Coyote Deported 49Times: A Mexican smuggler arrested while trying to bring 17 illegal aliens into the U.S, told border agents that he has been caught and deported 45 times as a juvenile and four times as an adult. Ildefonso Ortiz of Breitbart News reports that Victor Ramirez was arrested after a fist fight with agents who had watched him lead the group of illegals across the Rio Grande River. In an earlier story Breitbart reported that assault charges, which would increase the penalty for a smuggler like Ramirez, are often dismissed unless an agent is seriously injured. This probably means that Ramirez will be deported for a 50th time. Arias Avoids Death Penalty: The judge will decide whether convicted murderer Jodi Arias will be sentenced to life without parole or life with parole after 25 years after the sentencing jury could not agree today. Fox News reports that after deliberating five days, jurors remained deadlocked on a…
News Scan
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TalkLeft Appreciation Days
It's been about three months since I last asked readers and commenters to contribute to TalkLeft. TalkLeft is not an inexpensive venture. I have been personally funding the site for 13 years, and since I eliminated paid advertisements a few... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Mungan & Klick on Criminals' Risk Preferences
Murat C. Mungan and Jonathan Klick (Florida State University - College of Law and University of Pennsylvania Law School) have posted Identifying Criminals’ Risk Preferences on SSRN. Here is the abstract: There is a 250 year old presumption in the...
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Motorcycle Crash Sends One to Hospital in Canyon County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 3-5-2015 3:00pm Please direct questions to the District Office On Thursday, March 5, 2015, at 11:05 am, the Idaho State Police investigated a two vehicle crash at the intersection of Linder and Middleton in Canyon County. Nathan Allen, 25, of Nampa, was south on Middleton Road on a 2008 Yamaha motorcycle at a high rate of speed. Allen failed to stop at a stop sign and ran into the back of a 2013 Rav 4, driven by George Foster, 51 of Middleton. Allen was ejected from his motorcycle, and was not wearing a helmet. Allen was transported to St. Alphonsus Medical Center in Boise with non life threatening injuries. Foster was wearing his seat belt. The crash is under…
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CHIEF JUDGE SOTO RE-ELECTED, AND MORE
THE CAPTAIN REPORTS:EL JEFE JUEZ SOTO .........Congratulations go out to Judge Bertila Soto as she was elected, unopposed, to a second term as Chief Judge by the Eleventh Judicial Circuit's 123 County and Circuit Court Judges. Judge Soto has come a long way from her days as a young ASA when she joined that office in 1989. She was elected to the County Court bench in 1997 and later appointed to an open seat on the Circuit Court in 2002 by Governor Bush. She was first elected to the position of Chief Judge in 2013.YOUR NEXT TWO COUNTY COURT JUDGES .......Have not yet been chosen. You still have time to contact Governor Scott's office and weigh in on who should, or should not, be chosen to replace Judge Gladys Perez and Judge Rudy Ruiz for the two open County Court seats.The Governor has the following names before him:To replace Perez:Laura Ann StuzinDiana VizcainoGina BeovidesJonathan MeltzKarl St Hope BrownElijah A. LevittTo replace Ruiz:Laura…
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Motorcycle Crash Sends One to Hospital in Canyon County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 3-5-2015 3:00pm Please direct questions to the District Office XXXXXXXXXX UPDATE from PIO Teresa Baker XXXXXXXX On Thursday, March 5, 2015, at 11:05 am, the Idaho State Police investigated a two vehicle crash at the intersection of Linder and Middleton in Canyon County. Nathan Allen, 25, of Nampa, was south on Middleton Road on a 2008 Yamaha motorcycle at a high rate of speed. Allen failed to stop at a stop sign and ran into the back of a 2013 Rav 4, driven by George Foster, 51 of Middleton. Allen was ejected from his motorcycle, and was not wearing a helmet. Allen was transported to St. Alphonsus Medical Center in Boise with non life threatening injuries. …
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Gear up for the last weeks of April, SCOTUS sentencing fans
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Motorcycle Crash Sends One to Hospital in Canyon County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 3-5-2015 3:00pm Please direct questions to the District Office XXXXXXXXXX UPDATE from PIO Teresa Baker XXXXXXXX On Thursday, March 5, 2015, at 11:05 am, the Idaho State Police investigated a two vehicle crash at the intersection of Linden and Middleton in Canyon County. Nathan Allen, 25, of Nampa, was south on Middleton Road on a 2008 Yamaha motorcycle at a high rate of speed. Allen failed to stop at a stop sign and ran into the back of a 2013 Rav 4, driven by George Foster, 51 of Middleton. Allen was ejected from his motorcycle, and was not wearing a helmet. Allen was transported to St. Alphonsus Medical Center in Boise with non life threatening injuries. …
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Leandra’s Law a Reality
Current Misdemeanor DWI to Become Criminal Felony if Child in Vehicle There are a couple of factors that determine the severity of the charge against you. For one, the law considers the number of DWI offenses you’ve actually been convicted or plead guilty to. First offenses are not treated nearly as harshly as subsequent offenses and the penalties get much worse each time you break this law. Under the New York Penal Law, operating a motor vehicle while under the influence of alcohol or drugs. 1. Driving while ability impaired. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol. 2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section…
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Update on California Lethal Injection Litigation
