Waiting on one more survivor before we post the picks. We like the Pack at home -7 and below 53.5. The bloom is off the Bears. They stink. They need a QB.The Fins have been red hot. But a road game against the Lions coming off a bye week is a bit much. Take the Lions -2.5 at home. Rams at Cardinals. The Birds are due for a let down, so we don't like giving up the 6.5 at home. But we like the over 43. Roll with that. Site Feed
NFL WEEK TEN
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California passes criminal law reducing drug and theft sentences
At the same time that the federal government has dramatically cut sentences in drug and narcotic cases, the California voters have done the same for state drug cases. The voters of California approved by a very large margin Proposition 47. Effective immediately simple possession of all narcotics will be classified as a misdemeanor and not a felony. This provision will have the most effect on repeat drug offenders who were facing mandatory state prison time and long sentences because of prison priors. This law also will serve to reduce some theft and forgery cases where the amount of loss is low. The best news about this dramatic change in is that it is retroactive, meaning that inmates who are currently sentenced can petition the court to have their drug and theft sentences reduced. Even inmates who have served their time can petition the court to have their convictions changes from felonies to misdemeanors. It will take several months for the courts and attorneys to sort all…
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Noose tightening around NGOs in Egypt
The noose is tightening around Egypt’s non-governmental organizations (NGOs). These Egyptian NGOs — essentially what we call “nonprofits” in the US – focus on everything from human rights to other important issues. They may soon lose their independence under an old law that the new Egyptian government is bringing back to life. Come Nov. 10, important civil society organizations will be posed with a dilemma. That’s the deadline for NGOs to register under the notorious Law of Associations and attempt to work under repressive conditions that threatens their funding and governance. The other option for NGOs is continue to work outside of the law and face the risk of arrest and detention. Neither situation is acceptable for the future of Egypt and the fulfillment of the promise of the 2011 uprising. How can a free society truly exist if people don’t have the freedom to launch organizations independent of the government?…
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California aprueba ley de reduccion de sentencias y cargos en casos de drogas y robo
Al mismo tiempo que el gobierno federal ha reducido drásticamente las penas en casos de drogas y estupefacientes, los votantes de California han hecho lo mismo para casos de drogas del estado. Los votantes de California aprobaron por un margen muy grande Proposición 47. Con efecto inmediato la simple posesión de todos los narcóticos se clasifica como un delito menor y no un delito grave. Esta disposición tendrá el mayor efecto en los delincuentes de repetición de drogas que se enfrentaban a la pena de prisión obligatoria estado y largas penas de prisión a causa de priores. Esta ley también servirá para reducir algunos casos de robo y falsificación en el que el monto de la pérdida es baja. La mejor noticia de este cambio dramático en es que es retroactiva, lo que significa que los presos que están condenados actualmente puede solicitar al tribunal que tienen sus sentencias de…
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Random thoughts- November 1-9, 2014.
By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting relentlessly for the best possible results for his clients. On Sundays, I sometimes veer well beyond the law in my blog entries, including the following post that collects my random thoughts on the law, government, and beyond from my Twitter postings at @jonkatz5 and elsewhere. THE LAW WORLD Kirk Odom sues D.C. for years-long horrific ordeal while an innocent prison convict. A grand jury has indicted a Prince George's County, Md., principal for allegedly punching a student three times. He is of course presumed innocent. Va. Ct. App. reverses conviction for misusing 911 system. DHS & NSA admitted this year that parody merchandise…
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The Retroactivity of California's Proposition 47
One of the notable features of California's recent Proposition 47 (Prop 47) is its retroactivity. As I explained in this previous post, You can find the full text of Prop 47 here on pages 7-11. Prop 47 reduces a number of felonies to misdemeanors. It also establishes procedures for reducing the sentences of those serving time for felonies that would be misdemeanors under Prop 47. And those who have finished serving their sentences for felonies that would be misdemeanors under Prop 47 can petition to have their felony convictions reduced to misdemeanor status.While not all of Prop 47 is retroactive, it will have a significant impact on crimes committed before November 5, 2014. Moreover, the wording of Prop 47 suggests that its retroactive provisions may not be limited to its later resentencing sections. In this post, I discuss the extent of Prop 47's retroactivity. I begin with the portions of Prop 47 that are obviously retroactive, and then move on to sections that…
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What goes on at prosecutors' Mardi Gras parties?
