Yes. Every DUI case (including those reduced to Reckless or Negligent Driving) will require you to complete a DUI Victims Panel. A Victims Panel is typically 1-2 hours and consists of listening to stories of those affected by impaired drivers....
Will I have to do a DUI Victims Panel?
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Arguing for releasing all drug prisoners and reparations to "right the drug war’s wrongs"
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How Does an 11.07 Writ of Habeas Help a Convicted Person?
I recently answered a similar question in the context of a murder conviction where an individual was sentenced to 25 years imprisonment. The question also raised issues about the defendant being a first-time offender, having inadequate representation, false witness testimony and a prosecution based upon circumstantial evidence. In answering this specific question, I realized that these issues actually apply to a wide range of individuals seeking what is referred to as “post-conviction relief” in the form of a Writ of Habeas Corpus under Texas Code of Criminal Procedure Article 11.07. Below is the analysis of the specific questions raised. 11.07 refers to a post-conviction remedy under the Texas Code of Criminal Procedure Section 11.07 known as a “writ of habeas corpus.” There is not deadline to file an 11.07 writ of habeas corpus, but our courts say that delay in requesting 11.07 relief can have the effect of watering down an issue. As a rule of thumb,…
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Order to Show Cause...cont
The Order to Show Cause which initiated this proceeding contained a stay restraining respondents from further prosecutorial actions in regard to the petitioners on the underlying criminal matter, That stay has remained in effect pending this Court's order. The Court of Appeals has often specified the considerations to be made with regard to the appropriateness of relief by Writ of Prohibition. "It is familiar law that an article 78 proceeding in the nature of prohibition will not lie to correct procedural or substantive errors of law" Rather, the extraordinary remedy "of prohibition may be obtained only when a clear legal right of a petitioner is threatened by a body or officer acting in a judicial or quasi-judicial capacity -without jurisdiction in a matter over which it has no power over the subject matter or where it exceeds its authorized powers in a proceeding of which it has jurisdiction'" The initial question here is whether the remedy of…
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Oklahoma Exoneree Celebrates Freedom
Nearly two months after Michelle Murphy was exonerated in Oklahoma of the murder of her infant son based on new DNA evidence, her church congregation welcomed her home with a celebration of her freedom Sunday.Tulsa World reported that as the choir sang "Amazing Grace," Murphy wept as she was surrounded by the All Souls Unitarian Church congregation. "It's grace that got me through this," Murphy said after the ceremony, nervously facing a crowd of television cameras. The emotional ceremony celebrated Murphy's new life after serving 20 years in prison for a crime she didn't commit. Now, 38, Murphy is just starting her adult life. In the past few weeks, she has obtained her driver's license and enrolled in computer classes. During a videotaped message to the church, Innocence Project co-Director Barry Scheck said Murphy "suffered immeasurably" during her trial and incarceration. "Thank you for your story, your presence,…
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In Which We Look at Plea Numbers
In 2013, while 8 percent of all federal criminal charges were dismissed (either because of a mistake in fact or law or because the defendant had decided to cooperate), more than 97 percent of the remainder were resolved through plea bargains, and fewer than 3 percent went to trial. The plea bargains largely determined the sentences imposed. While corresponding statistics for the fifty states combined are not available, it is a rare state where plea bargains do not similarly account for the resolution of at least 95 percent of the felony cases that are not dismissed; and again, the plea bargains usually determine the sentences, sometimes as a matter of law and otherwise as a matter of practice. Furthermore, in both the state and federal systems, the power to determine the terms of the plea bargain is, as a practical matter, lodged largely in the prosecutor, with the defense counsel having little say and the judge even less. Jed S. Rakoff, Why Innocent People Plead Guilty. What…
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Why I believe criminal justice reform is on the ballot this year ... and reflected in anti-Obama sentitments
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"Police: Father invites daughter's alleged rapist to dinner, tortures him to death"
From Fox News: A father in India is facing murder charges after he invited his daughter’s alleged rapist to dinner and then tortured and killed the man, authorities say. The 36-year-old father, who has not been identified, reportedly burned the...
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Perlin & McClain on Restorative Justice in Forensic Cases
Michael L. Perlin and Valerie Rae McClain (New York Law School and Neurology and Physical Therapy Centers of Tampa Bay) have posted Can Restorative Justice Be of Value in Forensic Cases? Perspectives of a Lawyer and a Psychologist on SSRN....
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Election 2014 Buzz: will second time be the charm for legalization in Oregon?
