Another pharmacy group expresses opposition to involvement in executions
↧
↧
Florida Supreme Court: No Life Sentences for Juveniles
The Florida Supreme Court recently ruled all Florida juveniles convicted of homicide and sentenced automatically to life imprisonment must now be resentenced under a new law passed last year. The ruling addresses the issue of retroactivity for Miller v. Alabama, which was a U.S. Supreme Court decision that barred life sentences for juvenile killers. There are approximately 250 state prisoners in Florida currently serving life sentences for homicides committed before their 18th birthday. Legislators passed a law last year to conform to the Miller decision, but it was only applicable to murders committed after July 2014. For two decades prior, state law mandated juveniles convicted of first-degree murder should receive an automatic life sentence.
↧
Revised Sex Offender Flow Chart (March 2015 edition)
It’s time to post an updated sex offender and monitoring flow chart. I was going to do it last week, but I’m glad I didn’t. Yesterday, the Supreme Court of the United States reversed North Carolina’s appellate courts on an issue that may impact the constitutionality of SBM. The new chart, available here, incorporates Grady […]
↧
Silk Road Investigators Charged With Money Laundering and Wire Fraud
From the New York Times:On the so-called dark web, drug dealing and other illicit sales have thrived in recent years, the authorities have said, through hidden websites like Silk Road and hard-to-trace digital currencies like Bitcoins. On Monday, the government charged that in the shadows of an undercover investigation of Silk Road, a notorious black-market site, two federal agents sought to enrich themselves by exploiting the very secrecy that made the site so difficult for law enforcement officials to penetrate. The agents, Carl Mark Force IV, who worked for the Drug Enforcement Administration, and Shaun W. Bridges, who worked for the Secret Service, had resigned amid growing scrutiny, and on Monday they were charged with money laundering and wire fraud. Mr. Force was also charged with theft of government property and conflict of interest.The complaint can be found here. It alleges that in the course of their investigation into the Silk Road site, the agents…
↧
Former Dallas Mayoral Candidate May Face Third-Degree Felony Charge over Graffiti
Tuesday, March 31, 2015 Charges related to graffiti don’t often lead to jail time but a former Dallas mayoral candidate could face a third degree felony charge if he is accused of targeting monuments with significance to the lesbian and gay community, say police. The Dallas Morning News reported how nine months after a dozen locations — including the Legacy ... Read More The post Former Dallas Mayoral Candidate May Face Third-Degree Felony Charge over Graffiti appeared first on .
↧
↧
Judy Clarke: How to Save a Life
Vanity Fair has an excellent new profile of Judy Clarke. My favorite line, and it is not an exaggeration: Her record defending the indefensible speaks for itself. Among those who want capital punishment abolished in this country, Judy Clarke is... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Man Admits Defrauding Real Estate Investors
Mortgage Fraud Blog. Xue Heu, 38, Modesto, California, pleaded guilty to two counts of wire fraud in connection with a fraudulent real estate investment scheme wherein he gave investors fraudulent documents, such as grant deeds, HUD-1 settlement statements, and portfolio listings of properties he claimed he intended to purchase, including properties that had already been sold and were no longer available to purchase. According to court documents, between August 2007 and October 2013, Heu solicited individuals to invest in real estate businesses that purchased and sold real estate. Heu claimed to be an officer of Liquid Assets & Land Investments Inc. and Capital Land Investments LLC. In furtherance of the scheme and to persuade the investors that the investment opportunities were legitimate, Heu gave investors fraudulent documents, such as forged and fictitious grant deeds, fraudulent HUD-1 settlement statements, and portfolio listings of properties he claimed he intended to…
↧
Hartung on Habeas Corpus for the Innocent
Stephanie Roberts Hartung (Suffolk University Law School) has posted Habeas Corpus for the Innocent (University of Pennsylvania Law School, Journal of Law and Social Change, Vol. 19, 2016 Forthcoming) on SSRN. Here is the abstract: This year marks the 25th...
↧
Practice Notes: First Circuit Cases Yield White Collar Rulings on Materiality and Upward Variance/Departure
Two white collar decisions emerged last week from the First Circuit, both related to the Rwandan genocide. United States v. Kantengwa reinforces an old truth for white collar practitioners. If you don't win on materiality at trial, you are totally...
↧
↧
Fairborn Municipal Court Judge Honored
Congratulation to Fairborn Municipal Court Judge Beth Root on her selection to the Fairborn City Schools Hall of Honor. The Hall of Honor program recognizes the outstanding achievements of Fairborn graduates, former Fairborn faculty members and those community members who have provided exemplary service to the school district. Judge Root, a 1985 FHS Valedictorian will be honored in a ceremony on April 24th at the Fairborn High School Auditorium. Like Judge Root, we try to honor our home city of Fairborn by upholding the highest standards of the legal community. We hope that you consider us your Fairborn hometown attorneys. Call Charlie at (937) 318-1384 for a free Fairborn DUI consultation, and contact the Fairborn law firm of Babb & Rowland, LLC to help with your case. We are a full service law firm dedicated to customer service.
↧
Freeman on Padilla and Termination of Parental Rights
Sarah Freeman has posted Ensuring Effective Counsel for Parents: Extending Padilla to Termination of Parental Rights Proceedings (Hofstra Law Review, Vol. 42, No. 303, 2013) on SSRN. Here is the abstract: The increase in the number of incarcerated women, combined...
↧
Smith on Prior Sexual Misconduct Evidence in State Courts
Michael L. Smith has posted Prior Sexual Misconduct Evidence in State Courts: Constitutional and Common Law Challenges (American Criminal Law Review, Vol. 52, No. 2, 2015) on SSRN. Here is the abstract: Prosecuting sex crimes is a sensitive, challenging process,...
