Carissima Mathen (University of Ottawa - Faculty of Law (Common Law)) has posted Reflecting Culture: Polygamy and the Charter (Supreme Court Law Review, 57, 2012) on SSRN. Here is the abstract: The Canadian Charter of Rights and Freedoms states as...
Mathen on Polygamy
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Rhode Island State Rep. pushes new sex offender bill (SORNA)
2-25-2013 Rhode Island:
PROVIDENCE, R.I. (WPRI) -- A state Representative has introduced a bill that would create a much more rigid sex offender registry in Rhode Island.
State Rep. Peter G....
[[This,an article summary.Please visit my website for complete article, and more.]]
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Interstate 84 blocked 59-90
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 846-7550
Fax (208) 846-7520
For Immediate Release: February 25, 2013 11:00 p.m.
Please direct questions to the District Office
Interstate 84 is currently blocked both directions between Boise and Mountain Home. All traffic is being diverted at exit 59 (Eisenman) and at exit 90 (Mountain Home) , due to weather and multiple slideoffs.
Updates will follow as it becomes available.
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Rollover Crash Blocks Interstate 15 near Blackfoot
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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Idaho State Police
District 5 5205 South 5th Ave.
Pocatello, Idaho 83204-2299
(208) 236-6466 FAX: (208) 236-6068
For Immediate Release: 02/26/2013 at 12:05 a.m.
Please direct questions to the District Office
On February 25, 2013, at approximately 8:00 p.m., the Idaho State Police investigated a rollover injury crash on Interstate 15 at milepost 90.5, near Blackfoot. Britton Huycke, age 45, of Costa Mesa, California was traveling south in a 1998 Mercury Mountaineer when he approached slower traffic. Huycke then turned his vehicle left, rolling his vehicle and came to rest in the median. Huycke was transported by ground ambulance to Bingham Memorial Hospital.
The southbound left lane of travel was blocked for approximately one and a half hours. Huycke was wearing his seatbelt. The crash is under investigation by the Idaho State Police.
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Interstate 84 blocked 59-90 *update*
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 846-7550
Fax (208) 846-7520
For Immediate Release: February 25, 2013 11:00 p.m.
Please direct questions to the District Office
****Update****
The Eastbound lanes of Interstate 84 are now open. Westbound is still blocked at milepost 90.
**previous**
Interstate 84 is currently blocked both directions between Boise and Mountain Home. All traffic is being diverted at exit 59 (Eisenman) and at exit 90 (Mountain Home) , due to weather and multiple slideoffs.
Updates will follow as it becomes available.
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Staatsanwaltschaft hat Ermittlungen gegen ZDF-Fernsehrat aufgenommen
Die Berliner Staatsanwaltschaft ermittelt gegen ein Mitglied des ZDF-Fernsehrates. Dieses soll Sozialbeiträge nicht ordnungsgemäß abgeführt haben. Der Beschuldigte ist Vorsitzender der Vereinigung der Opfer des Stalinismus, gegen dessen gesamten Vorstand jetzt ermittelt wird. Konkret geht es um eine Beschäftigung eines früheren MDR-Moderators beim Verband. In einem zivilrechtlichen Rechtstreit stritten sich die Parteien um die . . . → Read More: Staatsanwaltschaft hat Ermittlungen gegen ZDF-Fernsehrat aufgenommenÄhnliche Beiträge:Verdacht auf Bestechung und Untreue: Razzia im RathausWeitere Ermittlungen gegen Porsche-VorständeStaatsanwaltschaft ermittelt wegen Untreue gegen…Untreue: Staatsanwaltschaft klagt DJV-Chef anStrafanzeige wegen Untreue gegen Manager nach…
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HOME SWEET HOME
The Richard E. Gerstein Justice Building. For years, until the death of the former State Attorney, it was just known as The Metro Justice Building- MJB.Some love it. Others, like film maker Billy Corbin, come away from their first exposure to our humble abode shaken and a bit weak kneed. It's fashionable to trash our old courthouse. No longer the belle of the ball, she sits un-admired and scorned like a wizened southern deb wearing a hat a few decades out of fashion. Three new Federal Courts have risen in downtown Miami while the MJB plugged away; even Broweird has a new Courthouse, albeit one staffed by the same tired old Judges. West Palm has a magnificent edifice to justice. And the Orange Bowl has come and gone and been replaced by a new