Die Angst ist ein ständiger Begleiter Von allen guten Richtern verlassen Schuld und Bühne Richter Bodenlos Ein Kopfkissen als gefährliches Werkzeug Justizirrtum: Viereinhalb Jahre zu Unrecht in der Psychiatrie Ein gerechtes Urteil, aber kein Grund zur Freude Der teuerste Strafzettel aller Zeiten? Kostenlose Datenbank ius menschenrechte geht online Todesurteil nach 70 Jahren aufgehoben: Späte Gerechtigkeit für George Stinney Rassismus-Prozess:„Du kommst hier nicht rein“ führt zu Schmerzensgeld „Hier geht es um Indianer, nicht um Häuptlinge“ (Gegenrede zur Kritik am Jurastudium) Beste Jurablogs 2015 – Fragen zum Ablauf Unser nächstes Selbstleseverfahren gibt es diesmal schon am 24. Dezember 2014. Und ein Hinweis in eigener Sache: Noch läuft unsere Abstimmung zu den besten Anwaltsserien. Über 750 Stimmen wurden bereits abgegeben. Jetzt noch mitmachen und gewinnen! — Hinweis: Wir…
Selbstleseverfahren, Band 88
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Meaningless Word Number 6: Annoying
The Indiana Supreme Court reverse its Court of Appeals, which held the public intoxication statute’s language unduly vague. Indiana’s 2012 public-intoxication law makes a criminal of someone who, while drunk in a public place, “harasses, annoys, or alarms another person.” (The statute improved upon the state’s previous public intoxication law, which made it illegal to be drunk in public, period.) The Supreme Court didn’t see the problem. There is little doubt that the subjective application of the term “annoys” would lead to absurd results and exceedingly broad discretion in enforcement. However, recognizing that statutes need not precisely state the prohibited conduct and should be read to avoid absurd results, principles of statutory interpretation instruct this Court to read a reasonableness standard into our public intoxication statute when analyzing the term “annoys.” In other words, the court wrote a…
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Two Cops Dead, And Still Feeding the Crazies
Two New York City police officers, Wenjian Liu and Rafael Ramos, were executed while sitting in their cruiser in Brooklyn. They were murdered by Ismaaiyl Brinsley, who ran away, then killed himself. Brinsley came up from Maryland to find two random cops to kill. And he did. These murders are, and are not, connected to the killing of Eric Garner and Michael Brown. And Akai Gurley and Tamir Rice. The double killing comes at a moment when protests over police tactics have roiled the city and other parts of the nation. Since a grand jury declined to bring criminal charges in the case of Mr. Garner, a black Staten Island man who died after a police chokehold in July, protesters have filled the streets on numerous occasions. Those protests followed more violent ones in Ferguson, Mo., after there were no charges in the police shooting of Mr. Brown, an unarmed black teenager. These cops had nothing to do with any of these killings, but they were cops. To the crazies…
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Praying for my friend Baba-Kundi Ma`at-Shambhala, January 9, 1954 - December 1, 2014
Seven years ago, I blogged about my inspirational chance meeting Baba-Kundi Ma`at-Shambhala. I met him in the parking lot of the Whole Foods natural supermarket in my town. I was drawn to greet Baba after seeing the following on the back of his car: his name, a kokopelli image, the Om symbol, mention that he does home improvement work, and a North Carolina license plate. Baba was very approachable and optimistic. When I asked about his home improvement services, he gave me a very attractive pamphlet, addressing home improvement as a way to harmonize our surroundings. Baba had a website called Essence of Paradise, which he later turned into a blog, which focused on helping everyone reach high vibrations and higher potential. Baba-Kundi Ma`at-Shambhala has said: "Is there, or can there be an end to Goddess/God? No, of course not. So if there is no end to Goddess/God and we are all made in…
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Police Union President Blames Protesters and Mayor for Officers' Murder
Just when the police were about to get some sympathy as a result of the killing of two Brooklyn police officers, the President of the Police Union, Patrick Lynch, takes to the microphones and outlandishly claims there's blood on the hands of... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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NFL WEEK 16 2014.