Here is an update on the California lethal injection suit, in which we represent two family members of murder victims, Bradley Winchell and Kermit Alexander, suing to get CDCR off the dime on establishing a lethal injection protocol. A prior post after the hearing is here. An NBC report featuring Mr. Alexander is noted here.A week after the hearing, Judge Chang issued the final ruling on the demurrer. This document is essentially a reprint of the tentative ruling with the post-hearing adjustments added at the end. That can be a bit confusing if you are not used to it. The final ruling on the demurrer is not a decision of the case. It just says that CDCR's attempt to have our suit thrown out at the threshold fails and the case can go forward. CDCR was ordered to answer the allegations of the petition within 10 days.CDCR really did not want to answer and went to extreme lengths to avoid answering. The AG, on behalf of CDCR, filed a…
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Involuntary Manslaughter Charges For Encouraging Friend’s Suicide
Involuntary Manslaughter Charges for Encouraging Suicide An interesting case is developing in Massachusetts concerning whether a young woman’s text messages encouraging her friend to take his own life can be construed as involuntary manslaughter. Michelle Carter, of Plainville, was friends with Conrad Roy, of Mattapoisett, and the two engaged in the exchange of numerous text messages focusing on whether Roy should commit suicide and when and how to do it. Roy ultimately did kill himself, by sitting in his truck with a generator running, thereby causing him to die due to carbon monoxide exposure. Roy had a history of mental illness. He struggled with anorexia and self esteem issues, and was on medications for dealing with his condition. While Roy was struggling with thoughts of suicide, he confided in Carter that he was scared, and yet Carter proceeded to encourage him to kill himself. The text message evidence suggests that at one point during the ordeal that lead to…
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Holdout Jurors in the Penalty Phase
AP reports that the penalty phase retrial jury in the Jodi Arias case was deadlocked at 11-1 for death. Because this was the second attempt, in Arizona that means the view of the 1 prevails over the view of the 11 and Arias will get a life sentence. (Ariz. Rev. Stat. §13-752(K)) It will be up to the judge if there will be a possibility of parole.Most of the jurors said they believed the holdout was biased and opposed to giving the death penalty. The other jurors asked the judge on Tuesday if the woman could be replaced with an alternate, but the request was denied and jury was told to keep deliberating.One male juror said Thursday that he became angry when the holdout indicated the death penalty would be a form of revenge. Jurors also note that the woman had acknowledged seeing a cable TV movie about the Arias case.Is there any jurisdiction in the world using trial by jury where a deadlock of all but one for guilt and one for acquittal results in…
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Michigan’s County Gun Boards – a Thing of the Past
Governor Snyder approved two laws this week, now known as Public Acts 3 and 4 of 2015. These acts will phase out county gun boards statewide by the end of 2015 basically making Michigan a ‘shall issue’ state. Applicants no longer will have to cut through the tape and time of going before a gun board for a question and answer session assessing an applicant’s fitness. Getting a concealed pistol license or permit now is an application process at county clerks’ offices with background checks to verify eligibility being done by the Michigan State Police. Legislation on this matter has been rejected before as there were concerns about giving carte blanche to carry concealed weapons to known convicted criminals and those who have domestic violence charges. Further, there were issues on limitations of who would be allowed to carry concealed in carry-free zones (including churches and schools). These concerns were addressed by the legislature and the new laws…
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Give the gift of criminal justice reform
Gentle readers, I hope you'll allow me this point of personal privilege, offered at the behest of a friend ...The Texas Criminal Justice Coalition is participating in "Amplify Austin" - 24 hours of fundraising for Austin based nonprofits. If you support criminal justice reform in Texas, go here to donate. For anyone who hopes to improve the state's criminal justice system, your investment couldn't go to a better place. Unlike groups with a national agenda, TCJC works exclusively for what's best for Texas, a distinction which matters more than you might think. National groups' agendas don't always translate here.TCJC has been at the center of reform efforts in this state for 15 years and I've worked with and for them on and off since the beginning. (Disclaimer: most recently, I've been employed as a consultant for the group since last summer.) Some of their most important work has gone relatively unheralded. They've taken…
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People v. LaValle
People v. LaValle | Facts of the Case Background On Sunday, May 31st 1997, Cynthia Quinn while taking her morning jog, allegedly found Stephen LaValle urinating by the side of the road and yelled at him. This action completely angered LaValle who then followed her into the woods where he raped and murdered her with a screw driver he apparently found on her during the offense. He stabbed her 73 times before leaving the scene of the crime. He was arrested two days later because the samples found on Quinn’s body matched his DNA, and an eye witness had placed him as the last person seen with Mrs. Quinn. LaValle, despite having no legal training, defended himself in court because he had previously had a falling out with his two attorneys because they wanted to proceed with the case differently. In his argument, Lavalle stated that juror number 16 was biased and had stated that they would convict him even before the hearing began. He also urged that the emotional testimony…
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Mercenary Justice?
