The Guardian posts "Texas releases death row inmate Manuel Velez after wrongful conviction," by Ed Pilkington. A building worker from Texas, who was sentenced to death for a murder he did not commit, was released on Wednesday after spending nine...
Manuel Velez Released From Texas Incarceration
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Who Can See My Record After an Expungement? – Louisiana
By Elizabeth B. Carpenter — New Orleans Expungement Attorney The $25,000 question: Who can see my expunged record? In my law practice, every client wants and needs to know whether he needs to state that he has had a criminal record expunged on a job application.The answer to this question is often best answered on a case-by-case basis, even though the law clearly states that the defendant does not have to disclose the arrest or expungement. Louisiana Code of Criminal Procedure Article 978(C) states “Except as to persons and other entities set forth in Paragraph A of this Article, no person whose record of arrest or conviction has been expunged shall be required to disclose to any person that he was arrested or convicted of the subject offense, or the record of arrest or conviction has been expunged.” Louisiana clients should first determine whether the entity where they are seeking employment is one that has…
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Ayres on Using Dramatic Narratives to Teach Domestic Violence
Susan Ayres (Texas A&M University (TAMU) - School of Law) has posted Using Dramatic Narratives to Teach Domestic Violence on SSRN. Here is the abstract: The 2003 call of the ABA for teachers to incorporate domestic violence into the law...
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Watch Now: Frontline Revisits Willingham
Nearly four years after Frontline premiered "Death by Fire," an examination of the case of Cameron Todd Willingham, who was executed in Texas in 2004 for allegedly setting a fire that killed his three young daughters, the series revisited the case in "Death by Fire 2," which aired Tuesday evening on PBS. The follow-up show, which questions if Texas executed an innocent man, was prompted by new allegations of prosecutorial misconduct in the case against Willingham. In August, the Innocence Project filed a detailed grievance with the Chief Disciplinary Counsel of the State Bar of Texas urging investigation in to whether former Willingham prosecutor John Jackson failed to disclose a deal with jailhouse informant Johnny Webb, who testified that Willingham, while in jail, confessed to the arson murder of his three children. This supposed confession became indispensable evidence on the eve of Willingham's execution in 2004 when an expert report was filed with…
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Nassau County Police Department
This is a criminal action where the defendant was charged with Offering a False Instrument for Filing in the First Degree, Attempted Grand larceny in the Third Degree, Grand larceny in the Third Degree and Defrauding the Government. The essence of the charges against the defendant is that he falsely claimed that he was permanently disabled and unable to work as a police officer and that he improperly collected money from Nassau County based upon these claims. The criminal court has considered the following in reaching its decision: Defendant's Notice of Motion to dismiss the indictment and supportive papers; Defendant's Memorandum of Law in Support of Notice of Motion to Dismiss Indictment; People's Opposition and supportive papers; Defendant's Reply and supportive papers and People's Surreply and supportive papers. The Grand Jury minutes have been reviewed in camera and it is not necessary to release the minutes or any portion thereof to…
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Woman faces deportation for 1997 conviction for attempted possession for sale of marijuana
Yesterday, the Second Circuit upheld a Board of Immigration decision finding a woman subject to removal from the US based on a since-vacated 1997 conviction for attempted possession of marijuana for sale. Though the decision does not break new legal ground, it is a reminder of the serious collateral consequences...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/MehAkwY4SDc" height="1" width="1"/>
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Crash on US26 near Bliss injures two.
