While we reject defendant's other challenges to his conviction, we find that the evidence is not legally sufficient to establish that he acted with the requisite intent to render his offenses crimes of terrorism. Specifically, even assuming in the People's favor that the Mexican-American residents of the St. James Park area may constitute "a civilian population" under Penal Law § 490.25(1), the evidence was insufficient to support a finding that defendant committed his crimes with the intent to intimidate or coerce that "civilian population" generally, as opposed to the much more limited category of members of rival gangs. We therefore reduce the convictions for crimes of criminal terrorism to the corresponding specified crimes as lesser included offenses, and remit for resentencing on those counts. In arguing for upholding the convictions for committing the specified offenses as crimes of terrorism, the People rely heavily on evidence that…
SJB sometimes preyed on area residents ...cont
↧
↧
News Scan
Paroled Murderer Accused of Killing Again: A Missouri man released after serving 17 years of a life term for murdering his wife and another man has been charged with killing his ex-girlfriend last week. The Associated Press reports that 63-year-old Harry Little Sr. was sentenced to life in prison in 1978 on two counts of second-degree murder. Court documents reveal he was released on parole in 1995. Little is facing charges of first-degree murder and is being held in jail without bond.Missouri Murderer to be Executed Wednesday: A Missouri man convicted of murdering a gas station attendant during a robbery attempt two decades ago is scheduled to be put to death at 12:01 a.m. Wednesday. The Associated Press reports that attorneys for Leon Taylor have asked Governor Jay Nixon for a stay of execution based on claims of racial prejudice during his sentence, but the governor has shown no sign of halting the execution. If Taylor is executed, he will be…
↧
Cusack on Juveniles and Therapeutic Justice
Carmen M. Cusack (Nova Southeastern University) has posted Kent Make-Up Their Minds: Juveniles, Mental Illness, and the Need for Continued Implementation of Therapeutic Justice within the Juvenile Justice and Criminal Justice Systems (American University Journal of Gender, Social Policy &...
↧
Property Damage Crash SB US95 @ 355, SH66 Junction - District 2
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 2 CASE # L14001128 --------------------- PRESS RELEASE ----------------------------- DATE: November 18 2014 TIME: 07:02 AM LOCATION: SB US95 @ 355, State Highway 66 Junction ASSISTING AGENCIES: Latah County VEHICLE #1 ------------- DRIVER Bjarnason,Timothy R AGE 49 ADDRESS Hayden ID INJURIES? - No VEHICLE YEAR 2003 VEHICLE MAKE Peterbilt VEHICLE MODEL Tractor WRECKER Forest Wrecking SEATBELTS/HELMET WORN? Yes INCIDENT NARRATIVE: Bjarnason was south bound on US95…
↧
Sex Offenders and Anonymous Internet Speech
Today the Ninth Circuit decided Doe v. Harris, No. 13-15263. The opinion by Judge Bybee begins:California law has long required registered sex offenders to report identifying information, such as their address and current photograph, to law enforcement. Cal. Penal Code §§ 290.012, 290.015. The Californians Against Sexual Exploitation ("CASE") Act sought to supplement and modernize these reporting obligations by requiring sex offenders to provide "[a] list of any and all Internet identifiers established or used by the person" and "[a] list of any and all Internet service providers used by the person." Id. § 290.015(a)(4)-(5). The Act also requires registered sex offenders to send written notice to law enforcement within 24 hours of adding or changing an Internet identifier or an account with an Internet service provider ("ISP"). Id. § 290.014(b). Appellees Doe, Roe, and the nonprofit organization California Reform…
↧
↧
When can the cops set up a roadblock in Georgia?
By Jessica Towne Here in Gwinnett, as in all of Georgia, police are allowed to set up roadblocks or checkpoints without informing the public. Many other states don't allow roadblocks at all, or require that local newspaper publish the times, locations and duration in advance of a checkpoint. Not Georgia. Roadblock rules-- for cops Although the police can setup roadblocks, they do have to follow a few rules. They can't just pull over to the side of the road and hold an impromptu checkpoint. Nor can one be set up just because someone thinks it might be a good idea.
