Ron Paul at Townhall: "Death Penalty is Big Government at Its Worst"
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Kari Responds
Owning up. About two weeks ago I posted the explanation that Spence Pacheco, the District Attorney in Santa Fe, gave regarding a dismissal in one of her cases. That was a stand-up move.Kari does the same.You want to know how you continue getting elected in Albuquerque, an area that has continued to lean conservative over the last 15 years or so, while you're a Democrat?Be fair and honest and to the point.http://www.abqjournal.com/598675/opinion/brandenburg-plenty-of-blame-to-go-around-in-romero-case.html
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Texas Exoneree Joyce Ann Brown Dies
Texas exoneree Joyce Ann Brown passed away on Saturday. She was 68 and had suffered a heart attack at her home in Dallas earlier in the week. Brown served nine years of a life sentence for a robbery conviction before she was exonerated through the help of Centurion Ministries. After her exonerations, Brown devoted much of her time to helping people who were incarcerated or who had been incarcerated. You can read more about her in an obituary in the Dallas Morning News.
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 639 Ten Seldom Discussed Foreign Corrupt Practices Act Facts that You Need to Know Mike Koehler Southern Illinois University School of Law Date posted to...
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Florida Cybersex Sting Nets Men Who Worked at Disney World and other Tourist Attractions
The latest installment in Polk County Sheriff Grady Judd's crusade to crack down on Internet child sex offenders led to the arrest of no less than 22 men, each one of them looking to have sex with girls whom they believed to be between the ages of 10 and 14. Instead of finding a young girl, the men who entered the designated meeting spot in Clermont, Florida got the surprise of their lives when sheriff's deputies burst on the scene instead. Although stings like these have become commonplace across the nation, Operation L&P, named for the two participating Florida counties, Lake and Polk, made national press because its details were especially salacious. Several of the men arrived with sex toys; one had allegedly brought along a whip. What's more, several of the men arrested worked in places where they were able to interact children regularly. One was employed by Disney World and another…
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News Scan
Escaped NY Prisoners Planned to Kill Prison Worker's Husband: The two convicted murderers who escaped from a New York maximum security prison over a week ago were allegedly planning on killing the husband of the prison worker accused of helping them escape. Fox News reports that 51-year-old Joyce Mitchell had planned on picking up David Sweat and Richard Matt in her vehicle to drive them to her home, but instead checked herself into a hospital after getting cold feet. Mitchell reportedly befriended the inmates and smuggled in contraband and power tools for them. Realignment Causes Violence, Smuggling in SLO Jails: The San Luis Obispo County Sheriff's Office continues to face challenges of violence and smuggling at the County Jail due to a changing inmate population that shifted after prison realignment, also known as AB 109, was passed in 2011. Matt Fountain of the San Luis Obispo Tribune reports that an increased presence of dangerous…
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DC-based Children’s Hospital pays nearly $13 million to settle whistleblower’s cost report fraud allegations
On June 15, the Department of Justice announced that Children’s Hospital of Washington, D.C., had agreed to pay $12.9 million to resolve civil claims, originally brought by a whistleblower, that the pediatric hospital provided misleading cost reports and false applications for payments under a federal program to help sustain graduate pediatric medical education. According to DOJ’s press release: Children’s Hospital, Children’s National Medical Center Inc. and its affiliated entities (collectively CNMC) have agreed to pay $12.9 million to resolve allegations that they violated the False Claims Act by submitting false cost reports and other applications to the components and contractors of the Department of Health and Human Services (HHS), as well as to Virginia and District of Columbia Medicaid programs, the Department of Justice announced today. CNMC is based in Washington, D.C., and provides pediatric care throughout the metropolitan region.…
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Can Refusal of Roadside DUI Tests be Used Against You?
The refusal of roadside testing can be used in combination with other factors for the officer to still try to prove that he was justified in arresting you. Contact me today to see what defense options you have. © marketing for Andrew Flusche, 2015. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post Can Refusal of Roadside DUI Tests be Used Against You? appeared first on Andrew Flusche.