Perfection. "The quality or state of being perfect. Freedom from fault or defect." Today, Dustin Tischler stands alone at the precipice of perfection. A perfect season. Sixteen picks in the survivor pool, sixteen correct choices. Yesterday Plea D went down hard with the Eagles and Mark Sanchez losing to the Redskins. Here's a tip- never place your future in the hands of a Mark Sanchez led team. Now it all rests on the shoulders of Tischler, who has picked the Cheaters against the Jets today. Will Rex Ryan spoil the dream? Or will Tischler stand with the 1972 Dolphins and Don Larsen? Stay tuned. We like the Texans +6 at home against the Ravens .Steelers -3 at home over Chiefs. Panthers -4 at home over Browns and Manzel. Site Feed
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The NYC Comptroller and the Garner Case
New York City Comptroller Scott Stringer is again showing a willingness to insert himself into NYC civil rights litigation.Earlier this year, Stringer stepped in and settled the claims of David Ranta, who had spent 23 years in prison after being framed by a NYPD detective, and Jerome Murdough, who died needlessly at Rikers Island, before any lawsuit had actually been filed. Facing an impending lawsuit by the estate of Eric Garner, Stringer is stepping forward to see if the claims can be resolved without litigation. These actions mirror his office's increased emphasis on pretrial settlements generally. It is a welcome change.Normally, the Law Department handles lawsuits against the City, while the Comptroller's Office controls the purse strings. Once the action is underway, plaintiffs' lawyers litigate and negotiate with City Lawyers. While the Comptroller's Office decides on the amount the City might pay, there is no communication between that office and the…
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Case o' The Week: Speedy Trial? (or Wait Awhile) - Gavilanes-Ocaranza, the Sixth Amendment, and Supervised Release
Hon. Judge Susan P. GraberThe Sixth Amendment and Supervised Release: never the twain shall meet. United States v. Gavilanes-Ocaranza, 772 F.3d 624 (9thCir. Nov. 25, 2014), decision available here.Players:Decision by Judge Graber, joined by Judge Hawkins and District Judge SedwickFacts: Gavilanes-Ocaranza pled guilty to attempted illegal reentry and received a three-year supervised release term after his term of imprisonment. Id. at *626. He was removed, reentered, detected, and convicted of reentry again; he received a 46-month custody term from another court. Id.at 626. Gavilanes-Ocaranza was then brought back before the original district court to face allegations that he had violated his original supervised release conditions. Id. at 627. He admitted the allegations, was revoked, and received a twelve-month custodial term for the S/R violation, consecutive to his 46 month sentence for the second illegal reentry. Id. None of the issues in the appeal were raised…
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Protecting public creates pools of sex-crime felons in rural, less affluent areas in, around Jacksonville
8-21-2014 Florida: When a 35-year-old mother was stabbed to death and a 10-year-old girl raped in Clay County on Dec. 1, many in the small Middleburg community learned for the first time that the sexual predator suspect was among 143 offenders who lived within five miles of the crime scene. Registered predator Donald Hugh Davidson Jr. lived in a mobile home on the edge of that circle with
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TDCJ deaths in custody skyrocketed after 2011 healthcare cuts
The press and advocates focused on the death penalty and even police shootings are missing the big picture about deaths of Texans at the hands of the state.Regular readers know this blog seldom considers death-penalty topics unless a case intersects with other issues I routinely cover like innocence, forensic errors or prosecutor misconduct. By contrast, to read most MSM sources, both opinion and news, you'd think that what happens in Texas' execution chamber is the single most important life-or-death issue facing the criminal-justice system. Taking a step back from that myopic view, however, since 2005, roughly one person per day died in custody in Texas, Grits had earlier reported. Only a tiny fraction of those died from lethal injection.Now that the year is winding down, it can be said that the state of Texas will have executed ten people in 2014, which is the lowest number since 1996, according to the Dallas Observer's Unfair Park blog. To put that number in…
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Happy Holidays!
Last Friday the Bronx Community Solutions staff held our annual holiday party. We played a white elephant gift exchange game and then headed to Bowlerland in the Bronx to battle it out at the lanes. We had a great time!!Wishing you a fun, safe and productive holiday this year.
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"A Simple Model of Optimal Deterrence and Incapacitation"
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Attorney Matthew Reisig’s Winning Supreme Court Case On December 15, 2014
On Monday, December 15, 2014, the New Jersey Supreme Court ruled for Mr. Reisig’s client in the matter of State v. Joseph M. Jaffe. (http://www.judiciary.state.nj.us/opinions/supreme/A1213StatevJosephMJaffe.pdf). The New Jersey Supreme Court is the State’s highest court. This opinion vindicated Mr. Reisig’s legal argument in the trial court in August 2012. Mr. Reisig’s persistence in pursuing his client’s rights during more than two years of the appellate process is a great example of never giving up the fight. Also, the Jaffe opinion demonstrates how prescient Mr. Reisig in successfully raising a legal argument on behalf of his client without any prior New Jersey precedent. The significance of the Jaffe opinion cannot be overstated. It will serve to benefit criminal part defendants for decades The post Attorney Matthew Reisig’s Winning Supreme Court Case On December 15, 2014 appeared first on New Jersey Criminal Defense Attorney - Matthew…
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Press Release – December 15, 2014
