Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71824 articles
Browse latest View live

You Think Maybe a Bit of Exploitation by the Media?

0
0
Then Marty Stroud went to meet Glenn Ford.Stroud was the prosecutor who put Ford on death row 30 years ago.  Ford's the innocent guy Stroud put on death row 30 years ago.Stroud's the guy who wrote an apology to the Shreveport Times.  Stroud's the guy who now says he was a kid, concerned with winning at all costs.  Stroud's the guy who says he cheated to get Ford convicted and sentenced to die.  Stroud's the guy who says Ford should get all the money Louisiana makes available to the wrongly convicted and the should get a lot more.Ford's the guy who lost 30 years of his life because of what Stroud did.  Ford's the guy who got out of prison a month ago and then discovered he has stage 4 lung cancer and only a few more months to live.  Ford's the guy who, the courts said, won't get any of the money Louisiana theoretically makes available to the wrongfully convicted.So Marty Stroud went to meet Glenn…

The defendant BH Corp. ...cont

0
0
The defendant BH Corp. raises many issues in its brief. Many of these issues do not receive separate headings. In discussing these issues, we have joined and rearranged the issues where appropriate. The defendant BH Corp. did not except to these portions of the charge. Thus, the above excerpts constitute the law of the case. The defendant BH Corp. was and is bound by the charge on this point as a result of its failure to except. For purposes of the retrial hereinafter ordered, we make the following comments. If the jury accepts the validity of the SWRI report, then the report may be considered as some evidence that the defendant BH Corp. violated a minimum safety standard. The report plus all other evidence in the record should be considered by the jury in determining whether there was an actual violation of the minimum safety standards set forth in F.M.V.S.S. No. 218. At the retrial, the jury must also consider the fact that the D.O.T. has dropped the investigation in this…

Who pays for the deferred prosecution treatment?

0
0
The defendant. You agree to pay the cost of diagnosis (evaluation) and treatment, if you financially able to do so, subject to RCW 10.05.130. Most insurance plans will cover (but not all) and Costs can run from $4000-$7000 or more...

Determining Competency

0
0
A recent pair of Sixth Circuit cases elucidate the procedure for determining competency—particularly  when a defendant seeks to represent himself. In such circumstance, there are two questions: (1) whether the defendant is competent to stand trial and (2) whether the defendant is competent to represent himself. Under Indiana v. Edwards, 554 U.S. 164 (2008), a district court may appoint trial counsel to a defendant incompetent to conduct a trial even if the defendant is competent to stand trial. A defendant may not represent himself in regard to the first question, but apparently may represent himself in regard to the second.In United States v.Martin, the Sixth Circuit reversed a conviction because “there [was] nothing in the record to suggest that counsel represented [the defendant] at the [competence] hearing or participated in any way in the determination of [the defendant’s] competency.” The Court held that when “a criminal…

Aliso Viejo Man Arrested For Shipping Electronics To Iran

0
0
F.B.I agents arrested Khosrow Afghahi, 71, of Aliso Viejo on suspicion of sending over $24 million worth of electronic supplies over the last five years.  In addition to Afghahi, 4 other people were also arrested.  According to the indictment, the material being shipped is typically used in military type systems including surface-air missiles. The four suspects face up to 20 years in federal prison if convicted of the illegal exportation of goods and possibly money laundering.

Frequently Asked Questions – Part 2

0
0
To continue from last week’s post, here is more frequently asked questions by Washington clients involved in family law cases: Am I allowed to move? When an unmarried parent wants to move they have to consider how their move may impact their relationship with their child.  With that in mind, many unmarried parents come into our office wondering whether they are permitted to move.  The short answer is usually yes.  The longer (and more helpful answer) is that it depends.  When we say that people can move, we mean that they do have the right to move.  What they may not have the right to do is move their children.  In general, if an unmarried parent wants to move within the child’s current school district, it will not be a problem and they are free to do so.   However, if the move is outside the child’s school district boundaries, the move should be discussed with a family law attorney.  In these cases some…

When can I enter a deferred prosecution?

0
0
Anytime, up to seven (7) days before trial. Although, I have entered them as late as the day of trial. Obviously, you need to know the Court and what they will accept.

Next week's criminal law/procedure arguments

0
0
Issue summaries are from ScotusBlog, which also links to papers: Monday Johnson v. U.S.: Whether mere possession of a short-barreled shotgun should be treated as a violent felony under the Armed Career Criminal Act. Tuesday McFadden v. U.S.: Whether, to...

