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Skokie Jewelry Home Theft

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An unidentified person allegedly stole jewelry from inside a home during a Skokie estate sale last week. The case is interesting because it raises a number of different issues that the prosecution will need to overcome if an arrest is made and charges filed, as well as many possible defense strategies to explore. Proving Skokie Theft Case At the outset, the prosecution faces an uphill battle in obtaining a positive identification of the alleged thief. In reference to the estate sale, individuals were no doubt going in and out of the home. Any forensic evidence found at the scene – such as fingerprints, clothing fibers, or other DNA evidence – cannot provide a smoking gun. Here, the suspect was “invited” into the home for purposes of the sale. Absent any forensic evidence tying the suspect to the scene, an eyewitness identification is strongly in doubt. With the family talking to dozens of people while trying to make sales, without any distinguishing…

Even Lawyers Need to Be Careful What They Post Online

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Remember the days of asking a celebrity for an autograph? If you spotted a Hollywood actor or famous musician, you had to find anything they could sign. Those days are gone. Autographs have been replaced with photos, and every celebrity is asked to stop and take a selfie that will be posted online for the world to see. However, altering digital photos is now easier than ever. While everyone is on a quest to post the most epic celebrity selfies, some will use deceptive measures to do so. Recently, a California attorney was called into question for photos posted on her law firm’s website that seemed to be doctored to give the appearance that she was pictured with famous clientele. When Ultimate Selfies Turn Out to Be Ultimate Lies Attorney Svitlana Sangary mingled with the likes of President Barack Obama, George Clooney, Kim Kardashian and Morgan Freeman … well, at least it would appear that way from the photos posted on her law firm’s website. According to…

North Dakota Man Gets DUI on Lawnmower

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A North Dakota man was arrested for driving under the influence on Sunday after authorities spotted him driving erratically on a lawnmower. According to police documents, Earl Lee Jahner was operating the gas-powered lawn mower with a blood-alcohol concentration of 0.27, more than three times the legal limit. But Jahner’s troubles don’t stop there. According to authorities, Jahner was giving children a ride on the lawnmower with a six-pack of beer in tow when he was arrested. Police allege that Jahner damaged a corner of a building during his drunken joyride, and he was found to be in possession of marijuana. He was eventually charged with: Felony driving under the influence Driving with a suspended license Possession of marijuana. Not surprisingly, this wasn’t the first time Jahner had been booked for driving under the influence. A quick criminal history search reveals that he’s been convicted of DUI on nine previous occasions. Minnesota Lawnmower Laws…

This is your federal sentencing data on drugs (after the minus-2 amendment)

Gun Range Prosecution of Married Couple

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Most Criminal Attorneys in Baltimore County Maryland are familiar with the so call "gun range cases" that have been charged in Balitmore County for the last several years. These cases are viewed as controversial by many, including the writer, as they tend to look more an effort to build gun prosecution statistics than legitimate efforts by the police to protect the community from gun weilding convicted criminals. As I have described in the past, these are very serious offenses that can in certain circumstances subject the person charged to minimum mandatory 5 year prison terms. This past week I was able to successfully resolve two serparate matters involving husband and wife co-defendants, one in which the duo were charged in two separate jurisdictions. The facts of the two cases were nearly identical:

Correction Law § 168-a (2)(a)(i

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In 2004, petitioner-appellant pleaded guilty to a federal possession of child pornography offense. The Court is tasked to determine whether the Board of Examiners of Sex Offenders erred when it concluded that petitioner's conviction in a foreign jurisdiction required him to register under New York's Sex Offender Registration Act (SORA). A New York Criminal attorney said that federal agents executed a search warrant at petitioner's home, seizing his computer. Examination of the computer revealed that petitioner had knowingly purchased a subscription to an Internet site that was tailored to appeal to individuals with a sexual interest in children. Petitioner acknowledged to federal authorities that, over a period of four or five months, he downloaded and viewed numerous images depicting children ages 7 to 17 years engaged in sexual acts. In November 2004, petitioner pleaded guilty in United States District Court for the Western District of New York to a…

"Prison bankers cash in on captive customers: Inmates' families gouged by fees"

Majority Opinion in Thomas Dale DeLay v. State of Texas

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And here it is. DeLay v. State of Texas. To clarify my ealier comments, the majority held that DeLay did not commit or conspire to commit money laundering. He did not launder or conspire to launder criminally derived proceeds, because...

Miranda v. Arizona: The History of Miranda Rights

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Miranda V. Arizona This historic case from 1966 subsequently changed routine police procedure. Ernesto Miranda was arrested on March 13, 1963 by the Phoenix Police Department because he was linked to a rape and kidnapping case of a 15-year-old girl that had occurred ten days prior. Miranda was interrogated for two hours about the incident, after which he was coerced into signing a confession which said, “I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me.” The Arizona Supreme Court determined that Miranda’s signed confession was involuntary because he was not made aware of his 5th amendment rights. Even so, his confession was used against him in trial. The Supreme Court’s Decision Ultimately, Miranda’s convictions were overturned. The U.S. Supreme Court declared that…

Capers on Unsexing the Fourth Amendment

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I. Bennett Capers (Brooklyn Law School) has posted Unsexing the Fourth Amendment (U.C. Davis Law Review (Forthcoming) on SSRN. Here is the abstract: Although rarely remarked upon in Fourth Amendment jurisprudence, traditional notions of sex and gender matter in a...