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And the new Innocence Project of Texas ED is ...
Your correspondent today begins a new gig as Executive Director of the Innocence Project of Texas (IPOT) following a significant bout of staff turnover in the last few months. Pam Colloff of Texas Monthly broke the news this morning.The group's office will soon be moving to Austin from Lubbock and with any luck there'll be several additional, exciting announcements in the near future about new directions the group will be taking. As regular readers may imagine, I have lots of ideas.I worked for IPOT as their policy director from 2008 until last year, when they were forced to scale back staffing due to a budget crunch. So this is a bit of a homecoming for me. I know the group well and have a pretty good sense of the job. And it presents an exciting opportunity at an historical moment when the state is about to (re)study the causes of false convictions and recommend solutions through a formal innocence commission.I appreciate the board giving me the opportunity and also…
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Agan & Prescott on Sex Offender Law and the Geography of Victimization
Amanda Y. Agan and J.J. Prescott (Princeton University - Department of Economics and University of Michigan Law School) have posted Sex Offender Law and the Geography of Victimization (Journal of Empirical Legal Studies Vol. 11, No 4, December 2014) on...
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News Scan
Hundreds of Murders Linked to Release of Immigrants: New data reveals that 121 illegal immigrants released into U.S. communities by the Obama administration went on to commit murder. Stephen Dinan of the Washington Times reports that most of the immigrants were released under the discretion of U.S. Immigration and Customs Enforcement (ICE), who contest that a criminal record is not sufficient to qualify for mandatory detention under their policies. ICE stiffened their policies this year, and now has a supervisor approve cases in which the agency plans to release immigrants with serious criminal records. Gang Members Responsible for Violence in TN City: After four people were injured in shootings over the past two days, law enforcement in Chattanooga, Tennessee believe that a rivalry between 12-15 gang members is driving the city's violence. Sara Sidery of WRCB reports that according to Fred Fletcher, the city's Chief of Police, there is…
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Ramseyer on Extortion and Social Capital in Japan
J. Mark Ramseyer (Harvard Law School) has posted Nuclear Power and the Mob: Extortion and Social Capital in Japan on SSRN. Here is the abstract: Nuclear reactors entail massive non-transferrable site-specific investments. The resulting appropriable quasi-rents offer the mob the...
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The Administrative Hearing
In a prior blog post, we discussed what happens after an arrest for operating under the influence (OUI) in Maine. We noted that there are differences between an OUI's criminal process, and its administrative aspects, and that these differences could make OUI proceedings surprisingly confusing. In short, at the time of your arrest, both the administrative and criminal aspects of an OUI begin. The criminal process starts with a criminal citation for operating under the influence. Then you and your attorney, on one side, and the prosecutor, on the other side, put together the facts of the case. This builds up to a trial, or a plea, and either an acquittal, or a conviction and sentence. This process can take awhile. The administrative process, however, is much quicker, and less formal. After your arrest, you will usually have approximately 30 days before your driver's license gets suspended by the Maine Bureau of Motor Vehicles (BMV). You'll be notified of an…
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Vernia Law Firm publishes 2015 edition of the False Claims Act and Government Fraud Deskbook
The sponsor of this blog, The Vernia Law Firm, has arranged the publication of Volume I (Federal Laws) of the 2015 edition of the False Claims Act and Government Fraud Deskbook, a compilation of federal civil and criminal statutes, regulations, and guidance for lawyers and judges handling government fraud cases. Volume I is now available through online retailers, including Amazon and Barnes & Noble (retail price: $30.00). Volume II (forthcoming, 2015) will provide historical material on the federal False Claims Act (including legislative historical sources and Supreme Court cases); Volume III (forthcoming, 2015), will provide the text of state and local False Claims Acts. See Volume I’s Table of Contents
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National exoneration trends: Harris County leads nation in false drug-crime convictions
