Derik T. Fettig (Hamline University School of Law) has posted Who Knew What When? A Critical Analysis of the Expanding Collective Knowledge Doctrine (University of Missouri-Kansas City Law Review, Vol. 82, No. 3, 2014) on SSRN. Here is the abstract:...
Fettig on the Collective Knowledge Doctrine
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Will Eric Holder still be Attorney General well into 2015?
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U.S. Ditches Free Syrian Army Rebels: Iraq Comes First
Ret. Gen. John Allen, who is in charge of the U.S. response to ISIS, confirmed today that the U.S. will not be training and equipping the Free Syrian Army rebels. He said the U.S. will start from scratch, vetting and then training Syrian opposition... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Massachusetts Police Worry about Driving Under the Influence of Marijuana
Across the United States, state and local governments seem to moving toward the decriminalization or legalization of marijuana. One concern of the police and others against legalization is that there would be a corresponding increase in the number of people driving under the influence of marijuana. According to a recent article in the Worchester Telegram, the Massachusetts Chiefs of Police Association and its membership share these concerns. One major issue is that, unlike drunk driving, driving under the influence of marijuana is much more difficult to prove. Field sobriety tests are designed to detect drunk driving. The National Highway Traffic Safety Administration (NHTSA) developed the three standardized tests now approved for use in DWI and DUI detection, but these tests are not effective for drivers suspected of being on drugs.
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Police Notes in Denver Drug Cases and How you can Get Them
In Denver Drug Cases, one of the strongest pieces of evidence will be notes that police officers made about statements and actions that a defendant made. These notes are seldomly included in discovery in Denver Drug Cases and will need to be directly requested by your Criminal Defense Attorney. Under normal circumstances, these notes are discoverable as long as they are in the possession of the police department. One noteable exception to this is that, “Although statements within the possession of the police have been deemed to be “within the possession or control of the district attorney,” such statements are within the prosecuting attorney’s possession or control only if the police who possess the statements are the police in the county or district of trial.” People v. Garcia. Also, prosecutors will typically make arguments along the lines that they did not know that a note was in existence. When this type of argument is made, the defense…
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Truth, or No Consequences
Yesterday, I wrote to point out that the death of the Constitution comes more from the lack of integrity of the judiciary, than from the batons, pepper spray, or bullets of cops. Today, Gideon, a public defender, tells a tale of judicial misconduct that provides yet another example of this lack of integrity. Yes. I’m going to call what Gideon writes of by what it really is, by categorizing my post under “Judicial Misconduct.” People who are not lawyers frequently believe that lawyers are shysters, cheats, frauds who will tell any lie necessary to win. This belief is held true of none more than criminal defense lawyers. Non-lawyers – hell, even some lawyers – think that criminal defense attorneys play games with the law. The basis for this belief is that we sometimes try to keep juries from finding out things which, although highly prejudicial to our client, are not actually relevant to the question of whether, or not, he committed a…
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5 Interesting and Informative Criminal Law Infographics
They say a picture is worth a thousand words, so instead of writing a bunch of sentences, today we’re going to let some infographics do the talking. Check out these five cool and informative inforgraphics below! 1. DUI and Field Sobriety Tests The above infographic explains what will happen to you if you get pulled over and are suspected of driving drunk. It also lets you know what the officer is looking for during the test so you can avoid a costly mistake. 2. The Tragedy of Wrongful Convictions This infographic provides a harsh look at the times that the criminal justice system got it wrong. 3. Defense Attorneys Vs. Prosecutors You probably know the basic differences between a defense attorney and a prosecuting attorney, but there’s a lot more to it than trying to prove guilt and innocence. This infographic breaks it all down. 4. From Playground to Prison – A Closer Look At Juvenile Justice in America As the title foreshadows, this infographic examines…
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Murder Conviction Overturned After Three Decades Based on DNA Evidence
Nearly thirty years after a New York man was convicted of a 1985 homicide, he was freed from prison Wednesday when Brooklyn District Attorney Kenneth Thompson vacated the conviction based on DNA evidence. David McCallum was 16 when he and codefendant Willie Stuckey, who died in prison of a heart attack in 2001, was convicted for the kidnapping and murder of Nathan Blenner and sentenced to 25 years to life. Prosecutors have concluded that alleged confessions made by the two were false. The Daily News reported that Thompson said there "is not a single piece of evidence" that connected the two suspects to the crime. While making the announcement, Brooklyn District Attorney Kenneth Thompson slammed his predecessor for leaving behind a mess of injustice. "I inherited a legacy of disgrace with respect to wrongful convictions," the DA said. McCallum's lawyer, Oscar Michelen, first brought McCallum's case to The Brooklyn District Attorney's…
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Goin’ to the Courthouse and We’re Gonna Get Married
The impediments to same-sex marriage in North Carolina have fallen like dominos over the past ten days. On Monday, October 6, the United States Supreme Court denied certiorari review in Rainey v. Bostic, No. 14-153, 2014 WL 3924685 (U.S. October 6, 2014), thus declining to reconsider the Fourth Circuit Court of Appeals’ conclusion in Bostic […]
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WHAT’S WRONG WITH THE NEW CALIFORNIA ANTI-CAMPUS SEX CRIMES AND ACCOMPANYING APP?
