Considering one defendant getting a second look due to Miller retroactivity
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"Ending the Death Lottery"
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Bafu: Vollzugshilfe zur Überwachung von belasteten Standorten
Das Bundesamt für Umwelt (Bafu) hat eine Vollzugshilfe erstellt (Nummer UV-1505-D), welche aufzeigt, wie eine sachgerechte Überwachung von belasteten Standorten erfolgen soll. Erläutert wird, wann eine Überwachung angezeigt ist und wie deren Verlauf erfolgen soll sowie was Inhalt des Überwachungskonzeptes bildet:"Die Untersuchung und Sanierung von mit Abfällen belasteten Standorten erfolgt nach den Zielsetzungen und Vorgaben der Altlasten-Verordnung (AltlV; SR 814.680). Das Ziel jeder altlastenrechtlichen Untersuchung besteht darin, zu beurteilen, ob am betreffenden Standort ein Sanierungsbedarf besteht. In den meisten Fällen lässt sich diese Frage schlüssig beantworten. Es gibt aber auch Standorte, bei welchen die Antwort nicht eindeutig ausfällt, weil die ermittelten Schadstoffkonzentrationen nahe an der Schwelle zum Sanierungsbedarf liegen. Gemäss AltlV sind solche Standorte als…
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 940 Rethinking Presumed Knowledge of the Law in the Regulatory Age Michael Anthony Cottone Independent Date posted to database: 24 Mar 2015 [2nd last week]...
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Government moves against testing laboratories, settles with two for $48 million
On April 9, the Department of Justice announced that it was settling kickback allegations with two cardiovascular disease testing laboratories, and was intervening in qui tam suits against two others and against three individuals for similar conduct. According to DOJ’s press release: Cardiovascular testing disease laboratories Health Diagnostics Laboratory Inc. (HDL), of Richmond, Virginia, and Singulex Inc., of Alameda, California, have agreed to resolve allegations that they violated the False Claims Act by paying remuneration to physicians in exchange for patient referrals and billing federal health care programs for medically unnecessary testing, the Department of Justice announced today. Under the settlements, which stem from three related whistleblower actions filed under the federal False Claims Act, HDL will pay $47 million and Singulex will pay $1.5 million. The government also intervened in the lawsuits as to similar allegations against another…
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Criminal Motions for Judgment of Acquittal (15-07)
Ten Basic Facts & One Special Rule for Circumstantial Evidence Cases: The Mandatory Two-Step “Al-Naseer/Silvernail” Analysis: Motions for Judgment of Acquittal are made in almost all criminal cases. There are 10 basic facts that apply to all motions for acquittal and one special rule for circumstantial evidence cases that judges MUST follow. The Court of Appeals recently clarified the proper analysis the District Court MUST apply when the state’s case is based largely or entirely on circumstantial evidence. Failure to apply the correct analysis could result in reversal. State v. Sam, 859 N.W.2d 825 (Minn.App.2015). Click on Link Below to Read More:PendletonUpdate15-07
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The Medical Examiner found that the victim suffered a gunshot wound ...cont
To be found guilty of intentional murder, a defendant must intend to cause the death of another person and actually cause the death of that person. Proof of causation is mandatory for any homicide prosecution. If a defendant's actions are "a sufficiently direct cause" of the death, criminal liability exists. The question is whether the "ultimate harm is something which should have been foreseen as being reasonably related to the acts of the accused." If the defendant set in motion "the chain of events which ultimately resulted in the victim's death" homicide can be attributed to the defendant. As long as the defendant's actions are "at least a contribut[ory] cause" of death, homicide charges are appropriate. When death is attributed to more than one cause, the issue of causation becomes more complicated. If multiple injury cause death together, each participant is criminally liable for the death if his actions were…
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Andrew Skier Selected to Attend National Trial Skills Academy
Skier & Associates is proud to announce that founder Andrew M. Skier has been selected to attend the National Federal Defenders’ Trial Skills Academy in San Diego, California. This prestigious week-long program brings federal practitioners from around the country to work together on all aspects of preparing and trying criminal cases. Having tried nearly 80 jury trials in his 20-year career, Mr. Skier is excited about the opportunity to get fresh ideas from lawyers representing the best from around the country, and applying these new techniques to benefit his clients here at home. The academy takes place in late April and is one entire week in duration. Participation is via application and acceptance is limited to a small number of lawyers.
