Sen. Chuck Grassley, along with Sen. Jeff Sessions, has been taking the lead in exposing the truth the now-quite-dead Smarter Sentencing Act. Today, he put a hole in one of the main arguments for it -- that it will save a bunch of money.Of course, we can always save money, in the short run, by cutting the prison population and thus incarceration costs. In this sense, the more we cut, the more we'll save. Think of the boatload we would save if we just let 90% of them loose!The problem with this argument, as with most borne of the blinkered ideology that sees felons as victims who'd massively contribute to society if we'd just shovel social services at them, is that it sees only one side of the ledger while ignoring or trivializing the other. Senator Grassley put some reality (and honesty) into the debate by his announcement today citing none other than the CBO. It turns out that a goodly chunk of the money we'd save…
About That Money We'd Save from "Smart Sentencing"...
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The Grotesque Results of Politically Correct Law Enforcement
When law enforcement becomes about anything other than behavior, we're in trouble. Thus, when people get picked out for prosecution because they're black, it's reprehensible and subversive. It's also indecent. Ditto for when they are picked out for prosecution because they're white, as almost certainly happened to George Zimmerman in the Trayvon Martin case. There, it got to the point that one leading and (ordinarily) pro-defendant academic was openly hoping for Zimmerman's conviction even though it was clear early on that the State would not be able to meet its affirmative burden, under Florida law, of disproving self-defense.The same thing may be happening now to Ferguson, Mo. police officer Darren Wilson, who has the misfortune to be white. Does anyone think the banshee cries for his indictment would be anything like what they are if he were black? He may deserve indictment, mind you, and a good deal more than that.…
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Court Dismisses Case for Lack of Prosecution
A New York Criminal Lawyer said that the records reflect that the accused allegedly committed the criminal acts charged, and a warrant for his arrest was issued. He was incarcerated in a State Prison, in a different jurisdiction, as a probation violator, he having been previously convicted of burglary and given a suspended sentence. A detainer warrant was filed by the County District Attorney with the authorities at the State Prison, but no effort was made to obtain his presence in New York. Five years later, an indictment alleging two counts of forgery in the second degree and one count of petit larceny, was handed down by the County Grand Jury. Some time, the County Police Department was notified by the authorities that he would be released the following month. Later, the accused, after first refusing to do so, waived extradition and was returned to New York. A New York Burglary Lawyer said he moved under sections 667 and 668 of the Code of Criminal Procedure in the County…
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More Texas DWI Convictions Will Be Overturned Because of Warrantless Blood Draws
Over in Tyler, somebody had a very good day recently – specifically, Samuel Gentry who saw his lawyer win a DWI appeal before the Tyler Court of Appeals and get his 3d DWI conviction overturned along with the Life Sentence he was serving. Warrantless Blood Draw in DWI Case What happened? The police did a blood test on Samuel Gentry back in 2012 and then arrested him for driving while intoxicated without getting a search warrant from a judge for taking his blood. That’s called a “warrantless blood draw” and that’s the problem for the prosecution now. Of course, in pretrial, Gentry moved for the warrantless blood draw to be tossed as evidence. The judge denied his motion to suppress it. Later, he decided to plead guilty to drunk driving and then face sentencing by a jury of his peers. Unfortunately, those jurors apparently thought that Gentry was a danger to the public and the sentence that came back from the jury room was Life.…
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2 Arrested for Charging Borrowers Upfront Fees to Secure Loans
Douglas Carter and James Spillers have been arrested by the Collier County, Florida, Sheriff’s Office for allegedly operating an advance fee for loan scheme targeting victims throughout the United States and Canada. Both men have been charged with grand theft, scheme to defraud and 18 counts of unlawfully collecting advance fees from prospective borrowers. The alleged scam involved Carter and Spillers assessing and collecting more than $900,000 from more than 100 prospective borrowers, at least 20 of whom were located in Florida. However, no loans were ever funded and most never received a refund. Victims allege they were left without a loan and the money they paid as an advance fee was lost. Carter and Spillers used various company names to perpetrate the scheme. The Florida Office of Financial Regulation was the lead investigative agency, partnering with the Volusia County Sheriff’s Office to investigate the fraud. The case is being prosecuted by the Florida…
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Texas poised to execute a second female murderer in one year
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Sex offender house surprises Norwich
