NYC Mayor Bill de Blasio has increasingly given the impression that he is prone to simplified political expediency. You know, that he may be the kind of pol who guesses what people want to hear, and then says it, without regard for accuracy, honesty, or commitment . Case in point: de Blasio's "new" get tough policy on civil rights litigation. That it may be new to him does not make it new. Particularly when it was already in place.Following newspaper accounts of a decision by the City of New York to pay Rahim Ullah $5,000 because the police shot him after he threatened the officers with a machete, City Hall announced it will add 30 lawyers and 10 paralegals to the Law Department for the sole purpose of litigating "frivilous" police cases to trial. This, de Blasio claims, is a groundbreaking and novel approach to such lawsuits. At first blush, this might seem to be a purely political act, one de Blasio undertook for no purpose other than to justify a…
NYC's Mayor's Getting Frivolous
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My first band teacher, Harold Fink- 1914-2010
By Fairfax County/Northern Virginia criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting relentlessly for the best possible results for his clients. Practice makes perfect, and I am fortunate that I got comfortable with public speaking and public performance multiple times for years before ever stepping foot in the courtroom. I performed on trumpet for ten years with public school and college bands on stage, in Memorial Day parades, as a bugler one season at summer camp, improvising with a folk rock band, and, in high school and college, playing on the field and in the stands during football games. For many years before college, I performed magic for numerous children's birthday parties. When already a trial lawyer, I joined my former law partner Jay Marks on our weekly Spanish language call-in radio show for the first two years of…
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When They're Hit Over the Head with a Sledgehammer
So Johnny Baca gets a new trial. And the Riverside County District Attorney gets yet another chance, a third, to try and prove that Baca killed a couple of people. This time, perhaps, the prosecutors won't knowingly suborn perjury. Which they did last time.This time, perhaps, a prosecutor won't himself commit perjury. Which happened last time.This time, perhaps they'll do it right. Which hasn't happened before. And, of course, might not happen this time, either. Becvause they really want to convict Johnny Baca. And you gotta think that if the evidence was really good, they might have just relied on it.So maybe the evidence sucks. And maybe this time, maybe, it'll turn out that Johnny Baca is acquitted. Except really, why would we imagine they'd do any better, do it right, this third time?* * * * *If you haven't been following along, this is an update to a post from 10 days ago.…
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Selbstleseverfahren, Band 95
„Wer unschuldig ist, braucht die besten Anwälte“ Ein Auftrag an die Verteidiger Studie über Fahrradfahren unter Alkoholeinfluss: „Mit 1,6 Promille kann man noch fahren“ NSU-Zeugen sollen zur Nebenklage gedrängt worden sein – mit Kommentar v. Friedrichsen Fall Hoeneß II: Strafzumessung nachgemessen Top-Juristin Satenik G.: Qualifiziert, integriert — es fehlt der deutsche Pass Auch Siebenjährige haften, wenn sie mobben Fischer im Recht: Nein, die Welt ist nicht im Konflikt der Religionen JuraXX-Prozess: Pauka von Dreden & Link will neue Kammer durchsetzen Stuttgart 21: Bilder belasten mehr als tausend Worte Fotograf Martin Langer schreibt über Fotoklau im Netz — Hinweis: Wir haben unsere Feed-Adresse aktualisiert: http://www.strafakte.de/feed/ Bitte aktualisieren Sie die Adresse demnächst in Ihrem Feed-Reader, um sicherzustellen, dass Sie auch weiterhin den Feed erhalten. ©…
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The Other Three Officers Said No
John Geer was having problems with his live-in partner of 24 years, Maura Harrington, and started throwing some of her possessions out of the house and onto the lawn. So she called the police. One of the first officers to arrive, Adam Torres, a 30-year-old cop who had been on the force for seven years, pointed his gun at Geer when he announced that he had a holstered gun, which he put on the ground. Even so, Torres kept his gun aimed. Other cops arrived, including Rodney Barnes, a trained negotiator. He developed a rapport with Geer, and the situation de-escalated. John B. Geer stood with his hands on top of the storm door of his Springfield, Va., townhouse and calmly said to four Fairfax County police officers with guns pointed at him: “I don’t want anybody to get shot . . . . And I don’t wanna get shot, ’cause I don’t want to die today.” Then Torres pulled the trigger and killed Geer. Adam D. Torres, shot and…
