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The Wall Street Journal on Tsarnaev's Sentence

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I read the WSJ every day, and today's editorial about Dzhokhar Tsarnaev's death sentence illustrates why.  It gets right to the point:Had Boston Marathon bomber Dzhokhar Tsarnaev been sentenced to life at a federal Supermax prison, his remaining years would have been spent in a tiny concrete cell, 23 hours a day, constantly alone, with barely a sight of the sky and none of the country. As punishment for crime goes, that might have been enough.But more than punishment was at stake in the case of Tsarnaev...The bombing was no mere criminal act carried out on an especially large scale. Tsarnaev and his brother Tamerlan...carried out an act of war aimed at the institutions and values of American civic life. The victims were unsuspecting and defenseless, and the damage done will be felt for decades. Think of the Richard family: Bill Richard, the father, eardrums blown and wounded with shrapnel; his wife Denise, who lost an eye; daughter Jane, who lost a leg; son…

Bill to study Connecticut sex offender registry heads to Malloy

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5-16-15 Connecticut: HARTFORD - A bill calling for a study of Connecticut's sex offender registry is heading to the governor. The House of Representatives voted unanimously late Thursday in favor of the bill, which would require the Connecticut Sentencing Commission to study various aspects of the registry. The registry provides the public with information on sex offenders living in the state

Why is John Bradley smiling? ... and other stories

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Here are a few odds and ends that may interest Grits readers from a busy week in which the legislative picture for 2015 began to gain some clarity.A case study in faulty sex-offender registration restrictionsNot long after testifying at the Legislature on the unfairness of sex-offender registration conditions, Fresh off a Soros fellowship, and just a couple of weeks after testifying before the Texas Legislature, activist Josh Gravens' faces prison again for a sex-offender registration violation. See an account of his alleged new offense by an eyewitness.Somewhere in Palau, John Bradley is smiling Williamson County politics is sort of a cesspool and DA Jana Duty has been feuding with the local establishment for a decade. So it's hard to tell from the coverage whether a judge's threat to hold her in contempt for violating a gag order has subtexts beyond the immediate issues in the case. Regardless, somewhere in Palau, John Bradley is smiling.Newsflash (not!): DPS…

Dharmapala, Garoupa & McAdams on Agency Costs, Law Enforcement, and Criminal Procedure

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Dhammika Dharmapala , Nuno M. Garoupa and Richard H. McAdams (University of Chicago Law School , Texas A&M University School of Law and University of Chicago Law School) have posted Punitive Police? Agency Costs, Law Enforcement, and Criminal Procedure on...

Palm Beach Cop Charged for Beating Handcuffed Inmate

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Being arrested isn't fun, and there probably isn't anyone out there who'd tell you that when you're arrested, you should expect gentle treatment and a nice, relaxing atmosphere. That said, as our Delray Beach and Hollywood criminal defense lawyers at the Law Offices of Leifert & Leifert know, if you've been arrested, you do deserve to be treated safely and with respect. As one Palm Beach County police officer recently learned, beating a suspect and lying about it can land you in some hot water in the form of serious criminal charges.

Investors Who Purchase Properties at Foreclosure Sales Should Not Face Federal Criminal Charges

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The Department of Justice has recently announced another guilty plea in a federal criminal case alleging that a real estate investor was involved in “bid rigging” by agreeing to partner… read more → The post Investors Who Purchase Properties at Foreclosure Sales Should Not Face Federal Criminal Charges appeared first on .

"Towards a Theory of Mitigation"

5 brave ways activists are fighting for LGBT rights worldwide

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 Around the world, people face violent attacks and threats simply because of who they are or whom they have sex with. But some brave activists are still standing up for their rights. To mark the International Day against Homophobia, Transphobia, and Biphobia (IDAHOT) on May 17, we celebrate the courageous activism of lesbian, gay, bisexual, and transgender (LGBT) people worldwide. Kostas and Zabi were brutally beaten up in a homophobic and racist attack in central Athens 1. Pushing to end hate crimes in Greece In Greece, LGBT rights organizations tell us violent attacks on the grounds of sexual orientation and gender identity have more than doubled over the last year. In August 2014, Kostas and Zabi, a Greek-Pakistani gay couple, were brutally beaten up in a homophobic and racist attack in central Athens. “I think they could tell we are a couple, and they targeted us because of that and Zabi’s skin colour,” says Kostas. “Last thing I saw was Zabi…

Appeals Court Vacates Child Pornography Conviction After Court Refuses Motion to Withdraw

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Our legal system is adversarial. It was set up that way. Thus, it is inevitable that relationships between defense attorneys and prosecutors and the courts are […]

Passed Out in Running Car Sufficient Evidence to Convict on DWI

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The core facts in the case of Chad William Murray are not in dispute. His minor criminal saga began between 1:00 a.m. and 2:00 a.m. on […]

Crash Northbound I15 near Inkom

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Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: May 16, 2015 at 11:40 a.m. Please direct questions to the District Office On May 15, 2015, at approximately 11:40 a.m., Idaho State police investigated a one-vehicle crash southbound on I15 near milepost 59, north of Inkom. Sierra Sorenson, 19, of Idaho Falls, was driving southbound on I15 in a 2013 Nissan Frontier when she lost control, drove into the median, rolled and came to rest in the northbound lanes. Sorenson was transported by ground ambulance to Portneuf Medical Center. She was wearing her seatbelt. Northbound lanes were partially blocked for approximately one hour. This crash is under investigation by Idaho State Police. js/kb -------------

