In this interview at CNN, Justice Ruth Bader Ginsburg explains why she dozed off during President Obama's State of the Union Address.I really can't blame her. If I had to listen to President Obama for an hour, I would want a snort or three myself. Scalia, J., concurs.See also this article at the Washington CBS affiliate and this article by Robert Barnes at the WaPo.
Preventive Medicine
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What Our Typical Mornings Are Usually Like
The post What Our Typical Mornings Are Usually Like appeared first on Cook & Cook Law Firm, PLLC.
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Duhs v. Capra: Judge weinstein weighs in on statements by children
Several readers have pointed out to me Judge Weinstein's decision last week in Duhs v. Capra. I've been meaning to post a link, and here it is. At 93, Judge Weinstein can still write faster than I can read.Like Ohio v. Clark, this is a physical-abuse case involving a statement by a three-year-old who did not testify at trial. Judge Weinstein -- on habeas, no less -- holds that the statement was testimonial and that its admission violated the Confrontation Clause. He acknowledges that the child would not realize that his statement to a doctor might be used in a later legal proceeding, but he says that the child could realize that the statement would lead to his father's punishment.I think Judge Weinstein is too hasty in that latter conclusion, and for all the length of the opinion, he provides no empirical support for it. I wish that he had considered the approach presented by Steve Ceci and me in our amicus brief in Clark and in our…
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Florida Attorney's DUI Checkpoint Advice
A Florida attorney has a recommendation for dealing with DUI checkpoints. He says that individuals should place their license and registration up to their window with a flyer saying that they have no comment, will not permit a search, and want a lawyer. Warren Redlich and an associate, Jeff Gray, have created a website, posting videos of their interactions with police at DUI checkpoints. The video from December 31, 2014, has been viewed more than 2 million times. It was filmed at a checkpoint in Levy County, Florida. The video shows Gray stopping at the checkpoint and displaying a flyer stating, "I remain silent. No searches. I want my lawyer," along with his license, registration and insurance card in a plastic bag dangling out of the barely open window. The officer examines the documentation with his flashlight and allows Gray to drive through the checkpoint. The Broward County Sherriff's Office stated that Gray was allowed to go through the checkpoint…
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CCJRC is working to create change
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Chicago Man Charged with Arson on Red Line
A Chicago man was charged with arson last week for allegedly throwing a lit matchbook into a recycling bin in an El station before boarding his red line train. Chicago Arson Defense Under Illinois law a person commits arson if he knowingly damages another person’s personal property, if that property is valued at $150 or more. Arson is a specific intent crime, which means that the prosecution must prove that the defendant knew that his actions would cause a fire, or intended to do so. So “knowingly” is an important element of every arson charge. Without it, the prosecution has no case and the charges must be dropped or a not guilty verdict handed down in court. When building a defense in an arson case, it is important to consider not only the defendant’s actions, but any other factors outside of the defendant’s knowledge that could have caused the property to burn. Evidence that would go against an arson claim include: Whether the defendant knew…
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Field Sobriety Tests - Set Up For Failure
Imagine you are driving home. It is late at night. You had a few beers watching the game at the local bar. You were careful not to exceed "your limit." You feel fine when you pay your tab and leave the bar. You don't recall fumbling for your keys in the dark. You just want to get home safely. It doesn't occur to you that you maybe shouldn't have had that last beer. You're safe, right? The bar is only a short distance from your house. Although typically a careful driver, you are "hyper-sensitive" about obeying all traffic laws. You stay within the speed limit. In fact, you drive slightly under the speed limit so as to escape any unwanted attention by law enforcement. You spot a police car in front of you and to your right. You don't want to pass the car, but it seems the police car is practically parked in its lane. You say a small prayer and decide to pass the police car. In so doing, you look up at your rearview…
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FBI Announces San Diego DMV Hearing Officer Pleads Guilty to Bribery in Federal Court, Part 2
Last week I wrote a blog post about the former San Diego Safety Officer (DSO, Hearing Officer) pleading guilty to bribery charges in federal court. Also, there was a brief discussion of the environment in which the DMV APS hearing takes place. APS stands for Administrative Per Se- which refers to the .08% BAC DUI license suspension. Because hearing officers are not lawyers, they are not regulated by the state. The appellate review process is extensive and expensive, so there is not a large body of law to guide hearing officers towards the right decision. By default, the right decision is to suspend the driver's license. From the point of view of the lawyer, it can be very frustrating. In this blog post, some of those frustrations will be discussed. In a DMV driver license hearing, all the hearing officer needs to prove is that three elements were met: that the driver was “driving” (put behind the wheel); that the driver was found to be greater than .08%; and…
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Alper on The Execution Drug Shortage
Ty Alper (University of California, Berkeley) has posted The United States Execution Drug Shortage: A Consequence of Our Values (Brown Journal of World Affairs, 2014) on SSRN. Here is the abstract: The recent inability of states to obtain drugs for...
