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Harris DA delayed notice to hundreds of drug defendants 'convicted in error,' some of them for many years

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Apparently the plea mills that constitute the Harris County criminal court system have become so efficient they can secure convictions even without evidence; the accusation in and of itself appears to be sufficient to coerce a plea, and the local defense bar does such a crappy job that nobody ever calls them on it.Reported the Houston Press, "In recent months the Harris County District Attorney's Office has sent out hundreds of notices to defendants convicted of drug offenses, telling them that forensic lab reports show they were 'convicted in error.'" The scope of the problem turns out to have been much greater than previously reported.The letters, which were sent between July and September 2014, show hundreds of defendants who took plea deals for misdemeanor and felony drug possession charges were later cleared when evidence tested by an HPD crime lab analyst came up negative for a controlled substance. Court records show that while prosecutors…

Sister Helen Starts Petition for Max Soffar

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"Let Max Soffar, an innocent man, die at home," is the Change.org petition started by Sister Helen Prejean with ACLU Action. Here's the beginning of this must-read: After serving 34 years on death row for a crime that he did...

Thursday Open Thread

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Sorry everyone, I've been swamped at work and didn't know the last open thread was full. Here's a new one, all topics welcome. I'll be back soon. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Halloween 2014: Buzzed Driving is Drunk Driving

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The National Highway Traffic Safety Administration is urging all party-goers to recognize that Buzzed Driving is Drunk Driving this Halloween. As with all other holiday weekends, Halloween can bring about an increase in parties and celebrations in Florida and across the United States. Sadly, this also means that there will be an increase in drunk driving related injuries and deaths. Because of this, law enforcement officials are expected to be out in full force on Halloween night all across the state of Florida. If you plan on drinking this Halloween, make sure to designate a sober driver before hitting the town. Consuming even just “a few” drinks could still place you over the legal limit. You do not want to place innocent trick-or-treaters and other roadway users in danger. Avoid drinking and driving entirely. Police will be ready to pounce if they believe they spot a drunk or buzzed driver, so save yourself the terrifying ride to jail and the horrifying costumed…

Mexico betrayed

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Printouts of missing College students, missing in Iguala. (Reuters) It has been a month since the disappearance of 43 ‘normalistas’, students that train to become teachers from Raúl Isidro Burgos Rural Teacher Training College  in the town of Ayotzinapa, Guerrero state, some 300km south of Mexico City. It happened in the city of Iguala, a town I visited in 2000 as part of an official Amnesty International delegation to meet with two Prisoners of Conscience held in Iguala’s prison: Rodolfo Montiel and Teodoro Cabrera. Their story is told elsewhere. I would never have imaged how terribly bad the human rights situation in Mexico would become 14 years later. In the late night hours of September 26th, and the early hours of the 27th, the Iguala municipal  police discharged their state issued firearms against a bus full of “normalistas” from Ayotzinapa and other people nearby, 3 students and three bystander were killed and 25 more were…

Don’t Risk a DUI this Halloween

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Believe it or not, there are scarier things on Halloween than ghosts, werewolves and twisted clowns. Seeing police lights in your rear view mirror and knowing there is a possibility that you could be arrested and hauled off to jail to face criminal DUI charges is horrifying. Perhaps even for frightening, is the reality that your mug shot could be chosen to be featured as entertainment by your local news outlet. According to the National Highway Safety Administration, in 2011, a whopping 44 percent of crashes Halloween night involved a driver whose blood-alcohol level was 0.08 percent or higher. Between 2007 and 2011, 175 people were killed in DUI crashes across the United States on Halloween night. It is important to be smart and safe this Halloween weekend. Police often sit outside bars and various events where they know alcohol is being served just waiting to make an arrest as soon as they see someone get inside a vehicle and drive off. While sometimes effective, in certain…