Marlins Stadium. All the while the MJB has taken in the expanding Miami justice system-squeezing in a new courtroom here- a small chamber for a judge there. For many years the PDs were on the eighth floor while the State Attorney's had offices on six and nine. Who remembers the old fishbowl in front of the elevators on six? But our courthouse was not always an aging embarrassment. With a very big hat tip to the Random Pixels Blog we present to you "Taj Metro" Miami News Editor Bill Baggs presented a decidedly different view of the new criminal courthouse when construction was completed on the eight million dollar courthouse in 1962. Baggs raved about the 250 foot long pool gracing the front of the building: he speculated that then UM hotshot QB George Mira could not throw a football the length of the pool. The interior of the courthouse had a glass mosaic from Mexico and marble from Italy. The marble of the pool was "Etowah Pink Marble from Georgia." And the courthouse was roomy! Baggs speculated that the Green Bay Packers could safely scrimmage in the hallways. Why no reference to the hometown Dolphins? They weren't in existence when our courthouse opened. Don Shula was an unknown name, as was Bob Griese, Mercury Morris, and Larry Csonka. Dan Marino wasn't even a twinkle in the eyes of his parents who hadn't even met yet. Just how swank was our new courthouse? Not only did every county official want an office in the new place, but according to Baggs "The walls inside the White House are not nearly as elegant..." And this was a White House being restored by Jackie Kennedy at the time. The courtrooms on the second floor were an awe inspiring "two stories high" inviting some infighting among the various judges to secure a prestigious venue from which to adjudicate the day's calendar. Just how big was this amazing courthouse? The ninth floor remained vacant when the courthouse opened. Baggs wondered whether a nine hole golf course would be installed?The entire article is below for you to read. Just remember that she may be a bit tattered and aged, but this old gal has served our community well for fifty one years. See You In The Court we have loved more than any other. ![]()
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SUPREME COURT RULES PLAIN ERROR MAY OCCUR AT TIME OF APPEAL
The general rule is that an appellate court does not consider an issue unless an objection was made in the trial court. The one exception to the rule is where there is plain error. Plain error is defined as:
(1) there is “an error,” (2) the error is “plain,” . . .(3) the error “affect[s] substantial rights.” . . . [and](4) . . . “the error ‘seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.
Last week the Supreme Court faced a contradiction between two rules over the application of the plain error rule. The question is must the error be “plain” at the time of the trial court decision or can it be “plain” at the time of the appellate court decision. One rule is that the failure to object to an error waives the right to appeal the error. A second, and somewhat contrary rule, is that appellate courts decide matters as of the date of the ruling on appeal.
The trial court sentenced Armarcion Henderson to an above guidelines sentence of 60 months in prison for possession of a firearm by a convicted felon in June 2010. In doing so the court said that the sentence would allow Henderson to get drug treatment while in custody. The following year the Supreme Court decided Tapia and ruled that a judge could not lengthen a sentence for the sole reason of getting a defendant drug treatment in prison. Later in 2011 the Fifth Circuit Court of Appeals heard and denied his appeal. He then appealed to the Supreme Court. At the time of his sentence the status of increased sentences for drug treatment sentences was in flux and therefore it was not plain error. But by the time his appeal was heart the Supreme Court had ruled on Tapia and it was plain error to increase a sentence to get a defendant drug treatment.
The Supreme Court ruled that plain error occurs at the time of the appeal is decided and therefore it remanded the case for resentencing. The law allows appellate courts to consider errors that were plainly correct at the time of the trial court ruling and cases where the errors were plainly incorrect at the time of the trial court ruling. Therefore the Supreme Court could see no reason for appellate courts not to consider cases where the law was in flux at the time of the trial court decision and became plain prior to the appellate court decision.