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Statistics, With Rigor
For those of you who, like me, sat through Statistics 101 thinking that it would be great if there was a long needle within reach so I could stick it in my eye rather than have to sit through any more lectures, much of the discussion about the “1 in 5″ rape epidemic stat that has driven the hysteria upon which evisceration of basic due process rights are grounded is problematic. Sure, we understand basic statistical flaws, such as the lack of random sampling and itty-bitty sample sizes. Or there’s the facile interpretation of responses to conform to the outcome desired by the people conducting the study. Or the problems when definitions are fudged to the degree that “some guy stared at me at a party” becomes “stare rape,” which becomes rape. Or rape is whatever someone decides it is the day after consensual sex. But these are just the surface flaws. We’re not qualified to parse the details with a…
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Breaking News: USCIS to Begin Accepting DAPA Applications on May 19, 2015
In Georgia, there are many undocumented foreign nationals who have been living in our communities and contributing to our society and the state’s economy for years. Unfortunately, for the most part their undocumented status has prevented them from obtaining work authorization, drivers’ licenses, and other benefits. Thankfully, these disadvantages will no longer pose obstacles to these foreign nationals as President Obama’s recently announced executive action specifically provides certain types of immigration-related relief (including work authorization) for many different segments of the undocumented population. The President’s executive action will benefit multiple classes of foreign nationals, including parents of U.S. citizens or lawful permanent residents (green card holders). The program that will help parents is called Deferred Action for Parental Accountability or “DAPA” for short. In breaking news, the…
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What Is a Proof of Claim in Bankruptcy?
Many Georgian families have contacted our office to speak to a bankruptcy attorney about the legal options available to families who, due to the recent economic crisis, are having trouble meeting their monthly debt obligations. These families (or individuals) may benefit from filing for bankruptcy because doing so can greatly help reduce or eliminate many forms of debt such as credit card debt and medical bills. If you or a loved one is considering filing for bankruptcy, you are urged to work with a knowledgeable and experienced attorney who can help you navigate through this often complex and confusing legal process. The bankruptcy law establishes many rules and requirements that people who file for bankruptcy (called debtors) must abide by in order for their case to be successful. Read on for more information about one of bankruptcy’s most important requirements which is called the proof of claim. What is a Proof of Claim? A proof of claim is an…
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Are DWI Courts in Minnesota Working?
A DWI conviction is serious criminal offense… even with harsh penalties such as license suspension, jail time, and hefty fines, however, DWI arrests continue to be a common occurrence throughout Minnesota and the rest of the country. In 2012 alone, over 28,000 drivers in the state were arrested for driving while impaired. Unfortunately, fines and time behind bars are not always the answer for individuals struggling with alcohol or substance abuse. As an alternative, repeat DWI offenders may be placed in one of the state’s DWI court programs. The … [Read more...] The post Are DWI Courts in Minnesota Working? appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Latest Bali Scandal
Another scandal at Kerobokan prison in Bali. Julian Ponder, serving 6 years for possession, while his partner and the mother of his child got one year and is back in Britain, fell in love with the British diplomat assigned to console and meet with... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Chacon on Immigration Detention
Jennifer M. Chacón (University of California, Irvine School of Law) has posted Immigration Detention: No Turning Back? (South Atlantic Quarterly, Vol.113, No.3, 2014) on SSRN. Here is the abstract: Over the past two decades, the US government has expanded immigration...