News Scan

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Convicted Murderer Denied Appeal: A Florida man convicted of murder at the age of 17 and sentenced to life in prison has had his most recent appeal denied by the state's Court of Appeals.  Jacob Carpenter of the Naples Daily News reports that 33-year-old Mazer Jean was convicted of second-degree murder and sentenced to life without parole (LWOP) for the brutal killing of a juvenile justice counselor working at an outdoor camp.  Jean claimed his sentence should be reduced because of the 2012 U.S. Supreme Court decision in Miller v. Alabama, which held automatic life sentences for juveniles unconstitutional.  The state appellate court ruled that Miller didn't apply because Jean was convicted of second-degree murder,  which does to carry mandatory LWOP. Ohio Supreme Court Upholds Death Sentence: The Ohio Supreme Court has upheld the conviction and death sentence of a man who murdered a police officer in 2008.  Ed Meyer of the Akron Beacon Journal…

"A 30-year-old loophole increasingly gives police officers a pass when they violate the Fourth Amendment"

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From Slate: [T]he good-faith exception to the exclusionary rule stunts the development of Fourth Amendment law. It discourages defendants from challenging illegal searches by denying them the possibility of redress. And courts frequently apply it without also addressing whether police...

One-Vehicle Injury Crash on I-86

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 10/30/14 03:12 P.M. Please direct questions to the District Office On Thursday, October 30, 2014, at approximately 1:13 P.M., Idaho State Police investigated a one-vehicle injury crash on I-86 near milepost 57, in Power County. Barbara Jewell, 80, of Boise, ID, was travelling west on I86 in a 2003 GMC Envoy. Jewell drove off the left shoulder, overcorrected, crossed both lanes of travel, and went off the right shoulder. After leaving the right shoulder Jewell struck a road sign and rolled the vehicle where it came to rest on its side. Jewell was wearing a seat belt. Jewell was not transported to the hospital. Jewell was cited for failure to maintain lane. DSP Initials JW / KS…

Plaquemines placing sex offender signs on lawns for Halloween

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This story needs to be told. This is insanity supported by the Police who folks are supposed to believe will never lie to the public. The police are fully aware of the truth re: Sex offender research and Halloween; here we see them telling the public untruths so how can the public feel safe under those hired to protect and serve; police? ACLU where are you?10-30-2014 Louisiana: NEW ORLEANS --

New York Times editorial makes the case for California's Prop 47

Barton Morris is only Michigan Attorney Desingated by the American Chemical Society as “Lawyer-Scientist”

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A criminal defense attorney defending a case that uses scientific forensic evidence must have the training and experience to properly and expertly challenge or use such evidence. On October 17, 2014 Barton Morris was bestowed the honor of being designated by the American Chemical Society as a “Lawyer-Scientist”. The American Chemical Society is the largest professional association of scientific endeavors and one of the world’s leading sources of authoritative scientific information. They are also responsible for providing the best quality professional continuing scientific education. The ACS Chemistry and Law Division sponsors scientific educational courses specifically for criminal defense lawyers. There are three courses entitled Hands-On Forensic Chromatography each taught at Axion Analytical Laboratories in Chicago, Illinois which is the only lab that is authorized by the ACS to teach chromatography in the world. The courses teach the following subjects as…

Standardized Field Sobriety Tests

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If you are stopped by police for suspicion of DUI, the officer will likely ask you to perform a field sobriety test to help determine your level of impairment. Failing a field sobriety test can give the officer grounds to arrest you for drunk driving, and this evidence is often a crucial part of DUI cases in Washington. There are three main types of standardized field sobriety tests: One Leg Stand, Horizontal Gaze Nystagmus, and Walk and Turn. The One Leg Stand test is as straightforward as it sounds. You will be asked to stand on one leg for about thirty seconds while counting aloud by thousands. During the test, the officer will observe your balance. If you sway while trying to balance, put your foot down, or fall over, you will fail the test. In the Horizontal Gaze Nystagmus (HGN) test, the officer will have you follow his finger or a small object like a pen with your eyes while keeping your head still. The officer will observe you during the test to see if your eyes jerk…

