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

Crash near Caldwell sends one to hospital

0
0
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 04/22/15 3:34 p.m. Please direct questions to the District Office On Wednesday, April 22, 2015, at approximately 12:25 p.m., the Idaho State Police investigated a one-vehicle, injury crash on Interstate 84 at milepost 30, near Caldwell. Skylor Wiley, 18, of Nampa was westbound in a 1997 Ford F-150. Wiley's vehicle went off the left shoulder into the median. Wiley overcorrected, and lost control of the vehicle. The vehicle rolled across the westbound lanes of travel and through the right-of-way fence. Wiley was not wearing a seatbelt, and was ejected from the pickup. He was transported to Saint Alphonsus Regional Medical Center in Boise by ground ambulance. The…

Tsarnaev, Silence, and Remorse

0
0
The prosecution has rested in the penalty phase of the trial of Boston Marathon bomber Dzhokhar Tsarnaev.  If he does not testify in the penalty phase, as I expect he will not, can that silence be used against him as indicating a lack of remorse?  I don't know.In White v. Woodall, decided one year ago today, the Supreme Court reviewed its precedent in Mitchell v. United States, 526 U.S. 314, 328 (1999):"The Government retains," we said, "the burden of proving facts relevant to the crime . . . and cannot enlist the defendant in this process at the expense of the self-incrimination privilege." Id., at 330 (emphasis added). And Mitchell included an express reservation of direct relevance here: "Whether silence bears upon the determination of a lack of remorse, or upon acceptance of responsibility for purposes of the downward adjustment provided in §3E1.1 of the United States Sentencing Guidelines (1998), is a separate question. It is…

How Will Virginia Reckless Driving Affect Your Law School Application?

0
0
Many law schools consider criminal history when you’re applying for law school. There may be even be places on the application for you to list criminal convictions and charges. Reckless driving in Virginia is a Class 1 Misdemeanor.  That means that even by simply getting the reckless driving ticket that you are currently facing, you may have to report that on your actual application, and can certainly, if they ask about criminal convictions, you would need to report a conviction for reckless driving on your application. This is why if you’re facing a reckless driving ticket in Virginia, you definitely need to contact me so we can discuss the possibilities of getting a different outcome in your case. Depending upon the overall facts of your case, many outcomes may be possible, such as getting the charge reduced to a minor speeding ticket, or maybe even having the charge dismissed completely. If your law school application simply asks about criminal convictions,…

Senate finally votes on AG nominee and confirms Loretta Lynch by vote of 56 to 43

Loretta Lynch Confirmed

0
0
The vote was not that close, 56-43.  The Wall Street Journal has the story.

Tsarnaev, Silence, and Remorse, Part II

0
0
Kent has noted that, on the current uncertain state of the law, prosecutors would be taking a risk if they use Tsarnaev's (presumed) silence as evidence of lack of remorse.  I concur.  But there's more to this story.At first, I agreed with the conventional wisdom that defense counsel would not call their client to the stand.  Now, I have my doubts.  The government's evidence of the savagery and cruelty of this crime in my view makes the death penalty likely unless the defense can move the ball.I think their best shot to avoid lethal injection is to call Tsarnaev and have him show remorse.  If he does so, and makes a convincing showing, I think he lives. It would help if he broke down in tears of grief in a way that struck the jury as sincere, and not a coached performance.And there's the rub.  I have seen not a lick of evidence that Tsarnaev actually feels any differently than he did the day of his capture.  That afternoon,…

Thursday Open Thread

0
0
Busy day. Here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Alliances Lead to Reform in How Cops Conduct Lineups in Colorado

0
0
By Amshula Jayaram, state policy advocate Colorado recently became the 12th state in the nation to adopt uniform best practices for eyewitness identification procedures, following a trend that encompasses every region of this country, from Texas to Wisconsin to New Jersey.  All of the residents of these states are now being served by police departments that are using eyewitness identification practices that have been scientifically proven to reduce the likelihood of misidentification. This is a major development, considering misidentification is the leading contributor of wrongful convictions overturned by DNA evidence, playing a role in 72% of such cases, nationally.   In Colorado, the legislation passed without a dissenting vote.  That was the result of collaboration between prosecutors, law enforcement officials, advocates and members of the legislature.  Those members were undoubtedly moved by the harrowing testimony of exonerees Brandon Moon and…

Yet Another Unfortunately Named Establishment

Commercial Driver's License? A new case may change things for the better.

0
0
In Florida, a brand new legal case just came out that concerns those who have a commercial driver's license ("CDL"). CDL are driver's licenses that are needed for many jobs. Commercial truck drivers, beer trucks and even some furniture movers need to have this license. The big problem for these CDL carriers happens when they receive a traffic ticket. Speeding, careless driving or even lesser known tickets such as a wide turn brought major problems to these drivers. That is because with a CDL you are unable to receive a withhold of ajudication. Any ticket you receive is an automatic conviction if you are found guilty. A conviction mean points on your driver's license and often automatic termination of your employment! Unlike us non-commercial drivers, these drivers are unable to take a driving course in lieu of a conviction or have their traffic ticket attorney negotiate a no-conviction plea with the state. This may all change now with a brand…

News Scan

0
0
Medical Pot Law Dies In Florida:   The effort to pass a medical marijuana law during the current legislative session has "gone up in smoke" according to this story (registration required) by Bradenton Herald reporter Michael Auslen.  The chief proponent, Republican State Senator Jeff Brandes, had conceded that his bill is effectively dead this session.  He said he plans to work through the summer to draft legislation that will gain enough votes to pass next year.Colorado Senate Passes Fetal Homicide Bill:  The Republican controlled Colorado Senate passed legislation classifying the killing of an unborn child as murder.  Megal Verlee of Colorado Public Radio reports that the measure was introduced in response to the  recent assault on a pregnant woman in which her unborn baby was cut from her womb as reported here .  Abortion advocates are opposed to the bill, arguing that if passed it might permit the murder prosecution of a…

Are Alcotest Results In New Jersey Definitive In A DUI Case?

