Reported the Houston Chronicle, "Montgomery County officials are moving to improve medical services at the county jail after a state commission found it had failed to provide timely care to an ailing inmate who later died of natural causes."Specifically, "The Texas Commission on Jail Standards found the jail to be out of compliance with state standards on Feb. 9, following the death of inmate David Courtney in December." Here's the citation for not providing "efficient and prompt medical care for acute situations."
Regulators cited Montgomery jail for failing to provide timely care in inmate death
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Heroin in Dallas – Fort Worth: Heroin is Popular So Expect More Felony Heroin Arrests
Heroin is here to stay in North Texas and the Dallas – Fort Worth Metroplex area: it’s something recognized by the local police and the District Attorneys’ Offices as well as criminal defense lawyers and people treating heroin abuse and heroin overdoses in local hospitals and rehab centers. Why? It’s a cheaper, readily accessible alternative to prescription drugs like oxycodone and fentanyl, and any social stigma for heroin use (think those old movies where people are shooting up with needles in dark and dirty locales) is long gone. See: Lots of Heroin Arrests Will Be Happening Here in Texas As Feds, Locals Target Growing Heroin Market. One big factor here: as the popularity of heroin increases, heroin suppliers (just like any other savvy business enterprise) are finding ways to package and market their product in ways that their clients and customers find attractive. More and more, heroin is being sold in pill form because it’s…
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News Scan
Hawaii Considers Victims Bill of Rights: The Hawaii Legislature is considering a bill that would amend the state constitution to provide rights to crime victims. Hawaii's KHON reports that the bill would incorporate provisions of California's Victim's Bill of Rights of 2008, also called Marsy's Law, which gives crime victims the right to be notified of court dates, the granting of bail and the release from prison of the criminals who assaulted them or their loved ones. India Bans Gang Rape Documentary: The Indian government has prohibited the showing of "India's daughter" a documentary on the 2012 gang rape and murder of the young woman on a moving bus. Associated Press writer Muneeza Naqvi reports that the documentary reveals a view accepted by many men and some community and religious leaders that Indian woman who go out at night, visit bars or dress immodestly are to blame if they are raped or even…
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What charges can be expunged in AZ?
In Arizona, a charge cannot be expunged in Arizona unless the offender was under the age of 18 at the time of the offense and the case was handled in juvenile criminal court. However, most types of criminal charges, except some felonies, can be set aside. This means that your criminal record can be modified to show that the defendant has successfully completed the terms of their punishments and has legally had the charge set aside. Having your charges set aside can lessen the impact that the crime has on employment opportunities or other situations involving background checks. What’re the benefits of having a criminal charge set aside in Arizona? It is extremely beneficial to have both misdemeanor and felony charges set aside. Misdemeanor convictions can also be set aside, but these types of convictions are less likely to impact you as negatively as felony charges. Unlike felonies, misdemeanor charges won’t take away some of your constitutional rights, and…
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Jury Convicts Woman of Using Stolen ID to Obtain HELOC
Mortgage Fraud Blog. Rachel Siders, 39, Roseville, California, was convicted by a federal jury and found guilty of bank fraud, making a false loan application, and committing aggravated identity theft. Siders’ week-long trial was held before United States District Judge John A. Mendez. According to evidence presented at trial, in 2008 Siders and co-defendant Theo Adams applied for a home equity line of credit in the name of Adams’ relative on an underwater property owned by Adams in Roseville. As part of the false loan application, Siders and Adams submitted false tax returns for the relative with significantly inflated income. Siders and Adams also submitted mortgage application documents with forged signatures. Siders, a notary public at the time of the crime, falsely notarized the loan application documents, which were sent to Washington Mutual Bank as part of the mortgage application. Washington Mutual Bank relied upon the falsely notarized…
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Houston PD conceals Stingray use details from prosecutors, citing NDA; warrant for cell-phone location data bill filed
"For about seven years, the Houston Police Department has owned devices that can trick your cellphone into sharing its location and call log by pretending to be a cell tower," reported Karen Chen at the Houston Chronicle (Feb. 27). But little is known about how they are deployed, only what they are capable of: telling law enforcement where you are and to whom you've been talking.In Texas, police are not required to obtain a warrant before using a Stingray, and the net is indiscriminate. The devices sweep up all nearby information, regardless of whether the cellphone is involved in a crime.Your correspondent was quoted briefly in the story. The most interesting news was something told to me several weeks ago by the Harris DA's office, but made public in this story for the first time: That the Houston PD refuses to tell even the District Attorney's office, much less local judges, what they're doing with this technology, citing a non-disclosure…
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Justice Department Clears Darren Wilson in Ferguson Shooting
The United States Justice Department won’t prosecute former Ferguson police officer Darren Wilson for his actions taken during the fatal altercation with 18-year-old Michael Brown. Although they won’t pursue charges, the Justice Department did issue a scathing report criticizing the city and the law enforcement’s handling of the situation. In the report, the Justice Department said the city and Ferguson police exhibited racial bias and unconstitutional practices, The report said the city and its officers created an environment that thrived on the systematic mistreatment of minorities. This type of environment was created through numerous activities, including: Disproportionate searches and seizures Excessive force against minorities Disproportionate fines against minorities for petty offenses Frequent trading of racist emails and jokes Attorney General Eric Holder said that bringing these faults to the surface is only the beginning. Now it’s…
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Jury Duty, Do I Have to Go?
