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Lots of inside DOJ news emerging from inside the Beltway


The defendant moved for summary judgment to dismiss the complaint

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Defendant appeals from an order of the Supreme Court, Bronx County, entered on or about October 29, 2009, which denied her motion for summary judgment dismissing the complaint and all cross claims as against her. Defendant is a registered nurse whose work is exclusively limited to the performance of home infusions of intravenous medication. On February 21, 1998, she visited the 12-year-old plaintiff at home to administer to her a dose of methylprednisolone (Solu-Medrol). The defendant worked for Accuhealth, Inc., a company which specialized in home infusions. Solu-Medrol had been prescribed by an opthamologist who was treating plaintiff for uveitis, a vision-threatening form of eye inflammation. The physician had ordered that the medication be given for three-day periods on consecutive months. The first month that the medication was administered was January 1998, and plaintiff accepted the infusion without incident. The defendant performed the infusion, which takes…

Supreme Court rules police may not extend traffic stops

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    Yesterday, the United States Supreme Court in Rodriguez v. United States, -- U.S. --, (No. 13-9972), ruled that once a routine traffic stop is completed, the police cannot  without reasonable suspicion detain an automobile and its occupants for the unrelated purpose of having a dog sniff the car for illicit narcotics.     The Supreme Court ruled that although the Fourth Amendment to the United States Constitution may tolerate unrelated investigations that do not prolong the detention, the authority for the seizure or stop ends when the task tied to the traffic violation are, or should have been completed. The Court stated that the officer, in making the stop, must be diligent in not prolonging the stop for unrelated investigations.     In this case, the police had finished issuing all tickets and the occupants objected to a dog sniffing the vehicle for drugs. Following some period of time after traffic matter was…

Evel Knievel’s Son Arrested for DUI in Montana

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The youngest son of famous daredevil Evel Knievel was arrested on DUI charges Tuesday night after rear-ending a vehicle while driving at a high rate of speed. Robbie Knievel allegedly fled the scene but was located shortly standing outside of his car. Knievel refused to take a breathalyzer leading to a search warrant to have a blood samples taken. Knievel is being cited for felony DUI, his second potential DUI charge after pleading guilty to DUI in 2013. The post Evel Knievel’s Son Arrested for DUI in Montana appeared first on Maryland DUI Lawyer | DWI Attorney | Blog.

How Will Virginia Reckless Driving Affect Your Medical School Application?

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If you’re applying for medical school, or you plan to once you graduate from undergrad, and you’re currently charged with reckless driving in Virginia, we definitely need to talk. Reckless driving in Virginia is a Class 1 misdemeanor, which means that it is a criminal conviction, if you’re found guilty. Simply by getting a reckless driving ticket, you are currently charged with a misdemeanor that could be required to be reported to medical schools when you apply. That means this is definitely a situation that you need to get out in front of to try to minimize the damage that may go down on your permanent record. You’ll be much better to be able to say that you’ve had a charge and it was later reduced to something minor like a speeding ticket, when you apply to medical school. Depending upon the facts of your reckless driving charge, many outcomes may be possible such as having it reduced to a minor offense such as speeding or maybe even having it…

Waiting for Elonis

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The U.S. Supreme Court decided two civil cases today.  United States v. Kwai Fun Wong, No. 13-1074 deals with equitable tolling, an issue that comes up regularly in habeas corpus cases.Still no decision on the Facebook threats case, Elonis v. United States.  That case was argued in December, and it is the only case from that session not yet decided.  Playing the SCOTUS Sudoku game, we see from the SCOTUSblog statistics page that Chief Justice Roberts is the only one not to write a majority opinion yet from that session.  (The June case was decided together with Wong today, written by Justice Kagan.)  So it's a good bet that the Chief is writing Elonis.Does that give us a clue how the case will be decided?  Not really.  He was probing both sides at oral argument.  In First Amendment cases generally he has been pretty much down the middle.  He has written opinions in favor of First Amendment claims in cases on funeral protests and…

What Does a Criminal Lawyer Do?