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Because It's Only "Unreasonable" Searches and Seizures
<font style="FONT-SIZE: 12px" face="arial">While not the only amendment in the bill of rights of importance to criminal defendants, it's certainly the one the generates the most litigation by a
mile. The Fourth.<br>
<br></font>
<blockquote><font style="FONT-SIZE: 12px" face="arial">The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, ...</font></blockquote>
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Interstate 84 blocked 59-90 *update 2*
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 846-7550
Fax (208) 846-7520
For Immediate Release: February 25, 2013 11:00 p.m.
Please direct questions to the District Office
****2nd Update****
The left lane from westbound milepost 90-59 is now open. The right lane is still blocked. Expect delays.
****Update****
The Eastbound lanes of Interstate 84 are now open. Westbound is still blocked at milepost 90.
**previous**
Interstate 84 is currently blocked both directions between Boise and Mountain Home. All traffic is being diverted at exit 59 (Eisenman) and at exit 90 (Mountain Home) , due to weather and multiple slideoffs.
Updates will follow as it becomes available.
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What Sam Ponder Said
<blockquote><font style="FONT-SIZE: 12px" face="Arial">You've got African-Americans, you've got Hispanics, you've got a bag full of money. Does that tell you — a light bulb doesn't go off in
your head and say, This is a drug deal?<br></font></blockquote>
<p>Tell the truth. There are plenty of you out there who are thinking to yourselves, "well, yeah. Duh." It's just like that old joke, "what do you call four black men in a Cadillac? Grand theft
auto!" Because that's what blacks and hispanics do. They're mostly criminals. ...</p>
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KS: Drug tax is likely subject to the exclusionary rule
On summary judgment, assessment of a drug tax is likely subject to the exclusionary rule, too, for the illegal search of claimant’s vehicle. In re Tax Appeal of Burch, 2013 Kan. LEXIS 81 (February 22, 2013).*
The district court did not err in dismissing plaintiff’s complaint that police officers entered his house without exigent circumstances and broke into his bathroom to disarm him. Brown v. Calicchio, 2013 U.S. App. LEXIS 3842 (11th Cir. February 25, 2013).*
Plaintiff’s civil case against officers for allegedly using false information to have a search warrant issued was properly dismissed without comment for the reasons given by the district court. Shepherd v. Sheldon, 2013 U.S. App. LEXIS 3816, 2013 FED App. 0190N (6th Cir. February 21, 2013).*
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U.S Supreme Court Declines to Extend Officer’s Detention Authority Incident to Execution of Search Warrant Beyond Immediate Vicinity of Premises
In Michigan v. Summers, 452 U.S. 692 (1981), the U.S. Supreme Court upheld an officer’s authority under the Fourth Amendment to detain—without reasonable suspicion or probable cause—people at a residence where a search warrant is being executed. The defendant in Summers was detained on a walkway leading down from the front steps of a house [...]
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Committees begin to hear criminal justice bills
Texas legislative committees are finally beginning to consider bills, with the first criminal-justice related legislation up for hearings today and tomorrow.This morning at 8:30 a.m., the House Insurance Committee will hear HB 361 by Anchia which would expand the ability of exonerees to purchase health insurance at state rates to their spouses and dependent children. Anyone with a family knows that having everyone covered under the same insurance policy makes lots of sense, and since exonerees are paying for the insurance out of their own pockets, there would be no fiscal impact. This is a small bill, but it's surely important to exonerees, a couple of whom I believe are coming to town to testify.Later on, at 10:30 a.m. or after the full House adjourns, the Criminal Jurisprudence Committee will consider legislation for the the first time, though only three bills are up in their first session.HB 61 by Guillen is an enhancement for arson, boosting penalties from a second to a first degree felony for setting fire to an agricultural facility or a state park. Readers already know how I feel about enhancements: If the prospect of a second degree felony won't deter someone, changing it to a higher penalty - that most offenders will never know was altered until they're charged - won't increase that deterrence. The bill's "fiscal note" was deemed insignificant, though that's not really true. With prisoner health costs alone at more than $9 per day, any extra inmates incarcerated for longer stretches will cost the state more money in the long run.HB 153 by Taylor alters definitions in the law banning sale of firearms to intoxicated persons, deleting a more general definition and adopting the same one used for drunk drivers, including a BAC level of .08. The change seems mostly nonsubstantive, though it slightly broadens the scope of firearm sale