9-16-2014 Connecticut: Four men living in Broad Street home in program backed by state Norwich - The recent discovery of a two-family home on Broad Street housing serious sex offenders released from prison has rekindled a controversy that first emerged last summer, with residents and city officials complaining that the city is being unfairly targeted by state programs. The house at 152 Broad
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Corrections Committee Chair Tan Parker questions jail time for low-level pot possession
Here's an incredibly positive sign for drug sentencing reform from Texas House Corrections Committee Chairman Tan Parker, as reported by the Dallas Morning News' Rodger Jones on their Opinion Blog (Sept. 16):in an interview with the editorial board yesterday (along with his Democratic opponent, Daniel Moran, a UNT student), Parker said he would support legislation eliminating jail time for possession of small amounts of marijuana. His position reminded me of Gov. Rick Perry’s statement this year that, “You don’t want to ruin a kid’s life for having a joint.”Parker’s position is interesting, coming from the chairman of the House Corrections Committee who’s regarded as pretty conservative. If Parker occupies this space on drug policy, it could indicate movement by more Republicans than I would have expected for next session.Check out the rest of Jones' rather lengthy, noteworthy discussion with Chairman Parker.…
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Welcome new attorney Noah H. Gibson
On June 2, 2011 we started this office with little more than a philosophy and a dream. The philosophy is to provide legal help with the highest degree of customer service and a client centered approach. The dream is to succeed and expand until the Landsberg Law Office is synonymous with the best in Hawaii. Every day we are thankful for the blessings that have helped us to grow, ever closer to that goal. Today we take the next huge step forward towards that outcome. Noah Gibson is an experienced attorney who has worked not only for Judge Michael A. Town, Judge Steven S. Alm, and Justice Michael D. Wilson, but has also worked as a Public Defender, and for the Honolulu Corporation Counsel. He comes to us with these wealth of experiences and a commitment to the same goals and philosophy we hold dear. Noah is starting immediately, and his practice will be largely dedicated to handling DUI type cases in all the courts of Oahu and before the…
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The Seventeenth Amendment: Destroying State Sovereignty
From 1789 to 1913 the power to choose United States Senators was vested by the Constitution in the State legislatures. The Seventeenth Amendment altered the process by providing for direct election of Senators by the people. This fundamentally altered a carefully balanced power structure built into the unamended Constitution that served important purposes: to limit federal power […]
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"Report Finds Slight Growth In Population Of Inmates"
From The New York Times: Breaking three consecutive years of decline, the number of people in state and federal prisons climbed slightly in 2013, according to a reportreleased Tuesday, a sign that deeper changes in sentencing practices will be necessary...
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A Purist's Take on Improving the National Pastime
Rob Manfred will take over as the new Commissioner of Baseball from the ex-Wisconsin car dealer Bud Selig who, having presided over the Steroid Era, the advent of interleague play, and the malfeasance of Met ownership, is retiring after this season. It is unclear what new ideas Manfred might have but change, when it comes to baseball, is generally not a good idea and any tinkering with tradition should be done, if at all, with great care. That said, I have a few humble suggestions, pretty much all of which harkon back to those halcyon days of yore (i.e., after Jackie Robinson, before Ron Blomberg).Do away with the Designated Hitter Rule. The DH is wrong for so many reasons: it upsets the traditional symmetry of 9 players on a side all of whom field and hit; it eliminates late-inning strategy; it allows players past their prime and one-dimensional players to keep playing. It is also the product of racism. This was the subject of…
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Pentagon May Ask for Boots on the Ground in Iraq
At a congressional hearing today, General Martin Dempsey would not rule out sending ground troops to Iraq. “My view at this point is that this coalition is the appropriate way forward. I believe that will prove true,” he said.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Tuesday Night Open Thread
The iPhone 6 will be in stores on Friay. You can also preorder. It comes in two sizes. You can compare models here. If you are conflicted about which one to buy, read this. And if you currently have a grandfathered-in unlimited data plan, make sure... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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California’s Three Strikes Law
If you are a California resident you likely know something about the state’s “Three Strikes Law” given the fact that the law has garnered national attention since it was originally enacted back in 1994. The intended purpose of the Three Strikes Law was to provide for additional, harsh penalties for ... The post California’s Three Strikes Law appeared first on Law Office of Domenic J. Lombardo.