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The role of a criminal attorney is a unique one, particularly as a defense attorney. Many assume the job of the defense lawyer advocate is to get someone charged with a crime declared not guilty in a trial or, even better, removed from the process altogether. While these things do occur through a jury decision, a plea bargaining or, even better, a dismissal, they are not the primary role of the defense attorney; they are the products of what occurs when criminal defense does its job. The Basis of Criminal Defense The Constitution of the United States provides very specific rights for everyone who is charged with a crime. These rights are in place to ensure that the government does not abuse its powers. It is very easy to overwhelm an individual, and the power of governing has proven itself to be corrupt at times, especially when politics are involved. As a result, the Constitutional rights provided for the people are specifically intended to make sure the government…

Breath Test Results in Massachusetts may be in jeopardy as report of faulty breath test machine in Essex County

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According to a news report in MyFoxBoston, Prosecutions in Essex County have stopped using breath test results as a problem has arisen with the calibration of the machine. This report was confirmed by several other media outlets. According to one report, the problem arose in a case out of the Lawrence District Court where a defendant accepted a plea but the machine read outside of the accepted range but produced a result anyway. While I have not learned of the exact error at this point, I did experience a similar problem with a case out of the Attleboro District Court. In that case, the breath test machine appeared to produce a result, but when the machine self calibrated itself on a solution that was suppose to be .08, it read .071. When testing the calibration solution of .08, the machine is suppose to be within a range of .076 to .084. In this case, the machine was outside the range, but it produced a test result as if it was working properly. When the error was…

FBI Scandal: Forensic FBI Experts Give False and Flawed DNA Evidence To Get Convictions

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This is very bad and it’s going to get worse. Yesterday, the Federal Bureau of Investigation and the U.S. Department of Justice finally came forward and admitted that the FBI forensic evidence provided in countless criminal trials over the past two decades has in almost every single case been flawed and unreliable if not downright false and untrue. Read the  April 2015 FBI Press Release here. Read the April 2015 Joint Statement by the FBI and the Justice Department here. FBI Forensic Evidence Scandal The FBI experts took the stand time and time again, and almost 100% of the time, spun things. It didn’t matter which individual expert was testifying here. This is a system-wide problem, and it’s been going on for years. They would testify about hair found at a crime scene and use that hair analysis to get a conviction. Didn’t matter about scientific accuracy, didn’t matter about challenges and concerns being voiced about forensic results in this…

A Social Movement To Be Reckoned With In Africa

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Fadel Barro, one of the leaders of Y’en a Marre (We’re Fed Up) movement and Oscibi Johann, one of the leaders of Burkina Faso’s Balai Citoyen (Citizens Broom) appear at a press conference in the Democratic Republic of Congp. Youth activists were detained following this event on March 15, 2015. (Photo: FEDERICO SCOPPA/AFP/Getty Images) We are not plotters or terrorists, we are a new generation of committed young Africans. We who hold the destiny of the continent in our hands must not be deprived of our freedom. We are a new civic movement that has just emerged in Africa. We will not be intimidated by long detentions, harassment and repression. We are Filimbi. We are Lucha. We are Balai Citoyen. We are Y en a Marre. We use our voices and whistles rather than weapons to advance democracy. We put good governance, responsible government and respect for basic freedoms at the top of our list of demands. In the Democratic Republic of Congo (DRC) and all over Africa,…

Motorcycle Accidents Part 2

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Today we continue the list of slang terms that relate to motorcycle accidents and safety: Eat Asphalt - To crash. Fast Riding Award - A speeding ticket. Get Off - Dropping the motorcycle. Hammer Down - To accelerate quickly. Heat …The post Motorcycle Accidents Part 2 appeared first on Personal Injury Attorney CO | Colorado Springs Lawyers.

Is there a "growing movement against death penalty – on the right"?

News Scan

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Parolee Charged With Rape One Day After Release:  A Rochester man has been charged with multiple counts of rape for sexually assaulting a 14-year-old girl on a street, just one day after being released on parole.  The AP reports that Michael Carunthers was paroled after completing just over two year of a 2½ to five year sentence for robbery.  He faces up to 50 years in prison for the rape charges. Felon Voting Bill Passes AL House:  A bill that would create a list of the felony offenses that would cost criminals their voting rights was approved Tuesday by the Alabama House of Representatives.  Tim Lockette of the Anniston Star reports that the changes to the state's 1901 Constitution would classify murder, rape, drug and terrorism charges, theft and bigamy as felonies that would revoke one's voting rights.  The bill was one of seven election-related bills sponsored by Republicans in the state. Jail Overcrowding Bill Heads To…