It may be just as well Dallas DA Craig Watkins lost his re-election bid. His enemies received new ammunition to use against him last week in the form of an audit assessing how he operated his asset forfeiture fund. Watkins had the audit's release delayed until after election day, and one can see why. The Dallas News' Jennifer Emily reports that there are plenty of unanswered questions to pursue. Her Nov. 7 story opened:An annual audit of Dallas County District Attorney Craig Watkins’ forfeiture fund listed more than a dozen expenditures where it is “unclear” if the payments were used for law enforcement purposes as required by state statutes.The examination of the forfeiture fund, conducted by county auditor Virginia Porter, is slated for discussion Tuesday by county commissioners.Debbie Denmon, Watkins’ spokeswoman, referred questions about the audit Friday to prosecutor Lincoln Monroe, who frequently approves forfeiture fund payments.…
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A Prosecutor’s Obligation to Gag Sheriff Grady Judd with the Polk County Sheriff’s Office
Do the prosecutors in Polk County have an ethical obligation to gag Sheriff’s Grady Judd with the Polk County Sheriff’s Office? He is constantly putting up mugshots on the PCSO Facebook page of people presumed to be innocent and making “extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused…” These […]
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Florida Supreme Court dealing with Miller retroactivity issue after legislative fix
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Will it only be a few short years before marijuana is fully legal throughout all of west?
The question in the title of this post is prompted by this new local article headlined "Momentum to legalize marijuana in California is growing." here are excerpts: After Tuesday’s election, just one piece of the West Coast remained unwelcoming to recreational pot: California. But with voters in Oregon and Alaska...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/9h6KU9eZYas" height="1" width="1"/>
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Case o' The Week: Ninth Obstructs Obstruction Hit - Castro-Ponce and Obstruction of Justice
No obstruction, for stolen alfalfa.United States v. Castro-Ponce,2014 WL 5394061 (9thCir. Oct. 24, 2014), decision available here.Players:Decision by Judge Gould, joined by Judges Reinhardt and Berzon.Facts: Castro-Ponce testified in his trial, as he faced meth and money laundering charges. Id.at *1. “His testimony included elaborate explanations for his purportedly suspicious activities.” Id. He explained that conversations on wiretaps referred to paying his mortgage, stolen motorcycle parts, or stolen alfalfa. Id.He explained frequent trips and brief stops (suspected drug deals) as buying and selling auto parts, or car trouble. Id. Castro-Ponce was convicted, and at sentencing was hit with obstruction of justice. Id. The district court found that Castro-Ponce “’clearly lied on the stand with respect to activities that he testified about and the offer of innocent and not credible explanations for those activities.’”…
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Hey, Consumer Financial Protection Bureau (“CFPB”), how is that self policing policy working for you?