0
0
Alcotest results can be very persuasive in a New Jersey DUI case, but they don’t have to be definitive. Read More

Motorcycle Crash Terms Part 3

0
0
Today is our third installment of motorcycle rider slang that centers around safety and accidents. MSF – This is the acronym for the motorcycle safety foundation. This organization provides training for beginning and experience riders, and their courses are invaluable …The post Motorcycle Crash Terms Part 3 appeared first on Personal Injury Attorney CO | Colorado Springs Lawyers.

Are Field Sobriety Tests In New Jersey Definitive In A DUI Case?

0
0
No, Field Sobriety Tests are not definitive evidence in a New Jersey DUI case, and in many cases may not be admissible at all. Read More

Delaware Chancery Awards Investors $171 Million

0
0
On April 20, 2015, the Delaware Court of Chancery issued a decision awarding $171 million in damages to the common unitholders of a limited partnership against its general partner in connection with a “dropdown” transaction.  The decision is the latest in a series of decisions by the Chancery Court concerning the conduct of directors and advisers in conflict of interest and/or sale of the company transactions.  See also In re Rural/Metro Corp. S’holders Litig., No. 6350-VCL (Del. Ch. Oct. 10, 2014); Chen v. Howard-Anderson, No. 5878-VCL (Del Ch. April 8, 2014); In re Orchard Enter., Inc. S’holder Litig., No. 7840-VCL (Del. Ch. Feb. 28, 2014).  The decision yet again highlights areas that should be of concern to boards and their advisers in such transactions. Background El Paso Pipeline concerns a series of related-party transactions known as dropdowns, in which a controlled entity purchases assets from its parent.  In the energy…

Getting Busted with Pot in Texas Will Cost You.. Even if You’re a Minor

0
0
Getting caught with marijuana in Texas is a big deal. Texas arrests more people for marijuana possession each year than any other state in the U.S. Minors who are charged with marijuana-related offenses may face severe legal consequences. However, minors may be able to take advantage of legal defenses that can reduce the severity of these legal penalties. Marijuana Penalties The penalties for marijuana-related crimes can vary based on the amount of the drug involved in the case and the criminal history of the defendant. For example, a person who has no previous drug offenses may face less severe consequences compared to a person with multiple previous drug arrests. Also, the penalties for simple possession are usually less severe than the penalties for trafficking or selling marijuana. Typically, a first-time marijuana offender who is charged with a simple possession offense can face: Conviction on a Class B misdemeanor charge Up to 180 days in jail A fine of up to $2000…

In the News & Around the Blogosphere

0
0
Jennifer Steinhauer, NYTimes, Senate Confirms Loretta Lynch as Attorney General After Long Delay Michael S. Schmidt & Matt Apuzzo, NYTimes, David Petraeus Is Sentenced to Probation in Leak Investigation (esp)

Georgia Man Convicted of Arson Murder Will Get New Trial

0
0
The arson and murder convictions of a Georgia man were vacated on Monday by the state supreme court, according to the Atlanta Journal-Constitution.  Justice Robert Benham ruled that prosecutors neglected to turn over important evidence which could have aided in the defense of Justin Chapman, who was convicted in 2007 of setting the fire that killed his landlady.   The case hinged upon the testimony of Joseph White, a jailhouse informant who testified that Chapman confessed to intentionally setting the fire.  White stated during trial that he was not offered a deal in exchange for his testimony. In Justice Benham’s ruling, however, the judge writes that  there is video evidence of White stating the opposite—that he was offered a deal by the prosecution, information withheld from Chapman’s defense team. According to the Journal-Constitution, this evidence would have shown inconsistencies in the informant’s version of the story. If…

Ross & Wright on Police Perceptions of Graffiti and Street Art

0
0
Jeffrey Ian Ross and Benjamin Wright (University of Baltimore - School of Law and University of Baltimore) have posted 'I've Got Better Things to Worry About': Police Perceptions of Graffiti and Street Art in a Large Mid-Atlantic City (Police Quarterly,...

Roundup: Court costs, innocence, reentry, and faulty forensics

0
0
There's so much happening at the Legislature so quickly right now, good and bad, that it's hardly worth writing about all the moving targets. Perhaps over the weekend there will be time for a more thorough review of where we stand. Meanwhile, here are several non-legislative items which have been clogging up my browser tabs and would merit independent posts if your correspondent didn't have so much going on.FBI admits to overstated hair analysesLots of national press this week on the FBI's overstated forensic testimony involving hair and fiber matches. See here, here, here, and here. The Texas Forensic Science Commission, readers will recall, is performing their own review of Texas cases. All of our hair and fiber examiners were trained by the feds and use the same techniques.A rare look at court costsThe Austin Monitor's Tyler Whitson took a rare, in-depth look at court costs litigation by former GOP Court of Criminal Appeals candidate Jani Maselli…
Viewing all 71824 articles
Browse latest View live




Latest Images