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Chemerinsky and the Supreme Court

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UC Irvine Law Dean Erwin Chemerinsky's new book attacking the Supreme Court has caused Volokh Conspirator Orin Kerr to "wonder[] if he was just criticizing the Supreme Court for not agreeing with his policy preferences."Orin has this Q-and-A with Dean Chemerinsky in which Chemerinsky attempts to answer that question "no," but even the left-leaning commenters on the post mostly agree that he ends up demonstrating that the answer is "yes." In his first answer, Dean Chemerinsky lists a bunch of old decisions that he says everyone would agree were wrongly decided.  He is wrong about the child labor case of Hammer v. Dagenhart, BTW.  There are people who defend that decision and want to see it reinstated.  I think they are fruit loops, but they do exist.But then he says, "Thus, before ever getting to the contemporary cases, I think that there is a strong case against the Supreme Court that liberals and conservatives…

Hearst Corp. v Clyne...cont

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Addressing the second prong of the Mathews test, if the criminal courts entirely dispense with the filing of a laboratory report or field test before deeming a complaint to be an information, there is a substantial risk of an erroneous deprivation of an individual's liberty through the procedures endorsed in the Kalin decision. It is unnecessary to cite the percentage of cases where police officers, for all their training and experience, have been wrong about the nature of the substance recovered any instance of this occurrence is unacceptable if all uncertainty as to the nature of the substance recovered can be eliminated by the filing of a laboratory analysis. The third prong of the Mathews test, which requires an assessment of the "probable value" of the "additional or substitute procedural safeguard" of having a field test or laboratory analysis available before the criminal misdemeanor complaint is deemed an information is readily apparent. …

//blawgsearch75.rssing.com/chan-6519914/article7763-live.html

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FAMILY COURT : AN UNDER UTILIZED RESOURCE FOR THE CRIMINAL DEFENSE ATTORNEY.Family court proceedings can be the ultimate source of discovery for the criminal defense attorney.  Where a child neglect/abuse petition is filed in family court against a parent of a child or a "person legally responsible" for a child, there is often a companion criminal case.  The allegations in both venues are often identical.  Despite this, criminal defense attorneys (in my experience) seldom contact a client's family court attorney or observe the family court proceedings.  The advantages of having a "companion" family court case are numerous.Upon the filing of a child abuse/neglect petition under Article 10 of the Family Court Act, an initial court appearance is scheduled within days.  During this appearance, the Respondent (the parent or person "legally responsible" of/for a child) is entitled to an immediate evidentiary hearing (a…

Potential Sentence for Driving with a Suspended License

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Many people believe that a violation of Vehicle Code §14601 is an infraction and does not care with it significant consequences or penalties. This is not true. Driving with a suspended license is a serious charge, and can result in a misdemeanor conviction. The statute reads as follows: “No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806” If you are found guilty of driving with a suspended license, then you may be facing anywhere between 5 days in jail to 6 months, and a fine of $300.00 to $1,000.00. The final sentence will take many different factors into account, such as prior offenses, the facts of your case, available defenses and other variable facts that the Judge will consider.  There are several defenses that are available to the person being charged as…

Rural/Metro II: Additional Lessons for Financial Advisors, Directors and Counsel in M&A Transactions And Related Litigation

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On October 10, 2014, the Delaware Court of Chancery issued a decision awarding nearly $76 million in damages against a seller’s financial advisor. In an earlier March 7, 2014 opinion in the case, In re Rural/Metro Corp. Stockholders Litigation, Vice Chancellor Laster found RBC Capital Markets, LLC liable for aiding and abetting the board’s breach of fiduciary duty in connection with Rural’s 2011 sale to private equity firm Warburg Pincus for $17.25 a share, a premium of 37% over the pre-announcement market price. The recent decision reinforces lessons from the March 7 decision and provides new guidance for directors and their advisors in M&A transactions and related litigation. Background Prior to trial, the other defendants – Rural’s board of directors and its “secondary” financial advisor, Moelis & Company LLC – agreed in principle with plaintiffs to settle the action. RBC then amended its answer to assert a…

Idaho State Police to Participate in Trooper on a Train Operation on Friday

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IDAHO STATE POLICE NEWS RELEASE Teresa Baker Public Information Officer Headquarters 700 S. Stratford Dr., Meridian 83642 (208) 884-7122 Fax (208) 884-7087 For Immediate Release: 10/15/14 at 3:55 p.m. MERIDIAN - The Idaho State Police will be conducting "Trooper on a Train" and "Adopt a Crossing" enforcement operation in cooperation with Operation Lifesaver and city and county law enforcement officers throughout the Treasure Valley on Friday, October 17, 2014. "ISP is once again participating in this important enforcement operation with a goal to increase public awareness of the potential dangers that exist at railroad intersections and to eliminate driver actions that can have tragic consequences," said Idaho State Police Sgt. Scott Tulleners. "We hope that by letting the public know that we are focusing on enforcing the traffic laws that pertain to these intersections that motorists will always be more careful near railways." During…

What is “Chapter 20” Bankruptcy?

