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"Mitigating Foul Blows"


New Look and Feel for the Blog

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This blog is more than five years old, has had over 3 million visitors, and is still growing. Until today, it has never had a redesign. Starting now, you’ll notice a new look and feel. It’s not a radical departure from the past, but it is a cleaner design, and it is optimized for mobile use. Perhaps […]

Täglich frische Unterwäsche

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Wer als Referendar eine Station im Strafvollzug verbringt, wird dort manchmal mit einer Frage konfrontiert, die uns in Freiheit Lebenden recht banal vorkommt: täglich frische Unterwäsche. In der Justizvollzugsanstalt (JVA) ist es nämlich so, dass den Häftlingen keineswegs jeden Tag – sondern beispielsweise nur vier Garnituren Unterwäsche und zwei paar Socken in der Woche zur Verfügung stehen; damit müsse man dann hinkommen. Als Referendar kommt einem dann die undankbare Aufgabe zu, Anträge auf mehr Ausstattung mit Wäsche abzulehnen. Vier Unterhosen und zwei Paar Socken in der Woche sollen ausreichen Einem 60-jährigen Häftling, der eine Freiheitsstrafe in einer westfälischen Justizvollzugsanstalt verbüßt, wurde einem Beschluss des OLG Hamm aus dem Jahre 1993 entsprechend genau vier Stücke Unterwäsche und zwei Paar Socken pro Woche zur Verfügung gestellt. Eine Verbesserung dieser…

What is a CBIP in Maine?

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The letters “CBIP” stand for “Certified Batterer’s Intervention Program.” I receive this question (What is a CBIP in Maine?) from clients who are facing domestic violence charges in Maine. Local organizations get “certified” by the State of Maine to offer a Certified Batterer’s Intervention Program. The State of Maine recognizes that domestic abuse in the […] The post What is a CBIP in Maine? appeared first on The Nielsen Group.

Department of Justice Expected to End Insistence on Waiver of Appellate Rights

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If reports are true, those of us that handle federal criminal cases here in Atlanta and elsewhere received some much welcomed news this morning. It is being reported by Law 360 that within the next week or so, Eric Holder is expected to announce that the Department of Justice will end its longtime policy of requiring individuals who desire to plead guilty to accept plea agreements that include appellate waiver provisions within those agreements. Quite justifiably, these waiver provisions have received a great deal of criticism over the years, and the time for ending this policy is long overdue. Best I can tell, the DOJ policy of requiring appeal waivers in plea agreements officially began in 1997, when the Department issued a directive requiring prosecutors to include such a provision within plea agreements. Although these provisions are not included in every single plea agreement in federal court, waiver provisions are included within the large majority of federal plea…

Half Baked

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Efforts to try to illuminate legal issues and problems that result in catastrophe often feel a lot like pissing into the wind.  Few who aren’t engaged in the effort get it. Many attribute it to bizarre and ridiculous conspiracies or simplistic hatred of perceived enemies easily cured by resort to a firm and resolute insistence on adherence to constitutional rights, or a well-aimed bullet. Others, often smart people who don’t realize they’re behaving like dilettantes, come up with half-baked ideas that not only fail to offer anything remotely realistic, but tend to make people stupider by reflecting no grasp of the problem. One wag, Joseph Steinberg, wrote at Forbes “[p]roperly crafted laws could criminalize” revenge porn.  He’s not a lawyer, but a self-proclaimed “cybersecurity  expert.” Naturally, other non-lawyers seized upon this to prove that it can happen. All we need are “properly crafted…

Rooting for acquitted conduct petition grant from SCOTUS long conference

Views on ISIS From the Middle East

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I'm always interested in how countries halfway around the world say they would address a problem here. I'm not talking about legal problems since laws in other countries vary too much, but in hands-on tackling of a problem that affects... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Texting and Driving in Florida

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Texting and driving gets a lot of attention around the country, particularly as a cause of far too many auto accidents and related injuries. In Florida, it is a violation of s. 316.305 of the Florida State Statutes to text while driving, although, as our Palm Beach and Broward County traffic ticket defense lawyers know, there are some exceptions to this rule. Knowing that there are exceptions to the rule does not mean that texting and driving is safe; doing is makes you 23 times more likely to crash your car than you would otherwise be. Still, knowing the specifics of the relevant law can make you more able to assert your rights should you ever have to.

