Might prisons struggle with new SCOTUS jurisprudence on fundamental right to marry?
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Thank God for Editing
I often find the book reviews in the WSJ to be entertaining reading over Saturday breakfast, even when I have no intention of ever reading the books reviewed. Today, Michael O'Donnell reviews The Fellowship by By Philip and Carol Zaleski. Here are the opening paragraphs: It was an awful name for a wizard. Early drafts of "The Hobbit," the children's fairytale by J.R.R. Tolkien, referred to the bearded man in the pointy hat as "Bladorthin," which sounds like an Elvish word for a urological problem. By the time "The Hobbit" was published in 1937, Tolkien had settled on the pithier and much more evocative "Gandalf" for the impatient old conjurer who wields a staff and speaks in riddles. We do not know why Tolkien renamed this pivotal character--or why, for that matter, he dropped the book's anachronistic references to popguns, train whistles and the Gobi Desert. All were changes for the better. An…
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Bills focused on forensics, habeas, alter post-conviction landscape
Several pieces of legislation related to forensics and habeas corpus passed this session which collectively alter the landscape surrounding junk science and post-conviction writs. Solidifying grounds for relief under Texas junk-science writGrits has described the importance HB 3724 by Herrero/Whitmire in defending the jurisdiction of the courts to provide habeas corpus relief to defendants whose convictions hinged on junk science, whether because the forensic field at the time got it wrong or because an individual scientist did. Its passage comes with a decision pending from the Court of Criminal Appeals in Ex Parte Robbins III, which is now (un)complicated by the passage of a statute codifying their ruling in Robbins II.The upshot of HB 3724 is that Texas' junk-science writ will become a highly functional tool in the judicial arsenal to correct error in junk science cases, as opposed to a seldom-used one that ignores most erroneous expert testimony. As Judge Cheryl…
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Hodgkins v. State - Florida Murder Conviction Overturned
A man convicted of murder will soon be released after the Florida Supreme Court ordered the lower court to enter acquittal, upon finding DNA evidence of defendant's DNA under victim's fingernails was not enough proof of guilt. The court ruled the state had not met its burden of proof in this capital case, which required the state to present competent, substantial evidence. In Hodgkins v. State, defendant was on death row when justices with the Florida Supreme Court reviewed the case on appeal.
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STOP FOR MINOR OFFENSE OUTSIDE OFFICER’S JURISDICTION IS UNLAWFUL
Suppose you are driving around Columbus on I-270 and an officer pulls you over for speeding. The officer gets out of his cruiser and walks up to your car. When the officer reaches your window, you see on his uniform he is from the Cincinnati Police Department. ‘That’s odd’, you think, ‘why is an officer from Cincinnati making a traffic stop in Columbus?’ Good question. A better question is this: does that traffic stop violate your Constitutional rights? An officer from the Cincinnati Police Department does not have statutory authority to make a traffic stop for a minor misdemeanor in Columbus. According to Ohio statutory law, an officer only has such authority within the geographic boundaries of the political subdivision employing the officer. Therefore, the Cincinnati officer’s stop for a minor traffic offense in Columbus violates Ohio law. The question still remains whether the officer’s violation of the law is also a violation of the…
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Bail Decisions Based on Algorithms
The New York Times has this interesting report on using algorithms to make bail determinations. From the article:Setting bail is a difficult task for judges. They must try to foretell whether the defendant is likely to commit another crime, hurt someone or skip out on the next court date.Now comes help in a distinctly modern form: an algorithm. After two years of testing, the formula, developed at a cost of $1.2 million by the Laura and John Arnold Foundation, is being rolled out to 21 more jurisdictions, including states like Arizona and New Jersey and cities like Chicago and Pittsburgh, the foundation announced on Friday. The algorithm gives defendants two scores — one for their likelihood of committing a crime and one for their risk of failing to appear in court — and flags those with an elevated risk of violence. . . . The Arnold assessment has been met with some skepticism because it does not take into account characteristics that judges and…
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Grand Rapids man wrongfully imprisoned blames police
6-27-15 Michigan: GRAND RAPIDS – A Grand Rapids-area man who spent nearly 17 years in prison for a rape he didn't commit said poor police work landed him behind bars. Quentin Carter's conviction was erased by a Kent County judge Thursday, a few weeks after prosecutor William Forsyth apologized and said the 1992 case was wrong. "You can't describe it. You can only be happy," Carter, 40, told
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How do individuals become designated as Habitual Offenders?