Jenna Greene, a reporter for the National Law Journal, recently reported on the CFPB’ s policy of self reporting. CFPB has taken the place of the Federal Trade Commission in overseeing the activities of debt collectors and others. The CFPB oversees not only debt collectors but consumer lenders. It has established a policy of requiring those under its supervision of “self policing.” This means that if a bank or collection agency violates the law, it is supposed to turn itself in. In exchange, the offending party would receive a lighter fine or penalty. Does this make sense? The CFPB enforces statutes like the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. So who is supposed to call the CFPB when a major bank screws up? Doesn’t happen you say? Actually, it does. Indeed, GE Capital Retail Bank (now known as Synchrony Bank) got into hot water with the CFPB for deceptive…
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People v. Davidson...cont
THE COURT: Well now, Mr. D, if monies were not paid to the banks and the banks did not tell the Probation Department that they had received certain monies from the defendants; I would take these into consideration, the payments into consideration in imposing my sentence. MR. D: Yes, sir. THE COURT: Because I had told criminal counsel here, prior to the time when it was their idea that some monies would be paid to the three banks that were involved here, that I was about to send the defendants to jail. I have since that time told both counsels here that if they paid to the bank what the bank will accept, what the banks will accept, that I will not send them to jail, but I will place them on probation. Without the payments to the bank I was about to send these two persons to jail. I will take that into consideration in imposing sentence, and so that counsel here will know what I expect to do on the day of sentence. If I receive the report by the Probation Department that the…
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"Aging Prisoners Shackle State Budgets"
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The People contend that by his plea of guilty defendant waived all nonjurisdictional defects...cont
The motion was referred to another Judge because the former judge, had disqualified himself from hearing these cases. He summarily denied the motion, apparently upon the ground that the issue presented had previously been decided adversely to defendant by Judge. Thereafter defendant pleaded guilty to the crime of attempted criminal possession of a forged instrument in the second degree in satisfaction of both indictments. The possession plea minutes indicate that defendant specifically reserved his right to challenge the denial of his motions to dismiss the instant indictments and the Judge stated that he was not asking defendant to waive that right. Criminal Defendant was subsequently sentenced as a second felony offender to a term of imprisonment of one and one-half to three years. On appeal defendant's sole contention is that the motions to dismiss were improperly denied. The People contend that by his plea of guilty defendant waived all nonjurisdictional defects. In…
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The Passage of Proposition 47 Mandates Several Common Felony Crimes To Be Deemed Misdemeanors
On November 4, 2014, California voters passed Proposition 47, the Safe Neighborhood and Schools Act. This new law will have an astounding impact on the criminal justice system statewide since it reduces a number of low-level theft and drug offenses to misdemeanors. The only possible exception is if the person has certain specified prior strike convictions. As an Orange County criminal lawyer, I have already seen the huge impact this is new law is having in the courtrooms since it was passed just a few days ago. Those who are benefitting from this new change in the law were charged with low level theft related crimes and drug possession offenses. Low Level Theft Related Crimes The new low level theft related misdemeanors that have now been amended or added to the Penal Code are the following: 459.5 Shoplifting (added) – where value of shoplifted property does not exceed $950, punishable as a misdemeanor unless the defendant has specified…
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 376 Brady's Blind Spot: Impeachment Evidence in Police Personnel Files and the Battle Splitting the Prosecution Team Jonathan Abel Stanford Law School - Constitutional Law...
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"Impact of California's Prop 47 already being felt ... by defense attorneys and police"
Doug Berman has this post at Sentencing Law & Policy, excerpting an article from a California newspaper.
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Minnesota judges say we must admit "we have a problem with race" in the criminal justice system
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Exclusionary rule does not apply when agents executing an otherwise-valid search warrant fail to provide to the homeowner a list of items sought
U.S. v. Franz, No. 13-2406, 2014 WL 5565457 (3dCir. Nov. 4, 2014)A police officer executing an otherwise valid search warrant failed to provide the list of items sought to the homeowner. Although it acknowledged that the warrant, as presented to the homeowner, was constitutionally deficient, the Court examined the totality of the circumstances. It considered the officer's conduct in obtaining and executing the warrant, and what the officer knew or should have known. The rookie officer consulted with federal prosecutors and explained to the homeowner what items the warrant sought, but mistakenly believed that an order sealing the warrant prohibited him from providing the list of items sought to the homeowner. Under these circumstances, application of the exclusionary rule would have little deterrent effect since the officer’s conduct was not deliberate, reckless, or grossly negligent. During trial, the court allowed the prosecutor to show…
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