3rd Circuit Rejects Challenge to SEC Rule and Holds Fiduciary Duty Not Required for Insider Trading Based on Misappropriation Theory

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Last month, the Third Circuit Court of Appeals affirmed the insider trading and perjury conviction of Timothy McGee, an Alcoholics Anonymous mentor who traded on inside information he learned from his AA mentee about the impending sale of Philadelphia Consolidated Holding Corp. (“PHLY”). McGee had mentored the man, a PHLY executive, for “the better part of a decade." When McGee inquired about his recent frequent absences from AA meetings, the mentee, who was under work-related stress, “‘blurted out’ the inside information about PHLY’s imminent sale.” Before the news became public, McGee borrowed money and bought a significant number of PHLY shares, taking the security from 10% to 60% of his personal stock portfolio. He did not tell his mentee about the trades. A jury convicted McGee of securities fraud under the misappropriation theory, which “focuses on deceptive trading by outsiders who owe no duty to…

Judge Sentences Woman for Orchestrating Sophisticated Straw Buyer Scam

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Kathryn Sylvester, San Diego, California, was sentenced to 41 months in custody for operating a large-scale mortgage fraud scheme that caused over $6 million in losses on various properties in San Diego and Orange Counties, California. Sylvester promised straw buyers that she would flip a number of the properties for a quick profit. Instead, she systematically drained equity from the properties for her own benefit. A restitution order is pending. The government has asked the court to order Sylvester to pay $6.6 million to several financial institutions and individuals who were victimized by her scheme. During the sentencing hearing, U.S. District Court Judge Cathy Ann Bencivengo said Sylvester orchestrated a “sophisticated operation” involving “repeated acts of criminal behavior.” Judge Bencivengo acknowledged Sylvester’s managerial role in the conspiracy and noted that she must be held responsible for the “serious offense.” According…

Attorney Anthony Sineni Arrested and Charged with Domestic Violence Assault and other Serious Criminal Charges

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Prominent local Portland criminal defense attorney, Anthony Sineni, was charged over the weekend with Domestic Violence Assault (Class D misdemeanor), 3 counts of Tampering with Evidence/Witness/Victim (Class C felony) and Theft in Excess of $10,000.00 (Class B felony).  If convicted, Mr. Sineni could face as much as 16 years in prison if the sentences on all the charges were to run consecutively. Because Attorney Sineni handles so many court appointed cases in Cumberland County, the Attorney General's Office has agreed to prosecute the case to ensure that any appearance of impropriety is avoided.  If convicted on any of these charges, it's likely Mr. Sineni would face a period of incarceration as well as a period of probation upon release from jail. It's an unfortunate piece of news and one that saddens me as I know Attorney Sineni to be a diligent and passionate criminal defense lawyer.  The public just needs to avoid jumping to conclusions until…

I defrauded investors in a scam, but paid some of the money back. Shouldn’t the court give me credit for this?

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Answer: Yes, the court should.  Ponzi schemes seem to stand the test of time.  There never seems to be a shortage of people willing to invest in a so-called ‘sure thing’.  And people continue to perpetrate these crimes without the thought of the prison time they risk going forward with these schemes. Consider the recent decision in U.S. v. Snelling, decided September 22, 2014 by the sixth Circuit Court of Appeals.   Jasen Snelling defrauded investors in a classic Ponzi scheme by soliciting funds for two fictitious financial companies.  These companies supposedly invested their clients ‘ money in overseas mutual funds and promised investors an annual return of 10-15%.  In reality, Snelling and his partner simply paid back earlier investors with a portion of the new investor’s money The remainder of the new deposits were used by Snelling and his partner to live extravagantly. They issued false quarterly statements and…

Fatal Ontario Crash Involving Big Rig Results in Arrest of Driver on Suspicion of DUI

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Earlier this month, Hilario Homberto Urena was arrested on suspicion of DUI after the big rig he was driving crossed a yellow line and struck on oncoming vehicle head-on. The driver of the other vehicle died of the injuries he sustained, according to police. The accident occurred in Ontario on Haven Avenue, according to KTLA 5. Urena, who is 40 years old and a resident of the Bay Area suburb of Tracy, fled the scene of the accident before driving onto the 60 Freeway and abandoning his truck. A news release indicated that the crash took place just after 1 a.m. on Thursday, September 11. California Highway Patrol claimed that the truck’s bumper was left at the scene of the accident. When Urena drove onto the 60 Freeway on-ramp, his big rig struck a wall; the truck finally came to rest in a lane of the freeway,. where another motorist hit it. Urena was walking on the freeway when police spotted him and took him into custody. Police believe that alcohol contributed to the…

