On June 7, 1776 Virginia’s Richard Henry Lee stood up in the Second Continental Congress in Philadelphia and offered a resolution that would forever change the course of American and world history. “Resolved: that these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance […]
US Declaration of Independence: Unprecedented Change to the World
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Deputy LA City Attorney Arrested for Child Porn
A Deputy Los Angeles City Attorney was arrested Thursday for possession and distribution of child pornography. He was taken into custody at his home in San Pedro, California by Los Angeles Police Officers. The man, 57 year old Christopher Richard Garcia, works for the City's "Airport Division" located at Los Angeles International Airport. Garcia was licensed to practice law in 1986 after graduating from Harvard Law School. According to the State Bar of California, Garcia has never been subject to any disciplinary action by the Bar and has been practicing law since he was licensed. Garcia is currently out of jail after posting $40,000 bail. LAPD indicated to the media that they had been investigating Garcia since they executed a search warrant at his home in November of 2013. At that time officers seized computers and other electronic devices from the Garcia home. These items were later examined by officers in LAPD's forensic labs and determined to have…
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Let’s Make a Deal: the Joy of the Old “In-and-Out”
I’ve said before that I hate plea bargains. I think they should be illegal. They have become little more than a bludgeon that puts too many innocent people in jail, or prison, and imprisons even too many guilty people for longer than they might be if the case were properly litigated. Nevertheless, plea bargains are sometimes the best option, and when they are, I have been known to concur with my clients when they decide to accept one. I’ve also been known to argue with clients, when I thought that accepting a plea agreement was not in their best interests. When asked by the court if I concur in my client’s plea, I’ve gone so far as to put it on the record — and just did so again as recently as a couple of weeks ago — that the client was taking the plea against my advice, but that doing so was my client’s option under the law, and not mine to abrogate. In juvenile cases, I have more than once simply refused to concur. Juvenile…
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Case o' The Week: Ten Too High, in Ninth Eyes - Hardrick and Child Pornography, 404(b), and Sentencing
Hon. Stephen Reinhardt“I do not profess to know the solution to the problem of how to cure the illness that causes otherwise law-abiding people to engage in the viewing of child pornography. I know only that lengthy sentences such as the one in this case, ten years (and below the guidelines at that) for a first offense, cannot be the answer.” United States v. Hardrick, 2014 WL 4358467, *6 (9thCir. Sept. 4, 2014) (Reinhardt, J., concurring), decision available here.Players: Decision by Judge Murguia, joined by Judges Reinhardt and Noonan. Notable concurrences by Judges Reinhardt and Noonan.Facts: Agents i.d.’ed two IP addresses in Hardrick’s home associated with child porn. Id.at *1. Two seized computers each contained child porn videos. Id. Hardrick admitted to agents he used Limewire to download porn, but disclaimed knowingly downloading child porn. Id. He went to trial on two counts of knowing receipt. Id. The district court denied…
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Designated Felony
A New York Criminal Lawyer said that, the Respondent is the subject of a petition for sex offender civil management pursuant to Sex Offender Management and Treatment Act. He moves here to dismiss the petition on the basis that certain provisions of the statute as applied to him are violative of the United States and New York State constitutions. A New York Sex Crime Lawyer said that, on May 3, 1995, the Respondent was sentenced in New York County Supreme Court for convictions of Kidnapping in the Second Degree, Promoting Prostitution in the Second Degree and Bail Jumping in the First Degree. He received concurrent indeterminate sentences of 9-18 years’ incarceration on the kidnapping charge, 4-8 years on the promoting prostitution charge and 3-6 years on the bail jumping charge. According to the State, Respondent's kidnapping and promoting prostitution charges included conduct in which he restrained the victim, repeatedly raped her, forced her to engage in…
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Obama Will Disclose ISIS Strategy on Wednesday
President Obama will outline the U.S. response to ISIS in a speech on Wednesday. Today on Meet the Press: “What I want people to understand is that over the course of months, we are going to be able to not just blunt the momentum” of... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Schulterkamera für Polizeibeamte – die ultimative Lösung für Beweisschwierigkeiten?
