St. Louis Public Radio reports, "Citing St. Louis Public Radio Report, Inmate Asks Court To Halt His Execution," by Chris McDaniel. It's via KBIA-FM. Lawyers representing inmate Earl Ringo are asking a federal judge to halt his upcoming execution, citing...
Stay of Execution Sought in Missouri
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HEROIN CHARGE DISMISSED IN LAWRENCE
On July 9, 2014 NK and a friend drove from Manchester, NH down to Methuen to buy heroin. At a prearranged spot the friend exited NK's car and met a woman and began walking down the street with the woman. The friend gave the woman $200 and the woman gave NK's friend several packets of heroin. The friend returned to NK's car and got in. NK began to drive away and within moments several unmarked police vehicles with flashing blue lights forced NK to a stop. The police ordered NK and his friend out of the car. Heroin packets were found in the front seat and loose heroin was found on the driver's seat and on the floor in front of the driver's seat. The police arrested NK and his friend and charged them both with Possession of Class A (Heroin). The woman, who had been under police surveillance, was also arrested and charged with Distribution of Heroin. The next day, July 10, 2014, NK appeared in Lawrence District Court and was arraigned; his case was…
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Wisconsin council approves restricting where sex offenders live
9-5-2014 Wisconsin: Council voted 4-3 to approve drafting of ordinance that would require offenders to live at least 2,500 feet from facilities for children ELKHORN — The Elkhorn City Council will vote in October on an ordinance that would restrict where sex offenders can live in the city. On Tuesday, the council voted 4-3 to approve drafting of the ordinance that would require offenders to
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Times They Are a Changing For Nashville's Domestic Violence Docket
Starting on September 2 , 2014 , the domestic violence docket in Nashville General Sessions Courts are undergoing some drastic changes. Mayor Dean issued a press release on some of the changes in August. Last night , I attended a meeting on the changes . Unfortunately , there is not a written protocol of the new process only some colored graph that will make your head spin. As I understand it , a person who is arrested for a domestic violence charge that makes bond will have a court date within days of their release. It was explained to me this is an appearance date to see if you have a lawyer. The case will be reset with the goal to have a court date within 30 days from arrest. Here are some of my issues ; There is not enough time for an accused citizen to research , interview , and hire a lawyer in that time frame. Once the lawyer gets hired , there is not that much time to prepare for a preliminary hearing or trial. The criminal justice…
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Continuing Coverage of the North Carolina Exonerations
Today's Raleigh News & Observer publishes the editorial, "NC brothers are cleared after system failed." Here's the beginning of this must-read: The chain of evidence that freed Henry McCollum and his half-brother Leon Brown after 30 years in North Carolina...
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Marijuana DUIs Raise Concerns Over Traffic Safety
As More States Legalize Marijuana, Concern Rises Over Fatal Marijuana DUI Accidents More states have passed legislation legalizing medical marijuana, and both Colorado and Washington state have passed legal recreational marijuana laws. However, in states with some form of legalized marijuana, police have documented more marijuana DUIs, which has raised concerns over the traffic safety […] The post Marijuana DUIs Raise Concerns Over Traffic Safety appeared first on South Carolina DUI Defense Lawyers | Strom Law Firm, L.L.C..
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From South Dakota
"'Suicide' common on South Dakota's death row," John Hult's report in today's Sioux Falls Argus Leader. This morning, we learned that death row inmate James McVay was found dead in his cell. All signs point to suicide, as Mr. McVay...
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Will Justin Ross Harris Face the Death Penalty?
Yesterday, Cobb County District Attorney Vic Reynolds announced that the grand jury had indicted Justin Ross Harris for various crimes relating to the death of his son Cooper Harris. One… read more → The post Will Justin Ross Harris Face the Death Penalty? appeared first on .
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Holper on Confronting Cops in Immigration Court
Mary Holper (Boston College - Law School) has posted Confronting Cops in Immigration Court on SSRN. Here is the abstract: Immigration judges routinely use police reports to make life-altering decisions in noncitizens’ lives. The word of the police officer prevents...