Michael Phelps Arrested For Second DUI

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Michael Phelps was arrested early Tuesday morning for driving under the influence, according to a report by TMZ. Although details are minimal and an investigation is underway, TMZ has reported that the swimming star was stopped in his Land Rover at approximately 1:40 a.m. this morning. Authorities recently issued a report saying Phelps was initially stopped for driving 84 mph in a 45 mile per hour zone. Phelps’ mannerisms during the traffic stop led authorities to believe he was under the influence. No official report has surfaced, but TMZ is citing an anonymous source claiming that Phelps failed a subsequent field sobriety test. They also claim that Phelps blew nearly double the legal limit on a Breathalyzer test. Phelps was eventually charged with driving under the influence and driving at an excessive speed. He was released after being booked. Second DUI This wasn’t the first time the Olympic champion got behind the wheel after a night on the town. Phelps was…

Second Fatal Bike Accident In Central Park In Two Months

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On September 18th, Jill Tarlov, 59, a married mother of two and former employee of WINS News, was crossing West Drive near West 63rd Street when she was struck by a bicyclist, 31 year old Jason Marshall.  Apparently, Marshall was travelling in excess of the 25 mph speed limit in Central Park, and swerved to avoid a group of pedestrians when he collided with Ms. Tarlov.  Marshall allegedly screamed “Get out of the way!” a couple of times before the tragic collision.  It is unclear who had the traffic light, but according to the New York Times, Marshall admitted during questioning that he was in the car lane, not the bike lane, when he struck Ms. Tarlov.  She struck her head on the roadway and suffered severe head injuries. Ms. Tarlov was taken to New York Presbyterian Hospital/Cornell Medical Center and shortly thereafter, declared brain dead.  This past Monday, September 22, Ms. Tarlov died of her injuries.  The issue here is…

Oral Argument in Coats case

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Courtesy of Rachel K. Gillette, Esq, here's the link to this morning's oral argument before the Colorado Supreme Court in Coats v. Dish Network. [Note-there's a 19 minute delay]. Here are the issues before the Court: Whether the Lawful Activities Statute, C.R.S. section 24-34-402.5, protects employees from discretionary discharge for...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Jx5e8B1VhAs" height="1" width="1"/>

Homeless Man Charged in Fatal Ypsilanti Township Heroin Case

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Russell Smith, a 37-year-old man that according to court records is homeless, was arrested and charged in a case involving an Ypsilanti Township man who died after Smith provided him with heroin, according to news articles at Mlive.com. The incident happened last year, and Smith was charged on July 14, although he appeared in circuit court for the first time on Tuesday, September 23. His hearing was adjourned for three weeks. Smith’s co-defendant in the case, 21-year-old Devin Wilson, had her case postponed while police worked for months to arrest Smith. Wilson was sentenced on July 15 to one to 15 years in prison for giving Terry Mike Norris, her 37-year-old boyfriend, a fatal dose of heroin. She pleaded guilty, and in exchange for her plea agreed to testify against Smith, who allegedly provided her with the heroin. Smith is charged with delivery or manufacture of heroin, delivery of a controlled substance causing death, and lying to a peace officer. Police did not…

Midland Man Charged with 2007 Sexual Assault of Female Relative

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On Thursday, September 25, 42-year-old Thomas P. Skulley was arraigned on charges of sexually assaulting a teenage girl who is his relative in Saginaw County in 2007. Skulley pleaded not guilty to a single charge of first-degree criminal sexual conduct against a relative. He posted a 10 percent of $35,000 bond ordered by Saginaw County District Judge M.T. Thompson. The arrest warrant alleges that Skulley sexually assaulted a female relative in January of 2007, and that the girl was between the ages of 13 and 16 at the time of the assault. First-degree criminal sexual conduct is the most serious of all sex crimes, and punished by a maximum term of life in prison. A preliminary hearing has been scheduled before District Judge Kyle Higgs Tarrant for October 6. Under Michigan Penal Code 750-520b, first-degree CSC involves sexual penetration, along with other specific conditions. In this case, the defendant allegedly committed sexual penetration with a victim who is between 13 and…

Drug Convictions Overturned En Masse In Philadelphia

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On Friday, September 26, a judge in Philadelphia vacated 59 different drug convictions with the blessing of the District Attorney's office. As The Inquirer noted, the court moved briskly, taking no more than a minute per case, in "an assembly-line treatment of cases, which the courts have perfected after years of police scandals."The cause? All of these cases flowed from arrests made by former Officer Jeffrey Walker during the period of 2004 to 2013. In May 2013, Walker was arrested by the FBI sting after he was caught planting drugs in a suspect's car, stealing keys, and then burglarizing his house.  Walker promptly began cooperating, which has helped turn up six other dirty cops, Thomas Liciardello, Brian Reynolds, Michael Spicer, Perry Betts, Linwood Norman, and John Speiser.  Walker is awaiting sentencing.This is, as the underlying article points out, not the City of Brotherly Love's first problem with corrupt officers, and mass vacaturs…
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