Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71805 articles
Browse latest View live

Escaped Florida Rap Sheet Convict On Run After Stabbing law Enforcement With Eyewear

0
0
Escaped convict Alberto Morales, has a long criminal record that includes a fascination with stealing exotic birds, shot several dogs to keep them quiet as he stole more than $250,000 worth of birds, was charged with reckless driving, driving without a license and possession of stolen property, domestic battery, cocaine possession, and in 2003, and additional 10 years in prison after pleading guilty to sexual battery with a deadly weapon, burglary with assault, and kidnapping. Morales escaped from two Miami-Dade detectives who were escorting him from Florida to Las Vegas when they in the 1600 block of Texas 114. While stopped at a Wal-Mart to use the restroom, Morales stabbed one of the escorting detectives with a broken or sharpened piece of his eyeglasses and ran off. imagesrepoffender.jpg Habitual offender laws significantly increase the prison sentences of those convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies, and limits the ability of these offenders to receive a punishment other than a life sentence. Habitual offender laws are designed to counter criminal recidivism, particularly for violent and other serious offenses such as murder, home invasion robberies with one or more deadly weapons, and sexual offenses. Under Florida Statute §775.084(1)(b), one may be classified as a habitual violent felony offender if the State proves the following two elements: - One has a previous, separate conviction (not pardoned or set aside), for a felony, attempted felony, or conspiracy to commit a felony and one or more of these convictions were for common crimes such as murder, kidnapping, robbery, and aggravated battery related charges AND - One was either serving some court ordered prison sentence or has some other court-ordered supervisory status imposed as a result of a prior conviction for a violent felony or commits the felony within five years of the date of the conviction of the last prior enumerated felony. One must remember that if the Florida statute says that a judge “may” sentence one to an extended period in prison, the judge has discretion to choose whether to impose a greater sentence. However, if the statute reads “must” sentence, as it does with violent felony habitual offenders, then the judge has no discretion and must sentence one to the extended period. If the State shows one qualifies to be considered a Habitual Violent Felony Offender, the court may impose up to double the maximum sentence for the crime one was charged with as an extended term of imprisonment in the following manner: - 3rd Degree Felony - a term not exceeding 10 years, and one is not eligible for release for five years - 2nd Degree Felony - a term not exceeding 30 years, and one is not eligible for release for ten years - 1st Degree Felony or Life Felony – life sentence, and one is not eligible for release for fifteen years Many times, the State Attorney’s Office attack Habitual Offender cases with as much force as possible. However, those that overzealously attack cases sometimes lack thoroughness in procedure and improper collection and preservation of evidence, leaving many possible defenses open for one’s experienced Jacksonville habitual offender crimes defense attorney to pursue that may quickly resolve one’s case.

Gouldin on the Judicial Role in Material-Witness Detentions

0
0
Lauryn P. Gouldin (Syracuse University College of Law) has posted When Deference is Dangerous: The Judicial Role in Material-Witness Detentions (American Criminal Law Review, Vol. 49, No. 3, 2012) on SSRN. Here is the abstract: Federal prosecutors’ aggressive use of...

