Chief Justice promises fully electronic SCOTUS by 2016 in his 2014 year-end report
↧
↧
Can Columbus criminal defense lawyers who fight against prosecutor misconduct make a difference?
Wired Magazine published an article last week detailing how prosecutors misuse PowerPoint slide presentations to improperly influence a jury. Unfair and inflammatory argument is common tactic used by prosecutors across the nation, even by prosecutors here in Columbus, Ohio. However, the use of unfair computer-generated visual aids in argument is a fairly new twist on the decades old tactic. Over the past two years, on at least 10 occasions appellate courts have reversed convictions in criminal cases due to improper argument presented by prosecutors in PowerPoint presentations. Much more often, however, appellate courts merely take note of the improper argument, but nevertheless uphold the convictions. This is exactly the type of sneaky tactics used by prosecutors that require those accused of crimes in Columbus to fight against. Only criminal defense attorneys with the backbone to fight this kind of misconduct can give their clients in Columbus the justice…
↧
Self-Help For Package Theft
Christin Ayers reports for KPIX, San Francisco:A Vallejo homeowner fed up with package thefts from his front porch left a stinky surprise boxed up for the thief with a little help from his dog. The first package disappeared from Bryan Nalette's doorstep back in October. "It never showed up," Nalette said. He thought it was just a mix-up until it happened again with some Christmas presents last week. "Two days after it was supposed to show up, just an empty cardboard box with the shipping address was on there so we figured someone was opening them up, stealing the stuff and leaving the box behind." Bryan felt violated by the thefts. "It's just a personal thing. I don't like being stolen from, as I don't think anybody does." So, Bryan left a decoy package on his doorstep with a nasty surprise inside. "I filled up the third box with dog crap," Nalette told KPIX 5, and sure enough the next…
↧
Illinois' Second Chance Probation Allows For New Beginnings
The New Year brings second chances. It is a perfect time to discuss Illinois' Second Chance Probation, the sentencing opportunity statute that went into effect a year ago. The statute, which can be found at 730 ILCS 5/5-6-3.4 allows certain persons who have not previously been convicted of felony offenses and previously afforded specified diversionary programs, the ability to receive a special probation which, if all the conditions are fulfilled, will not result in a conviction. Persons charged with Class 4 possession of a controlled substance, Class 4 possession of methamphetamine, certain classes of theft and retail theft, certain classes of criminal damage to property and Class 4 possession of marijuana, with the consent of the State's Attorney, may plead guilty, and without a judgement of a conviction, may be sentenced to Second Chance Probation. Persons previously convicted of a violent crime as an adult or…
↧
Tsarnaev Defense Seeks Venue Change From Appeals Court
Jury selection is scheduled to begin Monday in the trial of Dzhokhar Tsarnaev, accused of the Boston Marathon bombings. Yesterday, hours after the trial court refused its most recent request for a continuance, the defense filed a petition for writ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
↧
2015.1
I do not write I’m sorry I haven’t written more lately; here’s why; I promise to do better blog posts. The first part strikes me as narcissistic—as though it matters to the world that any particular blogger hasn’t written more lately; the third part is usually a lie—people who write these posts almost always return to silence shortly afterwards. And I don’t figure readers generally care much about the why of silence. But Scott Greenfield has called me out: As for those of you who have paid only rare attention to your blawgs, let your posts dwindle, left the heavy lifting to others, this might be a good time to explain why. You know who you are. I know who you are too. Is the genre dead? Is it not worth the effort? Are things so wonderful that there is nothing left to write? So here’s why: In 2014 I tried three jury trials and won all three. Two of them saved clients from certain deportation and the other saved the…
↧
2015.2: Grammar Peeve
A defendant should never “plea guilty” because “plea” is not a verb. The infinitive is “to plead.” The past tense is “pleaded” or “pled.” Which you use is a matter of personal preference, either yours or your readers’, but the Oxford English Dictionary and Garner’s Modern American Usage both prefer “pleaded.” A case should not under any circumstances “be plead,” but it might be pled (or pleaded) if necessary. (I wrote about this seven years ago. I’m probably the only one who remembers, other than Justice Jim Sharp, who in 2012 left a comment threatening to use “plead” as the past tense in a footnote. I seem to have (aided by the authority of OED and GMAU) prevailed on Justice Sharp, who used “pled” in opinions before his comment, and “pleaded” after.) Copyright © 2013 Houston criminal-defense lawyer Mark Bennett. This feed is for…
