The United States Supreme Court issues its long-awaited decision in Elonis v. United States. How cool is that? Via Ken White at Popehat: So what did the Supreme Court do? Screw everything up. Wut The Supreme Court could have ruled on just Section 875(c) — it could have just said “this statute requires proof of subjective intent.” It could have gone further and ruled on the First Amendment, saying “the First Amendment requires subjective intent to prove a true threat” or that the First Amendment doesn’t require that. Instead, seven justices ruled that Section 875(c) requires the government to prove something more than what it did, but not exactly what. Via Venkat Balasubramani at Technology & Marking Law Blog: The “reasonable person” standard is a familiar and well-worn one, but it’s insufficient because it’s a negligence standard, and criminal statutes are presumed to require a higher level of…
What We Learned From Elonis
↧
↧
U.S. Justice Department v. FIFA Executives and Others in Bribery Indictment
In an ironic twist, the U.S. Justice Department unsealed a 47-count indictment this morning charging nine present and former officials of the Federation Internationale de Football Association (better known by its acronym, FIFA) and five sports marketing executives with fraud, racketeering, bribery and money laundering. The guilty pleas of four individuals and two entities relating to these same allegations were also unsealed. The indictment alleges that officials of FIFA, which controls the media and marketing rights to international soccer tournaments worldwide, received bribes totaling more than $150 million in connection with the award of those rights. The defendants also include sports executives alleged to have paid those bribes, and the indictment also charges that intermediaries were used to launder the proceeds of those bribes. The lead charge in the indictment is an alleged violation of the federal Racketeering Influenced and Corrupt Organizations Act (RICO). At the…
↧
Florida Drivers Still Most Vulnerable in U.S.
Unlike 48 of the other 50 states, Florida does not require its drivers to carry insurance that will pay for bodily injury caused by a negligent or reckless driver. According to a recent study done by the Insurance Information Institute, Florida is second only to California in the number of uninsured motorists on the highways. […]
↧
Supreme Court Narrowly Decides Online Threats Case, Elonis v. U.S.
At long last, the Supreme Court has issued an opinion in Elonis v. United States. I blogged about the opinion back when the Court granted certiorari in Elonis to answer this question presented:Whether, consistent with the First Amendment and Virginia v. Black, conviction of threatening another person under 18 U.S.C. § 875(c) requires proof of the defendant's subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a “reasonable person” would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort.Yesterday, the Supreme Court held that the "reasonable person" test is insufficient to support a conviction under 18 U.S.C. § 875(c). The Court did not address what level of intent is required to support a conviction, and the Court did not decide whether the reasonable person test was…
↧
Why a Paternity Lawyer Matters
The Kardashians. Love them or hate them, it’s impossible to avoid them. Khloe Kardashian has recently been the subject of gossip news headlines that allege that the deceased Robert Kardashian Sr., best known as one of OJ Simpson’s defense attorneys, is not Khloe’s biological father. There’s speculation that her biological father may be her mother’s former hairdresser, Lionel Richie, or even OJ Simpson. Since Khloe is now an independently wealthy adult, there is little practical value to resolving the paternity issue. However, this usually isn’t the case. Paternity is an important family law issue that impacts the rights of parents and their children. The following are a few of the most common questions we receive regarding paternity: What is a Paternity Action? A paternity lawyer can held initiate a formal legal proceeding to determine the legal father of a child. Though often thought of as an action brought by the mother of a minor…
↧
↧
Clay County student charged with misdemeanor, accused of filing false police reports
A girl who claimed to have been pulled over by people pretending to be police officers has been arrested, accused of making the entire story up. The high school student, 18, is now charged with filing a false police report, according to a report in the Florida Times-Union. The charge is a first-degree misdemeanor, punishable by up to one year in the county jail. Even though she is still in high school, because she is 18 her case will go through adult court and not juvenile court. Clay County Criminal Cases can only be handled in juvenile court if the defendant is 17 years old or younger. The state can choose to charge younger people as adults, but the system does not work in reverse, even if the defendant is in high school. Police said the girl called police about being stopped by two men who had flashing police lights and then tried to get into her car, the newspaper reported. Police investigated the case and continued to ask questions of the girl, who stuck by her…
↧
Why Black Jurors Matter
In America’s criminal courtrooms, it is no secret that prosecutors, whether it be Assistant State Attorneys prosecuting for the State of Florida or Assistant United States Attorneys prosecuting for the Federal Government, will use peremptory challenges to strike “black, brown and yellow skinned” people from sitting on criminal juries. Having picked tens of juries, through my years of criminal trial practice, it still amazes me at the amount angst prosecutors demonstrate at the sight of “black, brown and yellow skinned” people on jury venires. Governmental striking of people from jury panels, because of their skin color is a very important body of law that must be strictly adhered too, if justice is to prevail for the accused. Furthermore, for the community to feel they are properly represented and their voices are heard, the protections afforded to all Floridians under Sec. 22 of the Florida Constitution providing that: “the right of trial by…
↧
Avoid a Motorcycle Accident or DUI During Bike Week 2015 in Laconia, New Hampshire
Laconia Motorcycle Week moves another year closer to the century mark with its 92nd annual celebration. Bikers who ride safe will hopefully return to bike week for many years to come. More than 400,000 riders will descend on this central New Hampshire town and lakes region beginning June 13 for the weeklong, world class rally. With a full slate of events, celebrations and parties, motorcyclists can easily get lost in the excitement and forget essential safety rules to avoid a motorcycle accident and or DUI arrests. A little bit of caution will keep you on your bike enjoying your ride. Do some planning before heading out to parties and gatherings. Keep these tips in mind: If you plan to drink, park your bike. Arrange transportation with a friend or plan to stay overnight at the party site. These plans are easier to make before you take that first drink. Eat before you drink. Alcohol on an empty stomach is absorbed much faster, and you will get intoxicated much more…
↧
SpearIt on Downsizing Imprisonment
SpearIt (Texas Southern University - Thurgood Marshall School of Law) has posted Economic Interest Convergence in Downsizing Imprisonment (University of Pittsburgh Law Review, Vol. 25, 2014) on SSRN. Here is the abstract: This Essay employs a variation of the “interest...