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A Bizarre Situation with a Predictable Ending
Kent noted the on-again-off-again resignation of Gov. John Kitzhaber or Oregon. It just got off again, this time it seems for good.Oregon Gov. John Kitzhaber announced his resignation Friday, after alleged ethical breaches involving his fiancee prompted a criminal investigation. Just months after being re-elected to a fourth term, Mr. Kitzhaber, a 67-year-old Democrat, bowed to mounting pressure to resign after media reports that his fiancee, first lady Cylvia Hayes, was allegedly being paid to represent an array of interest groups at the same time she was helping formulate policies in his administration that involved those groups. Oregon has no office of lieutenant governor, so Mr. Kitzhaber will be succeeded by another Democrat, Secretary of State Kate Brown.The Wall Street Journal has the story.
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Internet Crimes
Internet (Web) Crimes As the Internet has become a more prevalent part of modern life, so has online crime. The Nevada court system aggressively pursues individuals who are accused of committing Internet crimes. Accordingly, it is important for defendants to move quickly to hire experienced legal counsel. Internet crimes come in many forms. Common charges involve hacking, identity theft and cyber-stalking. Other people may be accused of distributing a harmful virus or exploiting others. Regardless of the specific charges, it’s safe to say that the courts are cracking down on Internet crime. Because the court system is becoming increasingly aggressive, it’s necessary to hire a Las Vegas legal defense team that is singularly dedicated to protecting your rights.
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RETURN OF THE SOUTH FLORIDA CRIMINAL LAWYERS BLOG
To my faithful dear reader (whomever you may be), let me update my terribly outdated blog. During my hiatus from blogging, there has been no shortage of news stories pertaining to criminal law and justice throughout South Florida and the United States, and I have been unfortunately delinquent in covering these developments. So here it goes. THE MICHAEL BROWN CASE In my last blog post, I discussed the shooting of Michael Brown. When I wrote the article, we only had a clouded understanding of the facts. We knew: (1) an officer stopped Michael Brown for jaywalking; (2) Michael Brown was unarmed; and (3) that the officer fatally shot Michael Brown. We also knew that the officer alleged that Mr. Brown grabbed for his gun. At the time, I wrote: "What has been reported from eyewitnesses of the shooting suggests that the police fatally overreacted to a show of disrespect." I also cautioned: "We should wait until a full investigation is completed before drawing…
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Thoughts on Clark: If L.P. were grown up
Here are some thoughts on the Clark case prompted by reading the reply brief. For those who are not yet familiar with the facts of the case: L.P., a boy not yet 3½, came to preschool with marks on his face suggestive of physical abuse. Ultimately, when asked by a school administrator, he said something to the effect that “Dee” – Clark, his mother’s boyfriend – had caused the injuries. L.P. was deemed in competent to testify at trial, but the trial court admitted evidence of his statement identifying Clark. The Ohio Supreme Court held that this violated the Confrontation Clause. In this post I will address issues that I hope the Supreme Court doesn’t reach in Clark. These are issues that have nothing to do with the fact that the declarant, L.P., was a very young child. So let’s suppose that L.P., instead of being just three years…
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TOUGH LUCK
It's a long way from the hallowed halls of clerking for a federal judge and the appellate division of the US Attorneys Office to the rough and tumble of the REGJB. Some people can take the rough and tumble and others crumble and flee for civil court or a quiet practice in a big firm. Judge Luck earned his stripes On Thursday when a mentally ill defendant attacked him and gave him a scratch and a lump on the back of the head. Tough Luck. Ricardo Garganelly. Unlucky. Attacked Judge Luck. The Herald and Ovalle have the article here. After the attack, Luck went to the sidelines where the trainer gave him some smelling salts, cleaned him up and then the Judge re-took the bench. Luck is tough. But tough in a good way. We're glad the judge is OK. He's been on the bench a while now, and in fact he has a campaign website up and running here for his retention which we heartily endorse. But you're never really an…
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California's Death Penalty, Like Pennsylvania's, Is "Ineffective, Unjust And Expensive" (Only Moreso)
