My friend John Hinderaker has a fascinating post up showing the most tweeted-about news stories of 2014. In second place is the August 9 shooting of Michael Brown in Ferguson, MO. First place is held by the December decision of the grand jury not to indict the shooter, Officer Darren Wilson. It's reasonably clear that the grand jury declined to bring charges because it believed Wilson acted in self-defense, an account supported by both forensic and eye-witness testimony.What's unusual is that a crime story gets ranked first when crime is relatively low, as it is now. Crime barely got a mention as an issue when pollsters were asking, in the run-up to the midterm elections, what the public was most concerned about. Indeed, crime, violence, drugs, law and the judicial system together barely scratched the surface, as Gallup reports. So why is a crime story Number One in a year that saw a partisan wave in the elections, the outbreak of Ebola,…
The Number One News Story of 2014
↧
↧
Ninth Circuit Applies Heightened Pleading Standards for Loss Causation
On December 16, 2014, the Ninth Circuit affirmed the U.S. District Court of Arizona’s dismissal of a Section 10(b) class action against Apollo Education Group, Inc., a for-profit education company, and several of its officers and directors. In doing so, the Ninth Circuit held that the heightened pleading standard of Federal Rule of Civil Procedure Rule 9(b) applies to all elements of a securities fraud action, including loss causation. Plaintiffs represented a class of investors that purchased the company’s stock between May 21, 2007 and October 13, 2010, and alleged that defendants committed securities fraud by making misleading statements and omissions regarding the company’s financial condition, business focus and revenue growth. Plaintiffs also alleged that during the class period the company’s officers and directors traded on inside information related to the alleged misstatements. The district court dismissed the amended complaint for failure to…
↧
Parental Rights in Florida: Egg Donor or Mother
Parental Rights in Florida Two women are involved in a same-sex committed relationship for a number of years when they decide they want to jointly conceive and raise a child. They decide that one of the partners, we’ll call her “TMH,” will donate an egg which will be implanted into the other partner, we’ll call her “DMT.” The child is born and the couple gives the child a hyphenated last name. It seems to be the definition of an equal, fair partnership…until things start to go wrong. The relationship between TMH and DMT deteriorates and DMT absconds to Australia with the child. TMH eventually locates her and serves her with a petition to establish parental rights which would allow TMH to obtain a court order ensuring that she gets time with her child. Who is the mother? TMH, the biological mother who gave her egg? DMT, the birth mother who carried the child for 9 months? Or both? It may sound like a riddle, but those are the facts of…
↧
A Congressional Election With Crime Issues Front and Center?
Seems like we just finished a congressional election, doesn't it? That's because we did. The good folks of Staten Island, New York have another one coming up, though. Their just-reelected congressman, Michael Grimm, has been convicted in federal court and has resigned.Nia-Malika Henderson has this post in The Fix, the WaPo's political blog, titled "Race to replace Grimm could be all about Bill de Blasio and Eric Garner."This is the district, after all, where Garner was choked by a police officer and later died. It's also the rare part of New York City that doesn't really like the Democratic mayor, who has inflamed New York City police by appearing too sympathetic to the Garner protesters. A recent poll pegged de Blasio's approval on Staten Island at 25 percent, with 58 percent disapproving. City-wide, he was in positive territory, at 50 percent approval and 32 percent disapproval. Another key data point (referenced above):…
↧
8 More Arrested in “Levy Enterprise” Insurance Fraud Ring...cont
The following individuals were charged today in the second round of arrests stemming from Cuomo’s investigation: William R. Hamel, 45, of Bethpage, NY, an attorney at Dinkes and Schwitzer; Pradhudial Balkaran, 46, of Bronx, NY, a hospital employee at Lincoln Medical and Mental Health Center; Franklin Martinez, 54, of Mamaroneck, NY, a hospital employee at Lincoln; Vanessa Marte, 26, of New York, NY, a hospital employee at Lincoln; Natasha Samuels, 27, of Bronx, NY, a hospital employee at Lincoln; Benito Figueroa, 50, of Bronx, NY, a hospital employee at Lincoln; Odalis Caraballo, 56, of Bronx, NY, a hospital employee at Lincoln; Kenton Wright, 49, of Bronx, NY, a hospital employee at Jacobi Hospital Martinez, Marte, Samuels, Figueroa, Caraballo and Wright are accused of working with the Levy Enterprise, while Hamel and Balkaran allegedly engaged with other, similar criminal operations. Hamel is charged with Bribery in the Third Degree, in violation of Penal Law §…