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 10/09/2014 03:00 p.m. Please direct questions to the District Office On October, 8, 2014, Idaho State Police investigated a crash on US Highway 26 at milepost 144, near Bliss. Dallas Baldwin, 33, of Gooding, was traveling westbound in a Case tractor towing a Hesston baler. Esteban Bautista, 37, of Fairfield, was following Baldwin in a Peterbilt semi pulling two trailers. Baldwin was turning south onto 1300 east when Bautista struck the tractor while trying to pass. Bautista was transported by air ambulance to St Alphonsus Regional Medical Center in Boise. He was wearing his seatbelt. Baldwin was transported by ground ambulance to North Canyon Medical Center in Gooding.…
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Sideline Reporter for Hockey Team Suspended Following DWI Arrest
On Saturday, October 4, 25-year-old Chantel McCabe was charged with driving while impaired after she was stopped by police in the 1600 block of Glenwood Avenue in Raleigh, NC according to a news article at Newsobserver.com. McCabe is the sideline reporter for the Carolina Hurricanes hockey team, and hosts the pregame show on FOX Sports Carolinas. In a brief statement issued on Tuesday, team president Don Waddell said, “In light of what happened this past weekend, we think it is best that Ms. McCabe take some time away from the team.” She was suspended for the month of October. News reports do not indicate whether it was McCabe’s first offense, or what her blood alcohol content was. In North Carolina, the least serious DWI offense is considered “level five.” If found guilty, the defendant may face a minimum of 24 hours in jail and a maximum of 120 days behind bars, along with a $200 fine, community service, probation, and license suspension for one…
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42-year-old Brownstown Township Man Sentenced for Tax Fraud
On October 2, it was announced by U.S. Attorney Barbara L. McQuade that 42-year-old Shane Bateman of Brownstown Township was sentenced for his role in a fraudulent tax scheme. Bateman, who pleaded guilty to the charges in May of this year, was sentenced to one year and one day in prison. He will also pay restitution to the IRS of more than $185,000, and be on supervised release for two years once released from prison. According to the press release, Bateman and others participated in the scheme, with Bateman securing personal identification information and mailing addresses of innocent victims to give to the others who participated. The information was used to file fraudulent tax returns with the IRS, and in total requested $1.7 million in refunds on the 180 fraudulent tax returns that were filed, many with stolen identities. Bateman provided the stolen information to a “supervisor” of the scheme; the refunds were then loaded onto TurboTax Visa debit cards, which…
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Bennett on "Anchoring Effect" and "Blind Spot" Biases in Federal Sentencing
Mark W. Bennett has posted Confronting Cognitive 'Anchoring Effect' and 'Blind Spot' Biases in Federal Sentencing: A Modest Solution for Reforming a Fundamental Flaw (Journal of Criminal Law and Criminology, Vol. 104, No. 3, p. 489, 2014) on SSRN. Here...
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Amanda Bynes Arrested for DUI
Amanda Bynes was arrested on a DUI charge early Sunday morning in Sherman Oaks, California. CHP officers said they observed the 28-year-old actress driving her white Mercedes Benz SUV west on Riverside Drive, where she stopped for a red light in the middle of an intersection. Bynes pulled over immediately for the highway patrol and allegedly failed to pass a series of field sobriety tests. Officers then transported her to the West Valley CHP office for evaluation by a drug recognition expert. Bynes was eventually arrested for driving under the influence of a drug and booked at the Los Angeles Police Department’s Van Nuys Jail shortly after 7 a.m. The CHP arrest report notes that Bynes had a “disheveled appearance.” The report also shows that she was cooperative throughout the entire arrest process. The former child star of Nickelodeon’s “All That” and “The Amanda Show” was placed in an involuntary psychiatric hold last year. In…
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28 Distinguished Nobel Physics Laureates Support Imprisoned Colleague in Iran
Omid Kokabee This week marks the announcement of the 2014 Nobel prizes, recognizing the lifetime accomplishments of some of the world’s most extraordinary people. Twenty-eight of these eminent individuals—winners of the Nobel Physics Prize in years between 1972 and 2013—have signed letters to Iran’s Supreme Leader calling for the release of a brilliant young physicist and prisoner of conscience, Omid Kokabee, who is serving a ten-year sentence in one of Iran’s most miserable prisons. The Nobel Physics Prize laureates were sent an invitation to sign the letter calling for Omid Kokabee’s release by Amnesty International, the Committee on International Freedom of Scientists of the American Physical Society, and the Committee of Concerned Scientists. Their response has been overwhelming and gratifying. Many of the world’s most respected physicists have joined thousands of other caring activists who have signed paper and electronic petitions…
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Crash Blocks all Lanes of Travel on SH24 in Lincoln County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 10/09/14 4:00 PM Please direct questions to the District Office ** update ** On October 9, 2014, at approximately 12:00 p.m. Idaho State Police investigated a crash on State Highway 24 near the Minidoka County / Lincoln County border. Joel Garcia Becerra, 45, of Hammett was stopped on State Highway 24 waiting to make a left hand turn, in a Kenworth semi with two trailers. Stephanie Kunzler, 43, of Paul was traveling behind Garcia Becerra in a 10-wheeler and failed to stop, striking his vehicle. Garcia Becerra was transported by ground to Minidoka Memorial. Kunzler was transported by ground to Cassia Regional Medical Center. ** end of update ** At this time, the Idaho…
