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Prosecutorial discretion

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Not surprisingly, a couple of posts: this one at The Volokh Conspiracy, and this one at ACSLaw.Blog.

Bill Cosby Rape Accusations Highlight Havoc Caused By Greenwich & Stamford Sex Assault / Rape Arrests

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We’ve heard a lot about the sexual assault and rape allegations being made against Bill Cosby. But if you have been accused or arrested in Greenwich or Stamford Connecticut for sexual assault or rape, then you don’t have to be a famous TV star to appreciate just how the accusations alone can change your life forever. Especially in this internet age where arrests and allegations take on a digital life of their own. So while our laws and constitutional rights give anyone arrested for rape in Stamford the presumption of innocence, the reality we all know is that the arrest alone, coupled with the media aftermath, can convict you in the court of public opinion well before you get the chance to walk into a courtroom. So can anything be done to protect your reputation and get in front of a Stamford, Darien or Greenwich sexual assault / rape arrest?  Absolutely… How to Protect Yourself If You Are Being Accused of Rape / Sex Assault in Stamford and Greenwich…

Mother of low-IQ sex offender worries about loss of therapy program

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11-24-2014 Minnesota: With an IQ of 60, Claire Potter's 47-year-old son Clark verbalizes at the developmental level of a 13-year-old. But socially, he's even younger -- perhaps 8 years old, according to his mother. He's also a sex offender. Although never charged with a crime, Clark Potter forced himself on his girlfriend at a group home for the mentally disabled some 20 years ago, his mother

Should I talk to the officer?

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No. If arrested for DUI or Physical Control do not make any statements to the officer/trooper and always ask to speak with an attorney. If you cannot get ahold of a private attorney, there is a public defender on call...

Cheryl Abbate Wants Marquette to Censor?

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Marquette University teaching assistant Cheryl Abbate doesn’t like the fact that Professor John McAdams criticized her for not allowing students to discuss gay rights. His article got noticed by Inside Higher Ed, so instead of defending her possibly indefensible actions, Cheryl Abbate cried to the publication: Abbate, however, said she hoped Marquette would “use this […]

A New Addition to the School of Government’s Indigent Defense Manual Series

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Emily Coward and I are glad to share a new resource with you: a reference manual entitled Raising Issues of Race in North Carolina Criminal Cases. If you are a person who likes to have a hard copy on the shelf, you can buy it here. Like our other manuals, it is available for free online […]

Monday Open Thread

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Showtime's Homeland is back in its element. After a shaky start this season, it slowly got back on track, and the last two episodes were Homeland at it's best. Separated at birth: One of the two guys above is Saddam Jamal, a terrorist in... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Smart is the New Tough: A Changing Approach in America’s War on Drugs, Crime?

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Fact: the United States incarcerates its citizens at the highest rate in the developed world. Indeed—save one small chain of islands, whose entire population is just a fraction of our prison population—the United States’ incarceration rate is the highest on the planet.  And nearly half of our approximately 1.75 million inmates are serving time for […] The post Smart is the New Tough: A Changing Approach in America’s War on Drugs, Crime? appeared first on Crime In The Suites.

"Merry Marijuana: Pot Sellers Woo Holiday Shoppers"

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The title of this post is the headline of this notable new AP article. Here are excerpts: From new marijuana strains for the holidays to gift sets and pot-and-pumpkin pies, the burgeoning marijuana industry in Colorado is scrambling to get a piece of the holiday shopping dollar. Dispensaries in many...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/BvAJymQv31s" height="1" width="1"/>

Who is to Blame for Declining Bar Exam Passage Rates?