Case o' The Week: Noonan's Not ImPreston - Preston and Coerced Confessions

0
0
Does law enforcement like the new Preston decision, tolerating a confession obtained from a retarded 18-year old, with no Miranda warnings?   Hard to say (though a business that teaches cops to interrogate includes the order denying suppression on their webpage).   United States v. Preston, 2013 WL 431951 (9thCir. Feb. 5, 2013), decision available here.The Honorable John T. NoonanPlayers: Decision by Sr. Judge Farris, joined by Judge Bybee. Compelling dissent by Judge Noonan.Facts: An eight year old boy entered the home of his neighbor and relative, 18-year old Preston. Id. at *1. Preston is mildly mentally retarded, with an IQ of 65. Id. at *6. The government’s account is that Preston put on a condom, had anal intercourse with the boy, and ejaculated. Id. The boy, crying, reported this to relatives and was taken to the hospital. Id.  Although the boy complained of pain, a forensic exam revealed no physical evidence of a sexual assault. Id. at *2. “The government does not argue that there exists DNA evidence of sexual contact between the child and Preston.” Id.at *15 (Noonan, J., dissenting). The boy told a forensic examiner a convoluted story of clearly-fabricated events that were intertwined with the assault, involving monster trucks and throwing knives. Id. at *1. Agents later approached Preston at his home and interviewed him for forty minutes, without Mirandawarnings. Id. at *2, *6. The agents lied, falsely assured Preston the interview was confidential, repeatedly mixed-up the actual date of the alleged assault, pressed him with rounds of leading questions, wrote out his statement, and ultimately got him to sign a confession. Id. at *2-*3. While being interrogated Preston explained that he had short-term memory loss, a tumor in his head, and had been kicked out of school because of his behavior. Id. at *3. When an agent asked if he was “disabled,” Preston didn’t know what the word meant. Id. The case was tried in a bench trial, the confession was admitted over defense objection, and Preston was convicted of aggravated sexual assault. Id. at *6. Issue(s): “Preston . . . argues that his confession was involuntary and thus improperly admitted at trial.” Id. at *1. “Preston contends that a finding of involuntariness is irrefutable in light of his characteristics, specifically his diminished mental capacity.” Id. at *6 (internal quotations omitted). Held: “The personal characteristics of the defendant are constitutionally irrelevant absent proof of coercion . . . . Preston's diminished mental capacity does not so heavily influence the totality of circumstances test that a finding of involuntariness is appropriate.” Id.(internal quotations and citation omitted).Of Note: Judge Noonan forcefully and persuasively takes the majority to task for upholding a conviction based solely on the “coerced” and “involuntary” confession of a retarded 18-year old. Id. at *15 (Noonan, J, dissenting). Of particular concern is the majority’s apparent new rule that the coercion of a mentally-impaired person depends on the length of the interrogation. Id. at *17. Preston deserves a second look by the en banc court – both for its tolerance of a most-troubling conviction, and for its new reading of the coercion inquiry that is “unsubstantiated” by case law. Id.at *17.How to Use: As unwelcome as the primary holdings are in Preston, the opinion does offer useful discussions of supervised release. The Court reverses and remands because of conditions imposed on the lifetimeterm of supervised release. Id. at *13-*14. If you’re fighting a penile plethsymograph condition, a prohibition of “sexually orientated” materials, or a prohibition of being in “the company” of another (here children, but same rationale applies to gangs), read Preston – yet another Ninth case questioning Probation’s fixation on impossible or unfair conditions of supervision.                                                 For Further Reading: Have a sex case? Grab this great primer: “The Fine Print and Convicted Sex Offenders: Strategies for Avoiding Restrictive Conditions of Supervised Release,” by R&W Attorney Jennifer Gilg, available here. Image of the Honorable Judge John T. Noonan from http://blog.beliefnet.com/pontifications/files/import/imgs/Judge%20Noonan.jpgSteven Kalar, Federal Public Defender Northern District of California. Refreshed web page available at www.ndcalfpd.org .

Divorce Attorney in Salt Lake City | Arnold & Wadsworth

0
0
There are a lot of divorce lawyers in Salt Lake City to choose from. We offer a free consultation in order for our clients to allow us to earn their business. We pride ourselves in receiving referrals from past clients. At Arnold & Wadsworth our divorce lawyers have the legal experience needed to get you [...]

Klaming & Koops on Neuroscientific Evidence in the Netherlands

0
0
Laura Klaming and Bert-Jaap Koops (Tilburg Institute for Law, Technology and Society (TILT) and Tilburg Institute for Law, Technology and Society (TILT)) have posted Neuroscientific Evidence and Criminal Responsibility in the Netherlands (INTERNATIONAL NEUROLAW: A COMPARATIVE ANALYSIS, pp. 227-256, T.M....