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Justice Department’s Integrity Section Scores a Win in McDonnell Case: Gov. McDonnell Should Have Accepted the Plea Deal Because the Broken Marriage Defense Didn’t Work
More than two years after the Justice Department Public Integrity Section’s embarrassing fumble in the campaign finance trial that didn’t result in a conviction against former U.S. Senator John Edwards, the section successfully prosecuted former Virginia Gov. Bob McDonnell (a onetime Republican rising star who was considered for the 2012 vice-presidential nomination) and wife Maureen McDonnell. The Edwards trial was one of many missteps that led to a wave of bad publicity for the DOJ Section. But yesterday, a jury found former governor Bob McDonnell guilty of 11 corruption-related counts, and his wife of 8 corruption-related counts and one count of an obstruction of justice in a case that arose from accepting gifts from a wealthy businessman. He was acquitted of lying on loan documents, and she was acquitted of falsifying a bank record. We’ve previously blogged about the trial here. At trial, lawyers for the McDonnells argued that their marriage was too broken…
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Friday Open Thread
Your turn. This is an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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News Scan
Convicted Child Killer Sentenced to Life Behind Bars: A Texas man convicted of raping and murdering a six-year-old girl last year has been sentenced to life in prison plus forty years after pleading guilty to the killing. Arezow Doost of CBS Dallas Fort Worth reports that in addition to the murder charge, 18-year-old Tyler Holder also pled guilty to arson and attempted capital murder for shooting a police officer the day of his arrest. Holder will serve at least 50 years of his sentence before he will be eligible for parole. Florida High Court Upholds Death Sentence: The Florida Supreme Court has upheld the death sentence for a man convicted of murdering two people within hours of each other. Andrew Pantazi of The Florida Times-Union reports that Billy Sheppard Jr. shot and killed two people in separate car jacking attempts in the summer of 2008. Sheppard challenged his death sentence based on the claim that the prosecution used hearsay during trial and…
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Charlotte Observer Says Innocence Case Proves Flaws in Death Penalty
After two North Carolina men who were declared innocent based on DNA evidence, an editorial in Wednesday's Charlotte Observer asks how many other innocent people are awaiting death sentences? Henry Lee McCollum and his half brother Leon Brown spent three decades behind bars after being wrongly convicted of the brutal 1983 rape and murder of an 11-year-old girl, but recent DNA testing not only proved their innocence, but also matched a local man who is serving life in prison for a similar murder committed nearby just weeks later. The Observer writes: "It is this simple: Be it sloppy police work or prosecutorial misconduct or flawed eyewitness testimony, people are wrongly convicted of murder. Some are sentenced to death. And it is not rare." McCollum, the older brother, served his time on death row while Brown was in for life. Excluding McCollum, 18 people have already been proven innocent and exonerated by DNA testing in the United States after serving time on…
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SOMTA...cont
The Respondent first asserts that the designation of a non-sexual offense committed prior to the effective date of SOMTA as sexually motivated violates the Ex Post Facto clause of the United States Constitution. Article 1, § 9, clause 5 of the United States Constitution provides that "no ex post facto Law shall be passed" but does not otherwise elaborate on that prohibition. The United States Supreme Court has defined an ex post facto law as: any statute which punishes as a crime an act previously committed, which was innocent when done; which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with crime of any defense available according to law at the time when the act was committed. Respondent claims that a 5 year statute of limitations should apply to any determination that an offender's previous felony conviction was "sexually motivated" just as such a limitations period generally would…
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File Sharing Not Necessarily Distribution
File sharing permits the public or private sharing of computer data in a network that allows multiple people to read, view, modify, copy, print, or write in the same file.… read more →
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Recanted Testimony Fails to Meet “Extraordinaily High” Burden for Claim of Actual Innocence
Probably the most difficult constitutional claim to establish in a federal habeas corpus proceeding is one of “actual innocence.” This premise was reinforced by the Ninth Circuit Court of Appeals… read more →
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225.05 and 225.30 of the Penal Law ...cont
CPL § 170.75 was derived from section 40 of the New York City Criminal Courts Act. The New York Criminal Courts Act was enacted in 1910. Prior to 1960 All defendants charged with misdemeanors were entitled to either a trial before a magistra or at defendant's option to a trial in the Court of Special Sessions. In 1962, when the Magistrate's Court was merged with the Court of Special Sessions to form the New York City Criminal Court, this limiting provision as to defendants charged with gambling offenses was carried into section 40 of the New York City Criminal Courts Act. When section 40 of the New York City Criminal Court Act was amended in 1965, it was accompanied by a 'Memorandum of Legislative Representative(s) of (the) city of New York'. It states the reasoning behind the multiple dwelling misdemeanors being excluded from the provisions of section 40. This proposed amendment is designed to expedite the disposition of misdemeanor charges…
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Man Charged with Murder after Deadly Car Accident: On UM/UIM Coverage
According to a recent article from CBS Los Angeles, a man has been charged with murder after a 19-year-old driver was killed in what appears to be an alcohol-related car accident. The victim was driving with his girlfriend when the alleged drunk driver swerved his vehicle and crashed into them. The driver was pronounced dead at the scene of the accident. The man's girlfriend was taken to the hospital. Her injuries were not life-threatening. Authorities are reporting that the defendant fled the scene of the accident on foot and was arrested when police arrived at his home following the crash. The defendant was also charged with driving under the influence (DUI), leaving the scene of an accident (hit-and-run), and driving with a suspended license. According to this article, the defendant had previously been convicted of a DUI in which there was a personal injury. As your Boston drunk driving lawyer understands, there is a good chance that adriver who had his…
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3 Crashes near Blackfoot
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 9/6/2014 1:15 p.m. Please direct questions to the District Office On Saturday September 6, 2014, at approximately 10:27 a.m., the Idaho State Police investigated three crashes in the southbound lanes of Interstate 15 at milepost 94, by Blackfoot. The first crash occurred when a 1999 Subaru Legacy, driven by Laura Busby, 28 of Fairview, Oregon, was headed southbound and swerved to avoid slowing traffic and struck the guardrail. The second crash occurred when a 2014 Toyota Camry, driven by Francis Park, 52 of Billings, Montana, swerved to avoid a vehicle that was slowing due to the first crash and struck the guardrail. As Park's vehicle came back into the lane of…
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Padres' Shortstop Arrested For DUI In San Diego
It was revealed this morning with a confirmed police report that the Padres' shortstop, Everth Cabrera, was arrested for driving under the influence of marijuana. He was arrested a little after midnight on Wednesday morning and the consequences of this arrest may be big enough to keep him off of the field for a while; the rest of this season and possibly carrying over until the next. Cabrera has already been off of the field for extended periods of time for other unfortunate events, one of them being his continuous hamstring injuries. He was currently in preparation to start rehabbing his injuries with the Single-A affiliate 'Lake Elsinore Storm.' The 2013 season was filled with nothing but problems for Cabrera and he was suspended for 50 games for being implicated in the Biogenesis scandal. He was also charged with domestic violence while in spring training, but the charges were eventually dropped. While being arrested for DUI is a serious charge, it is not…
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