This website contains a good deal of content pertaining to Maine driver’s license suspensions, as well as how dire the circumstances are for someone designated as a Habitual Offender, whose driver’s license is revoked. As a reader, you might be wondering how do individuals become Habitual Offenders in the first place? Here is the process […] The post How do individuals become designated as Habitual Offenders? appeared first on The Nielsen Group.
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What is the fine for shoplifting in Maine?
The question (what is the fine for shoplifting in Maine?) is one I hear from many clients facing theft charges. If convicted of a theft charge in Maine, they could face jail time in addition to a court fine, and perhaps even civil restitution on top of that. The answer to the question (what is […] The post What is the fine for shoplifting in Maine? appeared first on The Nielsen Group.
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Principal Deputy Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division, regarding the extradition from Jamaica and prosecution of Damion Bryan Barrett
Mortgage Fraud Blog. “This sentence sends a very strong message that scammers operating in foreign countries will be held accountable for the laws they break in the United States. The Justice Department is committed to bringing these international fraudsters to justice.”The post Principal Deputy Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division, regarding the extradition from Jamaica and prosecution of Damion Bryan Barrett appeared first on Mortgage Fraud Blog.
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*Update* Highway 26 blocked east of Gooding
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 06/28/2015 5:00 a.m. Please direct questions to the District Office **Final Update** On Saturday, June 27, 2015, at 11:25 p.m., the Idaho State Police investigated a two vehicle fatality crash on US Highway 26 at milepost 158, east of Gooding. Jose Rosales-Zayas, age 42, of Hailey, was traveling eastbound in the westbound lane, in a 2008 Chevrolet Impala. Grant Corey, age 36, of Filer, was traveling westbound in a commercial truck pulling a trailer hauling milk. Corey swerved to avoid a collision with Rosales-Zayas and the Impala impacted the right rear axels of the trailer, head-on. Rosales-Zayas succumbed to his injuries at the scene. He was not wearing a seatbelt at…
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What next to reform grand juries now that pick-a-pal is no more?
With Texas eliminating its pick-a-pal grand jury system during the 84th legislative session and Alfred Brown walking off of death row a free man following revelations of grand jury misconduct, I asked Amanda Marzullo, Policy Director for the Texas Defender Service, to visit with me about the implications of Texas' new reform and what remains to be done. Listen to the interview below and find the full conversation transcribed below the jump.Texas Grand Jury Reforms: Next steps now that pick-a-pal is no more Scott Henson: This is Scott Henson with a Grits for Breakfast podcast recorded on June 26, 2015. I am here today with Mandy Marzullo who’s the Policy Director at the Texas Defender Service. Thank you, Mandy, for coming to chat with me today. Mandy Marzullo: No, thank you Scott. I’m happy to be…
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With Friends Like These
A lot of people sent me a link to Judith Shulevitz’s New York Times op-ed, Regulating Sex. As any regular SJ reader knows, there is nothing in there that hasn’t been discussed here, sometimes long ago, at far greater depth. But Shulevitz is against the affirmative consent trend, which she calls a “doctrine,” so it’s all good, right? What Shulevitz accomplishes is a very well written, easily digestible, version of the problem that serves to alert the general public, those unaware of law, the issues of gender and sexual politics, the litany of excuses that have framed the debate and the seriousness of its implications, to the existence of this deeply problematic trend. She notes that one of its primary ALI proponents, NYU lawprof Stephen J. Schulhofer, calls the case for affirmative consent “compelling.” She neglects to note this is a meaningless word in the discussion. Still, it’s in there. The other day, Mark Bennett…
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Grandma In The Kitchen With A Knife