Why It’s Important to Heed a Jury Duty Summons For most people, jury duty is a pain. Who can afford to take time out to spend days at the courthouse? When a jury summons arrives it’s tempting to ignore it, but be forewarned. There can be serious consequences. Under Nevada laws, a failure to appear for jury duty is covered under NRS 6. The law says that any registered voter is subject to be summoned for jury duty. The summons provides them with clear instructions about how to respond. Usually, two to four days of service are all that’s required. Most people don’t even get to sit in on a trial. There are circumstances under which a person may be excused from jury duty. The person wishing to be excused has to call a designated phone number before their service is supposed to start to ask for permission. However, if someone receives a summons and simply ignores it, the penalties can be quite harsh. A person who ignores a summons is held in contempt and fined…
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Roeder et al. on The Crime Decline
Oliver K. Roeder , Lauren-Brooke Eisen , Julia Bowling , Joseph E. Stiglitz and Inimai M. Chettiar (University of Texas at Austin - Department of Economics , New York University (NYU) - Brennan Center for Justice , New York University...
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Florida to New York Firearm Trafficking Ring Disarmed...cont
Criminal sale of a firearm in the first degree is committed by any person when such person: (1) unlawfully sells, exchanges, gives or disposes of to another ten or more firearms; or (2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of ten or more firearms in a period of not more than one year. Criminal sale of a firearm in the first degree is a class B felony. Criminal possession of a firearm is one of the more common charges addressed by Article 265 of the New York Penal Law, which covers crimes relating to firearms and other dangerous weapons. Criminal possession of a firearm is not broken down into degrees, but is rather one “flat” crime, classified as an E Felony. Under Article 265, a firearm is defined as a: • pistol • revolver • shotgun (with one or more barrels under 18″ in length) • any weapon made from an altered shotgun • an assault weapon Whether they relate to sale,…
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Victims and law enforcement assail Gov Wolf's execution moratorium in Pennsylvania
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Stamm Testifies Before the Maryland House Judiciary Committee
On March 4, 2015, Leonard Stamm testified in opposition to House Bill 532 which would require officers to tell suspected drunk drivers in a fatal or life threatening injury crash that they are required to submit to an alcohol test. Here is the written version of his testimony: My name is Leonard Stamm. I have been in private practice defending persons accused of drunk driving and other crimes for over 30 years. I am currently Assistant Dean of The National College for DUI Defense, a nationwide organization with over 1300 lawyer members. I am a former president of the Maryland Criminal Defense Attorneys' Association. In 2014, I had the privilege of co-authoring an amicus brief filed by the National Association of Criminal Defense Lawyers and The National College for DUI Defense in the Supreme Court case of Missouri v. McNeely, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (2013) . The Supreme Court held that a drunk driving arrest does not automatically create exigent…
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Nitrogen Bill Passes OK House 85-10
Justice in the very worst murder cases has been frustrated in some states by an international conspiracy to cut off the supply of the drugs needed for execution by lethal injection. The drug of choice is pentobarbital, the one used by veterinarians every day to euthanize animals. The principal manufacturer, Akorn, is obligated by its purchase agreement from former manufacturer Lundbeck, a Danish company, to restrict distribution to companies that agree not to sell it to corrections departments.Some states are looking to alternative sources of pentobarbital, and Texas has been successful so far in getting pentobarbital from compounding pharmacies, although we don't know how much longer that will last. Attempts to substitute midazolam (Versed) have been problematic in some states. The Supreme Court's review of the procedure used in Oklahoma and Florida has resulted in stays in those states.Other states have looked to getting rid of lethal…
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Boston Marathon Bombing Trial Begins with the Defendant’s Admission of Involvement