Governor Tom Wolf has imposed a moratorium on executions in Pennsylvania pending review of a task force report, stating that capital punishment “has been proven to be ineffective, unjust, and expensive." Pennsylvania has 186 inmates on death row, and has executed three men since the death penalty was reinstated. Former federal judge Timothy K. Lewis, who consulted with the Governor regarding the power to impose a moratorium stated that "at a minimum, we must take a step back to examine the effectiveness of a system fraught with racial disparity, constant reversals, and the infinite warehousing of prisoners who await a punishment that hasn't been imposed in our State in 15 years."California has strikingly similar problems but on a far larger scale. Death sentences are more likely to be imposed not based on the severity of the crime but on race, county and the effectiveness of defense counsel. Approximately 750 men and women…
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Innocence Project: Stop March 5th Execution of Rodney Reed; New Evidence Proves He's Innocent
Late Thursday, the Innocence Project filed a motion before a Texas court urging that it stay death row inmate Rodney Reed's execution-scheduled for March 5-and order a new trial based on new evidence pointing to his innocence. According to the motion, three respected forensic pathologist have recently reviewed evidence in connection with the case and concluded that the victim, Stacey Stites, was murdered much earlier than the prosecution claimed at trial, that she was killed in a different location and that her body was taken to the location where it was found by a land appraiser on the side of the road in the afternoon of April 23, 1996. The motion also includes affidavits from two of Stites' former co-workers who corroborate Reed's claims that he was having a clandestine romantic relationship with Stites. Reed, who is black, maintains that they kept the relationship private because it was an interracial relationship in a small Texas community and because…
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Washington Post Series Examines Destructive Path of Bite Mark Analysis
In the first part of a four-part series to be continued next week, the Washington Post writes about the use of bite mark analysis in criminal cases and how this deeply flawed practice has contributed to the wrongful convictions of people in the United States for several decades. One of the cases featured in the article is that of Innocence Project client Gerard Richardson, who in 1995 was convicted of killing a 19-year-old woman in New Jersey based on evidence bite mark evidence presented by Dr. Ira Titunik. At trial, prosecution insisted that Richardson was the perpetrator because Dr. Titunik testified that Richardson was the sole source of a bite mark found on the victim by medical examiners. Although no physical evidence linked Richardson to the crime scene, Titunik was able to convince the jury that Richardson was guilty. He was sentenced to 30 years in prison. It wasn't until late 2013 that the state of New Jersey admitted that it had put the wrong man in jail…
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Gerstein on Counsel at Bail Determinations
Charlie Gerstein has posted Plea Bargaining and the Right to Counsel at Bail Determination (Michigan Law Review, Vol. 111, No. 1513, 2013) on SSRN. Here is the abstract: A couple million indigent defendants in this country face bail hearings each...
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Idaho State Police Arrest Man After Foot Pursuit Through Boise Neighborhood
IDAHO STATE POLICE NEWS RELEASE Teresa Baker Public Information Officer Headquarters 700 S. Stratford Dr., Meridian 83642 (208) 884-7122 Fax (208) 884-7087 For Immediate Release: 2/13/14 at 5:55 p.m. MERIDIAN - On Thursday, February 12 at about 9:51 p.m., an Idaho State Trooper activated his emergency lights to stop a silver 2000 Jeep Wrangler traveling in the opposite direction on Owyhee Street near Overland Road in Boise. Before the trooper could turn his patrol car around to make the traffic stop, the driver of the Jeep, later identified as Steven Tyler Page, 32, abandoned the vehicle and fled into the yard of a nearby house. The trooper pursued the suspect on foot over fences and through several backyards. Other troopers and officers from Boise Police Department arrived and assisted in the search. During the pursuit Page dropped a gun in one of the yards that was later recovered by police. Page was eventually located by officers hiding behind a bush in a yard in…
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How Dumb Do They Think We Are?
Newsflash: Incapacitating people who commit crime has no effect on the amount of crime committed.Do you believe that?A far left advocacy group, the Brennan Center, wants you to. The press release from their latest propaganda (heralded, as ever, as a "study") states:Increased incarceration had some effect, likely in the range of 0 to 10 percent, on reducing crime in the 1990s. Since 2000, however, increased incarceration had a negligible effect on crime.Convincing the public that there is little or no relationship between the increased incarceration of people who commit crime and the massive crime reduction over the last quarter century is key to the efforts of the pro-criminal lobby to sell miniaturized sentences (which they understandably call by the opaque name "sentencing reform"). The lobby knows by now -- in part because of its humiliating failure in Congress to pass the Smarter Sentencing Act -- that the…
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