Commercial Vehicle Crash US 93 south of Mackay

0
0
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 02/23/13 07:04pm Please direct questions to the District Office On February 23, 2013, at 9:53 AM, Idaho State Police investigated a non injury crash on US 93 at milepost 100, south of Mackay. Amarjit Singh, of Manteca, California was driving south on US 93 in a Blue 2005 freightliner pulling a 53 foot van trailer. Singh encountered packed snow and ice, lost control and his truck jackknifed. The northbound lane was blocked for approximately 8 hours. Crash is under investigated by Idaho State Police and was assisted by Custer County Sheriff's. -------------

Boston Police Commissioner’s Son Arrested For DUI

0
0
This post is written to remind everyone that we are all vulnerable to someday getting into trouble with the law – even some of us that you would be least likely to suspect. As a Dedham, Mass., DUI lawyer, let me share with you an interesting development. Right now there is a story making headlines in the Boston newspapers about the Commissioner of the Boston Police Department, Ed Davis, which illustrates my point in the above paragraph. Last week, Commissioner Davis’ 22-year-old son Phillip was arrested in Plymouth, New Hampshire, on charges of drunk driving. At a recent event at Emmanuel College, Davis made a statement, in which he said that his son is doing well, and he thanked everyone for their concern. Among other things, he said the following: "Like many families that struggle with substance abuse, we are reaching out to experts to get Phillip the help he needs. Jane and I love our son very much and are relieved that he has decided to seek treatment." I empathize with the Davis', because I have seen this happen to far too many people, of all ages. I hope that if young Mr. Davis needs help, that he gets it. I say this in view of the possibility may even be a previous DUI incident involving the young Davis. Reportedly, the Suffolk County District Attorney’s Office is looking into another incident earlier this month, in which a Boston police officer allegedly gave Phillip and his girlfriend a ride home from the TD Garden, because the officer suspected that Phillip may have been impaired and unable to drive himself home. It may be that the officer potentially wanted to spare Phillip the pain of being arrested on Boston OUI charges, requiring the services of a Boston Massachusetts drunk driving attorney. That incident is still being investigated, and the young Davis has not been charged with any crime. Even if he had been charged, I should emphasize here that like all criminal suspects, young Davis would, and should, be presumed innocent until proven otherwise. That police officer's action prompts the obvious question: Was that ride home for Phillip, an act of favoritism on the part of the police officer? Was it special, preferential treatment? As a Boston, Massachusetts criminal defense lawyer, I believe that it’s important for all criminal suspects to be treated on a level playing field. After all, if you were arrested for Massachusetts drunk driving, would you want to know that a police officer’s son, arrested and charged with the same criminal offense, was given preferential treatment? The police need to be very careful here and the legal system needs to handle this case with utmost precision, so that the due process is applied to all citizens. It is still not clear what Phillip’s Blood Alcohol Content was at the time of his arrest - and, as I said above, he should be presumed innocent at this time. But the limit in Massachusetts is a BAC of .08 or higher. For Massachusetts drivers under 21 years old, the BAC limit is .02 or higher. If you are stopped by the police, perform a Breathalyzer test, and your breath registers a blood alcohol content that is higher than .08, you will be arrested and charged with drunk driving. Then you will be subject to Massachusetts OUI/DUI laws and penalties, which can be severe. Since this is anything but a pleasant experience, remember: If you plan on having more than one drink, do NOT drive. If you do, you run the risk of hurting an innocent person, and you yourself will need the services of a Massachusetts OUI attorney.

