: Fullenwider was among 11 defendants charged in July 2012 with conspiracy to commit wire fraud and conspiracy to commit money laundering. Two additional defendants, Nicholas Tarsia, 65, Totowa, New Jersey, and Mashon Onque, 43, East Orange, New Jersey, were charged…
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You be the sentencing judge: decades or just years for mistaken home shooting in Detroit?
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Sexual Assault of Woman in Buffalo Grove
A Buffalo Grove woman reported being awoken in her bed at 4 in the morning to a strange man straddling her in what police are calling an attempted sexual assault. The woman allegedly fought the man off, and he escaped through a patio door. No arrests have yet to be made. Defense Against Illinois Attempted Sexual Assault While there is currently no suspect in the case and no charges have been filed, this case is an excellent example of many issues that arise in home invasion and sexual assault cases, and illustrates the importance of hiring an experienced Chicago sex crimes attorney. An acquittal in a case like this depends on the criminal defense attorney’s ability to show the jury how the prosecution’s evidence does not rise to the level of reasonable doubt. Chicago sexual assault attorney David L. Freidberg has more than 17 years of experience handling all types of sex crimes cases, and knows what it takes to win an acquittal or achieve a…
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Motor vehicle accident in California kills 1
Car accidents that take place on a freeway can be serious enough, but when multiple vehicles are involved, the severity of the accident can be increased greatly. The increased speeds of the freeway combined with the number of vehicles can have catastrophic consequences that end in the death of one or more people. Unfortunately, one motor vehicle accident in California recently killed one person.The accident took place on the afternoon of Aug. 31 at around 2 p.m. and involved three pickup trucks. Police stated that two of the pickup trucks were stopped on the right shoulder of the road while the occupants of the vehicles attempted to adjust the load that the trucks were carrying. Then the third truck suddenly struck both of the vehicles. Emergency personnel arrived at the scene of the accident and pronounced one of the victims deceased at the scene. Six other individuals suffered injuries, but the extent of the injuries was not reported. The accident was severe enough to…
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"Smart Sentencing" Heads For the Gutter
I was astounded to find on Sentencing Law and Policy this title, "'A Holocaust in Slow Motion: America's Mass Incarceration and the Role of Discretion.'" The article is introduced on the blog thusly:The provocative title of this post is the title of this provocative new article available via SSRN and authored by (former federal prosecutor) Mark W. Osler and (current federal judge) Mark W. Bennett. Here is the abstract:Numbers don't lie: America has suffered an explosion in imprisonment that has been fundamentally unrelated to actual crime levels.Yes, well, we all know what other kind of incarceration was "fundamentally unrelated to actual crimes" -- concentration camps!The title is not merely "provocative," as it's being soft-peddled. It's appalling and disgusting, and it's no mere coincidence that it comes in the immediate aftermath of two gruesome beheadings by the new Nazis, ISIS.…
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Guns Don’t Kill People, Children Do?
We understand that accidents do happen. We also understand that that are legitimate reasons why some people own guns. After all, not every gun owner is a gang-banger, home invader or hit man. And maybe there is a legitimate reason for a young child to be practicing with and learning to fire an Uzi. We […] The post Guns Don’t Kill People, Children Do? appeared first on David Black.
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Rahall on Police Militarization
Karena Rahall (Seattle University School of Law) has posted The Green to Blue Pipeline: Defense Contractors and the Police Industrial Complex on SSRN. Here is the abstract: Images of police in tactical gear, pointing automatic weapons at unarmed demonstrators in...
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Nasty court room tactic
As a criminal defense lawyer who has spent hundreds of hours in front of juries, I know jury verdicts can be surprising. But when a courtroom deputy disparages a jury's decision, I get upset. A jury is supposed to reach its verdict based upon evidence in the courtroom, independently of outside sources. Regardless of what the verdict is, no one is allowed to question it. Even on appeal, (and despite what you may see on court room reality shows) it would be unusual to interview jurors about their decision. Jurors are never required to talk about their deliberations. It is also improper for jurors to use independent research and investigation to reach their decision, and jurors should immediately report this to their bailiff if they think one of their peers has done this. When is it OK to ask the Jury why they voted the way they did?