Doubt Cast On Role of Killed ISIS Money Man

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The U.S. killed ISIS money man Abu Sayyaf in a raid near Deir Ezzor. Some media report he is a top IS leader. The Guardian casts doubt on his role. The name Abu Sayyaf has not been on lists of top-line Isis leaders and he is not known to have... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Fatal Crash near New Meadows

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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: May 16, 2015 3:30 p.m. Please direct questions to the District Office On May 16, 2015, at approximately 8:45 a.m., the Idaho State Police investigated a single vehicle crash on US Highway 95, at milepost 158, south of New Meadows. Kristina Montgomery, 20, of Caldwell, was driving south on US Highway 95 in a 2000 Buick LeSabre. Montgomery drove off the right shoulder, overcorrected, and drove off the left shoulder. The vehicle went off the embankment and collided with a tree. Montgomery succumbed to her injuries at the scene of the crash; she was wearing her seatbelt. The road was partially blocked by emergency crews for approximately two and a half hours while they worked…

Second Attempt to Reform Spousal Support Crashes and Burns

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It almost happened in 2013 as proponents of alimony reform in Florida heralded what they believed was the forthcoming passage of new laws eliminating lifetime spousal support and introducing other significant changes in alimony laws. However, women’s groups and divorce attorneys convinced Governor Rick Scott to veto the new law and the hopes of overburdened spouses were dashed. Fast forward to 2015 where two separate alimony reform bills were introduced to legislators. Florida’s Senate embraced a bill that would end life time spousal support and provide a calculation for the amount and length of support based on the length of the spouses’ marriage and their respective incomes. Not content to focus on alimony reform, it also contained a provision mandating 50/50 shared parenting. Meanwhile, a similar but separate bill was the subject of debate in Florida’s House where it handily passed. While the Senate bill raised the heated controversy surrounding equal…

State v. Tozier, The Intoxilizer 8000 & The HairFibber2000

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Posted by: Edmund R. Folsom, Esq.Date:  May 16, 2015State v. Tozier, The Intoxilizer 8000 & The HairFibber2000In State v. Tozier, 2015 ME 57, Maine’s Law Court recently decided that the Confrontation Clause of the U.S. Constitution does not require the State, in order to introduce the results of an Intoxilizer breath test at trial, to present testimony as to how the Intoxilizer machine analyzes breath samples and produces results.  To back up a few steps, the issue arose because the U.S. Supreme Court has declared that “testimonial” evidence may not be introduced against a defendant at a criminal trial unless the declarant testifies at trial and is subject to cross examination.  Without getting into an extensive discussion of how a court determines whether evidence is “testimonial,” it’s important to an understanding of Tozier to know something about the U.S. Supreme Court’s opinions in Melendez-Diaz v.…

A gross miscarriage of justice

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The author of this article is correct, in that, listing someone without a conviction is a miscarriage of justice. With that said the author clearly has no concept of former sex offenders listed and what is correct or incorrect for them, years past their convictions. The registry is a miscarriage of justice for all folks who do not belong there, and those who are forced to be listed many years

Strader, Selvin & Hay on the Case for Gay Shield Laws

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Kelly Strader , Molly Selvin and Lindsey Hay (Southwestern Law School , Stanford Law School and Southwestern Law School) have posted Gay Panic, Gay Victims, and the Case for Gay Shield Laws (Cardozo Law Review, Vol. 36, 2015) on SSRN....

After reversal of most serious charges, elderly nun and fellow peace activists released from federal prison

Case o' The Week: Right to Fire Sparks Ninth's Ire - Brown and the Sixth Amendment Right to Counsel

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 Brown, with no Green, results in a colorful decision.United States v. Brown, 2015 WL 2215899(9thCir. May 13, 2015), decision available here.Players: Decision by Judge Berzon, joined by Judges Reinhardt and Gould. Big win for D. Nev. AFPD Jason Carr.  Facts: Brown was charged with a number of child-porn-related offenses. Id. at *1. Weeks before trial, retained counsel filed a motion to withdraw from the case and substitute a public defender. Id.   After a hearing, the Honorable District Judge Robert Clive Jones denied the motion, explaining to Brown “he would not receive nearly as good a defense were the court to appoint a public defender.” Id.at *4.   Trial was continued, Brown was convicted, and he was sentenced to 180 months. Issue(s): Were there sufficient reasons to deny Brown’s right to discharge his retained counsel and be appointed CJA counsel?Held: “We now reiterate Rivera–Corona’s intertwined rules: (1)…

Who Really “Won” the Tsarnaev Trial?

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Well I guess I was wrong about the jury in the Tsarnaev case. Sounding a bit facetious (but not really) I did not expect them to play so willingly into the Tsarnaev brothers’ murderous hands. Nor show such mercy. To some of you doing that may not make much sense (and I would have to assume that most of you would be defense lawyers like me.)  For the rest of you, read on. Taking that second point first, since it is so much easier to explain, let’s begin with what it really feels like to be locked up in U.S. Federal Detention. I know. I have been there. No, not because I’ve been in trouble. It’s because I have been inside the “Belly of the Beast” visiting clients when there was some minor security breach and the entire facility, lawyers, visitors, and everyone else under the sun, are all “LOCKED DOWN“, and ordered to stay precisely where we were until the dust settled. It’s no fun. Really NO FUN. When that has…
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