More proof of ________?: violent crime hits historic lows in crazy California

News Scan

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California Teen Convicted in Brutal Double Murder:  A California jury has determined that a teenager convicted of murdering an elderly couple in 2013 was sane at the time of the crime.  News 10 Sacramento reports that 17-year-old Daniel Marsh broke into the couple's home in April 2013 and tortured the pair before stabbing them dozens of times.  Authorities say Marsh showed no remorse after his arrest and had even bragged to his friends about the killing.  Marsh faces a maximum sentence of life without the possibility of parole, the death penalty was not an option due to his age at the time of the crime.Tennessee High Court Upholds Death Sentence: The Tennessee Supreme Court has unanimously ruled to uphold the death sentence of a man convicted of murdering six people in 2008.  Samantha Bryson of the Commercial Appeal reports that Jessie Dotson fatally shot his brother, his fiancee, and two other adults before stabbing and beating two young boys to…

Dallas Cowboys Player Accused of Sexual Assault

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On the heels of a lawsuit filed accusing Dallas Cowboys owner Jerry Jones of sexual assault come allegations that special teams player C.J. Spillman sexually assaulted a woman at a Texas hotel in September. A woman filed a police report accusing Spillman of raping her at the Gaylord Texan hotel in Grapevine on September 20. The football player has not been charged and has played in two games since the alleged incident. Today the team announced that he will continue to practice, with coach Jason Garrett saying that Spillman’s status with the team will not change unless he is arrested or charged. Some people say that with scrutiny on the way the NFL is handling other domestic violence and sexual assault cases–particularly in relation to the Ray Rice case–the team and the league should act quickly to suspend a player accused of sexual assault. However, Garrett told reporters, “I think you have to be careful with just accusations and allegations in this…

South Florida Landlord Bucks Trend, Offers Housing to Sex Offenders

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10-2-2014 Florida: South Florida Landlord Bucks Trend, Offers Housing to Sex Offenders Laws that restrict where sex offenders can live when they are released from prison leave many homeless, but one south Florida apartment manager is providing housing opportunities by leasing apartments to offenders on liberal terms. “I just believe that everybody deserves a second chance,” said Pamela Eaton,

Texas State Senator, Advocates to Push Legislative Fix for DNA Testing Hurdle

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Today's Austin American-Statesman reports, "Senator vows to expand DNA testing in innocence claims." It's by Chuck Lindell. Here's an extended excerpt from the beginning: Arguing that the state’s highest criminal court watered down a law designed to free innocent people...

OK Seeks Death Penalty for Beheading Suspect

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Oklahoma will seek the death penalty will be filed against Oklahoma beheading suspect Alton Nolan. The grounds: [DA Greg] Mashburn said he will allege the victim’s death was especially heinous, atrocious or cruel. He said he also will... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Additional Coverage of Oklahoma's Revised Execution Protocol

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Oklahoma's news Execution Protocol and Lethal Injection Drug Policy are available in Adobe ,pdf format. Time posts, "Oklahoma Changes Lethal Injection Protocol, But Keeps Controversial Drug," by Josh Sanburn. Late Tuesday, Oklahoma announced new lethal injection procedures requiring more training...

The Trauma to Execution Workers

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"The Enforcers of the Death Penalty: How does capital punishment affect the prison guards and wardens tasked with carrying it out?" is by Tolly Moseley at the Atlantic. It's a must-read: Unlike other professions that involve death, such as the...

Pen Register and Trap and Trace Order

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Records reflect that a man is charged with Robbery in the different degrees, Grand Larceny in different degrees. Upon stipulation by both parties, this Court conducted a Huntley, Mapp, Dunaway and Wade hearing. The Huntley portion of the hearing pertained to a written statement allegedly made by the accused to the Police after his arrest. The Mapp portion of the hearing was regarding a Blackberry cellular phone which was allegedly seized from the criminal defendant. The Dunaway portion of the hearing was regarding the probable cause to arrest the defendant in his grandmother's apartment. The Wade portion of the hearing was regarding a photo array which was shown to the complainant. During the trial, a Detective testified that he was notified by the Police Department that a pedestrian robbery had occurred at approximately 7:30 p.m., at a given location. Detective immediately proceeded to that location. Upon arriving at the scene, Detective with Police Officers, and with…

Logan on Decriminalization and Legalism's Limits

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Wayne A. Logan (Florida State University - College of Law) has posted After the Cheering Stopped: Decriminalization and Legalism's Limits (Cornell Journal of Law and Public Policy, Forthcoming) on SSRN. Here is the abstract: To the great relief of many,...
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