Als Pilotprojekt sollen die Polizeibeamten auf St. Pauli zukünftig mit einer sogenannten “Schulterkamera” ausgerüstet werden. Laut einem Bericht des Hamburger Abendblattes stellt die Stadt Hamburg dafür 20.000,00 € zur Verfügung. Die Schulterkamera soll ihrem offiziellen Zweck zufolge jedoch nicht für das Casting einer neuen Trash-Show des Privatfernsehens dienen und angeblich auch kein weiterer Baustein in der Totalüberwachung der Bevölkerung sein. Die Schulterkamera – sog. Body Cam – soll (darf?) von Polizeibeamten nur dann eingesetzt werden,„wenn Umstände die Annahme rechtfertigen, dass eine Situation einen gewalttätigen Verlauf nimmt“. Wann das ist, bestimmt allein der Polizeibeamte nach „billigem Ermessen“ wie es Juristen so schön ausdrücken. Außerdem muss der Betroffene auf das Einschalten hingewiesen werden, also kann der Eingriff in das…
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People v Moore, People v Doyle
This is a proceeding wherein the defendant is charged with the felony of Sexual Abuse in violation of Section 130.65 of the Penal Law and the misdemeanor of Assault, covered by section 120.00 of the Penal Law. At a preliminary hearing the complainant, RM, testified that she had hitchhiked her way to New York from Montana where she had been employed as a waitress. Her purpose in coming to New York was to visit a male friend who had been hospitalized. At her friend's urging she slept in the apartment of the defendant, an acquaintance of her friend, on the night of her arrival, and again some three nights later. On the first occasion, she testified that the defendant slept on a separate mattress in the apartment. She did some cooking and cleaning each day following the first night, but did not sleep there again until three nights later when she awoke to find the defendant fondling her. She repelled his advances thus apparently angering the defendant who then beat her about…
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Video - Florida Forfeiture and Seizure - Cops Gone Wild
Florida Forfeiture and Seizure Cops Gone WildCops and communities have a new contest - let's see how much stuff we can take from citizens using civil forfeiture, even though they are not convicted criminals. These cops gone wild seize cash and assets then post “trophy shots” of money. Some police advocate highway interdiction as a way of raising revenue for cash-strapped municipalities.$2.5 Billion Seized Without Warrant or Indictment | Civil ForfeitureThere are seminars and training firms that help agencies and communities get in on the forfeiture gold rush. One was quoted in the Washington Post saying, “All of our home towns are sitting on a tax-liberating gold mine,” This cop gone wild published his book under a fake name since he is also a marketing specialist for an interdiction training firm. Lets take a look at the consequences of civil forfeiture . . . #copsgonewildStop Worrying about Drugs. The Call is Free, the Relief can be valuable.…
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RCNY, Title 38, and Chapter 12...cont
In any event, even assuming that the subject property can be fairly classified as arrest evidence, the respondents' assertion that it is entitled to retain the property without bringing a forfeiture proceeding is without merit. Applying the above-stated principles, the Court of Appeals held that the failure of the claimant to obtain a District Attorney's release for arrest evidence did not justify the Property Clerk's refusal to return the property, when the criminal proceedings related to the property had been terminated and therefore the government's presumptive right to detain the property no longer exists. The court explained that it would be inconsistent with the due process underpinnings of the Mc v. R. decision to allow the District Attorney to block the return of the property by simply refusing to issue a release. In this case, the criminal proceeding has terminated. Moreover, while Petitioner attempted to obtain a District Attorney's…
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Prop 36 - drugs and 3 strikes
I've written before on the fact that I consider propositions to be the scourge of California politics. I still consider them to be so. In general, I think propositions are WAY overused in California, and they've actually replaced effective governing instead by just going directly to a bunch of uninformed or misinformed voters with a fancily drawn title and promises to make the world a better place with one yes vote. Voters in general tend to be pretty low information, it's bad enough when they vote for politicians they like or don't like based on 30 second ads, but at least those politicians have to actually report back to the voters with the things they've done every few years, but a proposition is a single vote that locks something into law forever without an ability to change it (most propositions are written in a way that require super-super majorities to make even the most minor changes.I know there's no way to legislate this, but…
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NYPD To Wear Body Cameras
Last week NYPD Commissioner William Bratton announced that a pilot program testing out body cameras on NYPD officers will be going into effect. As he points out, it's a technology that cannot be avoided. Interestingly, Bratton's unilateral announcement preempts pending litigation.Judge Shira Scheindlin's final order in the Stop and Frisk litigation contained a provision requiring the testing of body cameras over a one-year period, and left it to the federal monitor to implement the appropriate plan. That program would have been arrived at with input from an array of plaintiffs' representatives, the NYPD, and other folks. However, these discussions have been delayed by continuing appellate litigation, which has put the court's order in limbo. Following events in Ferguson, and the death of Eric Garner in Staten Island, Bratton decided to move forward, albeit without the participation of plaintiffs' counsel, or anyone else.According to the NY Times, a…
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How long does the proescutor have to file my DUI case?