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SUPER ….WASTE OF TIME
The Super Bowl has become a national holiday, morphing into a world-wide event. Good for the NFL, where players beat their families during their days off while recovering from head injuries that will make them drooling, limping morons at an age most men are tuning up their golf and tennis games. Here is the dirty legacy of the NFL: Chronic Traumatic Encephalopathy, a degenerative brain disease caused by repetitive brain injury resulting from being battered in the head sixteen weeks a year plus practices. The recent list of victims: Chicago Bear Dave Duerson who killed himself in 2011; KC Chiefs Javon Belcher, who killed his girlfriend and then himself last year. And Junior Seau, who killed himself, and was honored yesterday by election into the NFL Hall of shame Fame. Seau's price for admission into the HOF: a decade plus of violent hits that destroyed his brain and drove him to suicide. But, he has…
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Hearing on Lethal Injection Suit
In November, CJLF filed suit against the Secretary of California's Department of Corrections and Rehabilitation demanding that he stop dragging his feet and establish an execution protocol that the state can actually use, given the constraints imposed by existing injunctions. The suit is on behalf of two family members of murder victims, Bradley Winchell and Kermit Alexander.The California Attorney General, representing the Secretary, filed a document called a demurrer. That is, in essence, an attempt to get the suit thrown out at the threshold, saying that even if every fact we allege is true, we still don't have a case. The hearing was last Friday. The day before, Judge Shellyanne Chang issued a tentative ruling, favorable to us on all the major points. After the hearing, she took the matter under advisement, but I saw no indication that anything in the oral argument changed her mind.The California Attorney General is an advocate…
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Super Bowl Open Thread
Or more properly Super Bowl Investment Open Thread. In the main event, I like the East Coast Cheaters (-1) (5 units) (as opposed to the West Coast Cheaters (a word for you Hawks fans - adderall). I also like Tails in the Coin Toss. Before we... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Macomb County DUI
As a lawyer with a vibrant Macomb County DUI practice (my website's URL www.macombduidefense.com is a pretty big clue), I know the differences between all the courts, and, indeed, the differences between the various Judges working in the same courthouses within the county limits. Handling the cases for all the cities, townships and villages in Macomb County are the 9 district courts in Warren (37th district), Eastpointe (38th district), Roseville (39th district), St. Clair Shores (40th district), Sterling Heights (41A district - Sterling), Shelby Township (41A district - Shelby), Clinton Township (41B district), New Baltimore (42-2 district) and Romeo (42-1 district). Felony (3rd offense) DUI cases are decided in the Macomb County Circuit Court in Mt. Clemens, directly across the street from my office. While each court is different, and every Judge unique, the one unifying factor that is the hallmark of the entire district and circuit court structure of Macomb County,…
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"Why Judges [and criminal case decisions] Tilt to the Right"
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Case o' The Week: The Ninth Gets "Definitive" - McElmurry, FRE 103(b) / 403, and In Limine Rulings
“[T]he record, briefs and argument establish the district court admitted the evidence without reading it or listening to it.” United States v. McElmurry, 2015 WL 305274, id. at *6 (9thCir. Jan. 26, 2015), decision available here. So, question presented: must a district court review the evidence before determining its admissibility under FRE 403? Read on. Players:Decision by Judge Kleinfeld, joined by Judge Reinhardt and (partially by) Judge Christen. Nice victory for (former) ED Cal AFPD John Balazs. Facts: McElmurry was convicted in a jury trial of possession and distribution of child pornography. Id.at *1. The government introduced statements that McElmurry had made four years earlier, in a separate state case. Id.at *3. Those (old) recorded statements admitted an child porn “addiction” and detailed McElmurry’s possession of child porn. Id. The government also introduced a letter McElmurry had…
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Seemingly without a "grim roster of victims," California reduces extreme prison crowding as ordered in Plata
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Solicitation Charges in Las Vegas
Solicitation Many people, particularly those who are visiting Las Vegas, are under the misapprehension that prostitution is legal here. This mistake may lead to a solicitation arrest. For the accused, the situation is embarrassing. They want to make little fuss with the hopes that the whole situation will go away. The reality is that charges of solicitation are rarely this simple. In addition, a conviction can lead to serious consequences. That’s why the services of a qualified criminal defense attorney are crucial. An attorney is a skilled negotiator who is highly familiar with every facet of Nevada solicitation law. It may be possible for a defense attorney to get the charges against you reduced or dismissed. If you need help with solicitation charges in Las Vegas, contact the experts at Potter Criminal Defense. They can be reached at (702) 997-1774.
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Non-Accountability, or Why Things Never Change
In mid-January, a jury in Brooklyn's Supreme Court returned a verdict in favor of Christopher Graham in the amount of $3.95 million. The number ought to rise about $4 million once legal fees and costs are considered. According to the NY Daily News, Graham, a Chaplain with the State Department of Corrections alleged that he was assaulted by police when they responded to a call at his apartment. He claimed that the officers deliberately twisted his leg until it broke, and then beat him some more, pulling his dreadlocks from his head, slamming him to the floor, and standing on his face and head. Graham also noted that the officers did not know what he did for a living until after the fact.The Brooklyn jury deliberated for just 50 minutes before finding the officers and the City liable. For those of you unfamiliar with jury turnaround times, that is fast. It means that there was no doubt whatsoever in the jury's mind that the officers had done just what Graham said they…
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