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Derek Muller argues in this post that the National Council of Bar Examiners (NCBE) may be more to blame than they are willing to admit. From his post:Despite protests from the National Council of Bar Examiners to the contrary (PDF), it increasingly appears that the NCBE had some role in the decline of Multistate Bar Exam scores and, accordingly, the decline in bar passage rates around the country.Muller points out declines across the country to support this claim, and notes that even though the students taking the July 2014 bar exam had slightly lower credentials than students in prior years, that does not seem to adequately explain the shifts in scores and pass rates.Muller's post is worth reading in its entirety, as he addresses many of the explanations that have been offered so far. He ultimately concludes that more information is necessary for an adequate explanation for the decline in scores. I hope that the NCBE takes his (and others') concerns to heart in…

11 Real Estate Investors Indicted for Bid Rigging and Fraud at Public Foreclosure Auctions

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Mortgage Fraud Blog. A federal grand jury in San Francisco returned three multi-count indictments against eleven real estate investors for their role in bid rigging and fraud schemes at foreclosure auctions in Northern California. The indictments, filed in U.S. District Court for the Northern District of California in Oakland, California, charge Northern California real estate investors Michael Marr; Javier Sanchez; Gregory Casorso; Victor Marr; John Shiells; Miguel De Sanz; Alvin Florida Jr.; Robert A. Rasheed; John L. Berry III; Refugio Diaz; and Stephan A. Florida with participating in conspiracies to rig bids and schemes to defraud mortgage holders and others. The indictments allege that the defendants agreed not to compete at public auctions in return for payoffs and diverted money to themselves and others that should have gone to mortgage holders and other beneficiaries. All defendants were charged with bid rigging and fraud in Alameda County, California. Marr, Sanchez,…

Man Sentenced to Federal Prison for Defrauding Soldiers in Loan Scam

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Mortgage Fraud Blog. Daniel Lee Rosales, 21, Killeen, TX, was sentenced to two years in federal prison for stealing money from U.S. Army soldiers though a fraudulent loan scam. In addition to the prison term, United States District Judge Walter S. Smith, Jr. ordered that Rosales pay $28,180 restitution to his victims and be placed on supervised release for a period of five years after completing her prison term. On September 4, 2014, Rosales pleaded guilty to one count of false statement on loan or credit application. By pleading guilty, Rosales admitted that in May 2013, he posed as a Sergeant in the First Cavalry Unit at Fort Hood to befriend new Army enlistees and encourage them to apply for signature loans at area banks in order to build up their credit. Rosales further admitted to instructing them to place false residential and marital status information on loan applications in order to increase the loan amount enlistees could receive from the institution. After the…

Racy video leads to felony charges for two St. Johns County men; warrant out for third suspect in Jacksonville

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Police have arrested two men and are seeking one more on child exploitation charges after a sexual video surfaced that had been used to promote a rap song. Two St. Johns County men, ages 18 and 19, are facing felony charges and there is a warrant out for a 21-year-old Jacksonville man, according to a report in the Florida Times-Union. St. Johns County school officials alerted police after they learned the video had been posted on Facebook, the newspaper reported. One man is charged with lewd and lascivious battery on a child between the ages of 12 and 16, along with the use of a child in a sexual performance. Both charges are second-degree felonies with a maximum sentence of 15 years in prison, so the man is facing up to 30 years behind bars. A second defendant is charged with promoting a sexual performance by a child - another second-degree felony punishable by up to 15 years in prison. All three of these St .Johns County Sex Crimes charges are very serious, and could lead…

2 Admit Using Falsified Settlement Statements to Defraud Lenders

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Mortgage Fraud Blog. Malgorzata Karas-Golka, also known as “Margaret,” 46, Newington, Connecticut, and Carmelinda Marotta, also known as “Linda,” 45, Manchester, Connecticut, who were involved in an extensive mortgage fraud scheme have pleaded guilty in federal court. Karas-Golka pleaded guilty to one count of bank fraud related to the scheme and Marotta pleaded guilty to bank fraud, as well. According to court documents and statements made in court, from approximately June 2005 to July 2010, Filippos Milios, Karas-Golka, Marotta and others conspired to defraud banks and mortgage lenders in obtaining dozens of mortgages for the sale of properties owned by Milios, Karas-Golka and others. The conspiracy involved the use of straw borrowers, false mortgage applications, false HUD-1 forms and fraudulent down payments in connection with the purchase of nearly 50 houses primarily located in Hartford, New Haven and Middlesex counties. As part of the…

"Will Texas Kill an Insane Man?"