The trial was adjourned until October 24, 2011 ...cont

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The legislative findings continue: “Once the letter of the law is complied with, including the essential showing that there is a pattern of conduct which is criminal under existing statutes, the question whether to prosecute under those statutes or for the pattern itself is essentially one of fairness. The answer will depend on the particular situation and is best addressed by those institutions of government which have traditionally exercised that function: the grand jury, the public prosecutor, and an independent judiciary”. In the furtherance of the tenor of the legislative findings and on the occasion of the enactment of the OCCA, CPL § 200.65 was passed into law as an implementing provision. The section reads, in pertinent part: “When filing an indictment which charges enterprise corruption in violation of article four hundred sixty of the penal law ..., the District Attorney must submit a statement to the court attesting that he or she has reviewed…

People v. Savarese

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The records reveal that the accused moves before the Court, pursuant to Criminal Procedure Law, section 440.20, in order to vacate the sentences imposed upon him pursuant to an Indictment. It appears that after having been found Guilty by a jury of the Crimes of Burglary in the Third Degree and Grand Larceny in the First Degree, he was sentenced to an indeterminate term of imprisonment for a maximum of ten years and a minimum of five years under each count, said sentences to be served consecutively. The accused asserts that these sentences are violative of former Penal Law Section 1938 which precludes double punishment for a single act, although 'made criminal and punishable in different ways, by different provisions of law.' In support of the foregoing contention, the accused alludes to People v. Savarese, which involved a kidnapping and a robbery. A Judge held that if all the acts performed were Necessary or Incidental to the commission of a single crime and were…

Upcoming Road Safe Class at the Idaho State Police

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The Idaho State Police will be holding a Road Safe Class for the 2014/2015 winter season on Saturday, December 6, 2014 from 9:00 a.m. to 12:00 p.m. The class will be held at the Idaho State Police District 1 Office located at 615 West Wilbur Avenue in Coeur d?Alene (Meeting Room A & B). This is the twelfth year this award-winning program has been offered to the public. This is presented in a classroom setting designed to educate drivers of all ages (teens, adults and seniors), on the typical problems associated with winter road conditions in Idaho. The class consists of a PowerPoint presentation and video giving safe driving tips, as well as suggestions to prepare for the winter driving season. Other topics discussed will be how to deal with aggressive drivers, DUI?s, and other driving problems and situations encountered on the roadways. The class will last for approximately 3 hours. There is no cost for the class. PLEASE CALL (208) 209-8620 Monday - Friday 8 a.m. - 5…

Birckhead on Solitary Confinement of Youth

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Tamar R. Birckhead (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted Children in Isolation: The Solitary Confinement of Youth (Wake Forest Law Review, Vol. 50, No. 1, 2015, Forthcoming) on SSRN. Here is the...

How To Cheat On The Finger To Nose Test

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The finger to nose test is making a comeback.  In 1977, a study was conducted by the National Highway Traffic Safety Administration wanted to see if the tests being conducted by police officers were actually indicative of impairment. Marcelline Burns and Herbert Moskowitz conducted laboratory evaluations of several of the tests that were most frequently-used by law enforcement officers at the time (Burns and Moskowitz, 1977). In addition to a variety of customary roadside tests (e.g., finger-to-nose, maze tracing, backward [Read the full post. . .]

Hello? New Procedures for Formal Review Hearings by Telephone

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We just received the following memorandum from the Bureau of Administrative Reviews (BAR) of the Florida Department of Highway Safety and Motor Vehicle (DHSMV). The BAR is quickly rolling out mandatory telephone conferences across the state. The attorney for the petitioner will no longer have the option of attending the hearing in person, at least […]

The Subpoena Duces Tecum at the Formal Review Hearing

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The Bureau of Administrative Reviews (BAR) of the Florida DHSMV has been busy writing memorandums explaining their interpretation of the administrative rules and how the rules apply to the new telephonic hearings. So read the new rules carefully. It is not particularly difficult to comply with the rules. Write a letter to the prosecutor assigned […]
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