The title of this post is the title of this notable new UCLA Law Review comment by Jordan Cunnings. Here is its abstract: Marijuana is being decriminalized in many states and localities throughout the United States. While recreational use of marijuana is legal in only a handful of states, in...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/pXoa1m1XjT4" height="1" width="1" alt=""/>
"Nonserious Marijuana Offenses and Noncitizens: Uncounseled Pleas and Disproportionate Consequences"
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Argument about police access to hotel registry under Fourth Amendment
The transcript from the argument in Los Angeles v. Patel is here.
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Florida Connection to Silk Road Case, Bitcoin, Money Laundering and More
In late January, a U.S. District Judge sentenced a Cape Coral, Florida man to four years in federal prison and the forfeiture of almost $1 million after he pleaded guilty to the charge of tax evasion. Robert Faiella accepted the plea which was the lesser of the allegations charged against him for his role in a case that has direct ties to the headline grabbing “Silk Road” case that came to a conclusion in early February. Faiella’s codefendant, Charlie Shrem was sentenced to two years behind bars for the same crime just one month before this latest plea deal was accepted. Faiella, a/k/a “BTCKing” was originally arrested and charged last year with operating the unlicensed money transferring business and conspiracy to commit money laundering. He was well-known as a Bitcoin entrepreneur who allowed those who used the Silk Road Website unfettered access to his monetary exchange. Bitcoin is digital currency that has been in use since 2009 for purchasing…
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Florida jury embraces medical marijuana defense to state cannabis manufacturing charge
As reported in this local article, for "the first time in Florida history, a Broward jury acquitted a marijuana grower after finding he has a medical need for the illegal drug." Here is more about this notable trial outcome: Jesse Teplicki hid nothing from the detectives who showed up at...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/1FT0tKZvLm4" height="1" width="1" alt=""/>
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CFPB Proposal Seeks Suspension of Credit Card Agreement Submissions
On February 24, 2015, the CFPB proposed an amendment to Regulation Z which would suspend, for one year, credit card issuers’ obligations to submit credit card agreements to the CFPB. In submitting the proposed rule, the CFPB seeks to ease the burden on issuers while it develops a more streamlined and automated electronic submission system. Section 122(d) of the Truth in Lending Act, implemented through Regulation Z, requires card issuers to post credit card agreements on the issuers’ websites and to submit those agreements to the CFPB for posting on a publicly available website. Regulation Z provides that agreements must be submitted quarterly and sent to the CFPB no later than the first business day on or after January 31, April 30, July 31, and October 31 of each year. Under the current submission process, card issuers submit agreements to the CFPB via email. The CFPB has expressed concern with the cumbersome and inefficient nature of this process, and is…
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Prez policing task force calls for a "National Crime and Justice Task Force"
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"Fishy SOX: Overcriminalization's New Harm Paradigm"
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Florida to New York Firearm Trafficking Ring Disarmed
Florida to New York Firearm Trafficking Ring Disarmed: Brooklyn DA Announces Arrest and 105 Count Indictment The Brooklyn District Attorney’s Office has announced that along with the 105 count indictment against defendants for Criminal Possession of a Weapon and Criminal Sale of a Firearm, the NYPD has taken 56 guns off the streets of New York. According to the Brooklyn District Attorney’s Office: “The indictment includes charges for the sale or possession of 46 guns – including 28 semiautomatic pistols, six revolvers, three assault rifles, four sawed-off shotguns, and five rifles – to undercover detectives. On four occasions, detectives purchased a total of 40 guns. A fifth sale was arranged, but instead of carrying it out, officers raided the defendant’s Brooklyn safe house and 2 confiscated six additional guns. Through the investigation, ten additional guns were taken off the streets.” “Investigators believe the guns, worth…
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SARBANES-OXLEY, SHORT FISH & FEDERAL OVERKILL.
Sarbanes-Oxley, Short Fish & Federal Overkill. Yates v. United States, 514 U.S. __ (Decided February 25, 2015), is an interesting case. Yates was a fishing boat captain, on a multi-day fishing run off the coast of Florida, when his boat was boarded by Florida Fish and Wildlife Conservation Commission member John Jones. Jones was deputized by the National Marine Fisheries Service to enforce federal laws, and he boarded the boat to check on Yates’ catch. Jones discovered 72 red grouper that were less than the minimum length of 20”, the shortest being 18.75”. Jones had the short fish placed in a crate on Yates’ boat and instructed Yates to hold onto them until he finished his fishing expedition and returned to shore. When Yates returned to shore, however, Jones discovered that the fish on board, although less than 20”, weren’t quite as short as the length measured at sea. Jones questioned Yates’ crew…
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Carrington on Mississippi Innocence
William Tucker Carrington (University of Mississippi - School of Law) has posted Mississippi Innocence: The Convictions and Exonerations of Levon Brooks and Kennedy Brewer and the Failure of the American Promise (Georgetown Journal of Legal Ethics, Vol. 28, No. 123,...