↧
↧
Experienced DWI/DUI Lawyers Avoid Mistkes
The client did possess a commercial driver’s license but when he was pulled over for exceeding the speed limit by 15 miles per hour, he was operating his personal vehicle. When the Trooper approached the defendant he smelled of alcohol, had a flushed face and had slurred speech. The Trooper asked him to step out of the vehicle to perform field sobriety tests. In the opinion of the officer, his performance on the field sobriety tests indicated that he was impaired by alcohol. He was taken into custody and once back at the barracks, agreed to take the breathalyzer. The test result was .11 grams of alcohol per 210 milliliters of breath. The case against the defendant was strong to be sure. The Trooper clearly had probable cause to pull him over as he was exceeding the speed limit by 15 miles per hour. Based on the smell of alcohol, his performance on the field sobriety tests and the Trooper’s other observations, it was also quite clear that the Trooper had…
↧
Supreme Court Rules in Facebook "Threatening Messages" Case
Yesterday, the Supreme Court kicked-off rulings season by issuing a number of key opinions, one of which dealt with a man who had been convicted of violating a federal threat law after posting what the government deemed to be threatening messages on Facebook. As our West Palm Beach and Fort Lauderdale criminal defense lawyers know, technology has created many dilemmas in today's society; one of the most complex has been determining the extent to which free speech applies in the realm of social media. Thankfully, with their ruling, the Supreme Court reaffirmed the strength of our First Amendment by siding with Anthony Elonis in his case against the government. The Court held that "negligence alone is not sufficient to support a conviction."
↧
Understand Consent With the Help of Stick Figures and a Cup of Tea..
In this hilarious and enlightening new animated video from Blue Seat Studios, consensual sex is explained in a way that even the simplest of minds will understand. By replacing sex with a cup of tea, this crudely-drawn short offers a very clear picture of what “saying yes” looks like. The script for this video came from blogger,Rockstar Dinosaur Pirate Princess. Charged with Sexual Consent in Monmouth or Ocean County New Jersey? At IMG Legal our firm provides experienced, aggressive legal
↧
District One Fatality Crash US95 / W Elmira Rd
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT ONE CASE # C15001113 --------------------- PRESS RELEASE ----------------------------- DATE: 6/2/2015 TIME: 4:18 PM LOCATION: Northbound US95 at W Elmira Rd milepost 490.7 ASSISTING AGENCIES: Bonner County Sheriff's Department VEHICLE #1 ------------- DRIVER Hjelt,Alexander C AGE 24 years ADDRESS Post Falls,ID INJURIES? - No HOSPITAL/LOCATION TAKEN ? None VEHICLE YEAR 2014 VEHICLE MAKE Chevy VEHICLE MODEL Silverado WRECKER Clydes SEATBELT WORN? Yes PASSENGER(S)…
↧
↧
College Student’s Delaware Municipal Court Underage Drinking Charge Dismissed
A young college student was recently at a party with some of her friends and they were playing music a bit too loudly. The police were called and while responding they started questioning the young ladies in attendance. They quickly realized that none of the ladies were of legal age to drink and charged all [...]The post College Student’s Delaware Municipal Court Underage Drinking Charge Dismissed appeared first on Columbus Criminal Attorney.
↧
Too Young for a Will?