It really is quite a comfort, isn’t it? As the article says, “Want to be sure you’re not raping someone? There’s an app for that.” As discussed in my last blog, the app to which I refer is the upbeat-named “Good2Go”. Although I do not seem to be able to download it onto my IPhone, it is said to be a free “consent” mobile phone app that “targets college-age adults”. Maybe that’s why it won’t download for me. But I digress. Good2Go president Lee Ann Allman told Slate magazine she was inspired to create the app after talking with her college-aged kids about sexual assault on campuses in America, and says on her LinkedIn page she hopes it will “help alleviate the culture of confusion, fear, and abuse on campus”. The app emerges from the darkness as California adopts the new “yes means yes” sexual assault bill we also discussed on my last blog. The app emerges from…
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Nevada Rules on Marijuana and Driving
Performance-Based Testing being Considered for Driving under the Influence of Marijuana Charges Section 484C.110 of the Nevada Revised Statute currently sets the standard for violations of driving under the influence of marijuana. This law deems a person to be “per se intoxicated” if certain levels of marijuana are detected in the blood or urine. The Nevada Legislature is currently considering a change in the law that would allow for performance-based testing to take place instead, a move that many believe will more accurately portray impairment.The Subcommittee on the Medical use of Marijuana, which is part of the Advisory Commission of the Administration of Justice has voted 9-3 in favor of drafting such a law, which would be based on a similar statute in California. The effects-based approach has already been adopted by a total of 33 states. The reason for the proposed change is the fact that THC, a primary chemical component of marijuana, does not operate…
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Rich Gaspari, Myofusion, Marc Lobliner, and Amino Spiking Lawsuits
Marc Lobliner is a supplement company ownder and he is the Chief Marketing Officer of Tiger Fitness Nutrition. Lobliner was one of the first supplement company owners to call out the practice of amino spiking protein powders. Amino spiking is the practice of adding cheap amino acids into protein powder and then falsely claiming on the label that the protein powder contains more grams of protein than it actually contains. For calling out amino spiking, Lobliner earned a tremendous amount of goodwill. Forgetting Warren Buffet's warning, "It takes 20 years to build a reputation and 5 minutes to destroy it," Lobliner has now partnered with Rich Gaspari, a supplement company owner notorious for the practice of amino spiking his signature protein, Myofusion Elite Protein. What is amino spiking and what does that have to do with Marc Lobliner and his good friend Rich Gaspari? Several lawsuit have been filed against various protein powder manufacuters for adding…
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"Florida Supreme Court holds real-time cell-site data protected under Fourth Amendment"
Orin Kerr has this post at The Volokh Conspiracy, excerpting and discussing the opinion. In part: The Florida Supreme Court tried to minimize the split [from federal precedent] by limiting its opinion to real-time access rather than historical access. But...
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Vehicle and Traffic Law § 1192 (8)...cont
It should be noted that the issue in the case at bar is the interpretation of Vehicle and Traffic Law § 1192 (8), as amended in 2006. The statute reads as follows: "A prior out-of-state conviction for DWI operating a motor vehicle while under the influence of alcohol or drugs shall be deemed to be a prior conviction of a violation of this section for purposes of determining penalties imposed under this section xxx provided, however, that such conduct, had it occurred in this state, would have constituted a misdemeanor or felony violation of any of the provisions of this section" The subdivision further provides that, if the out-of-state conduct would have been a violation of § 1192 had it occurred in-state, but would not have constituted a criminal misdemeanor or a felony, the conduct will be deemed a prior conviction of driving while ability impaired for purposes of determining the appropriate penalties under Vehicle and Traffic Law § 1192 [8]. The…
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Vehicle versus pedestrian
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 10/16/2014 3:30 p.m. Please direct questions to the District Office On Thursday, October 16, at approximately 7:32 a.m., the Idaho State Police investigated a vehicle versus pedestrian crash on US95 at 6th Ave North, in Payette, located just across from Payette High School. Norman R. Davis, 61, of Kuna, was travelling northbound on US95 in a 1987 Nissan pickup truck. A male juvenile pedestrian was on the east side of US95 when he pressed the button at the crosswalk and started crossing. Witnesses saw the flashing lights from the crosswalk and saw the juvenile crossing in the crosswalk. The juvenile was struck by the pickup truck. The juvenile was transported by air…
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"Is Hillary Clinton ready for marijuana's 2016 push?"
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News Scan
Ex Con Charged With Murder: A repeat felon has been arrested and charged with killing a Northern California man and then shooting the man's mother earlier this year. KTVU News reports that 34-year-old Demond Spikes shot the man in the abdomen and the head before turning the gun on his mother and shooting her through a sliding glass door. If convicted, Spikes faces a possible life sentence since he already has two prior felony convictions and this would become his third strike.Prosecutors to Seek Death Penalty for Accused Killer: Prosecutors in Kansas have announced their plans to seek the death penalty for a man accused of murdering his adoptive parents. Tim Potter of the Wichita Eagle reports that 19-year-old Anthony Bluml began resenting his parents after he was kicked out of the home for smoking marijuana. Police believe he killed his parents in order to gain access to the couple's life insurance. Bluml is just one of four defendants…
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Article – Riley’s Implications for Fourth Amendment Protection in the Cloud
The United States Supreme Court held in Riley v. California that the police generally may not, without a warrant, search …Continue reading →
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"Is Hillary Clinton ready for marijuana's 2016 push?"
The title of this post is the headline of this notable and lengthy new CNN article. Here are excerpts: When Hillary Clinton graduated from Wellesley College in 1969 -- where the future first lady and Secretary of State says she did not try marijuana -- only 12% of Americans wanted...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/LeFsG4x_1mg" height="1" width="1"/>
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Thursday News and Open Thread
The House held a hearing on Ebola today. Several advocated for a travel ban. Here is the National Institute of Health's Ebola page. The Center for Disease Control's page is here. James Cole, #2 at the Justice Department, is resigning. I... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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