Man Bites Dog?

0
0
Jesse Kidder wasn't kidding.Even though Wilcox had, allegedly, just murdered his fiancee and then his best friend.  Even though Wilcox rushed at him.Even when Wilcox reached toward his pocket.Not even when Wilcox kept shoutingShoot me!  Shoot me!Not even then.Jesse Kidder, that's Rookie Officer Jesse Kidder of the New Richmond Police Department, wasn't going to shoot Wilcox.  Oh, Officer Kidder had his gun out.  Held it in front of him, aiming at Wilcox.But he didn't shoot.  Instead, he backed away.  I don't wanna shoot you, man!Get down! Get down!And damned if, finally, Wilcox didn't get down.Without getting shot.Officer Kidder explained,I wanted to be absolutely sure before I used deadly force.Probably it happens every day that a cop doesn't shoot someone he could.This time, we have the video.

Selbstleseverfahren, Band 106

0
0
Immer wieder sonntags: Unser juristischer Wochenrückblick im Selbstleseverfahren Foto: PlaceIt.net Schlappe für langsamen Richter Arzt zieht verwirrtem Patienten alle Zähne In der Falle Ein gut bewachtes Massengrab Staatsanwaltschaft klagt Ex-Youporn-Chef an Kinderschutzbund: Spendenflut statt Edathy-Geld Gutachten: mangelhaft Geschäfte mit alten, einsamen Herzen Der Adhäsionsantrag — Praktisch, aber nicht ungefährlich Nackt in der Zelle: Menschenwürde im deutschen Strafvollzug Wer trägt die Kosten? Bezeichnung eines Richters als „Lügner“ und „Krimineller“ – strafbar? Ego-Shooter sind kein beachtenswerter Risikofaktor zur Entstehung von Amokläufen Die Bibliothek als Gratis-eBook-Handlung — Hinweis: Wir haben unsere Feed-Adresse aktualisiert: http://www.strafakte.de/feed/ Bitte aktualisieren Sie die Adresse demnächst in Ihrem Feed-Reader, um sicherzustellen, dass Sie auch…

Aaron Hernandez convicted of murder where does the case against Carlos Ortiz and Ernest Wallace stand

0
0
Where does the case against Ernest Wallace and Carlos Ortiz stand? While the prosecution did a great job proving that Aaron Hernandez orchestrated a murder, the charges against Ortiz and Wallace seem to be based on the fact that they were present with Hernandez at the time. Mere presence at a crime scene is insufficient to establish a conviction without evidence that they assisted and shared Hernandez's intent. The case against Hernandez showed that Hernandez, demanded Ortiz and Lloyd come up from Connecticut to go out with him. Throughout the 139 witness trial, there was little mention of the role of Ortiz and Lloyd. The only mention was the inference that Lloyd must have been pushed from the car by either Wallace or Ortiz and that both had a history of drug use and used PCP. There does not appear to be a strong case against either for murder. Wallace's DNA was not even tested indicating a lack of investigation as to his involvement. There was no…

Can’t Take A Joke

0
0
TRIGGER WARNING:  There’s something in here to offend everyone. Q: What do you call 100 lawyers at the bottom of the ocean? A: A good start. Does that bother you. Most lawyers will say no, at least to the extent that they aren’t bothered by the fact that they’ve heard the joke a thousand times already. But there will be some who are offended, who believe that this diminishes our worth.  Bullshit. It’s a joke. What if we replaced “lawyers” in the joke with, say, feminists or, God forbid, lesbians? Does it change from funny to unacceptable, outrageous?  The answer likely turns on your sensibilities.  If you feel deeply about the target of the joke, the joke becomes unfunny. You can explain your reaction by wrapping it up in rhetoric about historical prejudice, insensitivity, anecdotes of horribles that happened to a suspect class, or just string together empty, meaningless words that convey some vague impression of…

Save Nevada’s Anti-SLAPP Law

0
0
Shamelessly stolen, in toto, from Marco Randazza.  And New York, when the hell do you plan to enact an anti-SLAPP law? Nevada Anti-SLAPP Law under attack Anti-SLAPP statutes are there so that free expression doesn’t come along with a side helping of bankruptcy, if your speech offends the wrong person. They don’t protect you from liability for real defamation, but they do protect you from being dragged through three years of litigation over a claim that never should have been brought in the first place. You see, that’s how the bastards win. If they don’t like your political speech, or even your mild consumer review, they file a lawsuit against you. You try and file a motion to dismiss, but as long as they lay out the elements of the claim in the complaint, that doesn’t usually work. Next, discovery. Motions. Hearings. Thousands of dollars later, you “win.” But, you’re now wondering “if this is what winning feels…

