Examining some statistical realities behind federal death penalty administration
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Appleman on Gothic Stories and Mens Rea
Laura I. Appleman (Willamette University College of Law) has posted Gothic Stories, Mens Rea, and Nineteenth Century American Criminal Law (THE ASHGATE RESEARCH COMPANION TO LAW AND HUMANITIES IN NINETEENTH-CENTURY AMERICA, eds. Nan Goodman and Simon Stern (Ashgate Press 2015)...
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Chicago Police Piloting Use of Body Cameras
In response to officer killings of unarmed men around the country last summer, the Chicago Police Department equipped 30 police officers with body cameras late January, as part of a pilot program to provide evidence (or lack thereof) of police misconduct, such as unlawful search and seizures or excessive force, in arrests and interactions with the public. The cameras, which will be clipped to the officer’s uniform, headgear or glasses, will be piloted for 60 days before a decision is made whether to expand the program. Chicago Police Officer Misconduct One of the greatest areas of office misconduct is the violation of a suspect’s Fourth Amendment right against unlawful search and seizures. Whether it is an overreach of the Terry stop, which allows the police to approach anybody on the street they reasonably believe is about to commit a crime; an unlawful search of a suspect’s car at a routine traffic stop, or; failure to read a suspect his Miranda…
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Probation Laws in Wisconsin
Individuals who are placed on probation or extended supervision generally understand that their freedom can be taken from them very easily. The laws pertaining to probation can be very specific and sometimes complex. In some cases, probation officers are quick to lose patience with people whom they supervise, and probation holds and revocation proceedings take place when they shouldn’t. At Reddin & Singer, our Milwaukee criminal defense attorneys understand the nuances surrounding probation and will work hard to defend against alleged probation violations. Probation is a sentencing alternative through which a person is not incarcerated but is still subject to community supervision. Probation is not available for every type of crime. Different states will have different regulations when it comes to probation. In the state of Wisconsin, if a defendant is convicted of certain crimes, he or she can be placed on probation. Probation, however, is not…
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Probable Cause for a Pat-Down Search in Wisconsin
Both the United States and Wisconsin Constitutions protect Wisconsin residents from unlawful searches and seizures. This means law enforcement officers may not search an individual’s person, house, or property without probable cause to believe the individual is committing a criminal act. It is important to note, however, that the suspected criminal act does not have to be related to any incriminating evidence that may be uncovered. In State v. Cobbs, the defendant was walking with two friends late at night in Racine. The three were apparently stopped for questioning by police officers who were responding to an armed robbery call. One of the three individuals attempted to flee the scene, and law enforcement officers used a taser on him. Since the robbery suspects were believed to be armed, the police then cuffed the defendant and his remaining friend and patted the two down for weapons. During the search, the officer discovered a padlock tied to a shoelace and a…
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Conviction Upheld for Wisconsin Man Accused of Uploading Child Pornography Photos to Internet Groups
In recent years, police in Wisconsin and elsewhere have attempted to crack down on internet predators and the possession and distribution of child pornography online. In State v. Gonzalez-Villarreal, a man was charged with five counts of possession of child pornography in violation of Wisconsin law in 2009. Police apparently executed a search warrant after linking the man to an email address that uploaded child pornography to specific online groups. When law enforcement officers executed the warrant, they discovered about 1,100 suspected child pornography images on the man’s computer. The accused man pleaded “not guilty” to possession of child pornography charges, and the case proceeded to trial. During trial, the defendant unsuccessfully sought to exclude certain evidence related to his knowledge of the photos found on his computer. The trial court refused the defendant’s request, and a jury convicted him of possession of child pornography. After…
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The Importance of Hiring a Capable Attorney if You Are Facing Wisconsin Drug Trafficking Charges
If you were charged with trafficking drugs such as marijuana, you need to hire a competent Milwaukee criminal defense attorney immediately. Failure to do so can place you at a significant disadvantage during trial. In Orengo v. Tegels, a man filed a petition for a writ of habeas corpus following a Milwaukee County drug trafficking conviction. According to the trial record, local law enforcement officers found both marijuana and crack cocaine in a relative’s closet that the man was reportedly using to store his belongings. Police also apparently found a loaded handgun and drug paraphernalia with the man’s fingerprint on it in the same room. About one month later, law enforcement officers allegedly caught the man and another individual attempting to hide drug scales and bags of marijuana during a traffic stop. The man was arrested and charged with possession of crack cocaine and two counts of possession of marijuana with intent to deliver related to the two incidents.…