↧
Assault in the Third Degree...cont
Separate from any criminal prosecution for assault, a victim may pursue civil damages for injuries caused by it. After a determination by a judge or jury that an assault was committed, the next step is to determine what compensation is appropriate. Three types of damages may be awarded. Compensatory damages, such as medical expenses, are meant to compensate for the injury sustained. Nominal damages are a small sum. Nominal damages act as an acknowledgment that a person has suffered a technical invasion of rights. They are awarded in cases where no actual injury has resulted, or where an injury occurred, but the amount has not been established. Finally, punitive damages may sometimes be awarded. Punitive damages may be awarded in particularly egregious circumstances, as a way to further punish the wrongdoer. Punitive damages go above and beyond compensatory damages. A New York Assault Lawyer said that, another issue that I have witnessed both as a prosecutor and criminal…
↧
"Policing Public Order Without the Criminal Law"
↧
↧
Minnesota Task Force Wants Harsher DUI Penalties
A local task force is asking lawmakers to strengthen Minnesota’s current DUI laws in hopes of curbing drunken driving throughout the state. With the first legislative session of the new year less than a week away, the task force is pushing for numerous changes to current DUI statutes. Some of the proposed ideas include: Seizing license plates of all DUI offenders, including first-time offenders. Lowering the BAC level required to impose stronger criminal penalties. Currently, the threshold is typically 0.16 percent, or twice the legal driving limit. Creating stronger incentives for offenders to install ignition interlock devices, which reduce a drunk drivers likelihood of reoffending. A state DWI task force is proposing tougher penalties for Minnesota’s drunken drivers with hopes that they will encourage more offenders to install ignition interlock devices before getting back behind the wheel. Studies have shown recidivism rates are lower for offenders who have the…
↧
What can we learn in Columbus from the Ravens head of security charged with a sex crime?
Even in Columbus, Ohio criminal defense lawyers can learn from accusations of sexual misconduct lodged earlier this week against Darren Sanders, the NFL Baltimore Raven’s chief of security. A criminal complaint filed earlier this week in Baltimore, Maryland alleges he repeatedly groped a 34-year-old woman’s buttocks as they walked down a hallway, and then “pressed his body against her’s and kissed her neck and attempted to force her to grab his (genitals).” If this occurred in Columbus, the allegations against Saunders could be charged as either: (1) Sexual Imposition, an Ohio sex crime involving the touching of another person’s erogenous area defined in Ohio Revised Code Section 2907.06 and usually classified as a third degree misdemeanor; or (2) Gross Sexual Imposition, a more serious Ohio sex crime also involving inappropriate touching but usually involving force defined in Ohio Revised Code Section 2907.05 and usually classified as a…
↧
Appeals Court throws sentence in attempted first-degree murder in Clay County shooting, says man should be sentenced again
A man sentenced to 45 years in prison on an attempted murder charge had his sentence thrown out this month. The court found the state did not present enough evidence to convict the defendant of first-degree attempted murder, according to a report in the Florida Times-Union. The key element of attempted first-degree murder is that the defendant planned and intended to kill the victim, the same premeditation standard that must be proven in a first-degree murder case in which a person is killed. In terms of a sentencing, the charge is likely not going to change much for the defendant. On the surface, it seems important. He is now serving a 45-year sentence in state prison. Attempted second-degree murder is a second-degree felony punishable by up to 15 years in prison, unless a firearm is used, as it was in this Clay County Violent Crimes Case. Then, the charge becomes a first-degree felony and the maximum sentence stretches to 30 years in state prison, with a 20-year minimum…
↧
The Victim Quagmire: The Input of Complainants in Domestic Assault Prosecutions
The Victim Quagmire: The Input of Complainants in Domestic Assault Prosecutions Victims of domestic abuse often find themselves in difficult positions in the Canadian […]
↧
↧
What Is Police Brutality? -INFOGRAPHIC
WHAT IS POLICE BRUTALITY?Minick Law’s new infographic about Police Brutality. Here we explain what it is, how you’re protected by law, and what your options and resources are in seeking justice. If you think you have been a victim of unreasonable force by the police and can prove that you were handled inappropriately, we can help. Call Minick Law today for a free consultation.Share this Image On Your SitePlease include attribution to www.minicklaw.com with this graphic. What Is Police Brutality? -INFOGRAPHIC is a post from: MINICK LAWThe post What Is Police Brutality? -INFOGRAPHIC appeared first on MINICK LAW.