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Sometimes I am asked What is a “Chapter 20” Bankruptcy? Technically, there is no such thing as a chapter 20 bankruptcy filing. It refers to a process where a consumer files and receives a Chapter 7 discharge and then files for a Chapter 13 bankruptcy (7+13=20). This is done in cases where filing only for Chapter 7 or Chapter 13 fails to provide adequate relief for the consumer. Many Georgian  [ Read More ] The post What is “Chapter 20” Bankruptcy? appeared first on Law Office of Michael West P.C..

Correction Law § 168-a (2)(a)(i...cont

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Considering its context, the Criminal Court concludes that the "essential elements" provision in SORA requires registration whenever an individual is convicted of criminal conduct in a foreign jurisdiction that, if committed in New York, would have amounted to a registrable New York offense. This necessarily requires that the Board compare the elements of the foreign offense with the analogous New York offense to identify points of overlap. When the Board finds that the two offenses cover the same conduct, the analysis need proceed no further for it will be evident that the foreign conviction is the equivalent of the registrable New York offense for SORA purposes. In circumstances where the offenses overlap but the foreign offense also criminalizes conduct not covered under the New York offense, the Board must review the conduct underlying the foreign conviction to determine if that conduct is, in fact, within the scope of the New York offense. If it is, the foreign…

Handy Chart Determines If Driver of Rental Car Has Standing to Contest Search

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United States of America v. Kenyon R. Walton.   No. 14-1177.  On August 29, 2012, Walton was a passenger in a rented Chevrolet Suburban driven by his companion, Darrallyn Smoot, when the pair was pulled over on an interstate highway for a traffic stop by a state trooper in Madison County, Illinois. According to the trooper, Walton and Smoot were nervous, their breath heavy and their hands shaking, and they gave a confusing and implausible description of their travel plans. In particular, they apparently failed to pack any luggage for their supposed trip. Having become suspicious of the two, the trooper decided to extend the stop for approximately twenty minutes so that a police canine could smell around the car. The dog allegedly alerted while sniffing around the Suburban, and troopers then searched the vehicle and found seven kilograms of cocaine hidden in the back. Walton was indicted in the Southern District of Illinois for possession with intent to…

PROOF OF AN OVERT ACT AND RECEIPT OF A BENEFIT ARE NOT REQUIRED TO PROVE CONSPIRACY UNDER THE HOBBS ACT. A DEFENDANT CAN BE GUILTY OF CONSPIRACY TO EXTORT, BUT NOT GUILTY OF ATTEMPT TO EXTORT.

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Appellants Ronald Salahuddin, a former deputy mayor of Newark, and Sonnie Cooper, a demolition contractor, appealed their convictions under the Hobbs Act, 18 U.S.C. §1951(a), for conspiring to extort under color of official right.  Specifically, Salahuddin was charged with using his office to obtain charitable and political donations, and to direct contracts to Cooper’s business.  There was also evidence that Salahuddin was a “silent partner” in Cooper’s demolition business.  The government used a confidential informant (“C.I.”) to gather evidence against the appellants.  The C.I., in turn, avoided prosecution on bribery and tax evasion charges.  Appellants were charged in a five count indictment, but were convicted only of the conspiracy charge.  They each raised numerous, separate issues on appeal, which the Third Circuit rejected in United States v. Salahuddin…

The sentence imposed was not excessive...cont

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The accused correctly contends, and the People concede, that the conviction of grand larceny in the fourth degree under count 6 of the indictment must be dismissed as an inclusory concurrent count of grand larceny in the third degree under count 5 of the indictment, that the conviction of petit larceny under count 8 of the indictment must be dismissed as an inclusory concurrent count of grand larceny in the fourth degree under count 7 of the indictment, and that the conviction of criminal possession of a controlled substance in the seventh degree under count 18 of the indictment must be dismissed as an inclusory concurrent count of criminal possession of a controlled substance in the fifth degree under count 17 of the indictment. "If it is impossible to commit an offense without, by the same conduct, concomitantly committing another offense of lesser degree, the latter is a 'lesser included offense' of the former". Contrary to the defendant's…

