Life isn’t always fair, but Carnell Alexander expected that a judge in Michigan would right the wrong. As he described it: “How can you start a case with a lie? The mom lied. The process server lied. Now I have to pay for it.” In 1987 a young woman gave birth to a child. In order to get welfare funds from the government she was obliged to fill out a form indicating who the father of her child was. She named Carnell Alexander as her child’s father. She then filed a court action alleging he was the father and sought child support. A process server was hired to personally deliver the court documents to him, as was required by law. A court hearing took place but Carnell Alexander wasn’t there. He was in jail serving time for a juvenile offence. Later in the early 90’s Carnell was checked in a routine traffic stop and advised there was a warrant for his arrest. The police officer told him he was a “deadbeat dad”. You can imagine his…
Judge’s Child Support Ruling Goes Viral
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Prosecutors take death penalty off the table, man pleads guilty to murder charge
A Jacksonville man on trial for murder took a plea deal while the jury was deliberating his plight, in exchange for prosecutors agreeing not to seek the death penalty against him. Instead, the man will be sentenced to life in prison, according to a report in the Florida Times-Union. He was accused of killing his former girlfriend and setting her body on fire, the newspaper reported. The bulk of the trial had been finished and the jury had been out 11 hours before the man agreed to the plea deal, the newspaper reported. In first-degree murder cases, there are only two possible punishments: life in prison or the death penalty. The death penalty is designed to be used sparingly and only in the worst of the worst cases. But oftentimes in Jacksonville Murder Cases, however, the death penalty is used as a bargaining chip to encourage people to agree to a plea deal. That appears to be what happened here in this Jacksonville Murder Case. On life sentences, there is no…
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Awesome (law student) commentary at new Drug Law & Policy blog
In this recent post highlighting a commentary by Professor David Ball, I briefly noted his new Drug Law & Policy blog. Though I always enjoyed checking out all of David's occasional posts on that blog as he got it up-and-running last month, this past week the blog became a daily...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/fW9fLPALJvk" height="1" width="1" alt=""/>
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Pregnant Woman Gets 15 Years for DUI Manslaughter that Killed Another Pregnant Woman
A defendant in a DUI manslaughter case was five months pregnant with her fourth child when she received a sentence of 15 years for killing a pregnant woman outside a hotel in Fort Lauderdale three years ago. Family members of the decedent, who was seven months pregnant with a son at the time of her death, called defendant's decision to get pregnant with the criminal trial pending an act of manipulation intended to curry favor with the judge. If that was the intention, it doesn't seem to have been effective. Prosecutors sought 20 years for the crash, in which both mother and unborn child were killed. The judge handed down a sentence of 15 years, followed by 15 years of probation plus a permanent loss of driver's license.
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New Oregon Gov pledges to continue curious capital moratorium created by her corrupt predecessor
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Nevada Illegal Substance Lawyer
Nevada Illegal Substance Policy Las Vegas is known for its party atmosphere. It draws tourists, but it also means the ready availability of a host of illegal substances. If you are caught with illegal substances in Las Vegas, you may have to suffer serious consequences. Even if you don’t intend to sell or distribute illegal substances, the penalties for possession are fairly stiff. Officials use two statutes for charging individuals with possession of illegal substances. These are NRS 453.337 and NRS 453.338. When the police make an arrest for drug possession, they’ll look for other evidence like bags or scales that might indicate the intent to distribute. A good defense attorney may be able to get the charges reduced.