↧
WHAT IS MICHIGAN'S SUPER DRUNK LAW?
There is a relatively "new kid on the block" in the myriad of drinking and driving violations chargeable in Michigan. This newcomer, colloquially referred to as the Michigan "Super Drunk" Law actually took effect on October 31, 2010. Under this law, Michigan drivers who are arrested for operating a vehicle with extremely high blood alcohol content (BAC) face enhanced penalties. Consequently, it is especially important for these individuals to immediately obtain legal representation in order to avoid the stiff penalties following a super drunk DUI conviction. Nationwide, drivers are required to follow the BAC limit of 0.08%, and any person who violates this law can be arrested and charged with driving under the influence. Michigan legislators have taken the law a step further by imposing harsher penalties on "super drunk" drivers who have a BAC well above this limit. State law defines "super drunk" as a blood alcohol content of 0.17% or…
↧
Could California’s Gun Advertising Ban Be Overturned?
In the latest challenge to California’s strict gun laws, Tracy Rifle and Pistol, along with three other gun dealers, are suing in federal court for injunctive relief from California Penal Code Section 26820, which bans gun dealers from advertising handguns for sale in a way that is visible from outside a store.1 The lawsuit asserts that this California law, which has been in effect for 91 years, violates First Amendment freedom of speech. The complaint states that the law prohibits free speech by restricting “truthful, nonmisleading commercial speech promoting lawful products or services…especially when the products or services are themselves protected by other constitutional rights.”2 The complaint, which was filed in the U.S. District Court for the Eastern District, names California Attorney General Kamela Harris, and Stephen J. Lindley, Chief of the California Bureau of Firearms, as co-defendants. In another recent California case, Peruta v San…
↧
District 1 crash Sandpoint Idaho Longbridge
Idaho State Police District 1 The Idaho State Police is responding to a blocking crash on US 95 south of Sandpoint Idaho. This crash is on the Bridge crossing Lake Ponderay commonly know as the Long Bridge. There will be traffic delays on US95 and motorists should avoid this area if possible. It is unknown on how long these delays will exist.
↧
↧
AZ DUI Arrests Decrease for 2nd Consecutive Year
Specific DUI stats from this New Year’s Eve have not been calculated, but an estimated number of DUI’s for the entire year is available. According to an article from prweb.com, there were roughly 27,000 DUI arrests in Arizona 2014. 372 of those arrests occurred over the four-day thanksgiving weekend; in 2013 that number was 424. What time of year do people most commonly commit DUIs in AZ? The period between late November and New Year’s is always when the most DUI arrests are made. In 2012, there were 4,054 arrests made in this time period, and 3,942 were made in 2013. That means that about 12% of all DUI arrests for any given year occur during the holiday season. Comparing DUI Statistics from the Last Three Years In 2014, there has been an estimated 27,000 DUI arrests in Arizona; in 2013, there were nearly 29,000 arrests, and in 2012, there were 32,000. So, the number of DUI’s has been dropping steadily across the state, an occurrence that hasn’t…
↧
Arrested in Jacksonville over the Holidays?
Have You Been Arrested In Jacksonville? The winter holidays are simultaneously a joyous and stressful time of the year. With more parties and family gatherings than any other time of the year, many people often find themselves out of their regular routines and drinking a little bit more than normal. Most of the time, this simply results in funny stories told for years to come but sometimes it can mean being arrested in Jacksonville. Driving under the influence is the most well known of the holiday crimes, but it is not the only one. This holiday season be safe and avoid some of the common holiday pitfalls. Leaving the Scene of an Accident Holiday travel can be chaotic. Tight deadlines, more cars on the road, and bad weather all contribute to an increased accident rate. If you accidentally tap a car in a mall parking lot or are involved in a minor fender-bender, you might be tempted to drive away. Don’t do that. In Florida, leaving the scene of an accident is a…
↧
Natrona County Sheriff’s Office plans to purchase body cams
1-2-2015 Wyoming: OffenderWatch All 23 counties in Wyoming have switched from the old sex offender registry to OffenderWatch as part of a push to have all jurisdictions nationwide using the same program to track offenders. “It has all of the same information but more,” said sheriff's Sgt. John Becker. Using the website, residents can confidentially register their address to be monitored by
↧