Earlier this week, the United States Department of Justice released a scathing report on police and court practices in Ferguson, Missouri. Figuring prominently in the DOJ’s criticisms, Ferguson criminal-justice officials were said to be overly concerned with extracting money from defendants. For instance, the DOJ charges: Ferguson has allowed its focus on revenue generation to fundamentally compromise the role of Ferguson’s municipal court. The municipal court does not act as a neutral arbiter of the law or a check on unlawful police conduct. Instead, the court primarily uses its judicial authority as the means to compel the payment of fines and fees that advance the City’s financial interests. This has led to court practices that violate the Fourteenth Amendment’s due process and equal protection requirements. The court’s practices also impose unnecessary harm, overwhelmingly on African-American…
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When does an informant tip justify a police traffic stop?
Fourth Amendment Requirements With Regards to Traffic Stops Whether an informant tip is sufficient to give law enforcement reasonable suspicion to make a traffic stop is determined by three factors. The Fourth Amendment’s prohibition of “unreasonable searches and seizures” extends to temporary detentions, such as traffic stops. See U.S. Const. amend. IV; Brendlin v. California, 551 U.S. 249, 255 (2007). To survive constitutional scrutiny, a traffic stop must be (1) “lawful at its inception” and (2) “otherwise executed in a reasonable manner.” Illinois v. Caballes, 543 U.S. 405, 408 (2005). To be lawful at its inception, the traffic stop must be supported by a reasonable suspicion that a person has been, is, or is about to be, engaged in criminal activity. See State v. Roybal, 2010 UT 34, ¶ 14. The reasonable suspicion must be based upon “specific and articulable facts and rational inferences.” State v. Morris, 2011 UT…
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Cell Phones, Off Limits?
When an officer lawfully arrests someone, that officer is allowed to search a few areas in order to protect him/herself. The officer can perform a pat down of the arrestee to make sure there are no hidden weapons that could be used to harm the officer. Moreover, when an officer lawfully arrests a person in a vehicle, the officer has a few options as far as what to do with the arrestee’s car. One of those options is to impound the vehicle. With this option, the officer is required to perform an inventory search. This search has a few purposes: to protect the officer from liability claims in the future; to discover hidden contraband; and to confirm that the vehicle has all its components at the time of seizure. But what if the officer finds a cell phone during this search or during a regular pat down; is an officer lawfully allowed to search the cell phone? Facts similar to these happened to David Riley while he was driving in San Diego, California. After Riley was…
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Sobriety Checkpoints in Ohio
Sobriety checkpoints are a widely debated topic for a variety of reasons. Some people hold the belief, even though the U.S. Supreme Court ruled on the issue, that they violate the Constitution. For others, the actual effectiveness of sobriety checkpoints is questioned. But, regardless of your opinion of them, they are utilized in Ohio, and ...Read More » The post Sobriety Checkpoints in Ohio appeared first on .
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FBI Warns Against Fraudulent E-mail Scheme
Companies should take notice of a new fraud scheme that has been making the rounds, targeting businesses that regularly make wire transfers. Known as the “Business E-mail Compromise,” or BEC, this scam targets employees responsible for wiring money, instructing them under false pretenses to wire large sums to fraudulent accounts. The Federal Bureau of Investigation estimates that the scam has claimed over 2,000 victims and resulted in losses totaling nearly $215 million since October 2013. In one version of the BEC fraud, the e-mail accounts of high-level business executives (CEO, CFO, CTO, etc.) are compromised by the creation of spoof e-mail addresses. The imposters then use the compromised executive’s e-mail account to send a request for a wire transfer to a second employee within the company who is responsible for processing such requests. This version of the scheme has been referred to as “CEO Fraud” or the…
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