↧
Underreporting of Crime
Last week I had this post on the Uniform Crime Reports, and a commenter noted that skepticism was in order due to underreporting by some police departments. Across the pond there appears to be a major kerfuffle on this point. David Barrett reports in the Telegraph:Almost a million crimes a year are disappearing from official figures as chief constables attempt to meet targets, a study by the police watchdog has disclosed.Its report exposed "indefensible" failures by forces to record crime accurately, and said that in some areas up to a third of crimes are being struck out of official records.Her Majesty's Inspectorate of Constabulary said violent crimes and sex attacks were particularly vulnerable to being deleted under "inexcusably poor" systems.Although the report stopped short of accusing police of widespread "fiddling" it said there was an "undercurrent of pressure not to record a crime across some forces" and…
↧
Convicted Drug Dealers Freed After FBI Misconduct
Just months ago United State's Attorney's Office praised the work of law enforcement in ending a complex Washington D.C. heroin and cocaine trafficking ring. The investigation and subsequent prosecution led to 14 felony convictions, with most of the defendants ending up with prison sentences. But as of this week, only one defendant remains jailed, and the other 13 have been released from prison. Last week a federal judge threw their cases out upon recommendation by the very prosecutors who worked diligently to secure these convictions less than a year ago. The exact reasons for this dramatic sequence of events is unknown, but we do know that at least one corrupt FBI agent participated in the investigation. This particular agent, a 33-year old named Matthew Lowry, was found slumped over in his car with evidence bags containing heroin and firearms seized from the investigation. While this incident alone could create enough suspicion of wrongdoing to warrant new…
↧
Can a Domestic Violence Criminal Case Affect my Family Law Case?
If you are going through a dissolution, it will be handled by the Family Law Court. This court is very different from the criminal court. The laws are different, procedures are different, and the Judges are different. If you are going through a dissolution, it is highly recommended that you consult with a Family Law attorney along with an experienced Los Angeles Criminal Defense Lawyer. Although the two cases are different, and will be heard in two different courtrooms by two different Judges, the orders made in either may affect both cases. There are many different ways a conviction can affect your dissolution case. Custody and Visitation If you have minor children, the family law court will hear the issue of custody and visitation. They will determine what the parenting plan will be for the two of you to share time with your children. If you have been convicted of a domestic violence, then there will be a cause for concern by the court and can limit, restrict or prohibit time…
↧
↧
A Well Heeled Race Hustler
The New York Times, of all things, has a long and revealing article about the financial shenanigans of the Reverend Al Sharpton. Why this article appears only in the New York/Region section of the NYT is a mystery, since Rev. Sharpton is a national figure to say the least (I have written about him and his escapades many times before, e.g., here, here and here).The short of it is that Big Al (well, not so big anymore; he's slimmed down remarkably from the days of the Tawana Brawley hoax) seems to have accumulated a lot of dough, even while not being too keen on paying taxes or other debts.By the way, I thought this paragraph particularly interesting:Behind the scenes, he has consulted with the mayor and the president on matters of race and civil rights and even the occasional high-level appointment. He was among a small group at the White House when Mr. Obama announced his nomination of Loretta E. Lynch, the United States attorney for the Eastern District of New York,…
↧
Longstanding BOP “Crisis” a Top Justice Department Priority
Last week, Inspector General Michael Horowitz sent a memorandum to the Attorney General and Deputy Attorney General concerning “Top Management and Performance Challenges Facing the Department of Justice.” The first identified challenge? “Addressing the Persisting Crisis in the Federal Prison System,” namely the system’s ever escalating cost, which consumes a significant percent of DOJ’s budget, and safety and security issues stemming from chronic overcrowding. Containing the Cost of the Federal Prison System The costs to operate and maintain the federal prison system continue to grow, resulting in less funding being available for the Department’s other critical law enforcement missions. Although the size of the federal prison population decreased for the first time since 1980, from 219,298 inmates at the end of FY 2013 to 214,149 inmates at the end of FY 2014, and the Department now projects that the number of inmates will decrease…
↧
How To Win Connecticut High School and College Expulsion Hearings
A little known fact in Connecticut school education law is that state and federal law provides extra protection and safeguards to special education students facing school expulsion or discipline proceedings. Any student who is receiving special education services from a Connecticut public school cannot be expelled or seriously disciplined without a hearing that first determines whether the alleged misconduct and grounds for discipline were a “manifestation” of the student’s disability. And even if the student loses this hearing and is expelled, Connecticut and federal law also provides “stay-put” relief in certain circumstances that will keep a student in school until additional constitutional due process hearings take place. And with the frequency of autism diagnoses on the upsurge in this country, it’s no stretch for parents to be increasingly concerned about whether their child will be disciplined or expelled as a result of their…
↧
"Bill to Restrict N.S.A. Data Collection Blocked in Vote by Senate Republicans"
From The New York Times: Senate Republicans on Tuesday blocked a sweeping overhaul of the once-secret National Security Agency program that collects records of Americans’ phone calls in bulk. Democrats and a handful of Republicans who supported the measure failed...
