It’s not clear that 36-year old daughter of a Maryland Capital police officer, Kianga Mwamba has her Ph.D. in particle physics from Johns Hopkins. Then again, it’s not clear that she doesn’t. But she does know that she has the right to video police in the performance of their public duties. And she did. Some Baltimore cops, Stepanie Uruchima, Kelly Larson, Erick Jackson, and Marlon Koushall, apparently didn’t think Mwamba knew as much as she did, so they tased her for it, deleted the video and arrested her. Because reasons. Mwamba, 36, flicked on the video recorder on her cell phone, telling officers she was allowed to record. But the situation quickly devolved into Mwamba’s being hauled from her Toyota, tasered and charged with assaulting two police officers. On the video, you can hear cops commanding her to pull her car over, but she explains that her car was surrounded by police, making it impossible to move without running…
But For Video: “You A Dumb Bitch” Edition
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Senate Committee Approves Draft of Authorization for Use of Force Against ISIS
The Senate Foreign Relations Committee has approved Sen. Melendez' draft of an Authorization for the Use of Force against ISIS. It has a three year sunset provision, unless reauthorized. It also provides that the 2001 Authorization for Use of... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Senator Grassley introduces juvenile justice bill showing eagerness to do bipartisan reforms
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The Resume Site, Discovery and Spoliation of Evidence
This post examines an opinion by a U.S.District Court Judge who sits in the U.S. District Court for the Eastern District of California: Olney v. Job.com, 2014 WL 5430350. She began the opinion by explaining that on August 12, 2012, [Peter Olney] registered his resume with a website called `Resume–Now’ as part of his efforts to seek new employment. Resume–Now is owned and operated by LiveCareer, Inc. (`LiveCareer). Registration with Resume–Now generally consists of three steps. First, the registrant is prompted to create or upload a new resume. Second, the registrant is asked for information regarding the job he or she seeks. Third, the registrant is asked to enter and confirm his or her email address. According to Job.com, at this point the registrant also (1) is given an opportunity to review Resume–Now's terms of use and privacy policy; (2) is asked to acknowledge that he or she has read and agrees to the terms of use…
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Texas top court rules juveniles getting transferred to adult court too readily
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Federal task force on corrections getting geared up for (big?) work in 2015
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Garner and Brown Protests – Possible Criminal Law Implications?
Garner and Brown Protests There have been a lot of high profile protests lately. For months there have been nationwide protests over the death of Michael Brown in Ferguson, Missouri. Now, the Garner protests in New York City have captured center stage. A good Jacksonville criminal defense attorney knows when to stay quiet so we’ll politely decline this opportunity to join into the intense, emotional discussion over the substance of these cases. Instead, we’ll talk about the criminal law implications of the protests. Legality of Garner and Brown Protests Some of the protest photographs making headlines are shocking, they look more like photographs of a war between police and the protesters. These images can lead to pause: Why so many police? Are the protests illegal? Protests are not only legal, they are Constitutionally protected by the 1st Amendment which prohibits the making of any laws that abridge citizens’ freedom of speech or right to peaceably assemble.…
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What About the Motion for Discovery in my Columbus Criminal Case?