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If Juries Could Impose the Sentence
In Georgia, juries generally don’t get to decide the sentence. Only where the State is seeking death does the jury get a hand in sentencing. Not only do Georgia juries not get a say in sentencing decisions, our law is designed not to let them know a great deal about what might happen at sentencing. The idea is that jurors might be swayed by sympathy in the guilt-innocence phase of the trial if they knew what was in store for the defendant after a guilty verdict. For instance, an armed robbery conviction in Georgia carries with it a minimum mandatory ten years to serve without the possibility of parole. For certain repeat offenders, a guilty verdict means life without the possibility of parole. Jurors are not told about minimum mandatory sentences unless they stay to watch the sentencing hearing. Scott Greenfield posted at Simple Justice about a Federal Judge who consulted with the jury on what a fair sentence ought to be in a case. Turns out that most jurors would…
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White Collar Wire Now on Facebook and Tumblr
Mr. Zuckerberg is now relieved to have direct access to White Collar Wire. With some trepidation, we finally took the plunge and established a White Collar Wire page on Facebook. Please go over there and “like” it, “friend” it an otherwise approve us. I promise it will contain no vacation photos, nor my childrens’ witticisms nor Vine renditions of athletic events. Can I buy a second vowel? Even better, visually, is that White Collar Wire is now on Tumblr as well. Finally, for sound business-crime weekend reading on either platform, you cannot do better than Smash Detective-Cases: Principles of corporate criminal liability.
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A New York Criminal Defense Overview
Unlawful Imprisonment in the First (NY Penal Law 135.10) and Second (NY Penal Law 135.05) Degrees: False imprisonment is the unlawful restraint of a person against her will by someone without legal authority or justification. For example, an armed bank robber yells at the customers to get down on the floor, threatening to shoot them if they try to leave. Since they know they might be killed if they try to leave, they are being held against their will. The captive bank customers may be able to claim damages, and the bank robber may be charged with the crime of false imprisonment. Even the police may be charged with false imprisonment if they exceed their authority such as detaining someone without justification. It often takes the trained criminal eye of a New York criminal defense attorney or lawyer to locate and assess the nuances between similar statutes. Deciphering the language between similar statutes could mean the difference between facing a misdemeanor or a violent…
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Police Corruption Hinders Philadelphia Drug War
In light of recent allegations of corruption and abuse by six Philadelphia narcotics officers, District Attorney Seth Williams will throw out more than 300 drug-related cases, according to First Assistant District Attorney Ed McCann. The officers, Thomas Liciardello, Brian Reynolds, Perry Betts, Michael Spicer, Linwood Norman and John Speiser, were arrested in July for allegedly robbing and beating suspected drug dealers. The officers will no longer be called upon to testify in the cases and, since drug cases often hinge upon the testimony of the arresting officer, they will be dropped. Old cases that involve the six officers will also be subject to scrutiny, according to The City Paper. "The judicial system cannot stand behind convictions called into question by tainted police officers," Brad Bridge, a veteran public defender, told the City Paper. Early this month, DA Williams brought charges against two police officers in the brutal beating of a suspect and for the…
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Ein „Zubrot“ für den Schöffen? Korruptionsprozess vor dem LG Hamburg
In den vergangenen Jahren war die Justiz in Hamburg zumindest von größeren Korruptionsskandalen weitestgehend verschont. Derzeit wird vor dem Landgericht...
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Case o' The Week: "Dollars to Donuts" and Non-Existent Transcripts - Burgos-Ortega and Illegal Reentry Sentencing
In our post-Guidelines world, we’re all for district courts having “great latitude . . . in choosing a sentence.” Except when the court varies upwards, doubles the guideline range, and doubles the joint recommendations of the government, Probation, and the defense. United States v. Burgos-Ortega, 2015 WL 468186 (9thCir. Feb. 5, 2015), decision available here. Players:Decision by Judge Callahan, joined by Judges Graber and Gould. Hard-fought appeal by AFD Kent Young, Federal Defenders of San Diego, Inc.Facts: Burgos-Ortega entered the US illegally, was prosecuted, and plead guilty to 8 USC § 1326. Id. at *1. His PSR calculated a range of 18-24 months: the PO recommended 2 years. Id. This included a +12 OL bump for a 1992 Washington State conviction for “delivery of heroin.” Id. The defendant had two prior reentry convictions: one in ’98 for 70 months, and second in ’06 for 46 months. Id. Both the…
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Next week's criminal law/procedure argument
Issue summary is from ScotusBlog, which also links to papers: Tuesday Henderson v. U.S.: Whether a felony conviction, which makes it unlawful for the defendant to possess a firearm, prevents a court under Rule 41(g) of the Federal Rules of...