↧
↧
News Scan
Execution Dates Set For Alabama Killers: Alabama's highest court has set execution dates for two convicted killers that have been on death row for decades. Tim Lockette of the Anniston Star reports that executions in the state had been delayed since 2013 due to a lack of execution drugs. The executions, scheduled to take place in February and March, will be the first time the state uses a new three-drug protocol utilizing the anesthetic midazolam, to prevent the murderers from feeling any pain. Police Officer Shooting Deaths Jump 56 Percent: The number of police officers killed by firearms in the U.S. during 2014 jumped by 56%, sending a shockwave through law enforcement agencies around the country. The Associated Press reports that 50 officers were shot this year, compared to 32 officers in 2013. Fifteen of the shootings were from ambush attacks. "With the increasing number of ambush-style attacks against our officers, I am…
↧
USCA9 Drops Henry Like A Hot Potato
The strange case of Arizona murderer Graham Henry continues.Three weeks ago, I noted that the U.S. Supreme Court had taken the unusual step of directing the Court of Appeals for the Ninth Circuit to answer Arizona's petition for an extraordinary writ. The state was challenging the Ninth's decision to stay the mandate in Henry's case while it considers another case, McKinney v. Ryan, even though the panel in Henry had decided that it really makes no difference to that case how McKinney comes out.Two days after the Supreme Court's order, the Ninth reheard McKinney en banc. Today, the Chief Judge issued an order in Henry saying, Having heard the argument in McKinney, and having considered the record and the briefs filed by the parties in this case, the Court concludes that: (1) the facts and legal arguments are adequately presented in the briefs and record, and that the decisional process would not be significantly aided by oral argument; and (2) a…
↧
Materni on Causation
Mike C. Materni has posted Rebooting the Discourse on Causation in the Criminal Law: A Pragmatic (and Imperfect) Approach (Criminal Law Bulletin, Volume 50 Issue 6, Winter 2014) on SSRN. Here is the abstract: Causation in the criminal law is...
↧
More notable new posts from the Collateral Consequences Resource Center
↧
↧
"Emotion, Authority, and Death: (Raced) Negotiations in Mock Capital Jury Deliberations"
↧
Individuals & Institutions
A couple days ago, I quoted from New York Police Commissioner William Bratton’s eulogy for Officer Rafael Ramos, who was recently assassinated by a mentally-ill individual because Ramos was wearing the uniform of the institution for which Ramos worked: the New York Police Department. I started that post by talking about another post that I’d thought about writing. Blogging – for me, anyway – is funny that way. You start out with one idea, and as you write, it transmogrifies; somehow the post itself magically becomes something different than what you thought it was going to be. It reminds me of certain writers I’ve heard who talk about how they can’t wait to see what the characters in their books – the books they are writing! – will do next. It happened again today. I started with a post titled, “You Were Told,” about all the warnings we’ve had through the years that the police force itself was…
↧
What are the Differences between the Preliminary Breath Test and Evidentiary Breath Testing in AZ?
A preliminary breath test is a tool used to make the initial arrest of a suspected drunk driver. However, the evidence collected with a PBT test is not typically used against you in court. In Arizona, the machine used for evidentiary breath testing after an arrest is called the Intoxilyzer, more commonly referred to as the breathalyzer. Evidential breath testing machines are used for admissible evidence during prosecution. These machines are used in police stations and are larger than the average handheld breathalyzer seen during traffic stops. They’re able to provide a more dependable and accurate measure of intoxication. Should I refuse a preliminary breathalyzer test? Yes, these handheld units are proven to be inaccurate, and failing this test means you’ll be arrested. Refusing the test also means your license will be suspended, but you can request a blood test, and the results of the breathalyzer can be refuted and your license reinstated once the blood test…
↧
Kansas City Area DUI Checkpoint Update: 12/31/14 - New Year's Eve Edition.