Most of our Columbus clients charged with felony crimes ask us this question: “Where’s my Motion for Discovery?” The expectation is that the prosecutor will have given us a well-organized notebook of discovery material (probably on a silver platter). Our experience in Columbus and across Ohio is that nothing could be further from the truth. The sad fact is that obtaining the pretrial discovery to which you are entitled is not only a battle, but a series of battles, and even a war. To understand why, you need to understand the specific provisions of the Ohio Rules of Criminal Procedure, Ohio Revised Code, and Ohio and U.S. Constitutions that govern an accused’s right to pretrial discovery and access to evidence. Here’s what you need to know. Pretrial Discovery and Access to Evidence The Fifth and Fourteenth Amendments require the prosecuting attorney to disclose specific types of evidence to the accused in order to protect…
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Lots of Texas departments getting, considering police bodycams
It's been remarkable to see how rapidly the terms of debate have shifted surrounding police body cameras in the wake of the Ferguson and Staten Island protests going national, including here in Texas.In Houston, the DA's office will spend $2 million to purchase bodycams for Houston PD officers, reported the Houston Chronicle (Dec. 11), which is a good start but less than would be required to equip every patrol officer. "This summer, Houston Police Chief Charles McClelland said he asked City Hall for $8 million to equip 3,500 officers with body cameras over the next three years, but funding for the equipment has not been identified," the paper reported.Similarly, in Dallas (reported the Morning News last month), DA-elect Susan Hawk announced she would use asset forfeiture funds to buy bodycams for DPD, a move supported by the local policy union. At least some Fort Worth PD officers already use bodycams.Meanwhile, the San Antonio Express-News reported this…
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Verstein on Violent White-Collar Crimes
Andrew Verstein (Wake Forest University School of Law) has posted Violent White-Collar Crime (Wake Forest Law Review, Vol. 49, pp. 873-887, 2014) on SSRN. Here is the abstract: It is orthodox to divide the universe of crimes according to their...
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Can you film the police? Know your rights!
Let’s say you and your friends are out one night and things take a turn for the bad. A police officer starts hassling you or someone in your group. Or maybe you just see an angry cop about to get violent with a person in the street. Are you allowed to just pull out your […] The post Can you film the police? Know your rights! appeared first on Scheiner Law Group, P.C..
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Ohio Execution Drug Bill Advances
The Ohio Senate yesterday passed, 20-10, HB 663 to provide confidentiality to the compounding pharmacies who supply drugs for lethal injection. Opponents made the usual noise about transparency in government, but their real purpose is to facilitate harassment. Jim Siegel and Randy Ludlow have this story in the Columbus Dispatch:The pharmacies "have become subjected to not just criticism but downright attack, boycotts and picketing at their homes," said Sen. John Eklund, R-Chardon. "Consequently many of these pharmacies have become unwilling ... to subject themselves to that aggravation."Earlier, the Senate caved in and deleted a provision that would have outlawed resale restrictions in contracts for sale of drugs. Objections were made that the provision might have violated the Contracts Clause and might have caused European companies to refuse to export drugs to the United States. Both objections could have been eliminated by making…
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Do DOT logbook rules require all Bensalem truckers have electronic logging devices?
Currently, DOT logbook rules do not mandate that all commercial truck drivers use electronic logging devices. But in March 2014, the Federal Motor Carrier Safety Administration (FMCSA) published a Supplemental Notice of Proposed Rulemaking that proposed amendments to the DOT logbook regulations.One of those proposed amendments involves electronic logging devices and requirements for their use by drivers required under federal law to maintain hours of service records. The federal proposal will require interstate commercial truck and bus companies to use electronic logging devices.The mandate requiring electronic logging devices for commercial truck and bus drivers is part of a federal strategy to help reduce the risk of accidents caused by fatigued or drowsy drivers. These accidents may involve drivers who violate the hours of service rules, and drive beyond the maximum legally permissible limits imposed on them.What are electronic logging devices?Electronic logging devices…
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Statute of Limitations in Chicago Rape Cases
It’s been a bad couple of weeks for America’s Dad, Bill Cosby. In the past month, at least 20 different women have come forward to say that Mr. Cosby had sexually molested, drugged and/or sexually assaulted them in incidents dating back as far as the 1970s. Just this week the Los Angeles Police Department met with one accuser, who claims Cosby sexually assaulted her when she was just 15 years old. Can Charges be filed in Decades Old Chicago Rape Case? The alleged sexual assaults in the Cosby case happened decades ago and, if true, the majority went unreported. If a Chicago resident were to claim she was sexually assaulted 15 years ago, is it possible for criminal charges to be filed against the accused? Illinois law imposes statutes of limitations on all crimes except murder. Statutes of limitations are time limits imposed on the prosecution, requiring him to file charges against the accused within a stated time period. If charges are not filed within the specified…
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Important Tips for Your Injury Case: Medical Treatment
Another important step in obtaining a fair result for your accident case is to seek medical treatment immediately as soon as you are not feeling well. Most insurance policies in Colorado contain a “medical payments” policy, which is a $5000 …The post Important Tips for Your Injury Case: Medical Treatment appeared first on Personal Injury Attorney CO | Colorado Springs Lawyers.