STATEMENT REGARDING STATE V. JOSEPH M. JAFFE DECIDED BY THE NEW JERSEY SUPREME COURT ON DECEMBER 15, 2014 Mr. Jaffe and I are gratified by the New Jersey Supreme Court’s opinion on Monday, December 15, 2014 permitting post-offense conduct as permissible argument on behalf of a criminal part defendant in the trial court at time of sentencing. The Supreme Court deserves enormous credit for having accepted Mr. Jaffe’s Petition for Certification. The Court’s opinion serves to vindicate the legal argument made on Mr. Jaffe’s behalf in the trial court in 2012. We look forward to making just such an argument at the time of Mr. Jaffe’s resentencing. A word to the New Jersey criminal defense bar. When my client was sentenced to state prison, he could no longer pay for my legal services. I stayed the course. That is when my client needed me the most. When a client has paid our legal fee and can no longer afford to do so, keep up the fight. The…
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Heien v. North Carolina: Implications for California Law
On December 15, the United States Supreme Court released its opinion in Heien v. North Carolina. The Court held that a police officer's reasonable mistake of law did not render a traffic stop unconstitutional under the Fourth Amendment. The Fourth Amendment permits traffic stops based on a reasonable suspicion that the law has been violated, and as long as the police officer's mistake of law is reasonable, the stop is not rendered unconstitutional. Analysis of the opinion can be found here and here.Here is the crux of the majority opinion:Reasonable suspicion arises from the combination of an officer's understanding of the facts and his understanding of the relevant law. The officer may be reasonably mistaken on either ground. Whether the facts turn out to be not what was thought, or the law turns out to be not what was thought, the result is the same: the facts are outside the scope of the law. There is no reason, under the text of the Fourth Amendment…
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Prez Obama to nominate Atlanta US Attorney Sally Yates to Deputy AG position
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EXPECT MASSACHUSETTS LAW ENFORCEMENT TO BE EXTRA CAUTIOUS DUE TO POLICE MURDERS THIS HOLIDAY SEASON
This past weekend was a bad one for law enforcement. In two different states, police officers were murdered by suspects. In Brooklyn, New York, two police officers were sitting in their patrol car when a man who officials claim had come from Baltimore vowing to kill police officers made good that vow. He had made statements on social media suggesting that he planned to kill police officers and was angered about the Eric Garner and Michael Brown cases. He is said to have shot the two officers and then committed suicide with the same gun. The two officers, Wenjian Liu and Rafael Ramos, were killed on the scene after the gunman, Ismaaiyl Brinsley, assumed a firing stance outside the passenger window and shot several rounds into the officers’ heads and upper bodies. The officers never drew their weapons. New York law enforcement indicate that the shooting on Saturday seemed reminiscent of decades past, when the city was mired in an epidemic of drugs and violence and,…
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Maryland Personal Injury Protection (PIP)
Maryland law requires personal injury protection coverage as part of your insurance. Read on to learn more about this type of insurance and what it means for you and your medical costs. What is Personal Injury Protection Insurance? Personal injury protection insurance, often abbreviated as PIP, is a type of no-fault auto insurance that insures you and others against injury in case of a collision. Maryland auto insurance PIP applies to a variety of costs that you can incur in a collision, but focuses primarily on healthcare costs, such as medical bills and compensation for lost wages. Personal injury protection has a much broader application than other forms of auto insurance. If a car wreck occurs, it will often cover all those involved. This means that you, those riding with you, and other drives can all benefit from a successful claim. Ask a personal injury lawyer for more details if you have further questions about fault and liability in a wreck. What Does…
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$100 for Reporting a Drunk Driver
It goes without saying that there are more drunk drivers on the road during the holiday season. Some counties like those in Southern California are increasing patrols and DUI checkpoints. Palm Beach County, however, is offering a $100 reward for reporting a drunk driver as part of its holiday DUI crackdown. “It gives law enforcement additional eyes on the road,” said the spokeswoman for the Safety Council of the Palm Beaches, Donna Bryan. “Everyone should have an interest in getting impaired drivers off the roads because it could be someone who hits your loved one.” Palm Beach’s Mobile Eyes program has been operating since 2001 and has reportedly led to hundreds of DUI arrests. But recently, the program was promoted as a way to earn a little extra holiday cash this season. To most this seems like a win-win situation. Drunk drivers are taken off the road and the person responsible for the arrest earns themselves $100 for the holidays. So…
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Drunk Driving Patrols
Reprint from the Maryland State Police Press Release 12/22/2014 14:34 YOU BETTER WATCH OUT, I’M TELLING YOU WHY: TROOPERS ARE CRACKING DOWN ON DRINKING AND DRIVING Drive Sober or Get Pulled Over (PIKESVILLE, MD) – With all the holiday parties and celebrations this time of year, many will drink and drive but you better watch out, I’m telling you why; the Maryland State Police are cracking down on drunk driving. Due to the increased possibility of alcohol related crashes and fatalities, troopers will be out in force actively searching for impaired, distracted, and aggressive drivers. Drivers are reminded during the holiday season and the rest of the year that drinking alcohol and driving should never be on their to- do list. In 2013, during the Christmas period from December 25 through December 29, there were 5 fatalities and 2 were alcohol related. Drunk Driving Statistics Maryland Nationally the facts are grim. In December 2012 there were 830 people killed in…
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