Mark Glover, Rethinking the Testamentary Capacity of Minors, 79 Missouri L. Rev. 69 (2014). Solangel Maldonado The primary goal of the law of wills is to allow individuals to decide how to distribute their property upon death. Yet, the vast majority of states prohibit minors under the age of 18 from distributing their property through a will. Interestingly, few scholars have questioned the reasons underlying this categorical denial of testamentary capacity to minors. In his 2014 article, Rethinking the Testamentary Capacity of Minors, Professor Mark Glover examines the possible rationales for the rule and concludes that none of these justifications warrant denying all minors testamentary freedom. First, he addresses the justification most often cited by courts—the need to protect minors from the consequences of their own foolish decisions. Although no one would dispute that children do not always consider the potential consequences of their decisions (neither do…
↧
Verteidigung im Ermittlungsverfahren
Der „Bosbach“ zählt zu den Klassikern der Anwaltsliteratur für das Ermittlungsverfahren, mit dem vor nunmehr 30 Jahren die Reihe „Praxis der Strafverteidigung“ den Anfang nahm. Das Ermittlungsverfahren wurde in seiner Bedeutung für die Verteidigung lange unterschätzt, bis Peters in seinen „Fehlerquellen im Strafprozess“ feststellte, dass bereits im Ermittlungsverfahren die Weichen auf das richtige (oder falsche) Urteil gestellt werden. Dadurch war gewissermaßen auch schon der Grundstein für dieses Buch gelegt. Nach heutigem Verständnis ist das Ermittlungsverfahren jedenfalls zentraler Bereich der Wirkkraft einer effektiven Verteidigung, wozu dieses Werk maßgeblichen Beitrag geleistet hat. Das Praxisbuch vermittelt den unerlässlichen Grundbestand dessen, was jeder Berufsanfänger unbedingt wissen sollte. Beginnend bei der Mandatsanbahnung und –übernahme, bei…
↧
First, The Crime, Then The Tears
For a brief and shining moment, sanity returned to journalism as Sabrina Rubin Erdely was revealed to have sold a lie about a rape that never happened. The University of Virginia was not amused. Rolling Stone magazine retracted the story and apologized for sucking. Erdely was found walking down dark alleyways, bumping into walls, over and over, mumbling “so what, so what?” It almost seemed as if the media remembered the one word that required a trigger warning more than any other: facts. Then the moment devolved into another word, excuses, and spittle shot from advocates mouth, striking anyone within earshot. At the New Republic, freelance writer Jessica Luther seeks to rehabilitate advocacy journalism with an argument against facts, against relying on evidence when there are feelings to be told. She begins by taking issue with Mike Taibbi’s offer of a very cautious approach: Then Taibbi, without being asked, offered some advice on…
↧
↧
Sex Crime Investigations: Evidence Collection Protocol in Texas
In Texas, sex crimes are investigated by collecting evidence. The police will attempt to find evidence to corroborate the claims of the alleged victim. As part of this effort, they will collect many different kinds of evidence. From witness statements to DNA samples, they will be thorough in their investigation. The type and amount of evidence that the police recover can have a huge impact on the outcome of a trial. Types of Evidence There are several different categories of evidence that police collect when investigating a sexual assault. They can include: Physical Evidence Medical Evidence Statements Physical Evidence Physical evidence is often the first thing that the police look for in a rape investigation. This is a broad category that can include many different kinds of evidence. Some common examples include: Signs of a struggle (forced entry, overturned furniture, etc) Signs of violence (blood, broken glass, weapons, etc) Signs of victim injury (bruising, bleeding,…
↧
Penalties for Statutory Rape in Texas
In Texas, statutory rape occurs whenever a victim who is between the ages of 14 and 16 has sex with someone who is more than three years older. The reason is because Texas lawmakers have determined that anyone under the age of 17 is unable to consent to sex due to a lack of maturity. Since minors under the age of 17 are incapable of consenting, forced penetration is not required. It is also not necessary for the actor to know the age of the victim before charges can be brought. Crime of Strict Liability Most criminal offenses require the prosecution to prove that the defendant intended to perform a deviant act. That’s not the case with statutory rape, as Texas law makes it a crime of strict liability. That means intent is not necessary in order to prosecute. As such, an individual may be charged with statutory rape, even if he or she did not have bad intentions. The fact that the actor did not know the age of the victim or believed him or her to be older is not a defense.…
↧
What to Expect at an Expuction Hearing
Not everyone who is convicted of a minor offense goes on to commit bigger ones. In fact, a good number of people never reoffend again. These individuals nonetheless find that their previous mistake hampers their ability to move on with life. Fortunately, a good number of them are eligible for expunction to help give them a fresh start. What is Expunction? Expunging criminal records essentially involves wiping the slate clean so that information about an arrest can no longer be found by anyone performing a background check. Other law enforcement agencies can still see the information, but potential employers and landlords cannot. Those who are granted an expunction can legally answer “no” when asked if they have ever been convicted of a crime. The Expunction Process The first step in the process is to determine whether or not an individual is eligible for one. Section 55 of the Texas Code of Criminal Procedure deals with the expunction of criminal records, which is…
↧
More Pages to Explore .....