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Hillary Makes It Official
Hillary Clinton announced via video today she is running for President. When I clicked on the video, I thought I was watching a You Tube type commercial and shut it down. On the third try, I realized this was her announcement, not a commercial. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Drones Banned Above "Game of Thrones" Set in Belfast
So reports Belfast Live:Crafty Game Of Thrones fans have been thwarted from getting any sneak behind-the-scenes peeks after a ban on drones above the set. Signs erected close to the filming studios in Titanic Quarter, East Belfast, warn of a "no-fly zone" for the mini-crafts. And novice pilots are told they could face prosecution for invading the airspace above the studios without permission from the Civil Aviation Authority. The move came after sightings of drones above various sets of hit shows being filmed here. The security firm behind the signs said the flying of drones in the area poses a significant risk to people below. But the clampdown has also hit cheeky fans of Game Of Thrones plotting to catch a glimpse of scenes starring their heroes. A source told Belfast Live there were fears top secret plot details could leak out if drones were able to hover above the site.This drone ban makes sense from a safety perspective. Flying…
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2015.49: Unlawful Disclosure of Intimate Visual Material in Texas
House Bills 101, 496, and 603, which I wrote about here and testified against in Austin, have been left pending in committee. Senate Bill 1135, “UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL,” was voted out of the Senate Criminal Justice Committee. (I didn’t go to Austin to testify; I considered my public duty done, and my right to say “I told you so” earned, the first time.) It provides: (a) In this section: (1) “Promote” and “sexual conduct” have the meanings assigned by Section 43.25. (2) “Visual material” has the meaning assigned by Section 43.26. (b) A person commits an offense if: (1) without the effective consent of the depicted person, the person intentionally discloses visual material depicting another person engaged in sexual conduct; (2) the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual…
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RECORD POLICE- IF THEY’VE DONE NOTHING WRONG THERE’S NOTHING TO HIDE
RECORD POLICE- IF THEY’VE DONE NOTHING WRONG THERE’S NOTHING TO HIDE Posted By: Edmund R, Folsom, Esq. Date: April 12, 2015 Walter Scott is shot repeatedly in the back by Charleston South Carolina Police Officer Michael Slager, and the predominant headline is a variation on “Unarmed black man shot by white cop.” Are we to believe that if Scott had been white Slager wouldn’t have shot him? I’m not buying it. I think Slager lost it over the affront to his authority that Walter Scott represented, and that he’d have had the same reaction no matter the race of the person who committed the sin of insubordination. Slager was a bad cop. You give a man the power of government, a badge and a gun, and you’d better be damned sure to watch that man. Trust but verify, and keep the choke chain tight. We give police officers a lot of power, and frankly we don’t watch them closely enough. Does anyone think if there hadn’t…
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Interesting update on continued GOP blockade of AG-nominee Lynch
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2015.50: Possibly the Worst Scaled Question Ever
From a sexual-assault appeal I’m working on: I want to ask everybody on the panel the following question: How likely do you think a child would be to lie about being sexually abused? One is very likely; two, likely; three, unlikely; four, very unlikely. As a criminal-defense lawyer who has represented people who have been falsely accused of sexually abusing children, my answer is “four, very unlikely.” But I interpret the question to mean, “any given child.” And that’s the truth: any given child will most likely not lie about being sexually accused—will never have the opportunity or the motivation. But it just takes one false accusation to ruin a guy’s whole day.1 Now, if I, despite being more skeptical about allegations of sexual abuse than the vast majority of people, would be likely answer at the conservative conviction-friendly end of your scale, how likely is it that you’ll get any meaningful information from a jury…
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ISIS Attacks Baiji Oil Refinery, Anbar and Hasaka
As the U.S. continues its air strikes, ISIS attacked the the Baiji oil refinery last night. It is Iraq's largest refinery. Control has gone back and forth between ISIS and the Iraqi forces several times over the past 9 months. Iraq said today... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Case o' The Week: Ninth Not Content without Assent - Sahagun-Gallegos, Decamps, and Taylor Analysis of Prior Plea Transcripts