In Washington State, the City or State prosecutor have two (2) Years to file your DUI case. I have had cases filed 18 months after the arrest. The is called the Statue of Limitations.
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Sunday Night Open Thread
I'm still following the ISIS news. For those of you who aren't, here's 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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Colorado Roundup
"Death penalty is the enemy of speedy justice," is the Sunday Denver Post editorial. With the death penalty having become an issue in the governor's race, it's worth contrasting these cases and asking ourselves, as Coloradans, which choice makes the...
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Code of Criminal Procedure
The surety herein applies for an order under sections 597 and 598 of the Code of Criminal Procedure remitting the forfeiture of cash bail deposited by her for and on behalf of the defendant, who was theretofore charged with disorderly conduct in violation of subdivision 8 of section 722 of the Penal Law. A New York Criminal attorney said that the facts explaining and excusing the defendant's failure to appear for a hearing on April 30, 1953, have been fully set forth in the moving papers and warrant the exercise of discretion by this court in remitting the forfeiture of the bail deposit heretofore made by the surety if this court has the power to order such remission. Upon the argument of the appeal, and in answer to the court's inquiry as to why this motion was not made in the County Court of Queens County, the court was informed that that court had refused to entertain applications for remissions of forfeitures not originating in that court. "The right of a…
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Former SAC trader Mathew Martoma gets lengthy (but way-below guideline) federal prison term of nine years for insider trading
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Observations of Nashville's Domestic Violence Docket
Last week I posted on Nashville's domestic violence docket . I had a chance today to go observe the docket. Here are a couple of my observations: The first court appearance is an initial appearance. No witnesses are subpoenaed. The purpose is to ascertain if you have a lawyer and to reschedule the court date. The time is too soon to determine if you have an attorney .I am hopeful the court gives more time for the citizen accused to hire an attorney. A representative from the mayor's office was in the courtroom. Why ? Mayor Dean announced a domestic violence report last year . One of the goals was to reduce the time between arrest and the first court date. Nashville Bar Association failed the members of the criminal defense bar. It was my understanding that the NBA was contacted by the court to send a representative . No input was sought from the private criminal defense bar . Further there were no reports from the Nashville Bar…
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"What the McDonnell verdict says about U.S. politics"
Jeffrey Bellin (William & Mary Law School) has this op-ed piece in the Washington Post. In part: The guilty verdicts in the trial of former Virginia governor — and Republican sinking star — Robert McDonnell highlight an ugly tension between...
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Key Texas industries heavily reliant on immigrant labor
Here's an example why the nativist outcry over illegal immigration and border security in Texas strikes me as a disingenuous, even hypocritical stance for the state to take. Construction everywhere in Texas is booming but, reported the Houston Chronicle ("Low skill jobs hard to fill as Obama considers immigration policy," Sept. 7):About half of all Texas construction workers are here illegally, according to a report last year by the Workers Defense Project and the University of Texas. In Houston's roaring market, it's particularly tough for employers to scoop up workers. Wages have skyrocketed. "We don't have a sustainable workforce to do what we need to do right now in Texas," said Gregg Reyes, CEO of the Houston-based Reytec Construction Resources Inc., who said seven out of every 10 of his applicants don't have proper work authorization. "We can only bid on the projects we have people…
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