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ISIS: Pass the Shock, Hold the Awe and Ground Troops
The photo above is from ISIS' latest atrocity video depicting Peshmerga soldiers captured in Kirkuk. They are put in individual cages, driven in a caravan through the streets of Kirkuk which are filled with excited onlookers, and then lined up... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Francia: Tribunal supremo anula extradición disponiendo nueva revisión por otro órgano judicial
La extradición no es un mero trámite de cooperación judicial, es también una institución que reconoce el deber de sustentar una resolución tomando en cuenta los diferentes argumentos de defensa y posibles cuestionamientos.Esto es una práctica en los diferentes tribunales por una sencilla razón: la extradición es una cooperación basada en el Derecho. Es una respuesta jurídica a un problema de persecución judicial fundada en el Derecho.A modo de ejemplo, les trascribo una reciente noticia sobre un pedido de extradición de la República Argentina a la República Francesa, en el cual el Supremo Tribunal Francés anuló una extradición porque no se había tomado en consideración argumentos de la Fiscalía sobre prescripción y también argumentos del Estado argentino sobre el carácter del delito materia de…
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America's Most Influential Thinker on Race
Juan Williams has this article with the above title at the WSJ. "This black history month is an opportunity to celebrate the most influential thinker on racial issues in America today...."
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Daytona Drug Arrest Spurs Child Abuse Charge, Garners National Spotlight
The Florida Department of Law Enforcement reports there were 4,700 drug arrests made in Volusia County in 2013. In many cases, drug-related charges are not the only offense alleged. Often, drugs are discovered in the course of police investigating some other incident, which usually means defendant is arrested on multiple criminal charges. This is also common wherever drugs and children are involved. Anytime an adult is alleged to have exposed a child to drugs or abused drugs near a child or while caring for or driving with one in the vehicle, it's probable authorities will tack on more charges - sometimes very severe charges.
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Las Vegas Drug Crimes
Drug Crimes When a person is arrested on drug charges in Las Vegas or elsewhere in Nevada, the court system acts quickly. Officials waste no time in bringing charges and setting court dates, so the defendant needs to locate competent legal counsel as soon as possible. If you’ve been arrested on suspicion of a drug crime in Nevada, you have several options for proceeding. Your criminal defense attorney will launch a comprehensive investigation to review all of the evidence collected by the authorities. Moreover, your attorney will look for signs that the police behaved improperly before and during your arrest. An experienced criminal defense attorney may be able to get the charges against you reduced or dropped.
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Texas Judge Issues Injunction to Temporarily Block DAPA and DACA
Georgia is home to many undocumented foreign national individuals and families who have been contributing to our state’s unique culture and its economy for several years. These people have been anxiously waiting for Congress to pass comprehensive immigration reform so that they can finally emerge from the shadows and get on the path to legal residence. President Obama issued executive orders in November 2014 that were aimed at providing undocumented foreign nationals with temporary immigration-related relief as they and the rest of the country continue to wait for Congress to get its act together. The two orders that received the most media attention are the expanded DACA program for undocumented young foreign nationals and the new DAPA program for the undocumented parents of U.S. citizens and green card holders. The expanded DACA program was scheduled to take effect on February 18, 2015. Unfortunately, Texas judge Andrew Hanen issued an injunction to…
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The Pope’s New Zero Tolerance Policy Provides Hope for Rape and Sex Abuse Victims in Connecticut
This week’s press conference by Pope Francis’ point man on Catholic Church sex abuse provides hope and the real possibility for accountability and monetary relief for victims of sex abuse by Catholic Church staff and clergy. As the top Stamford and Greenwich Connecticut personal injury attorneys and lawyers could confirm, these concerns flow from the Vatican all the way to sex abuse victims in Stamford, Darien, Greenwich and other Connecticut cities who still may be haunted by decades-old sex assaults. So what’s being done differently by the Catholic Church to protect children and make prior Catholic Church sex abuse victims whole? Keep reading to find out… Zero Tolerance Philosophy Now Protecting Church Sex Abuse Victims in Connecticut According to the Yahoo! Article, Cardinal Sean O’Malley, Boston’s archbishop, revealed in a press conference that Catholic Church attorneys are carefully reviewing proposals to offer to the Pope that…
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