Eighty-eight-year-old Phyllis Stankiewicz came to the door with a knife. Maybe she was in the kitchen cutting up rutabagas. Maybe she wasn’t expecting company, and at 88, wasn’t inclined to take chances. Who knows? But she was in her own home, minding her own business, and didn’t anticipate anyone knocking on the door. Officers were dispatched to 57 Wilson St. about 3:50 p.m. for a report of a disturbance involving someone with a baseball bat. Police knocked several times and announced their presence at Stankiewicz’s home and said they were there for a report of a crime, according to court files. It’s possible that her hearing wasn’t what it used to be. It’s possible that at 88, it takes her a while to make her way from the kitchen to the front door. But assuming the police “knocked several times and announced their presence,” it doesn’t tell us much about Stankiewicz. Except that she…
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Supreme Concern: The Fight for Equality and Dignity and Why Elections Matter
The Supreme Court's historic ruling that the Constitution guarantees the right to marry for same-sex couples is cause for celebration and relief. It shows what unrelenting activism and struggle can accomplish. And it shows what the high court can and should do when pressed to protect groups of people from discrimination and extend to them equality, dignity and fundamental rights. Justice Kennedy (joined by the so-called liberal wing of the Court -- Justices Ginsburg, Sotomayor, Kagan and Breyer) rejected the dissenters' view that states may be allowed to prevent gays and lesbians from getting married if a majority of its voters deem it so. And it resoundingly rejected an originalist view of the Constitution which holds that fundamental rights are only those explicit in that document's text:The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth…
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Gearing up for the next SCOTUS death penalty case while awaiting Glossip ruling
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"Reducing Racial and Ethnic Disparities in Jails: Recommendations for Local Practice"
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And Then There Were Three
The WSJ's Washington Wire blog has this post on the remaining three cases of the current US Supreme Court term. Word is they will all be decided tomorrow (Monday).Something for everyone. Here at C&C, we will be focused on Glossip v. Gross, the lethal injection with midazolam case. Those who eat, sleep, and breathe politics will care most about the Arizona redistricting case. Those who focus on issues of the environment and government regulatory overreach will be most interested in the power plant case.
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ISP investigates fatal crash in Power County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 6/28/15 10:00 a.m. Please direct questions to the District Office On Sunday, June 28, 2015, at approximately 5:30 a.m., Idaho State Police investigated a fatality crash near the intersection of Schritter Road and Funk Road, in Power County. Serafin Gutierrez, age 32, of American Falls, was driving a 1997 Ford F-150 pickup northbound on Schritter Road near the intersection of Funk Road, about 9 miles west of Aberdeen, in Power County. Gutierrez lost control of the vehicle, drove off the left side of the road and rolled. Gutierrez was not wearing a seatbelt and was declared deceased at the scene. Alcohol was involved in the crash. Notifications to Gutierrez's family has…
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Waiting for Canada’s New Euthanasia Law
A perfectly healthy 24-year old woman in Belgium will be killed by her doctors only because she has “suicidal thoughts”. She does not suffer from any terminal disease or physical illness. While Nazi Germany pioneered legal euthanasia, Switzerland was an early adopter, followed by Columbia in 1997, Holland in 2002 and Belgium in 2003. Belgium’s original law applied only to adults, but in February 2015 they extended the law to include children. The United Kingdom’s Daily Mail quotes the woman as saying: ‘Death feels to me not as a choice. If I had a choice, I would choose a bearable life, but I have done everything and that was unsuccessful. I played all my life with these thoughts of suicide, I have also done a few attempts. But then there is someone who needs me, and I don’t want to hurt anyone. That has always stopped me. Canada, of course, is never far behind when it comes to controversial social justice issues, such as abortion, same-sex…
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