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Thursday Night Open Thread: "Tax Man" Time
October 15, the deadline for filing last year's tax returns, is right around the corner. My accountant's deadline was today, but I'm not done, so he has graciously given me until tomorrow morning to get everything to him. I will be... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Correction Law § 168-a (2)(a)(i...cont
The Criminal Court is not persuaded that the Legislature intended that the SORA "essential elements" inquiry involve the same strict equivalency approach used in the criminal enhanced sentencing context. The enhanced sentencing standard was developed by this Court more than 50 years ago in cases interpreting the second felony offender provision currently codified at Penal Law § 70.06(1)(b)(i)—a provision that long predated the second violent felony offender statute and which has never included the "essential elements" language found in SORA. Obviously, the strict equivalency requirement does not turn on the presence of "essential elements" language. As such, the Legislature's decision to use that phrase in Correction Law § 168-a (2)(d) does not suggest an intent to incorporate the strict enhanced sentencing test in SORA proceedings. The Court is similarly not persuaded that language in Correction Law § 168-a (2)(d)(iii)…
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California motor vehicle accident blamed on 16-year-old boy
Teenagers are often not as experienced at driving as older drivers on California roadways. When combined with the rowdiness of several teenagers in a car, this can create perilous situations that endanger both the teenagers as well as others on or near the roadway. Police say that a 16-year-old in Orange County recently caused a motor vehicle accident that killed five of his passengers. Reportedly, the 16-year-old was unlicensed at the time of the accident, which took place on a recent Friday night and involved one motor vehicle. Initial investigations showed that speed may have been a factor in the accident, but the official cause of the crash is unknown at this time. Police stated that the victims were traveling back from an amusement park at the time of the accident. Two of the deceased victims were 14 years old while another was 15 years old, but the ages of the two other deceased victims was not stated. The driver was in the hospital in serious…
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Banks Ignoring Nevada Supreme Court Decision on Super Priority Liens
Many Banks Are Ignoring the Nevada Supreme Court Decision on Super Priority LiensWe previously reported that on September 18, 2014 the Nevada Supreme Court ruled that homeowners’ associations’ Superpriority Liens are prior to first deeds of trust and the buyer of the property at a HOA foreclosure sale acquires title free and clear of any liens or encumbrances. However, despite the ruling by the highest court in Nevada, many banks are initiating foreclosure proceedings against properties sold at HOA auctions, asserting that their First Deed of Trust was superior to the HOA’s Super Priority Lien and was not extinguished.Persons who acquired property through an HOA auction should have received a deed stating that the property was acquired “without equity or rights of redemption.” This means that the purchaser acquires legal title to the property that is free and clear of any encumbrances, including the bank’s first deed of trust. However, the…
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Outgrowing Halloween is kind of sad
10-9-2014 National: What are you going as? If you have an answer to that question, you are either a child or an adult who never outgrew Halloween. I, sadly, have outgrown Halloween. ##I remember how exciting the holiday was in my childhood. My friends and I talked endlessly throughout October about what we were going as. It was second only to Christmas as the highlight of a child’s life, and
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CONTEMPT-ABLE
More than one robed-reader has told us that they are taught in Judicial College that by the time they hold a lawyer in contempt they have already failed and lost control of the courtroom.David Ovalle tweeted this today:User Actions FollowingDavid OvalleVerified account@DavidOvalle305Judge Miranda held Herb Walker in contempt Mon for constantly speaking out of turn, acting unprofessionally, speaking obections. Fine: $250User Actions FollowingDavid OvalleVerified account@DavidOvalle305Judge Miranda actually stopped closing arugments, sent jury out and held contempt hearing on Herb Walker right then and there.User Actions FollowingDavid OvalleVerified account@DavidOvalle305Final straw: Walker said "this is ridiculous" in front of jury in att murder case, after Judge Miranda sustained objection during closings.Disclosure: We have no love for Mr. Walker. We didn't like him as a prosecutor. And apparently Judge Miranda doesn't…
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Real Estate Developer Sent to Prison for Stealing Investor Funds
Steven Russell Hart, 55, Madill, Oklahoma, was sentenced to serve 33 months in prison for defrauding an investor of more than $700,000 to pay for construction that never took place, including five houses that did not exist. During 2009, 2010, and 2011, Hart operated SRC Construction, Inc., which built homes in an Ardmore subdivision called “The Meadows.” He funded the construction through Texoma Land Development LLC, an Oklahoma City entity. On October 15, 2013, a federal grand jury indicted Hart for sending false draw requests to Texoma Land Development. The requests specified specific construction work that SRC had supposedly performed or was in the process of performing. According to the indictment, Hart caused SRC to receive hundreds of thousands of dollars to pay for construction that never took place, including five houses that did not exist. The indictment alleged that he used a portion of these fraudulent proceeds for personal expenses. Hart pled guilty on…
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