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Issue Preclusion Does Not Bar Wisconsin Court From Litigating Issues Previously Decided by a Federal Court in Criminal Drug Case
District II of the Wisconsin Court of Appeals has found that the doctrine of issue preclusion does not bar a state court from litigating issues previously decided in federal court when the governments were not acting on each other’s behalf. In State v. Jackson, a Kenosha County man was arrested at home following a domestic disturbance with his live-in girlfriend. According to the woman, the fight turned physical after the man requested that she move out. She allegedly told local police that her boyfriend was in possession of a handgun even though he was a convicted felon. At the time of the man’s arrest, police were unable to locate a gun. The following day, law enforcement officials contacted the girlfriend and asked her to provide them with access to the man’s residence. After the girlfriend apparently unlocked the man’s home using a key, law enforcement officers allegedly discovered cocaine, drug paraphernalia, ammunition, a gun lock,…
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Wisconsin Federal Court Refuses to Suppress Evidence in Child Pornography Case
In US v. Link, a Brown County Sherriff’s Department law enforcement officer downloaded a file that contained child pornography from a specific internet protocol (“IP”) address. After identifying the account holder through a communications search warrant, another officer obtained a search warrant for the account holder’s Sturgeon Bay, Wisconsin apartment and the bookstore he owned and operated out of the same building. Unfortunately, the search warrant failed to include several relevant details. When the officers executed the search warrant, the account holder provided them and a Wisconsin Division of Criminal Investigations computer forensic analyst with access to the bookstore. During their search of the bookstore, the law enforcement officials allegedly found child pornography files on several hard drives and two personal computers. After police seized the technology, the account holder purportedly admitted that he was secretly taping customers using…
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Victimless Crime?
AP reports: MILLVALE, Pa. (AP) -- A 9-month-old boy found dead in a Pittsburgh-area apartment is believed to have starved after his mother died of an apparent overdose, leaving no one to care for him, authorities said Friday. The woman's brother found the two dead early Friday morning when he went to check on his sister, Sara Kessler, 22, after not hearing from her for several days, Assistant Allegheny County police Superintendent James Morton said. Morton said Kessler may have died a week or two earlier. She was found on her bed, with the son, Casey, in the living room. He said there were no signs of foul play.
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“Hot Coffee” Documentary Now Streaming on Netflix
The personal injury business has a bad reputation. This is a problem in front of juries, which award less to victims in the attempt to avoid so-called “jackpot justice.” It is also a problem in state legislatures, which limit recovery …The post “Hot Coffee” Documentary Now Streaming on Netflix appeared first on Personal Injury Attorney CO | Colorado Springs Lawyers.
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Rapping on Popular Culture and the American Criminal Justice Narrative
Jonathan Rapping (Atlanta's John Marshall Law School) has posted The Revolution Will Be Televised: Popular Culture and the American Criminal Justice Narrative (New England Journal on Criminal and Civil Confinement, Vol. 51, p. 5, 2015) on SSRN. Here is the...
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Abolitionists Change the Subject
Boston Marathon multiple killer Dzhokhar Tsarnaev is now on trial in federal court in Massachusetts. There is an illuminating article (again, courtesy of Doug Berman) about the chances that Tsarnaev will get the death penalty. The article concentrates on the odds that capital punishment will be imposed and, if so, whether it will be carried out. It's mostly a survey of statistics.The most noteworthy feature of the piece is what it does not talk about. One might think that, in assaying the prospects that the jury will choose the ultimate punishment, the author would at least mention, somewhere (1) what exactly Tsarnaev did, and (2) whether, under commonly accepted principles of proportionality and justice, the death penalty might be warranted as a response.Nope. None of that stuff. Instead, the piece discusses solely what has happened in other cases bearing little to no factual resemblance to this one. Factual specifics and just desserts never make…
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Edminston on Property Conditions and Neighborhood Crime
Kelly D. Edmiston has posted Property Conditions and Neighborhood Crime on SSRN. Here is the abstract: A critical factor in quality of life is feeling safe, and thus, crime is a critical factor in neighborhood quality of life. The goal...