Find below the jump an update from the National Registry of Exonerations summarizing trends among false conviction data. Notably, Harris County is driving national data on drug-crime exonerations.From the National Registry of Exonerations: We’ve now completed an updated report covering the first 1,600 Exonerations in the Registry, an 82% increase over our initial report. (In the meantime, of course, we continue to add cases every week. We’re at 1,615 as of this writing.)Here are some of the notable changes we see at the 1,600 milepost: The Rapid Growth of the Registry—more than 700 cases added since our first report—is driven by two factors:There has been a rapid increase in the rate of new exonerations, from 70 in 2011, to 128 in 2104.We’ve found many older exonerations that we didn’t know about. Most of the cases we added after our initial report took place before that report was written, and many were posted years after they…
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Filing a Claim if Injured on a SEPTA Subway
Subway accidents and injuries are more frequent than you may think. While New York is the location for the majority of mass transit injuries each year, totaling nearly 100 subway deaths in 2013 alone, SEPTA subway accidents also occur.SEPTA, standing for the Southeastern Pennsylvania Transportation Authority, liability insurance allows those injured on SEPTA subways the ability to recover damages. The following reviews the steps for filing a claim if injured on SEPTA subway.Ask for a SEPTA Incident CardIf the subway accident was severe enough to cause injuries to multiple passengers, then it’s likely that some opportunists who were not involved in the accident may try to benefit from SEPTA payouts. As such, SEPTA incident cards are handed out to those who are actual victims.Before you can file a claim, you will need to fill out one of these cards, which will confirm your presence on the subway at the time of the incident. Fill out the card immediately and give a copy to…
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The DWI Year in Review, Part I
Don’t call the School of Government next week. We’ll all be out. Next week is conference-time for many of the court officials we serve, and we will be traversing the state (driving the speed limit at all times, of course) to speak at various legal conferences. Case updates are a perennial staple of these conference agendas, so […]
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Miami-based nursing home chain pays $17 million to settle former CFO’s whistleblower case
On June 16, the Department of Justice announced that it had reached a settlement with Florida-based Hebrew Homes Health Network, and its CEO, in a suit originally brought by the company’s former CFO as a whistleblower. According to DOJ’s press release: Hebrew Homes Health Network Inc., its operating subsidiaries and affiliates, and William Zubkoff, the former president and executive director of Hebrew Homes Health Network Inc. (collectively Hebrew Homes), have agreed to pay $17 million to resolve allegations that Hebrew Homes violated the False Claims Act by improperly paying doctors for referrals of Medicare patients requiring skilled nursing care, the Department of Justice announced today. Hebrew Homes provided skilled nursing services at seven rehabilitation and skilled nursing facilities in Miami-Dade County, Florida. This is the largest settlement involving alleged violations of the Anti-Kickback Statute by skilled nursing facilities in the United…
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Maryland Ranked 5th Most Leniant State For DUI Charges
Wallethub.com released it’s rankings of the strictest and most lenient states on DUI, with Maryland coming in as the 5th most lenient. The rankings which are supposed to take into account the enforcement rules of all 50 states named neighboring DC as the 2nd most lenient state (or District) and nearby Virginia as the 8th most serious. The site also named Maryland the 2nd most lenient state in terms of criminal penalties. The post Maryland Ranked 5th Most Leniant State For DUI Charges appeared first on Maryland DUI Lawyer | DWI Attorney | Blog.
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Habeas Corpus and the Exclusionary Rule
From the Answers to Questions Practically No One Is Asking File ... Did a statute enacted almost 20 years ago abrogate a Supreme Court decision rendered almost 40 years ago with hardly anyone noticing, even though this involves a very heavily litigated area of law? Nope, even the Ninth Circuit won't buy that. In 1976, the Supreme Court decided in Stone v. Powell that if a criminal defendant's claim that evidence should have been suppressed under the Fourth Amendment exclusionary rule had been fully and fairly litigated in the state courts, that decision would not be reconsidered in federal court on habeas corpus. For a time, Stone gave us hope that the Court would broaden its principle to recognize that some kinds of claims have far more to do with the basic justice of the case and the reliability of the verdict than others, and therefore different degrees of scrutiny are in order. Alas, it was not to be.The line between what can be…
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