Yagmur-Prozess: Keine besondere Schwere der Schuld

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Im Prozess um den Misshandlungstod der dreijährigen Yagmur aus Hamburg wurde heute das Urteil verkündet: Das Gericht verurteilte die Mutter wegen Mordes zu einer lebenslangen Freiheitsstrafe, stellte jedoch nicht die besondere Schwere der Schuld fest, wie die Staatsanwaltschaft beantragt hatte. Damit kann die 27-jährige auf eine Entlassung nach 15 Jahren hoffen. Der 26-jährige Vater des Mädchens bekam eine Hafstrafe von vier Jahren und sechs Monaten wegen Körperverletzung mit Todesfolge durch Unterlassen. Der Tod von Yagmur war grausam Die Vertreterin der Anklage hatte in ihrem Plädoyer die Grausamkeit der Tat als Mordmerkmal hervorgehoben und beantragt, die besondere Schwere der Schuld festzustellen. Für den Vater des Mädchens hatte die Staatsanwaltschaft sechs Jahre Freiheitsstrafe beantragt, weil er das Kind nicht vor seiner Frau geschützt habe. Das Mädchen war im Dezember 2013 in der Wohnung ihrer Eltern…

Putting Union Security Clause First Amendment Law in a Broader Context: Charlotte Garden’s Meta Rights

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Charlotte Garden, Meta Rights, 83 Fordham L. Rev. 855 (2014). Joseph Slater Meta Rights is a thought-provoking article that addresses concerns about labor law rules governing agency fee payments in public-sector employment by comparing these rules to doctrines in analogous situations in other areas of law. Specifically, after the Supreme Court decided Knox v. SEIU Local 100 in 2012, 132 S.Ct. 2277 (2012), many felt that the Supreme Court was primed to change the default rule for agency payers from “opt-out” (an employee covered by a union security agreement would have to affirmatively state a preference not to pay dues for activities deemed “not related to collective bargaining”) to an “opt-in” system (unions could not require such dues absent specific, individual consent). Many in the field also noted that Harris v. Quinn, 134 S.Ct. 2618 (2014), looming but not yet decided when this article was written, could result in the Supreme Court…

The Ferguson Lie

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Americans may be a smart, educated people, but we are lazy and ignorant. It’s too much effort for our delicate sensibilities to gain a deeper understanding of how our nation functions. This is why the Ferguson Lie happened. This is why the Ferguson Lie works. That the grand jury did not indict Ferguson Police Officer Darren Wilson was a foregone conclusion.  To those of us who don’t have to look up a study or read a law review article to understand how indictments happen in the real world, the outcome was clear when St. Louis County District Attorney Bob McCulloch announced that he would present all the evidence to the grand jury.  Wachtler’s “ham sandwich” has grown trite in this discussion. The Ferguson Lie is an appeal to our sense of fairness and transparency.  We were played.  McCulloch’s lengthy spiel before announcing “no true bill” was to spread the lie.  To the ear of the media, McCulloch’s…

How long will my DOL Hearing last?

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Up to one (1) hour. The Washington State Department of Licensing (DOL) allocates one (1) hour per DOL Hearing. That is usually enough time to complete the Hearing. My DOL Hearings typically last 30-50 minutes depending on the issues or...

Bill Cosby and Sex Crime Statutes of Limitation

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Several women have accused entertainer Bill Cosby of rape.  The  victims who have come forward with rape charges allege criminal  sex acts that were in past years.   Florida’s statutes of limitations  rules set a framework for what acts are time-barred and those that are not.   What rules of law would apply if Bill Cosby were charged and arrested for sexual battery in Florida? Sexual offense categories and sentences,  vary with the ages of those involved.   Florida’s sexual battery crimes have different levels of culpability, which depend not only on the age of the victim, but the age of the perpetrator. Florida enhances penalties for sexual batteries by those in positions of trust such as parents and teachers.  In Bill Cosby’s situation the lapse of time between the date of the act and the involvement of prosecutorial agencies would quite likely bar a prosecution in Florida.  Sexual Battery is a subject…
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