As some may recall (and some may not), in 2012 Oregon had marijuana legalization on its ballot along with Colorado and Washington. But, unlike in those other states, serious people seriously interested in marijuana reform were not serious backing the reform efforts in the Beaver state back in 2012. But...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/ldiM0aObIwQ" height="1" width="1"/>
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Tips for being a Top DUI Trial Lawyer
One of the most important qualities of a successful trial attorney is the ability to present the client's case in a manner that enables jurors to adopt the attorney's arguments as the truth. But doing so requires more than mere persuasion. According to a recent article by prominent trial attorney Paul Luvera, clever and persuasive arguments may in fact be counterintuitive if the attorney is not authentic - not authentic about the weaknesses in his case, and not authentic about his own weaknesses as well. Authenticity as the Key to Acceptance Attorney Luvera, who was inducted into the American Trial Attorneys Hall of Fame, refers to the research of Professor Brene Brown at the University of Houston on how relationships are formed, and the role of vulnerability, courage, worthiness and shame on people's ability to relate to others. Professor Brown states that one of the most important keys to a successful relationship is the ability of one individual to relate to…
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Purported Hard Money Lender Jailed for Ripping Off Investors
Mortgage Fraud Blog. Vincent Singh, 45, formerly of Elk Grove, California, was sentenced by United States District Judge Morrison C. England Jr. to 15.5 years in prison for wire fraud and false statements in bankruptcy for stealing funds intended for hard money lending. According to court documents, Singh carried out an investment fraud through an entity known as the Perfect Financial Group. He targeted 190 members of the ethnic Indian Fijian community for an investment fraud that grossed approximately $20 million. Singh told investors that he was using their money for hard money lending. In fact, Singh used $12 million for gambling, made $2 million in cash withdrawals, spent $880,000 on a film project, and spent more than $1 million on other business ventures. Singh also used millions of dollars of investor money to pay other victims and give Perfect Financial the false appearance of success. The scheme collapsed, and when Singh declared bankruptcy, he failed to disclose 19 of…
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Man Arrested for Jaywalking, Drug Paraphernalia, Previous Warrants
A minor infraction will lead to big trouble for a Salt Lake man stopped for jaywalking in Salt Lake. In addition to jaywalking, the man was arrested for being in possession of drug paraphernalia and previous warrants. One Crime at a Time There is an old adage known to most criminals. “One crime at a […] The post Man Arrested for Jaywalking, Drug Paraphernalia, Previous Warrants appeared first on Salt Lake Criminal Defense.
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Exceptions To Sex Offender Housing Law
Note: When a law is enacted and within it there are exceptions/provisions only applicable based on some date, then the law has an ex post facto element to it; for some -those before the date- are free from the provision/s of the law. Punishment before the date, not after the date; law can be crazy.11-3-2014 South Dakota: SIOUX FALLS, SD - Community safety zones can be found throughout Sioux
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Divorce Spyware: I Spy With My Little Eye
In many family law cases suspicion and lack of trust permeates divorce proceedings. It has become routine to have new divorce clients ask about the legal rules regarding spyware, computer passwords, telephone taps, and other forms of clandestine information-gathering tools. In the old days, divorcing parties hired private detectives to ferret out damaging information about their estranged spouses. When no-fault divorce was introduced in Canada, investigators found their work drying up as it didn’t matter whether a spouse had been unfaithful. However, with advances in technology and the proliferation of “Spy” stores, anybody can readily access hidden “nanny” cameras, telephone bugs and computer screeners, or privately install a GPS on an unwitting spouse’s vehicle. Gone are the simpler days when a wife simply located her husband’s desk keys or office pass to make an after-hours entry in order to surreptitiously remove or photocopy…
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Medical Marijuana Cards Do Not Exempt Illinois Drivers From DUIs
Illinois recently updated its DUI law in response to its new medical marijuana law, which became effective in January of 2014. Under the new law, an authorized medical marijuana user can legally use marijuana and operate a motor vehicle as long as he or she is not impaired while driving. However, a licensed user now gives up certain rights in exchange for this immunity. Normally, under Illinois law, a person being investigated for a DUI is not required to submit to field sobriety tests and there is no penalty for refusing to take or failing the tests. Under the new law, however, a licensed marijuana user must submit to these tests if the officer has reasonable suspicion the person is driving under the influence of marijuana. If the licensed user fails or refuses testing, he is subject to suspension or revocation of his driving privileges. This October, an Arizona appellate court came to a similar, if slightly less explicitly stated, conclusion, holding that…
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Yakren on Removing "Malice" from Malicious Prosecution
Sofia Yakren (CUNY School of Law) has posted Removing the Malice from Federal 'Malicious Prosecution': What Cognitive Science Can Teach Lawyers About Reform (Harvard Civil Rights - Civil Liberties Law Review (CR-CL), Vol. 50, Forthcoming) on SSRN. Here is the...
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MAILBAG: Drunken drivers a greater Halloween threat
11-3-2014 Wisconsin: "Sex offenders watched on Halloween" was the headline in the Baraboo News Republic on Oct. 28. It would be more appropriate to say keep drunk drivers off the road. From 4 to 7 p.m. is about the time these drinkers are already drunk and driving to the taverns for more. With all these kids running across the streets from house to house, the chances of getting run over far
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WHY INNOCENT PEOPLE PLEAD GUILTY
NOTE: We took this from DOM's blog. But this is just too damn important to pass up. Judge Jed S Rakoff wrote this brilliant piece in the NY Review Of Books. How prevalent is the phenomenon of innocent people pleading guilty? The few criminologists who have thus far investigated the phenomenon estimate that the overall rate for convicted felons as a whole is between 2 percent and 8 percent. The size of that range suggests the imperfection of the data; but let us suppose that it is even lower, say, no more than 1 percent. When you recall that, of the 2.2 million Americans in prison, over 2 million are there because of plea bargains, we are then talking about an estimated 20,000 persons, or more, who are in prison for crimes to which they pleaded guilty but did not in fact commit.Every Judge and Prosecutor should be required to read this. More from the article:One thing that did become quickly apparent, however, was that these guidelines, along with mandatory…
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Election 2014 Buzz: could older voters in Florida get medical marijuana initiative to 60%?
While advocates for legalizing and regulating marijuana like alcohol may be most focused on initiative votes in Alaska, DC and Oregon, the medical marijuana initiative vote taking place in Florida is distinctly interesting for lots of distinct reasons. This new CBS News piece, headlined "Seniors sway medical marijuana debate in...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/paArgDCAAZ4" height="1" width="1"/>
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