The Los Angeles Times Calls for Recording of Interrogations

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One month after DNA evidence exonerated a pair of North Carolina brothers who were convicted of rape and murder based on their coerced confessions, an editorial in Wednesday's Los Angeles Times outlines how law enforcement can prevent future missteps and wrongful convictions. Mentally disabled half-brothers Henry Lee McCollum, 50, and Leon Brown, 46, spent 30 years behind bars before they were released last month. Their cases are among the roughly 30% of DNA exoneration cases where innocent defendants made incriminating statements, delivered outright confessions or pled guilty. Research shows that innocent people sometimes confess to crimes they did not commit as a result of mental health issues and aggressive law enforcement tactics. The electronic recording of custodial interrogations, from the reading of Miranda rights onward, is the single best reform available to stem the tide of false confessions. The Times writes: Outfitting all those interrogation rooms…

Police Body Cameras Subject of Debate in Utah

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Two recent cases in Utah where deadly force was applied by police officers have raised questions about the use of police body cameras. In both cases, it has been determined by the Salt Lake County District Attorney’s Office that the use of deadly force was justified. This decision was made largely as a result of […] The post Police Body Cameras Subject of Debate in Utah appeared first on Salt Lake City Criminal Defense.

Defense Outreach In Holmes Case Was 'Manipulative,' Victim Says

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CBS4 in Denver has this story with the above title.A victim of the Aurora theater massacre said he believes defense lawyers and anti-death penalty groups have tried to use him like a pawn. Marcus Weaver voiced his previous opposition to the death penalty and spoke and wrote about forgiving suspect James Holmes. His stance drew the attention of groups opposed to capital punishment and eventually led  to a meeting with a victim's advocate who worked for Holmes' lawyers.That advocate, Tammy Krause, told Weaver she'd encountered difficulty reaching out to other victims.Weaver said he felt puzzled by that."You're a victim's advocate," he remembers telling Krause."I'm a DIVO," he says she told him.That's short for Defense-Initiative Victims Outreach, a program that defense attorneys say help victims recover.Weaver, 43, said when he was asked to disseminate a letter to other victims and victims' family to…

A Blank Paper By Construction

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Scott Greenfield writes today about a new United States Supreme Court decision – better characterized as a non-decision – in which the court had finally been handed a case they supposedly had been waiting for, for quite some time. It was an opportunity to clarify, to fix, an error of the system that they had perpetuated too long, and on too many occasions, in the past. As Scott put it: It’s one of those reprehensible things the Supreme Court does, allowing bad things to happen to people for years until the right case comes before them, where they then tweak the law to correct what they could have done years earlier, saving thousands, maybe hundreds of thousands, of people from prison for being caught in the middle of their half-a-decision approach. For its part, the court allegedly recognizes the problem, and eagerly awaits continues to stall until brought “the right case,” whatever that might mean, when they could…

Argument transcript on federal habeas appeal issue

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The transcript in Jennings v. Stevens is here.

ESPIONAGE AND TRAITORS

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What is the most (in)famous espionage case prosecuted in the United States?  Before there was Jonathan Pollard and Robert Hanssen and Aldrich Ames there were Julius and Ethel Rosenberg. To understand the Rosenberg case, you need to understand the times. At the end of World War Two the United States was the unquestioned super power as the only nation that had the atomic bomb. The Soviet Union probably had the most powerful army at the end of WWII, but the US had the bomb. That changed by 1950 when the FBI learned that the nuclear facilities at Los Alamos had been compromised. This is from the FBI.gov website:This contact was subsequently identified through FBI investigation as Harry Gold, a Philadelphia chemist. On May 22, 1950, Gold confessed his espionage activity to the FBI.Investigation of Harry Gold’s admissions led to the identification of David Greenglass, a U.S. Army enlisted man and Soviet agent, who had been assigned by the Army to Los Alamos, New…

Are payment plans available for my DUI attorney?

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Yes. Kotlowski Law Office PLLC offers flexible monthly payment plans for your DUI Attorney Fee. (minimum down payments vary from $1000.00-$1500.00) Typical monthly payments range from $300.00 to $600.00. See Online Case Evaluation or simply call and/or text 24 hours...

"A cop may be following you everywhere"

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Catherine Crump has this piece at CNN.com, critiquing the use of license-plate readers. In part: Federal funds are being spent to push this equipment out across the country, a process that often bypasses the role that traditional elected representatives once...

Lincoln County begins sex offender notification program

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This is the ultimate in stupidity. And, is is only for Sheriff's offices that chose to use it. I wonder, do they hire limos to bring folks who don't have transportation to view sex offenders on monitors/pics/etc. in public buildings? A Tennessee Rube Goldberg system..10-15-2014 Tennessee: FAYETTEVILLE, Tenn. (WHNT)– The Lincoln County Sheriff’s Office wants to make sure you get a good look
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