LAS VEGAS WRITER: April Adams

0
0
That Don't Make Ya Bad: A Memoir of Addiction:April Aimee Adams tells the heart-wrenching story of a childhood marred by facial scars, an absentee father, and an overworked, inattentive mother. That Don't Make Ya Bad describes the perilous journey of a scared, overweight young woman as she confronts low self-esteem and a poor self-image. All April seeks is love and acceptance of friends and family, but all she finds is a disheartening routine of bulimia, alcohol, sex, and drugs. In the end, her spirited and determined effort to achieve self-discovery and personal growth brings her the sobriety, stability, and peace she seeks. But the story of April Aimee Adams isn't only about one person, it's about all of us who face difficult circumstances in life. That Don't Make Ya Bad is really about how perseverance and desire can triumph over defeat and addiction. Her uplifting, inspirational story will leave any reader wiser, stronger . . . and crying for joy..April Aimee Adams:When I was twelve, I tried alcohol and marijuana for the fi rst time. By the time I was fifteen, alcohol joined food as my other best friend. When I drank, I forgot my thunder thighs and the scar marring my face. I felt beautiful and confident — but most important, I wasn’t paralyzed with fear over what others thought of me.Chapter Excerpt: Welcome To LifeAfter struggling with addiction for many years, April Aimee Adams turned her life around. She graduated summa cum laude with a bachelor’s degree in psychology in 2008. Owner of Rodnee Books, LLC, she is soon to publish an autobiography called That Don’t Make Ya Bad: A Memoir of Addiction.Besides writing, April spends her time taking care of her ten-year-old twins. Her main goal in life is to help those who struggle with addiction. She wants to make it clear that people are not their addictions and the true self is still inside them. They are controlled by the monster of addiction, but they can possibly be freed with treatment, which includes self-discovery and personal growth.-------------Personal Note by Anthony M. Wright, Esq.Ms. Adams was sitting near me as I read her life story.  It was an interesting experience, almost like reading a person's mind, reviewing her innermost thoughts, and looking through a window into her past. Ms. Adams' candid memoir should help those suffering from addiction to realize they are not at all alone and there is a silver-lining. To look at her now, one would not imagine the prior harshness of her life.  Her book does not have a whining tone and though one may feel bad for her various unfortunate experiences, it is written not for one to feel sorry, but for one to learn and appreciate the sorts of situations we all face or endure in life.  If you want a near approximation to walking a mile in someone's shoes, read a memoir.For me, the mentions of a Las Vegas I remember as a child (such as the old Wonderworld) conjured memories.

ACLU: Know Your Rights: Constitution Free Zone - Map

0
0
ACLU: Know Your Rights: Constitution Free Zone - Map (Click on your state in the map below to find out how many Americans are currently living without full constitutional protection. Check out additional information about Constitution Free Zones here.)

