Tigran Eldred (New England Law | Boston) has posted Fact and Fiction: The Hanging Judge by Michael Ponsor (New England Law Review on Remand, Vol. 48, p. 61, 2014) on SSRN. Here is the abstract: This essay reviews the debut...
Eldred review of Ponsor's The Hanging Judge
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Update to Release Regarding Road Rage Incident 11/06/14
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT ONE CASE #C14002426 --------------------- PRESS RELEASE ----------------------------- DATE: 11/12/2014 TIME: 2:20 PM LOCATION: Original incident was WB Interstate 90 @ 5 VEHICLE #1 ------------- DRIVER Leppert, Jeremy A AGE 27 ADDRESS Spokane Valley, WA INJURIES? - NO HOSPITAL/LOCATION TAKEN n/a VEHICLE YEAR 2002 VEHICLE MAKE Dodge VEHICLE MODEL Stratus WRECKER n/a ------------- VEHICLE #2 ------------- DRIVER Nelson, Benjiman A AGE 34 ADDRESS Post…
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The Grievance Committee now moves to confirm the report of the Special Referee...cont
In view of the fact that the accused's Grand Jury testimony was tainted by the denial of his right to counsel, the indictment was properly dismissed. We reject his claim and the County Court's determination that by virtue of the denial of his right to counsel, the waiver of immunity was ineffective, and, therefore, the accused received transactional immunity from further prosecution. While the accused has a right to have counsel present, the presence of counsel is not required under the pertinent statutory provisions, and an accused should not receive transactional immunity in a case where the waiver of immunity is ineffective for some reason not envisioned by the statute. The criminal statute does not envision that a Grand Jury witness in his position should obtain transactional immunity due to the denial of his right to counsel. Such an accused who voluntarily appears to testify before the Grand Jury and who signs a written waiver of immunity, which is sworn to…
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Sex Assault Lawsuit Against Maine Businessman
A 28-year-old Maine woman has sued a Maine businessman for allegedly sexually molesting her when she was 7 years old. No criminal charges were ever filed in the case. These types of lawsuits are viable if the Defendant has money, like in this case. Unfortunately, the police aren’t always interested in seeking justice in these types of situations, and a victim’s only choice is to seek a civil lawsuit. Our firm has successfully handled this type of lawsuit, and this can be an effective route to achieving justice for sexual assault victims. The post Sex Assault Lawsuit Against Maine Businessman appeared first on Colorado Springs Attorneys.
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Illinois Sex Crimes can Result in Serious Consequences
Crimes that involve prohibited or violent sexual conduct are treated especially seriously, both in the court of public opinion as well as in the legal system. Often, people view the accused as “guilty until proven innocent,” unfair as that may be. Consequently, even mere allegations or rumors regarding sex crimes have the potential to significantly affect a person’s life. Additionally, the consequences of a conviction can be extremely serious, can affect many of your fundamental liberties, and may result in life-long registration requirements. As a result, it is extremely important that anyone accused of a sex crime1 in Illinois contact a Chicago criminal defense lawyer as soon as possible. Often, the early assistance of an attorney can significantly improve the outcome of a case, and in some cases may prevent a formal indictment from ever occurring. Sex Crimes Consequences The penalties associated with a particular offense can vary on a number of…
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Gehi & Munship on the Impact of VAWA and Hate Crimes Legislation on Asian-American Communities
Pooja S. Gehi and Soniya Munshi have posted Connecting State Violence and Anti-Violence: An Examination of the Impact of VAWA and Hate Crimes Legislation on Asian American Communities (Asian American Law Journal, Vol. 21, 2014) on SSRN. Here is the...
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News Scan
Murderer Sentenced to Death: A Nevada man convicted of a 2009 double-murder has been sentenced to death. David Ferrara of the Las Vegas Review-Journal reports that 29-year-old Ralph Jeremias was found guilty on two counts of first-degree murder and robbery after authorities say he shot two men execution-style. Prosecutors argued that Jeremias killed the two men during a botched robbery attempt. Accused Killer Recently Placed on Probation: A Michigan man is facing murder charges just days after a judge sentenced him to probation for assault with a deadly weapon. Christopher Behnan of the Lansing State Journal reports that 32-year-old Rahsohn Perry is facing murder and gun charges after authorities say he shot and killed his brother during a heated confrontation late Friday evening. Perry was sentenced to two years of probation last week after pleading guilty to an assault with a deadly weapon charge from an incident earlier this year.
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Kansas, U.S. Sixth Circuit Delay Same-Sex Marriage Progress
A little over a month ago, in a move that seemed to be opening the floodgates for legal same-sex marriages nationwide, the United States Supreme Court declined to hear an appeal from the State of Utah and four other states regarding their bans on same-sex marriage after those bans were ruled unconstitutional by the U.S. […] The post Kansas, U.S. Sixth Circuit Delay Same-Sex Marriage Progress appeared first on Salt Lake Criminal Defense.
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Ethan Nadelmann examines the failure of the war on drugs
Here's a provocative TED Talk, published today, by Ethan Nadelmann, former professor at Princeton University and founding executive director of the Drug Policy Alliance, "the largest and most influential organization promoting drug policies grounded in science, compassion, health and human rights." Mr. Nadelmann contends that the drug laws have more to do with the sublimation and control of disenfranchised groups of our society than the control of drug use and sale, contending, among other things, that if middle-aged white men were the primary consumers of smoekable cocaine and teenage black men were the primary consumers of Viagra, you would be able to get smokeable cocaine from your pharmacist with a prescription from your doctor and Viagra would get you a 5-10 year prison sentence. The groundwork of this presentation was laid here, at a debate between Mr. Nadelmann and Peter Bensinger, President & CEO, Bensinger, DuPont & Associates, at…
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Are Judges Sending Too Many to Jail and Prison? Reforming a System of Mass Incarceration.