Hon. Judge Morgan Christen Attorneys often speak for their clients. Thankfully, however, attorneys can’t concede for their clients (at least, can’t concede plea facts that haunt later Taylor analyses).United States v. Sahagun-Gallegos, 2015 WL 159446 (9thCir. Apr. 10, 2015), decision available here.Players: Decision by Judge Christen, joined by Judges Noonan and Fletcher. Big win for former CD Cal AFPD Davina Chen. Facts: Sahagun-Gallegos was deported and reentered the US. Id. at *1. He pleaded guilty in Az. to aggravated assault, and was deported again. Id.He reentered, was arrested, and convicted of illegal reentry. Id. The PSR recommended a +16 OL bump, characterizing the agg assault as a felony “crime of violence.” Id. He refused to waive his appellate rights, and was denied the third point for acceptance. Id. With no defense objection, the Court found the guidelines correctly included the +16 OL increase. Id.His attorney filed…
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Operating While Intoxicated (OWI) 2nd Offense - Staying out of Jail in Metro Detroit
As a Michigan DUI lawyer with a practice that concentrates exclusively in the Metro-Detroit area, I handle a lot of 2nd offense OWI (operating while intoxicated) cases. If you're facing an OWI 2nd charge, the first concern you have is staying out of jail. Of course, this should also be the first concern of your lawyer, as well. Yet all the concern in the world won't do you any good unless it translates into intelligently calculated and properly executed effort. It may seem trite, but hard work, in and of itself, can be a tremendous waste of time. You can go outside, gather up a pile of sticks and spend your time striking rocks together to create a spark that ultimately makes a flame, or, you can be smart about it and use a lighter or a match. In the context of a 2nd offense drinking and driving charge, it becomes important to understand that you must always take into account what's at hand, and then use it, in the best way possible, to drive a better…
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DWI Appeal Claims Faulty Alcotest Machine Invalidates Conviction
Are breath or blood test results required to prove that a driver was legally intoxicated? While test results showing blood alcohol content (BAC) above 0.08 percent might be the most well-known means of proving intoxication, it is not the only means. A defendant recently asked a New Jersey appellate court to reverse his DWI conviction, arguing that the state lacked sufficient evidence to prove DWI without BAC evidence. The trial court had based its decision on testimony from the arresting officers. The appellate court reviewed New Jersey law regarding how the state may prove impairment in a DWI case, and it affirmed the convictions in State v. Robinson in February 2015. According to the court’s opinion, the arresting officers observed the defendant’s pickup truck at about 2:00 a.m., traveling on I-287 at between 80 and 85 miles per hour and changing lanes without signaling. The defendant, after pulling over, reportedly told the officers that he had just…
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Can Raising Taxes on Alcohol Reduce Drunk Driving Accidents?
A new study published in the American Journal of Public Health suggests that raising the taxes on alcohol could reduce the number of drunk driving related collisions. Researchers from the University of Florida studied the results of a 2009 tax increase on alcohol in the state of Illinois. In that year, the state increased its excise tax on beer by 4.6 cents a gallon, on wine by 66 cents a gallon and on distilled spirits by $4.05 a gallon, or by 1 cent more that consumers pay per glass of beer or wine and nearly 5 cents more for a serving of spirits. According to the researchers, alcohol-related traffic deaths in Illinois fell 26 percent. The decrease was higher among young people, at 37 percent. Fatal crashes involving alcohol-impaired and extremely drunk drivers fell 22 percent and 25 percent, respectively. "Similar alcohol tax increases implemented across the country could prevent thousands of deaths from car crashes each year," Alexander Wagenaar, a professor in…
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BE CAREFUL HOW YOU PARK YOUR CAR! IMPROPER PARKING CAN BE PROBABLE CAUSE
After a few drinks at the bar, you pulled over on the side of the road. Perhaps you only meant to stop for a moment to use the phone or grab something from the back seat. Perhaps you were tired or feeling dizzy and needed to take a nap. In either case, the police approached your parked car. While writing a ticket for the improper parking, the police noticed the smell of alcohol and asked you to take some tests. Now you’re charged with DUI. While it may seem silly, poor parking can give the police the probable cause they need to stop you. Under Illinois law, it is illegal to park 1) at the edge or curb of a street, 2) on the sidewalk, 3) in an intersection, 4) on a crosswalk, 5) between a safety zone and the adjacent curb, 6) alongside or opposite a street obstruction if you would in turn obstruct traffic, 7) on a bridge or elevated structure, 8) inside a highway tunnel, 9) on railroad tracks, 10) on a controlled-access highway, 11) where prohibited by signs,…
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