↧
On Not Reading the Fucking Record
When one of the justices of the Ohio Supreme Court (as they say, there is no justice in the lower courts and there are no judges on the Supreme Court)* recuses herself, they bring in a visiting judge from one of the courts of appeals so that there will be still be seven folks to hear the case. One of those VJs, one who sat on a death penalty appeal, said afterwards that he was appalled by the fact that none of the others, not one of the six, read the transcript of the trial. How, he wondered, could they fairly determine exactly how the case went down, what the evidence did and did not show. In particular, how could they decide whether the aggravating circumstances outweighed the mitigating factors - the question that's the basis of the life/death decision in Ohio, if they didn't read the record for themselves?I was in court with a guy, back for resentencing after the Supreme Court had thrown out his death sentence. The judge, a successor to the…
↧
↧
The Borders of Human Rights
Moria Paz, Between the Kingdom and the Desert Sun: Human Rights, Immigration, and Border Walls (Stanford Public Law Working Paper No. 2526521), available at SSRN. Jaya Ramji-Nogales What is the relationship between international human rights law and migration? Though many might assume a simple one – human rights protect migrants – the reality is much more complex, raising profound questions about state sovereignty, politics, and the nature of international law. In her new paper, Human Rights, Immigration and Border Walls, Moria Paz maps out the central tension of this relationship, providing an insightful and balanced description of deep structural problems with the current human rights approach to migration. Paz defines clearly for the reader the tension between sovereignty and individual rights that underpins the relationship between human rights and migration. She argues that the two normative doctrinal approaches available to resolve questions of…
↧
NEW COURT SCHEDULE
In an order dated today and to be released later today, a consortium of Dade Judges are announcing a pilot project to stagger court starting times to alleviate courthouse crowding, parking issues, witness issues, juror issues, and even attorney issues. To summarize, ten circuit criminal courts and two country criminal courts will start at 1:30 PM. The order reasons that "after careful study there is a need to start some courts in the early afternoon. This will allow prosecutors to meet with witnesses in the morning at more convenient times, rather than trying to squeeze in seeing them in the early evening after court has concluded… many jurors surveyed indicated that their mornings are busy with child and work issues and if they had to time to spend the morning on personal issues that they could devote the rest of the day to trials. Additionally, an aging courthouse and parking issues and the problems they cause would be immediately alleviated with a…
↧
Is Marijuana Legal? Federal vs. State Law
While many states now have legal marijuana for medical and even recreational use, Texas is not one of them. This means that someone accused of using, possessing or distributing marijuana faces a difficult challenge to clear the charges. Here is a summary of minimum prison time faced under federal law: Possession of over 1 kilogram of marijuana: 6-12 months in prison, or alternative sentencing. Possession of over 2.5 kilograms: At least six months in prison. Possessing over 100 kg or 100 plants: Five year minimum prison time. Possessing over 1000 kg or 1000 plants: Ten year minimum prison time. Prior convictions for felony drug charges increase these minimums. Possessing, using or distributing large amounts of marijuana in Texas is a serious crime. It is treated in the same way as other schedule one drugs, meaning that under federal law, marijuana has no medical value, and is seen to be highly addictive. Under rules set in the mid-1980s, people…
↧
Sex Crimes: What Happens to Habitual Offenders in Texas?
Texas has a reputation for being a state that enacts legal justice swiftly and thoroughly. This propensity to act decisively against criminals comes to light when the courts hand down maximum sentences against habitual offenders. Repeat sexual offenders in Texas particularly may face enhanced sentences if their crimes fit certain criteria according to the state’s penal code system. If you are accused of or face being convicted for habitual sexual offenses, you can prepare yourself and your case by knowing what sentences the state imposes for repeat offenders. Sentence Enhancements for Habitual Sexual Offenders According to Texas Penal Code 21.01, a sexual offense can range from inappropriate touching of a minor to sexual assault carried out during the course of a burglary. First-time offenders convicted of such crimes face punishments that could involve paying fines of $10,000 or more to spending as much as 20 years in jail. However, Texas, like most other states, has the…
↧
↧
Injured From a Slip & Fall or Roof Collapse in New Hampshire?
Winter in New Hampshire means snow! And there was lots of it this year. There is a growing concern of roofs collapsing in New Hampshire due to the record amount of snow this winter. The concern came true as heavy snow stormed parts of New Hampshire led to the collapse of roofs and loss of properties in different parts of the state. Devastation was worse in parts of Portsmouth, New Hampshire, where it caused havoc in many buildings. Because of too much snow, 500 to 700 residents were displaced after the roof of their apartment building collapsed. Thankfully, no one was hurt. The property owner and city officials decided to evacuate everyone until repairs has been made. Several schools in the area were also evacuated because of concerns about the amount of snow on the roofs. Fire crews were busy working on top of the roofs with shovels to remove the snow and help prevent damage to the structures. The displaced residents were provided shelter in Portsmouth High School. So who is…
↧
Berger on The Executioner's Dilemmas
Eric Berger (University of Nebraska at Lincoln - College of Law) has posted The Executioners' Dilemmas (University of Richmond Law Review, Vol. 49, No. 3, 2015) on SSRN. Here is the abstract: Despite several prominent recent botched executions, states usually...
↧
30 sex offenders could be left without a home in Pinellas County
4-1-15 Florida: A tenant-landlord dispute may leave 30 convicted sex offenders without a place to live in Pinellas County. The Palace Mobile Home Park is home to 150 convicted sex offenders. "I had molested my 8-year-old son. I was sentenced to 11 years in prison followed by 15 on probation,” said Tracy Hutchinson, one of the park’s residents. Hutchinson and other residents of the park are
↧
More Pages to Explore .....