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Injury Crash EB US12 @ 29 District Two
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 TWO CASE # L14001213 --------------------- PRESS RELEASE ----------------------------- DATE: December 12, 2014 TIME: 11:56am LOCATION: EB US12 at milepost 29, near Lenore ASSISTING AGENCIES: Tribal Police Department and Nez Perce County Sheriff VEHICLE #1 ------------- DRIVER: Freda J Jones AGE: 88 ADDRESS: Orofino, ID INJURIES? - Yes HOSPITAL/LOCATION TAKEN? St Joseph Medical VEHICLE YEAR: 2002 VEHICLE MAKE : Subaru VEHICLE MODEL: Legacy WRECKER : Orofino Body…
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Supreme Court Takes Up Miller v. Ala. Retroactivity
In Miller v. Alabama, the Supreme Court announced a new constitutional rule that murderers who are 17 years, 364 days old or less at the time of the crime cannot be sentenced to life without parole under a mandatory sentencing system, but they can receive such a sentence if the judge has discretion to consider mitigating circumstances and decides that LWOP is warranted.Does that decision apply retroactively to require new sentencing proceedings for the under-18 murderers sentenced under mandatory statutes and whose convictions were affirmed in final judgments before the Miller decision? The Supreme Court of Louisiana said no last year in State v. Tate, 130 So.3d 829. Applying Teague v. Lane, 489 U.S. 288 (1989), the court said this is a procedural change, not a substantive one, and it does not qualify as a "watershed" ruling on the scale of Gideon v. Wainwright.Last June, that court applied the Tate precedent to summarily reverse a grant of collateral…
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Law Firm Caught Up in Bogus Sunken Treasure Find
Jay Miscovich was a bright man, with a medical degree in his pocket, but he preferred the world of business and real estate investments until, down-on-his-luck, he turned his talents to finding sunken treasure off the coast of Florida. He told a story about running into an old friend in a bar in Key West, who showed him some salvage fragments which appeared to be from a Spanish galleon. He purchased a map from his friend for $500.00, where X marked the spot of a possible treasure trove of sunken artifacts and perhaps more. He and a buddy, later a partner in the company they incorporated, began diving in the location marked on the map and lo and behold, they discovered over 80 pounds of emeralds on the ocean floor. But under Florida law they needed the admiralty court to confirm their find and legally recognize their ownership. It was not to be as straight-forward as they hoped. A well-established treasure salvage company, Motivation Inc., who in the 1980’s staked claims…
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PHOTOS FROM SHARPSTEIN EVENT PLUS THE GRINCH
UPDATE: SCRUGGS LEAVES SAO: From Ovalle's Herald article: “I’m exploring whether to get back and do law enforcement here or in Alaska,” said Scruggs, 63, whose last day was Friday."Now there's a quote you don't see every day. Read more here: http://miamiherald.typepad.com/nakedpolitics/2014/12/controversial-miami-dade-prosecutor-steps-down.html?utm_source=twitterfeed&utm_medium=twitter#storylink=cpyUPDATE: PRO SE, A-OK. The pro-se defendant who was facing life in prison before Judge Rodriguez-Chomat this week was acquitted of all counts Friday after just slightly less than two hours of deliberation by the jury. The defendant was sentenced to 14 years on the PVH, proving that you can beat the rap, but you can't beat the ride. Courtesy of David Ovalle's twitter @davidovalle305, here are some pictures from the event unveiling the plaque honoring our dear colleague Richard Sharpstein. Also-…
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Sundby on The Unreliability Principle, Mentally Ill Defendants, and the Death Penalty's Unraveling
Scott E. Sundby (University of Miami School of Law) has posted The True Legacy of Atkins and Roper: The Unreliability Principle, Mentally Ill Defendants, and the Death Penalty's Unraveling (William & Mary Bill of Rights, Vol. 23, (2014 Forthcoming)) on...
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