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Alleged Drugged Driver Rolls SUV and Crushes Pedestrian
When we think of driving under the influence (DUI), we normally think of someone under the influence of alcohol. However, the typical charge in the Commonwealth of Massachusetts is called operating a motor vehicle under the influence (OUI) of intoxicating liquor or drugs. This is because driving while on drugs is just as dangerous as drunk driving and is treated the same way in a civil car accident lawsuit. To understand the dangers of driving while on drugs, we can look at recent horrific car crash involving a pedestrian death in Washington, DC. According to a recent news article from Fox, a man was driving his SUV when he allegedly sideswiped several vehicles and rear-ended another vehicle before fleeing the scene of the accident. After fleeing the scene, he allegedly ran into a traffic light pole, which hit a building. He then lost control of his vehicle near the Government Accounting Office (GAO) building and rolled over, landing on a pedestrian and killing him. …
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Oklahoma dental chain pays over $5 million to settle allegations of Medicaid fraud
On October 30, the United States Attorney for the Western District of Oklahoma announced that Ocean Dental, P.C., an Oklahoma-based company operating dental clinics serving Medicaid beneficiaries, had agreed to pay $5.05 million to settle civil claims that it had submitted false claims for services performed by one of its dentists – previously convicted of fraud. The company also agreed to a Corporate Integrity Agreement with the OIG-HHS. According to the U.S. Attorney’s press release: Sanford C. Coats, United States Attorney for the Western District of Oklahoma and E. Scott Pruitt, Attorney General for the State of Oklahoma, jointly announce that OCEAN DENTAL, P.C, has agreed to pay $5,050,000 to settle civil claims stemming from allegations that it violated the False Claims Act by submitting false Medicaid claims for work that was either never performed or billed at a higher rate than allowed. * * * Ocean Dental operates dental clinics throughout Oklahoma.…
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Florida shipyard company pays $1 million to settle qui tam SBA allegations
On October 29, the Department of Justice announced that a Jacksonville, Florida, shipyard company had agreed to pay $1 million to resolve claims, originally brought by two whistleblowers, that the company falsely represented its status as a Service Disabled Veteran Owned Small Business. According to DOJ’s press release: North Florida Shipyards and its president, Matt Self, will pay the United States $1 million to resolve allegations that they violated the False Claims Act by creating a front company, Ind-Mar Services Inc., in order to be awarded Coast Guard contracts that were designated for Service Disabled Veteran Owned Small Businesses (SDVOSBs), the Justice Department announced today. North Florida Shipyards has facilities in Jacksonville, Florida. * * * To qualify as a SDVOSB on Coast Guard ship repair contracts, a company must be operated and managed by service disabled veterans and must perform at least 51 percent of the labor. The government alleged that…
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Former university cancer researcher pays $475,000 to settle whistleblower's allegations
The U.S. Attorney for the Northern District of Illinois, on October 30, announced that a former Northwestern University cancer researcher had agreed to pay $475,000 to settle civil claims, originally brought by a former university employee, that the doctor submitted false claims under federally sponsored research grants. According to the U.S. Attorney’s press release: A former cancer research physician at Northwestern University’s Robert H. Lurie Comprehensive Center for Cancer in Chicago will pay the United States $475,000 to settle claims of federal research grant fraud. Dr. Charles L. Bennett agreed to the settlement in a federal False Claims Act lawsuit that was first made public last year after the government investigated the claims made by a former employee and whistleblower who will receive a portion of the settlement. In July 2013, Northwestern University agreed to pay the United States $2.93 million to settle identical claims against the university. …
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Hospital chain, Dignity Health, pays $37 million to settle false outpatient claims allegations
On October 30, the Department of Justice announced that the western hospital company, Dignity Health, had agreed to pay $37 million to resolve claims, originally brought by a whistleblower, that the company’s hospitals submitted false claims for inpatients who could have been more economically treated as outpatients. According to DOJ’s press release: Dignity Health has agreed to pay the United States $37 million to settle allegations that 13 of its hospitals in California, Nevada and Arizona knowingly submitted false claims to Medicare and TRICARE by admitting patients who could have been treated on a less costly, outpatient basis, the Justice Department announced today. Dignity, formerly known as Catholic Healthcare West, is based in San Francisco and is one of the five largest hospital systems in the nation with 39 hospitals in three states. * * * The settlement resolves allegations that 13 Dignity Health hospitals knowingly overcharged Medicare and…
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Michigan home health agency pays $57,000 to resolve whistleblower's case
On October 27, the United States Attorney for the Western District of Michigan announced that a Michigan-based home health agency, had agreed to pay $57,000 to settle civil charges, initially brought by a whistleblower, that the company submitted false claims to federal health care programs. According to the U.S. Attorney’s press release: Advanced Professional Home Health Care, a home health agency based in Troy, with offices in Grand Rapids and Flint, has entered into an agreement with the U.S. Attorney’s Office for the Western District of Michigan that requires the agency to pay $57,000 and to implement a compliance program relating to its documentation of physician orders for home health services. The settlement resolves allegations that Advanced Professional Home Health Care violated the False Claims Act by altering physician signature dates and other information on certain physician orders for home health care services that the government examined during its…
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