Kansas City Area DUI Checkpoint Update: 12/31/14 - New Year's Eve Edition. Since the weather forecast is in the teens for today and tonight there aren't going to be any set DUI checkpoint locations, it's just too cold outside! But that doesn't mean the Police aren't going to be out on patrol looking for signs of Drunk Driving. Here's what we know so far: 1. Overland Park Police Dept. has announced that they will have a DUI Saturation Patrol, meaning around 10 to 20 extra officers out on patrol specifically looking for any reason they can find to pull you over and check for DUI. This enforcement will begin at 10:00 p.m. and end at 2:00 a.m. 2. Olathe Police Dept. has announced that they will also have a DUI Saturation Patrol tonight. Likely the same times as Overland Park above. Olathe stated that they will also be looking for seatbelt violations, so wear your seatbelts folks! 3. Riley County announced they will also be having a DUI…
↧
↧
Heroin Arrests in Dallas and North Texas: Billboards, Big Brother, and Civil Rights in Heroin Cases
In George Orwell’s classic novel 1984, Oceania was ruled by a character called “Big Brother,” who oversaw the ruling government that held total control over the citizens “for its own sake.” (If you read this back in high school, this is where you probably learned about the “totalitarian” form of government.) Orwell wrote of every person in this fictional world being watched by the government all the time, 24/7/365. They were always on camera and just in case they might forget this surveillance for a minute, there were lots of posters, notices, etc., are around with the catch phrase “Big Brother is Watching You.” Of course, Big Brother explained this surveillance to the people as something he was doing for their benefit and the benefit of Oceania as a whole. Sure he was, right? (Back in high school, here came the phrase “benevolent dictator.”) It’s a good book. You should read (re-read) it. Dallas Fort…
↧
And Now the End is Near- 2014 Highlights
For me, 2014 was fulfilling, both personally and professionally. On the work side, I arbitrated some interesting family law cases, handled several Hague Convention child abduction cases: one that saw the successful reunion of father and child after an abduction from Portugal to Canada, and the other an appeal from an order that a child be returned to Montana. Personally, I found time to workout with my incredible trainer, Janice; enjoy neighbourhood cook-outs and pool parties; sing in my choir; brainstorm ideas for a book on women in leadership, and enjoy the beauty of California and B.C’s Okanagan. Meanwhile my contribution to the blogosphere continued throughout the year, with the following highlights: 1. Shared parenting: MP Maurice Vellacott’s bill on shared parenting crashed and burned when the Liberals and most of the Conservatives voted against it in the earliest stages of second reading. Despite it being a part of Harper’s election platform, only a…
↧
Access Denied: Courts Draw a Line Between Security and Self-Incrimination
Put yourself in this scenario for a moment: After a long day at work, you come home where you want nothing more than to just eat dinner, relax in front of the TV and get a good night’s sleep. Instead, you and your significant other end up in a fight and the neighbors call the police, who arrest you after an accusation that you tried to strangle your loved one. The police suspect that a home security camera may have picked up video of the incident. The camera sends the footage to your smartphone, which you have protected by a fingerprint lock and a numerical passcode. They want to see the footage. Can the police force you to place your finger on the scanner and then type in your passcode? A recent court ruling says the answer is both yes and no. The above scenario is exactly what happened to David Baust, an emergency medical services captain who was accused of trying to strangle his girlfriend during a domestic argument. The police applied to get a warrant to order Baust…
↧
Outgoing Maryland Gov commutes final four state death sentences to life
↧
↧
Tips for Your Accident Case: Keep All Paperwork
Once you enter into the murky world of an injury case, you will be deluged with paperwork. Your insurance company will be mailing you things, the other insurance company will send you stuff, and you will receive receipts and printouts …The post Tips for Your Accident Case: Keep All Paperwork appeared first on Personal Injury Attorney CO | Colorado Springs Lawyers.
↧
Strandburg on Membership Lists, Metadata, and Freedom of Association's Specificity Requirement
Katherine J. Strandburg (New York University School of Law) has posted Membership Lists, Metadata, and Freedom of Association's Specificity Requirement (Symposium on NSA Surveillance: Issues of Security, Privacy, and Civil Liberty, 10 ISJLP 327 (2014)) on SSRN. Here is the...
↧
Governor Quinn grants pardons to petitioners for the 3rd time in just over a month span
Just a few hours ago, in advance of the New Year, Illinois Governor Quinn grants executive clemency to 102 more individuals. Along with the 102 grants, Gov. Quinn denied 425 petitions, bringing his total number of clemency decisions to 4,489 (1,520 clemency petitions granted and 2,969 petitions denied). I am pleased to report that I have recently received positive results for 3 of my clemency clients, and am anxiously awaiting decisions on many more. I sincerely hope the outgoing Governor Quinn decides at least one more batch of clemency petitions prior to leaving office next month!
↧
More Pages to Explore .....