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Excluding Illegally Obtained Evidence in a California Criminal Case
If you currently have criminal charges pending the State of California you undoubtedly hope those charges do not result in a criminal conviction. Avoiding a conviction can occur in one of three basic ways – dismissal, plea agreement, or acquittal. An acquittal means that you took your case to trial ... The post Excluding Illegally Obtained Evidence in a California Criminal Case appeared first on Law Office of Domenic J. Lombardo.
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Durchsuchung einer Redaktion: Wer war hier unfähig?
Im Juni ließ die Staatsanwaltschaft Darmstadt mit einem Durchsuchungsbeschlusses des Amtsgerichts die Redaktionsräume des „Darmstädter Echo“ durchsuchen. Ein Nutzer hatte in einem Kommentar in der Onlineausgabe unter dem Pseudonym „Tinker“ einen leitenden Verwaltungsmitarbeiter der Gemeinde Mühltal der „Unfähigkeit“ bezichtigt. Das wollte dieser keinesfalls auf sich sitzen lassen und erstattete Strafanzeige wegen Beleidigung (§ 185 StGB). Redaktion durchsuchen? Wo bleibt die Verhältnismäßigkeit? Die Redaktion weigerte sich auf die polizeiliche Aufforderung hin allerdings, die Identität von „Tinker“ offenzulegen. Was dann folgte, kann man gut und gerne unverhältnismäßig nennen: Die Staatsanwaltschaft beantragte beim Amtsgericht Darmstadt einen Durchsuchungs– sowie Beschlagnahmebeschluss für die Redaktionsräume der Zeitung. Und der…
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Foster Parents Charged in Child Abuse Death
After a 3-year-old boy died of head trauma, his foster parents have been arrested on child abuse and murder complaints. Reports say that Mallory Krajian, 25, of Broken Arrow brought the child to the hospital with significant head injuries, but was unable to adequately explain how the injuries occurred. She told investigators that she was in another room helping another child to get ready for the day, and the 3-year-old and his 6-year-old brother were in another room. Krajian said that the boy fell off of a couch and struck his head on the floor or an object near the couch. She allegedly told police that the older boy gave several versions of how the child was injured, and said he could have harmed the boy. The 3-year-old suffered a skull fracture, neck fracture, subdural hematoma, epidural hematoma, and bilateral retinal hemorrhages, or “blown pupils.” Police say evidence including the layout of the home and the severity of the boy’s injuries is…
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Campus Rape Trials: The Deep Bias of the Empirical Scholar
The “claim to fame” of empiricism is that it forces us to let go of our bias, our preconceived notions that we usually chalk up to such nonsensical vagaries as “common sense,” and look at the harsh reality as demonstrated by numbers. Campus sexual assault and rape is such an inflammatory issue as to provide a compelling slate for empiricism. Unfortunately, one of the foremost proponents, Kansas Lawprof (who just received tenure) Corey Rayburn Yung, reveals that it just can’t be done. In a recent post at Concurring Opinions, Yung castigated George Will for politicizing the issue. That view was challenged as being merely the opposite political view of Will, to which Yung responded: I do think that Will and others are “downplaying” rape on college campuses, but that doesn’t mean I support any particular assessment regarding the magnitude of the problem. My point is that the authors are either assuming their conclusions or…
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Fatality Crash US2 MP 72 near Moyie Springs
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT ONE CASE # C14001955 --------------------- PRESS RELEASE ----------------------------- DATE: 09/04/2014 TIME: 12:31 AM LOCATION: WB US12 MP72.3 Moyie Springs ASSISTING AGENCIES: Boundary Sheriff ------------- VEHICLE #1 ------------- DRIVER: Louie Abraham AGE: 28 ADDRESS: Bonners Ferry, ID INJURIES: Fatal HOSPITAL/LOCATION TAKEN: Boundary Community Hospital VEHICLE: 2013 Dodge Pickup WRECKER: Panhandle Towing and Recovery SEATBELTS/HELMET WORN: No INCIDENT NARRATIVE: Abraham was…
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