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Letter from owner of sex offender house angers neighbors
3-3-15 North Carolina: CHARLOTTE, N.C. -- Controversy continues to stir over a house on McAlpine Lane in Charlotte. The Second Chance Transition Program used the building to house violent sex offenders. While those offenders are now gone, it's a recent letter explaining the decision to neighbors that is inflaming residents. NBC Charlotte found Risa and Darryl White just as they received the
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Bali 9 Duo Transferred to Death Island
Just another day in Paradise. Escorted by two fighter jets carrying live missiles, commercial budget airline Wings Air, owned by Lion Air, today flew Bali Nine duo Andrew Chan and Myuran Sukumaran from Bali to the Cilacap, where they will be put on... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Burglary: Structures and Conveyances
The crime of burglary in the state of Florida means entering or remaining on another’s premises with the purpose of committing a crime inside, even if the crime was not committed. Florida law identifies two ways to commit a burglary: Unlawfully entering a dwelling, structure, or conveyance with the intent to commit an offense inside, or Lawfully entering but then remaining in a dwelling, structure, or conveyance: Surreptitiously, with the intent to commit an offense inside, After permission to be inside has been withdrawn, with the intent to commit an offense inside, or Intending to commit a forcible felony (such as kidnapping, aggravated assault, murder, etc.). There are three types of burglary in Florida, depending on what type of premises the burglary was committed on. The three types are: burglary of a dwelling, burglary of a structure, and burglary of a conveyance. The penalties for burglary vary for the different types of burglary. Burglary of a Structure…
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Judge Tosses 14-Year-Old’s Confession to Killing his Danvers High School Teacher
An Essex County Superior Court judge today ruled that the Commonwealth cannot introduce a juvenile’s confession that he killed his high school math teacher in 2013 in his upcoming trial. The Essex District Attorney has alleged that Philip Chism murdered and raped his math teacher at Danvers High School when he was just 14 years old. According to multiple news outlets, Chism was taken into custody by the police during the investigation into the teacher’s disappearance. Her body was discovered shortly thereafter in a wooded area near the high school. Investigators have said that Chism is seen on surveillance video following the teacher into a bathroom and later leaving the bathroom alone. Chism is later seen pulling a recycling barrel outside. The Commonwealth further alleges that Chism used the teacher’s credit card to go to a movie and buy fast food. Following his arrest, Danvers police officers interviewed Chism. According to…
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How an out of state DUI can cost your license
By Jessica Towne Driving in Georgia is a privilege, not a right, and the Georgia DDS has the authority to rescind, cancel, suspend and revoke a driver’s license for certain behaviors. It can even revoke or cancel your Georgia driver’s license based on your out-of-state conduct. A game-changing case In a case decided February 9, 2015, the Georgia Court of Appeals upheld the revocation of a Georgia man’s license because of two Illinois DUI convictions. In this particular case, the driver, who had never been an Illinois resident and had never been issued an Illinois driver's license, was convicted of two DUI-related offenses in Illinois before moving to Georgia. After the driver was convicted of yet another DUI, this one in Georgia, Georgia notified other states. After receiving notice of this conviction, Illinois imposed a lifetime ban on this person’s privilege to drive in Illinois. Citing the Illinois ban, DDS cancelled the man’s Georgia…
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Thinking past Clark: Make that Due Process demand now! (And what to demand.)
Let’s assume that the Supreme Court holds in Ohio v. Clark that there was no Confrontation Clause violation when the trial court admitted evidence of three-year-old L.P.’s out-of-court statement, even though L.P. not only did not testify at trial but was held incompetent to do so. In light of the argument yesterday, I think no one will say that assumption is unrealistic. But the argument also indicated that there may be a Due Process problem with introducing evidence of this sort without the accused having any remedy at all. Let's also assume for the sake of argument that the Court doesn't use Clark itself as the vehicle to clarify what role the Due Process Clause might play in this realm.So my suggestion for defense lawyers with clients accused of child abuse, especially of very young children – or more generally, in cases in which it appears the statement of a young child may be significant evidence: Starting right now, make a Due…
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Beat Driving on Suspended Third by Getting Priors
If you are facing diving on suspended in Virginia, definitely contact me so we can discuss your case and once you hire me, begin getting those prior convictions in order. © marketing for Andrew Flusche, 2015. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post Beat Driving on Suspended Third by Getting Priors appeared first on Andrew Flusche.
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Tsarnaev: Judy Clarke's Opening Statement
Here are some quotes from reporters in the courtroom who listened to Judy Clarke's opening statement in Dzhokhar Tsarnaev's trial: Catherine Parrotta, Fox News and Jim Armstrong of WBZ (CBS): "We meet in the most tragic of circumstances." ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Goodyear Rolls Out $16 M Settlement With SEC, Putting Brakes on FCPA Charges
On February 24, 2015, the SEC announced that it had reached an agreement with Goodyear Tire & Rubber Co. (“Goodyear”) for Goodyear to disgorge more than $16 million to settle FCPA charges stemming from its Kenyan and Angolan subsidiaries. This settlement is notable because it focuses on bribery involving private companies as opposed to official corruption, which is typically prosecuted by the SEC. While the FCPA’s anti-bribery provisions apply only to improper payments to foreign officials, the SEC charged Goodyear with violations of the FCPA’s books and records provisions, which have no such requirement and instead require a company to keep records that “accurately and fairly reflect the transactions and dispositions of the assets of the issuer” and to “devise and maintain a system of internal accounting controls” sufficient to ensure the integrity of the company’s financial records. This use of the…
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When Driving with a Suspended License Becomes a Crime
There are many circumstances that will lead to an individual being charged with an indictable driving while suspended offense. One of the frequent is being charged with driving while suspended on more than one occasion when your license is suspended for DWI. You may also face this charge when you are suspended for your second or subsequent DWI offense and receive a ticket for driving during a period of revocation or suspension. However, you may not know that you are facing this consequence until you arrive in the municipal court to answer the charge. It is usually at that time that you are told that your case is being transferred to the county for review. The p0lice officer will not hand you a criminal complaint, just a ticket. Although defendants are supposed to be made aware of these consequences during the sentencing in connection with the DWI offense, many times courts will forget to do so. Other times people just forget. Regardless, if your case is transferred and…
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