In praise of lawyer and psychodramatist Simina Vourlis

0
0
Jon Katz, a criminal defense lawyer and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. http://katzjustice.com My close friend and teacher Trudy Morse -- a great grandmother who learned many key life lessons before I ever was born -- once wrote in thanks to those who supported her along the path of life. Local taijiquan teacher David Walls Kaufman, who very generously leads free taijiquan practice sessions on Saturday mornings in Lincoln Park has put it more succinctly: "You can’t let your teacher forget that you love them. For you to let that happen is obscene." Of course, as the Dalai Lama says "Everyone is my teacher, starting with my enemy." Many people have particularly blessed me with their caring, friendship and teaching, and I try to acknowledge some of them on this blog, as I did, for instance, last Thursday in thanking the many NACDL members who have welcomed me with open arms over the years.  Of course, part of thanking others is to give them the space they want, which I have done with my teacher Steve Rench, for instance, by refraining from knocking the wind out of him with a big bear hug when I have seen him. When I spoke with Steve last week after awhile of not being in touch, I did tell him that I am inspired by David Walls Kauffman to remind my most valued teachers, like Steve, from time to time how much I appreciate them and how positively they have inspired me.  As we see in so many acknowledgment sections of books and on awards shows, any omissions of my public thanks is never intended to ignore the countless people who have supported me along the path. By the same token, from time to time, I want to give public thanks to some of my supporters and teachers who particularly stand out.  Today, I thank Ohio-based (and Virginia-licensed, too) trial lawyer Simina Vourlis. I met Simina through our mutual attendance in separate years at the Trial Lawyers College. Simina went on to become a voluntary staff member there, which is a high honor. Simina and I have sat down together a few times to talk about life and the law practice. One day, she blessed me and my client by joining us at my office for one of the several trial preparation workshops that area Trial Lawyers College alumni arrange to help increase their persuasive trial preparedness by quantum leaps.  Simina is big on psychodrama, which for trial lawyers is a way to enhance the persuasiveness of them, their clients, and their witnesses; to persuade through storytelling; and to better understand themselves and the other players in the litigation. Simina accepted my request for her to lead this workshop, which was well attended by around a total of five lawyers plus me and my client (I prefer adding more non-lawyers to the mix when possible). Simina was superb at deftly and quickly sensing what my client and I (in this aggravated assault case) needed to accomplish as a team and in our respective roles on the road to victory in his case. Although my client and I already got along well from the get-go and even though I knew many vital things about my client and his case, by the time we all left this trial workshop a few hours later, I felt tremendously closer to victory, and my client felt much more comfortable. This was a function not only of my client and I taking a weekend morning away from all distractions to be better prepared, but also because of the deep insight and skill not only of Simina but also of all other participating lawyers, who all are excellent trial lawyers, and also because of the deep trust that everyone in the room had for each other, therefore laying bare ourselves, our strengths, our fears, and our dreams that related to helping reach a victory in my client's case. Strict confidentiality is a key to such workshops, and we all were able to trust each other to maintain that confidentiality.  I understand that Simina by now is a certified psychodramatist through the American Board of Examiners in Psychodrama, Sociometry, and Group Psychotherapy. I highly recommend Simina to any lawyer seeking a trial consultant, including assisting with trial preparation and psychodrama workshops.  Deeply thanking and bowing to Simina Vourlis.

WaPo: Md. DNA law at center of SCOTUS case aided 43 convictions; many possible even without new law

0
0
WaPo: Md. DNA law at center of SCOTUS case aided 43 convictions; many possible even without new law by Associated Press: WASHINGTON — A Maryland DNA law being challenged in the U.S. Supreme Court helped lead to 43 convictions over the past four years, but state data shows the majority of the convictions could eventually have happened even without the new law. For years, Maryland required people convicted of serious crimes to provide a DNA sample. The sample, taken from a swab of saliva, was then compared against a database of DNA evidence from crime scenes, and some old cases were able to be solved. Maryland changed its law in 2009, however, so that people had to provide the saliva sample when they were arrested on charges of committing certain violent crimes — before going to trial. Note: Maryland v. King is being argued Tuesday, Feb. 26 (ScotusBlog). Issue: Whether the Fourth Amendment allows the states to collect and analyze DNA from people arrested and charged with serious crimes.

252d anniversary of Otis's Writs of Assistance argument in Paxton's Case

0
0
Today is the 252d anniversary of James Otis’ argument at the Boston Old State House against the writs of assistance in Paxton’s Case, heard Tuesday, February 24, 1761. (See this prior post from 2006).

Missbrauchsprozess endet mit Freispruch

0
0
Vor dem Amtsgericht Schleiden wurde ein Fall des sexuellen Missbrauchs eines Kindes verhandelt. Der 19-jährige Angeklagte soll ein 13-jähriges Mädchen missbraucht haben. Vor dem Prozess sagte auch das heute 14-jährige Mädchen als Zeugin aus. Während es zuerst hieß, dass es zu ersten sexuellen Handlungen auf dem Zimmer des Mädchens gekommen sei, soll es nun . . . → Read More: Missbrauchsprozess endet mit FreispruchÄhnliche Beiträge:Kindesmissbrauch: Angeklagter kannte das wahre Alter nichtWann beginnt sexueller Missbrauch von Kindern iSd § 176…Missbrauch an eigener TochterAnklage wegen sexuellen MissbrauchsKindesmissbrauch: 41-jähriger Berliner aus Mangel an…

The Cerebral Michigan DUI Client

0
0
This article has been a long time in the making. One of the delights that I have as a Michigan DUI Lawyer Practicing in the Detroit-area is that most of my Clients find me as a result of doing their...