prohibition. It's unclear to me how gun sellers are supposed to know if someone's BAC is at .07 vs. .09.HB 70 by Fletcher is perhaps the most substantive of the three, changing what attorneys refer to as "The Rule" to allow one, designated prosecution witness who may be in the courtroom while others testify. Traditionally, witnesses aren't supposed to be in the room so their testimony won't be tainted by what they hear from others. If the designated witness getting to attend the hearing is a police officer, that person would be forbidden from wearing their uniform in court. The defense side, of course, would not be afforded the same privilege. Houston defense attorney Paul Kennedy last session argued that the bill is "a solution for a problem that doesn't exist. The only purpose is to make it easier for the state to obtain convictions."Tomorrow, the House Corrections Committee will hear bills for the first time. They too have just three bills on the agenda.HB 144 by Raymond expands the scope of "mental examinations" of juvenile offenders to include diagnosing substance abuse.HB 431 by Riddle (which seems like it ought to have a fiscal note, though as of this writing one hasn't been posted) would expand the categories of offenders ineligible for release under "mandatory supervision," a category which only includes offenders convicted many years ago before the Lege modified "mandatory supervision" to become (oxymoronically) "discretionary mandatory supervision" if the offense involved a child victim. That's already the case for the most serious offenses. Riddle's bill would expand the prohibition to second and third degree felonies, forcing TDCJ to incarcerate those individuals longer. Hard to see how that wouldn't have a budget impact.HB 634 by Farias would require TDCJ to verify inmates' veteran status via lists held by the Health and Human Services Commission and assist them (presumably upon reentry) with applying for benefits for which they may be eligible from the federal Department of Veteran Affairs. The fiscal note says there would be one-time automation costs to perform this function but suggests the duties could be absorbed in the agency's current budget.And of course I'd already mentioned that the House Transportation Committee today will consider bills related to banning texting and/or talking on a cell phone while driving.The game is afoot!
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The Dog DID Bark!
The other day in Stafford General District Court, I overheard a dog barking case that caught my attention. The defendant in the case was charged with allowing her dog to bark too much in violation of the County’s noise ordinance. She represented herself and pleaded not guilty. Her defense essentially was that the dog barks, [...]
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SEC and FBI Try to Ketchup to Heinz Insider Traders
In the latest development in an SEC lawsuit filed Friday, February 15, U.S. District Judge Rakoff extended a freeze on a Swiss Goldman Sachs account linked to possible insider trading in H.J. Heinz Company call options. The complaint alleges that these options were bought for $90,000 the day before the ketchup maker agreed to be [...]![]()
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34-year-old Comstock Park Man Faces Multiple Charges Following Crash While Driving With Son on Lap
On Saturday February 23, a Comstock Park man crashed his vehicle into a tree on South Nevins Road in Sidney Township; the 34-year-old man was allegedly driving with his son, who is four years old, on his lap. Police pursued the man for a short while; after apprehending him, police say the man got into a fight with a sheriff's deputy, leaving the deputy injured. The suspect faces multiple charges according to news reports at Mlive.com.
The suspect refused to pull over when the sheriff's deputy began pursuing him after noticing heavy front-end damage on the man's 1994 Chevrolet Suburban. The suspect eventually stopped upon arriving at his mother's home on South Nevins. A fight began after the suspect refused to comply with the deputy's order; the man was arrested and charged with driving on a suspended license, fleeing and eluding, transporting open intoxicants, resisting and obstructing, and child endangerment. Police believe that the suspect had been consuming alcohol, which contributed to the accident. The little boy was not injured in the crash, although the seat belt was not used. Reports at Wood TV claim that the boy was driving the SUV when the crash occurred.
News reports state that police reports regarding the incident will be forwarded to both child protective services and prosecutors, and that the suspect may face additional charges.
Michigan criminal defense attorneys know that individuals charged with fleeing and eluding, child endangerment and other criminal offenses face serious penalties if convicted. Because the suspect in this case was charged with driving on a suspended license, he will likely face an extended period of suspension. In Michigan, individuals accused of this offense may face fines, jail time, and a like-kind suspension that essentially doubles the original length of suspension.