The long-awaited trial of accused Boston Marathon bomber Dzhokhar Tsarnaev begin this morning in Boston federal court and his attorney wasted little time in admitting that he was involved in the bombings. According to the Boston Globe, in her opening statement the defendant’s attorney called the bombings “misguided acts” and conceded that “it was [the defendant]” who participated in the crime. He has been charged with 30 federal crimes, 17 of which qualify for the death penalty. The defendant and his brother, Tamerlan Tsarnaev, are accused of planting two bombs on Boylston Street near the Boston Marathon finish line on Patriots Day in 2013. The prosecution team contends that the brothers were radical Islamic terrorists who believed the United States government hated the Muslin people. Immediately after the bombs exploded 12 seconds apart, Boylston Street looked like a war zone with smoke filling the air and mangled bodies…
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First Circuit creates hard and firm standards before allowing sex offender penile plethysmograph testing
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Saudi Arabia: 10 Brutal Facts Beyond Raif Badawi’s Case
Tomorrow marks eight weeks since the Saudi Arabian authorities publicly flogged the blogger and activist Raif Badawi, sentenced to 1,000 lashes and 10 years in prison for “insulting Islam” and founding an online forum for political debate. After his first session of 50 lashes in front of a mosque in Jeddah on 9 January, a doctor advised prison authorities that his wounds had not healed sufficiently for him to undergo the second round of this brutal punishment. The following Friday, while a medical committee had advised that Raif Badawi should not be flogged because of high blood pressure, another prison doctor insisted that there was nothing wrong with him and that he should be flogged. Then, for five consecutive weeks the Friday floggings were not carried out for reasons that remain unknown. It is anybody’s guess whether the next part of his sentence will be carried out tomorrow. Raif Badawi has made headlines around the world. But his case is just the…
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The Media Gets On Board: Indonesia Executions
The headline of an article in Australia's The Independent today reads: Welcome to 'Execution Island' – the Indonesian holiday resort where foreigners are sent to die I can't remember another case when the media around the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Courts Disagree on the Meaning of “Public Disclosure”
Chicago – The False Claims Act places several restrictions on a person’s ability to pursue a qui tam case on behalf of the government. One of these restrictions is known as the “public disclosure bar”. The definition of public disclosure was recently addressed in the case of United States, et al. v. Whipple, et al. In Whipple, the plaintiff alleged that the defendant hospital violated the False Claims Act by knowingly submitting false of fraudulent claims to Medicare and other federally funded health care programs. The relator alleged that the hospital submitted fraudulent claims for inpatient care which should have been billed as outpatient, observation services for same day surgery claims, inpatient admissions for renal-dialysis claims, and for carotid artery stenting without authorization. The relators asserted that he discovered these frauds while working for defendant in 2006. The relator also claimed that he was unaware of a government audit and…
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Making Sense of the Jodi Arias Hung Jury Verdict
INITIAL THOUGHTS I know a lot of people are angry right now. To hear that Jodi Arias won’t be going to death row because of one lone juror (who I’ll call “Juror 12″) is too much for many to handle right now. Many on social media have suggested that, “There is no justice,” and numerous folks are even calling for the entire criminal justice system to be revamped. Some have even called for the judge to be prosecuted. The madness must stop. For those who want to stay angry and frustrated at the system, then stop reading now. This article is solely for those who are willing to set aside emotion for a moment and are open to another point of view. More popular would be for me to keep these thoughts to myself. I cannot. First, let me make clear that how I feel about the verdict is irrelevant to what I have to say in this article. I may believe passionately that Jodi should be on death row. I also may believe that life without parole is an…
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Thursday Open Thread
Syria killed the top leaders of Jabhat al-Nusra today in a drone attack in Idlib. Among those killed: Military commander Abu Humam al-Shami. Reports say others killed include Abu Musab al-Palestinian, Abu Omar al-Kurdi, and Abu Bara al-Ansari. While... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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