Hockey Player Jarret Stoll Charged with Drug Possession at Vegas Resort

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On Friday, April 18, NHL star Jarret Stoll of the LA Kings was arrested and charged with drug possession at the swimming pool area of a Las Vegas resort, according to news reports at CNN. Stoll, who is 32 years old, was reportedly charged with possession of ecstasy, cocaine, or other controlled substances. Stoll was taken to the Clark County Detention Center, where he was later released on $5,000 bail. An additional news article states the charges Stoll faces include possession of controlled substances including class 1, 2, 3, and 4 substances. A native of Melville, Canada, Stoll has played with the LA Kings since 2008. A spokesperson for the team said on Friday that the team was aware of the police reports, and that the organization had begun conducting an internal investigation out of concern. No further comments were made, as facts are continuing to be gathered by the Kings. A more recent news report at CBS Sports revealed that at the time of his arrest at the Wet Republic…

2015.55: Texas SB344 vs. HB861

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Texas Senate Bill 344: By: Huffman S.B. No. 344 A BILL TO BE ENTITLED AN ACT relating to the prosecution of the offense of online solicitation of a minor. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 33.021(a)(1), Penal Code, is amended to read as follows: (1) “Minor” means: (A) an individual who is [represents himself or herself to be] younger than 17 years of age; or (B) an individual whom the actor believes to be younger than 17 years of age. SECTION 2. Section 33.021, Penal Code, is amended by amending Subsections (b), (d), and (e) to read as follows: (b) A person who is 17 years of age or older commits an offense if, with the intent to commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure [arouse or gratify the sexual desire of any person], the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service,…

Difficult For A Defendant To Withdraw His Guilty Plea

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Requirements to Withdraw a Plea When a defendant enters into a plea negotiation with the State he has to waive all of his When a defendant enters a plea he can only withdraw it in certain instances. pretrial rights such as his right to remain silent, his right to the presumption of innocence, his right to cross examine witnesses, his right to face his accusers, and his right to a jury trial. The accused will stand before a judge to enter his plea and in so doing the judge will ask him if he is entering his plea knowingly and voluntarily and if he his waiving his rights of his own volition. This is important because if the defendant is under the influence of medication or a controlled substance or suffers from a cognitive disability or undue influence the court cannot accept the plea. Once a plea is entered it is nearly impossible to withdraw the plea, but there is an exception. The Exception to the Rule A plea of guilty or no contest may be withdrawn only upon leave of the…

Domestic violence charges need to be taken seriously

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The state of Louisiana takes domestic violence very seriously, which is why you need an effective lawyer on your side if you are facing domestic abuse battery charges. During a domestic disagreement, one party may call the police out of spite or anger and not because they are truly in danger. Unfortunately, though, almost every domestic violence call to police ends in an arrest, and prosecutors relentlessly push for maximum penalties. In fact, you face mandatory jail time, community service and losing your gun rights even if you have a clean record and the alleged victim was not left with any serious injuries. If you have any prior convictions, the stakes are even higher. In addition to criminal charges, you may also be facing a civil case involving a potential restraining order. You will also need to be represented by a skilled lawyer in this case to avoid being kept away from you home or family. Oftentimes, domestic violence allegations go hand-in-hand with a divorce or…

New Crime Bill Would Extend Statute of Limitations for Some Chicago Crimes

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Legislation introduced by Illinois State Senator Michael Hastings (D-Tinley Park) would extend the statute of limitations for armed robbery, home invasion, kidnapping or aggravated kidnapping if these crimes were committed during the course of a sex crime. Illinois Statute of Limitations Statutes of limitation are imposed to encourage people to come forward and report crimes close to the time they allegedly occurred. Waiting years to report a crime has serious ramifications, as illustrated by the recent spate of accusations against comedian and television star Bill Cosby – any physical evidence that may have existed at the time to corroborate (or not corroborate, depending on the circumstances) is long gone, turning the case into nothing more than spew of he said/she said accusations that do nothing to promote justice, and everything to destroy the reputation of the accused and the accuser (depending on whose side of the story is believed). Statutes of limitation place…

Wednesday Afternoon Open Thread

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Billy Donovan is a top candidate for the OKC Thunder job. Very nervous bout this. You can talk about actual things that actually matter here. Open Thread. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Wolfendale on Provocative Dress and Sexual Responsibility

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Jessica Wolfendale (West Virginia University, Philosophy Department) has posted Provocative Dress and Sexual Responsibility (Georgetown Journal of Gender and the Law, Forthcoming) on SSRN. Here is the abstract: Numerous studies have found that many people believe that a provocatively dressed...
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