↧
↧
"Monkey Selfie" Photo May Venture Into Trademark Territory
During the summer of 2014, everybody on the Internet briefly became a copyright expert, scholar, or commentator as people debated the copyright status of this photo taken by a monkey:The copyright dispute over this photo revolved around whether the photographer whose camera the monkey stole to take the picture owned the copyright for the photo. The U.S. Copyright Office concluded that the picture could not be copyrighted since it was taken by the monkey, by including a notably-specific hypothetical scenario on page 8 of this vast report.While the U.S. Copyright Office's say may put an end to the copyright speculation, Craig Whitney of the Socially Aware Blog notes that this picture may end up making its way back to intellectual property debates in the trademark arena.Whitney highlights this application for trademark status which features a picture that looks strangely similar to the monkey selfie photo. Whitney writes:A company identified as Saban Capital Group Inc., based…
↧
An Adversary System without Adversaries
Some background:Ohio law says that the Ohio Supreme Court must review every death sentence on direct appeal. A rule of the Ohio Supreme Court, a rule crafted by the Ohio Supreme Court, says that no brief can be filed after the date it is due. Another rule prohibits asking permission to file a brief late. Yet another rule says that if a party doesn't file a brief, it cannot participate in oral argument. There is no rule prohibiting asking to waive that rule. (Confused yet? Welcome to the Buckeye State's Supreme Court where they refuse to file documents unless that don't comport with the rules and where they don't give you additional time to fix screw ups.)A true story:The prosecutor in one of my death penalty cases blew the deadline. A clerk at the court, who wasn't paying sufficient attention, filed his brief anyway. A week or so later, the court, on its own, struck the brief from the record. When…
↧
Domestic Violence Charges in Las Vegas
Domestic Violence Differs From Stranger Crimes Have you been charged with domestic violence? This crime includes several different types of violent crime within the home and family, such as spousal abuse and child abuse. Potter Criminal Defense Lawyers handle all domestic violence charges in the state of Nevada with dedication and experience, and in defense of the one arrested, they often find they have been wrongly accused by jealous spouses, girlfriends or boyfriends.Anger can also be misdirected when the police are called, but with when the case is investigated, the parties are able to put up a defense.Depending on the type of domestic violence, there is a variety of penalties the judge may impose on the defendant. They include the following. • Probation • Fines • Restraining orders that come between you and your children. • Incarceration • The negative impact on the legal record of the one convicted, and this is very significant punishment…
↧
Will I Be Released on Bail in California?
Whether it is your tenth arrest or your first, being arrested is never fun. Often, it is downright terrifying. For most people, the first concern after being arrested is getting out of jail. In almost all cases, bail will be set, providing you with the opportunity to be released from ... The post Will I Be Released on Bail in California? appeared first on Law Office of Domenic J. Lombardo.
↧
↧
Marijuana and DUI - DREs required - Carboxyl THC does not prove impairment
With legalization and decriminalization of marijuana, and medical marijuana laws sweeping the country, police are stepping up enforcement of driving while impaired by drugs and controlled dangerous substances enforcement. In Maryland, these offenses are contained in Transportation Article, § 21-902(c) driving while impaired by drugs or drugs and alcohol to the extent that the driver is unable to drive safely and § 21-902(d) driving while under the influence of a controlled dangerous substance. The penalties can be up to 60 days in jail and/or a $500 fine and 8 points at the Motor Vehicle Administration (MVA) for the § 21-902(c) offense and up to one year and/or a $1000 fine and 12 points at the MVA for the § 21-902(d) offense. In the typical DUI drugs case, the police officer stops a vehicle for erratic driving and detects some impairment in the driver. Breath testing excludes alcohol as a cause of the impairment and the officer calls in a specially…
↧
How And Why Lawyers Are Killing Our Profession
I stumbled across a post by Dan Jaffe at LawLytics, a lawyer marketing company, that every lawyer needs to read. Ironic for a legal marketer, Jaffe explains, in a very lengthy, but deeply substantive and nuanced fashion, how we are diminishing ourselves for a buck, and why that buck is going to others rather than us. Much as I occasionally touch on pieces of this problem, Jaffe lays it all out, chapter and verse. The post is titled “How much is that lawyer in the window? The secret commoditization of the legal profession,” and he means it. And he explains it. Just to whet your whistle, consider: The internet has created a culture of instant gratification in consumers. The best lawyers know that if they aren’t available when a potential client wants to talk, a lesser lawyer will be there to take the call, and that many potential clients will not wait. To many potential clients the internet makes it impossible to tell the difference…
↧
Is the DOL Hearing recorded?
Yes. Every Washington State Department of Licensing (DOL) Administrative Hearing is recorded. You can obtain the record (disc) from the DOL for $10.50. It usually takes 1-2 weeks to receive the recording after the hearing decision. Typically, you request it...
↧
More Pages to Explore .....