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Florida Supreme Court Upholds Denial of Postconviction DNA Testing – Zeigler v. State
The advent of DNA testing has revealed that a surprisingly large number of people convicted of serious crimes were wrongly convicted. This most often takes place in cases that were finished before the advent of DNA testing, which means some of the defendants had been in prison, or even on Death Row, for decades before the technology was available to free them. However, courts have sometimes been reluctant to allow post-conviction DNA testing, believing that the courts’ time should not be spent on “hail Mary” DNA testing requests. I was disappointed to see that the Florida Supreme Court denied a request for DNA testing in Zeigler v. State, a capital murder appeal that grew out of a 1976 case. The court ruled that DNA testing would be pointless because the evidence sought by William Thomas Zeigler couldn’t change the outcome of his murder case.
Zeigler was convicted of the murders of his wife, Eunice Zeigler; a friend, Charlie Mays; and his in-laws, Perry and Virginia Edwards. His two death sentences were reaffirmed on appeal. He requested and received DNA testing in 2001, which found no blood of Perry’s on Zeigler’s clothing but Perry’s blood on Mays’s clothing, corroborating his testimony that Mays was a perp rather than a victim. He moved to vacate his sentences and for more testing, which was denied. At issue here is a further request for DNA testing in 2009, which he believed would show that Perry’s blood was not in Zeigler’s clothes; that it is on Mays’s clothes; and that he did not beat Mays. This would discredit a state’s witness and demonstrate that Mays was the perpetrator, he said. After the circuit court denied the request, Zeigler filed the instant appeal.
The Florida Supreme Court found that Zeigler’s request was barred by collateral estoppel, and also denied it on the merits. It found collateral estoppel applies because Zeigler’s theories about who really did the killings had been rejected in previous appeals. The high court noted that it had already ruled that absence or presence of different people’s blood on different people’s clothes did not establish that Zeigler wasn’t the killer. The Supreme Court went on to rule that Zeigler’s current arguments hold no more merit than the previous ones because he hasn’t demonstrated how more DNA testing could create a reasonable probability of an acquittal or lesser sentence. Movants for DNA testing must explain how the testing will do one of those. Because all stains on the clothes would need to be tested, and because a struggle could have smeared blood on both Mays and Zeigler, the court said, testing would not establish who was the perpetrator. Nor did Zeigler support his arguments for testing of Eunice, the court said. Thus, it upheld the denial of further testing.
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N.D.Ind.: Defendant's alleged attempt at withdrawal from conspiracy before arrest didn't nullify probable cause
The DEA had probable cause to arrest defendant for attempt to commit drug possession. The fact he didn’t show up for the last piece of the transaction as an alleged attempt to withdraw didn’t nullify the probable cause [that was more a question for trial]. United States v. Jones, 2013 U.S. Dist. LEXIS 25021 (N.D. Ind. February 25, 2013).*
Officers had reasonable suspicion the juvenile on a bicycle was the source of gunfire when they stopped him after two others said he was. When stopped, he found it amusing and said it was firecrackers, and that only added to the reasonable suspicion. T.H. v. State, 2013 Ohio 609, 2013 Ohio App. LEXIS 554 (10th Dist. February 21, 2013).*
The question of whether somebody has a right to be told they can refuse consent was not presented to the trial court so it is waived. [Arkansas wouldn’t adopt that rule anyway.] Kinard v. State, 2013 Ark. App. 103, 2013 Ark. App. LEXIS 124 (February 20, 2013).*
The government showed that the inventory was subject to standard procedures of the Austin PD, and the officers did not have to accede to defendant’s attempt to have his car taken by a passerby. United States v. Rodriguez, 2013 U.S. App. LEXIS 3643 (5th Cir. February 21, 2013).*
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Another big SCOTUS criminal justice day on tap
As reported in this prior post, yesterday proved a notable SCOTUS day for fans of intricate federal criminal procedure (though likely for few others). But today is one I had long noted on my calendar because these two cases (summaries/previews...
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More Pages to Explore .....