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Felonies vs. misdemeanors
When it comes to facing criminal charges in Georgia, these charges are typically classified as either a felony or a misdemeanor. A misdemeanor typically results in less serious consequences, while felonies are usually associated with more severe crimes. An easy trick for discerning a misdemeanor charge from a felony is to take note of the amount of jail time that an individual might face. Jail time for misdemeanors is defined in terms of months, while felony jail time is set out in years. Although there are exceptions, misdemeanors are generally only punishable by a jail sentence of one to 12 months. Additionally, a judge also retains the discretion to sentence someone accused of a misdemeanor to probation instead. On the other hand, a felony can be punishable by a year or more. Criminal charges that would otherwise be considered a misdemeanor, such as possession of marijuana, can become felonies based on the amount of drug that the individual is accused of having. Examples…
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Seeing the Signs of Fraud
Would you recognize the clues that you (or your client) have been ripped off by one of your employees? Or would management conduct business as usual, blindly trusting the employees? Companies make the mistake of not actively searching for fraud. They tend to trust their employees and trust the procedures in place to safeguard company […]
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He Wouldn’t Leave Guilty
Everton Wagstaffe went into custody in January, 1992. He was 23 years old. And there he stayed, even after he was told to pack his bags and leave on parole. From Jim Dwyer at the New York Times: Everton Wagstaffe, who refused to leave prison on probation because he viewed it as a surrender of his claim of innocence in the death of a teenage girl, learned on Wednesday that he had prevailed in a struggle that he began from behind bars nearly 23 years ago. Over the years, he has refused to accept release on any terms — such as parole or probation — that would imply he had something to do with the kidnapping and death of Jennifer Negron, a 16-year-old girl whose body was found on a street in the East New York section of Brooklyn on Jan. 1, 1992. That was a principled decision. Some would argue monumentally foolish, but principled. Maybe, after spending 15 years in prison, engaging in what Dwyer describes as “guerilla legal battle” and…
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The Capital Crime of Self Defense
In the middle of the night, someone breaks into your home through the window. What’s a guy to do? What’s a guy to do in Texas? [T]he simpler explanation is that he was awakened by armed men breaking into his home and did what he thought he needed to do to defend himself. Especially since that’s exactly what these raids are designed to do: take you by surprise. So Marvin Louis Guy fired. Police Detective Charles “Chuck” Dinwiddie, 47, and Officer Odis Denton, 37, were shot as they and other officers served the narcotics search warrant just after 5:30 a.m. Friday at 1104 Circle M Dr. Apt. 3 in Killeen. Dinwiddie died at 1:30 p.m. Sunday in the intensive care unit of Scott & White Hospital. All the reasons that make perfect sense from the police point of view for executing a narcotics search warrant in the dark of the night, no-knock, no announce, no nothing except a SWAT team’s shock and awe, are the same reasons why the people…
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CCA: Texas' improper photography statute unconstitutional, Hannah Overton salt poisoning conviction overturned
Yesterday, the Texas Court of Criminal Appeals threw out Hannah Overton's capital murder conviction based on ineffective assistance of counsel and ordered a new trial. See coverage from Texas Monthly and the San Antonio Express-News.Also on yesterday's hand-down list, the court invalidated Texas' improper photography statute as unconstitutional on First Amendment grounds. See Chuck Lindell's coverage at the Austin Statesman. Last year the court struck down Texas' online solicitation of a minor statute on First Amendment grounds as well, readers may recall, and Houston attorney Mark Bennett thinks there's more to come.
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