The Straight Truth About Michigan Probation Violations (Tri-County Area)

0
0
As a Michigan criminal and DUI lawyer, the whole notion of "probation" fills a good part of each of my workdays. This article will concentrate on what happens when things don't go as planned, and you wind up facing a probation violation. To frame our discussion, we must remember that at its most basic, probation is an alternative to incarceration. Sometimes, when a person hires in at a company, he or she is placed on "probation" for the first 90 days; in that case, "probation" is an alternative to being unemployed. Back in the judicial world, being put on probation is seen as being given a chance to show that you can follow orders, stay out of trouble, and otherwise be trusted. When it is alleged that you somehow violated probation, the perception flips to your being seen as unable to follow orders, incapable of staying out of trouble, and not being trustworthy. If it is determined that you did, in fact, violate your probation, the Judge…

After mistrial and plea deal, prominent accused child molestor in Delaware gets probation sentence


Highlighting the mental illness underbelly of modern incarceration

Definition of “Business Purposes Only” Drivers License

0
0
Many of our clients ask us about the definition of the “Business Purposes Only” restriction placed on a Florida Driver License. The restriction can occur after a DUI arrest while the attorney is fighting the administrative suspension (when the client is driving on a 42 day permit) and during the rest of the administrative suspension […]

20 Years Ago and Today

0
0
  It was 20 years ago today that a domestic terrorist murdered 168 people in Oklahoma City, setting off a vehicle bomb in front of the federal building.  In this famous photograph by Charles Porter IV, fireman Chris Fields cradles infant Baylee Almon, who did not survive.Timothy McVeigh was sentenced to death for this crime on August 14, 1997.  He was executed June 11, 2001, less than four years later.  Why so quickly?  What lesson is there for those seeking justice in the present day? McVeigh's crime provided the political force needed to pass the landmark reform of federal habeas corpus law, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).  The most immediately effective aspect of that reform was the limit on successive petitions.  If a state prisoner has had one federal habeas corpus petition or a federal prisoner has had one "motion to vacate" (28 U.S.C. §2255), the criteria for getting a…

Case o' The Week: Mail Theft Defendant hit with Murphy's Law - Gonzalez Becerra and Guideline Mail Theft Victims

0
0
 No monetary loss, no fraud guideline victim? No dice.United States v. Gonzalez Becerra, 2015 WL 1637864 (9thCir. Apr. 14, 2015), decision available here.Players: Decision by visiting 10th Senior Circuit Judge Michael Murphy, joined by Judges Gould and Tallman. Hard-fought appeal by CD Cal AFPD Michael Tanaka.Facts: A traffic stop lead to a search; the search ultimately produced stolen mail from 250 individuals. Id. at *1. Gonzalez Becerra ultimately pleaded guilty to possessing stolen mail. Id. The court imposed a four level bump because the offense involved “50 or more victims” under USSG § 2B1.1(b)(2)(B) – despite the fact that the victims did not sustain any actual monetary loss. Id. The defense made a “narrow, fact-based challenge” to the increase – focusing on whether the mail had in fact been delivered. Id. at *3. On appeal, the defense made a legalargument that that the commentary’s definition of victim in §…

Britt McHenry, please, please, please sue ESPN.

0
0
ESPN has suspended reporter Britt McHenry for her conversational decibel level "tirade" against a tow truck operator. Notwithstanding the fact I've seen more vitriol and anger on Antique Roadshow than that putative meltdown, when I first heard the story, I didn’t care. I didn’t care that Ms. McHenry was being targeted for the simple reason she is a pretty, blond girl and I just assumed the criticisms of her self-importance and ego were justified. I also assumed ESPN was being lenient for just suspending her and not outright firing her.   My opinion on the matter, however, has changed. I just read a story in the New York Post and it turns out Ms. McHenry left the car at a bar parking lot after happy hour. And when she came back the next morning to pick it up, she was ambushed by the tow company: "Employees told Daily Mail Online that when the bar shuts at 2am, the private towing company, Advanced Towing, within minutes began removing…
Viewing all 71824 articles
Browse latest View live




Latest Images