Limiting the power of prosecutors in criminal cases in light of Aaron Swartz

0
0
When a suspect is arrested, one of the main concerns for Massachusetts defense attorney is the power of the prosecutor who will be the person who decides what to charge a defendant with. This discretion of what to charge...

The Discreet Charm of the Slackoisie, Academic Edition

0
0
<font style="FONT-SIZE: 12px" face="Arial">But what about lawprofs? Aren't they entitled to a little happiness too?<br> <br> Backing up yet another effort to justify the value of legal scholarship, this time by lawprof&nbsp;<a href="http://profile.typepad.com/tamarapiety" target="">Tamara Piety</a> at the&nbsp;<a href= "http://www.thefacultylounge.org/2013/02/the-utility-of-scholarship.html#comments" target="">Faculty</a> <a href= "http://www.thefacultylounge.org/2013/02/the-utility-of-scholarship-round-two.html#comments" target="">Lounge</a>, which was met with some less than enthusiastic support by the poor disgruntled students and new lawyers who feel that it comes on their backs and at their expense,&nbsp;<a href="http://chaselaw.nku.edu/faculty/Faculty/MichaelJZMannheimer.html" target="">Michael Mannheimer</a> offers his views a <a href="http://prawfsblawg.blogs.com/prawfsblawg/2013/02/the-costs-of-legal-scholarship.html" target="">PrawfsBlawg</a>.<br> ...</font>

Only As Brilliant As You

0
0
<font style="FONT-SIZE: 12px" face="arial">In a&nbsp;<a href="http://www.volokh.com/2013/02/18/no-aaron-swartz-was-not-charged-with-violating-jstors-terms-of-service/">recent post</a> revisiting the Aaron Swartz case, Orin Kerr noted, I think with some humor, a quote in a remarkably ill-conceived post by my&nbsp;<a href= "http://blog.simplejustice.us/2012/11/28/slates-new-crime-blog-making-the-world-stupider-one-post-at-a-time.aspx">favorite Slate legal pundit</a> on the 9th Circuit's&nbsp;<a href= "https://www.eff.org/sites/default/files/filenode/nosal_en_banc.pdf">Nosal</a> <em>en banc</em> opinion about it being "superb and extremely insightful."&nbsp; The "inside joke" is that all ideas are "superb and extremely insightful" if we agree with ...</font>

A Bust Too Far

0
0
<font style="FONT-SIZE: 12px" face="arial">The Supreme Court, in a 6-3 split decision, figured out something that the Second Circuit couldn't: no rubber band can stretch a mile. In <a href= "http://www.supremecourt.gov/opinions/12pdf/11-770_j4ek.pdf">Bailey v. United States</a>, the Court held that Chunon Bailey's seizure about a mile away from an apartment where a search warrant was being executed wasn't close enough.<br> <br> Before anyone says "duh," bear in mind that this wasn't the outcome below, and failed to capture the votes ...</font>

One Degree of Separation Between Greatness and Me

0
0
Back in the days my children were involved in organized sports, coaches liked to tell the story of how former NBA Superstar Michael Jordan was cut from his 10th grade basketball team. The story tended to come out right before cuts were made, presumably to ease the sting for those kids who weren’t going to [...]

Sunday Morning Open Thread

0
0
Yes, I still exist. Busy busy. But not too busy for some "investing" fun today - Oscars Edition, on the flip: Oscars - Best Costume Design - Les Miserables +300 Best Original Song - Suddenly... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Viewing all 71805 articles
Browse latest View live


Latest Images