The American Justice Summit streamed live on November 10, 2014 for more than five hours. The program addressed the need for reform within the criminal justice system though a series of small discussion panels. Budget concerns in an unsustainable systems have led to a growing consensus that America's criminal justice system is incarcerating too many people for too long. Right now, more than 2.4 million people are behind bars. The United States incarcerates more people than any other country in the world. Another 7 million people are on probation or parole. More than 65 million have criminal records which make it difficult to find a job or rent an apartment.The American Justice Summit 2014 brought together an unlikely group including both the most liberal Democrats, the most conservative Republicans and many in between.Click here to read the agenda for the American Justice Summit or watch the video below.
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Magna Carta
(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.This great-grandfather of the Due Process Clause was signed by King John -- at swordpoint -- almost 800 years ago, along with many other promises. Copies of the great charter were made and sent to the various counties of England, and one of those copies, from the Lincoln Cathedral, is presently on exhibit at the Library of Congress.(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land. - See more at: …
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2 rules everyone should know about Miranda rights
By Jessica Towne Miranda rights have these limitations: You must be in custody. You must be interrogated.
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Federal judge wonders if marijuana sentencing should be impacted by state reforms
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“Can I get my felony reduced to a misdemeanor because of Prop 47?”
Can your conviction get dropped to a misdemeanor? Does Prop 47 affect your case? In the past week since Proposition passed, I’ve gotten several calls and emails asking about getting felony charges changed to misdemeanors. Unfortunately, there are either a lot of false rumors or maybe just false hope going around. Proposition 47 did not affect all felonies. Only a handful of low-level theft and fraud charges as well as three drug charges were affected by Prop 47. If your current case or old conviction is not one of those listed, Prop 47 didn’t do anything to any other charges. Here’s what charges were affected: Burglary Second degree burglary based on shoplifting. There is a new Penal Code created by Prop 47. Now, the crime of shoplifting is listed in Penal Code 459a. That makes it a misdemeanor to enter a commercial establishment with the intent to commit a theft while the business was open during…
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Possession of Drug Paraphernalia in New Jersey
What is drug paraphernalia? In New Jersey, being charged with Possession of Drug Paraphernalia under 2C:36-2, mean you have in your possession with intent to use, a wide variety of items, as described generally and in detail by 2C:36-1, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog, or toxic chemical. That covers quite a bit of ground, and would seemingly include a lot of items that have a perfectly lawful purpose… like plastic baggies. So, how does a prosecution determine that items are drug paraphernalia, and not a lawful item? Lets be blunt, (no pun intended) what are we talking about here? We’re talking about bongs, pipes, grinders, ziplock baggies, water pipes, vials, scales, hypodermic needles, straws, spoons, bowls,…
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Hey Austin- Did you know it's already illegal to text while driving?
NO TEXTING WHILE DRIVING IN AUSTIN, TX!! This post is coming to you as a public service message if you should be coming into beautiful Austin for our Austin City Limits Music Festival, the Formula One races, South by Southwest, or perhaps a quaint Texas Longhorns football game. Despite what you may see around you, it is illegal to text while driving in Austin. Like already, for a while. I only mention it because although I recall some distant echo of the texting ordinance being passed, I never took note of when it began or what the penalties would be. Let me give you an analogy that may help. There was a time in Texas when kids didn't have to be in car seats, and you actually didn't have to wear your seatbelt. It just hung there like a leftover party streamer, flowing in the natural A/C. For a lot of good reasons, they changed that law, and today you have to wear a seatbelt every time you drive a car, or risk getting pulled over and handed a ticket. I could…
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Obama Reviewing Syrian Stance as Stalemate Seems Likely
President Obama wants Congress to fund his request for additional training and weapons in Iraq. What will he have to give up to get it, from those in Congress and at the Pentagon who think his plan isn't hawkish enough? Without Congressional... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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The Computer Sciences Corporation Qui Tam – A Warning for North Carolina Medicaid Providers
Those of us who have followed the tumultuous roll out of NCTracks, North Carolina’s Medicaid Management Information System (“MMIS”), are familiar with the headaches it has caused Medicaid providers and the resulting class action lawsuit against the North Carolina Department of Health and Human Services (“NCDHHS”). Today I’m writing to highlight a potentially more serious problem, one that poses a far greater risk to providers than the delayed and/or erroneous payments that followed the inception of NCTracks. Specifically, two recent headlines should serve as warning signs for North Carolina Medicaid providers. First, there’s: “New York City Agency and Vendor Bilked Medicaid, U.S. Says.” On October 27 the United States Attorney’s Office for the Southern District of New York announced that it had filed a Complaint in Intervention in a $100 million qui tam (whistleblower) lawsuit accusing Computer…
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Split South Carolina Supreme Court declares Miller retroactive AND applicable to state's nonmandatory LWOP sentencing scheme
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In Orange County, CA How Does a Case Get Filed?
Ever wonder just how a case gets filed? Let's say you and a neighbor get into a shouting match and the police are called. You are interviewed by the police, as is the other guy. You are not cited for anything, nor is the other person. 3 months later you receive a letter in the mail informing you that you have a date to appear in court to answer charges of assault and battery stemming from the incident. How did that happen? Once the police are called to the scene, whether anyone is arrested or not, a police report is taken. At this point the police officer can make a judgment call as to whether to forward the police report on to the District Attorney's office. If the officer decides that a crime has NOT taken place he will simply file the report and nothing more will come of it. If the officer determines that, in his opinion, a crime has occurred, her report will be sent to the District Attorney's office. That report will land on the desk of the filing…
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