“Gate-keeping function.” That is what you call the judge’s role in deciding whether to allow an expert witness to testify. The judge is supposed to screen experts to make sure that what they are saying is scientifically sound. Jurors have a hard time assessing scientific evidence, and are too susceptible to believing whatever an “expert” tells them. When the judge does not properly exercise this “gate-keeping” function, all sorts of things can go wrong. A case in point is the Jeffrey Havard conviction. After 13 years the Mississippi Supreme Court has finally conceded that Jeffrey Havard is entitled to a hearing at the trial court level on whether or not the new evidence about the expert witness Steven Hayne’s testimony warrants a new trial. In 2002, Dr. Hayne made several unsupportable conclusions about the way Havard’s girlfriend’s daughter died. He has since clarified and retracted many of the statements over…
Jeffrey Havard and the “Gate-Keeping” Function
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FL - American Horror
The following was sent to us via the "Tell Us Your Story" form and posted with the users permission. By Mike: Megan's law is a sickening display of American law. After finding myself "tricked" by the state of Florida into becoming a registered sex offender; now I find myself being raped by the justice system because of a label. First off I took a plea agreement in 1992, when i took my plea, no judge told me about SO registration, nor was it in my plea agreement. They needed faces on the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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How was your 4th?
The following was sent to us via the "Tell Us Your Story" form and posted with the users permission. By Jeffrey: So it's the 4th of July once again. How do you feel about it? I'm sitting at home alone and feeling like an outsider. I don't feel like I really should be out celebrating. I'm a little bitter with what has went on with these sex offender laws in this country, and I have to realize that it's not the countries fault, it's the lawmakers fault. When the Supreme Court sided with the the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Examining pot's potential for treatment of veterans' PTSD problems
This recent lengthy article about marijuana research struck me as especially worth highlighting as we close out a weekend of patriotic celebrations. The piece is headlined "PTSD And Cannabis -- Can Researchers Cut Through The Politics To Find Out Whether Weed Works?" and here are excerpts: After steadily accumulating anecdotes...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/m7z68Z2wkYs" height="1" width="1" alt=""/>
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Crash near Wendell claims one
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: 07/05/15 5:43 pm. Please direct questions to the District Office At this time, the Idaho State Police is investigating a single-vehicle fatality crash on 1800 East Road at 2900 South Road, near Wendell. More information will be given as it becomes available. NEH/LL -------------
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New Mexico Supreme Court to Hear Serious Youthful Offender Cases
Note to all criminal defense lawyers representing juveniles who are currently representing children charged as a "serious youthful offender":File your motions now in district court reserving your right to argue any remedies our Supreme Court may issue in the case discussed in the article below.And, it may be wise to ask for a "stay" while this issue gets decided by the Supremes.http://www.abqjournal.com/608201/news/teens-case-can-go-to-nm-supreme-court.html
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Updated UJI 14-611 Chart
Print out and keep this handy. All the recent jurisprudence on child abuse and neglect has led to numerous changes to our jury instructions. This chart is an official part of the jury instructions.14-611. Chart. SECTION 30-6-1 NMSA 1978 ABUSE OF A CHILD Harm to child Age of child Mens rea of defendant UJI No death or great bodily harm Under 18 Intentional or reckless disregard 14-612 Great bodily harm Under 18 Intentional or reckless disregard 14-615 Death At least 12 but less than 18 Intentional or reckless disregard 14-621 Under 12 Reckless disregard 14-622 Under 12 Intentional 14-623 Under 12 (step- down instruction) N/A 14-625 [Adopted by Supreme Court Order No. 15-8300-001, effective for all cases filed or pending on or after April 3, 2015.]
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Ridley on Police Officers as Gang Sociology Experts
Magdalena Ridley has posted Down by Law: Police Officers as Gang Sociology Experts (Criminal Law Bulletin, Vol. 52, Issue 4, 2016, Forthcoming) on SSRN. Here is the abstract: Are police officers experts in sociology? In California gang trials, they are....
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Real Sobreity is key to Winning a Michigan Driver's License Restoration Appeal
The most important thing you need to win a Michigan driver's license restoration appeal is real sobriety. You must have honestly quit drinking, and done so for good. The whole point of the license appeal process is to make sure that anyone who is even considered for re-licensure has genuinely stopped drinking, and has the commitment and tools to remain alcohol-free for life. In legal terms, this translates into 2 issues: That your alcohol problem is "under control," and that it is "likely to remain under control." Once you've proven that you have stopped drinking, the more important consideration is that you will remain a sober, non-drinker, from there on out. In this article, I want to talk about sobriety, and how really being sober is a lot different than just not drinking, or not being drunk. To win a license appeal, you have to show the Michigan Secretary of State, and its Administrative Hearing Section (AHS), the bureau that decides…
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How Do Multiple Convictions Affect My Sentence?
Attorneys often hear this question—how do multiple convictions affect a sentence? Being convicted of more than one crime may have a big impact on a criminal defendant’s sentence or “punishment.” This issue comes up in the context of convictions for the same offense such as multiple DUIs, multiple convictions for different things, and multiple convictions for the purposes of qualifying for California’s ‘3 strikes’ law. Multiple Convictions in Federal Court The U.S. Sentencing Commission (USSC) is a federal agency within the judicial branch of the government that develops sentencing guidelines for the U.S. federal courts. There are two kinds of courts in this country–federal courts and state courts. Criminal cases involving federal laws can be tried only in federal court (but most criminal cases involve violations of state law and are tried in state court). Examples of federal crimes include bringing illegal drugs…
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Crash in Idaho Falls injures six.
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 7/6/15 - 1:40 pm Please direct questions to the District Office On Monday, July 6th, 2015, at approximately 10:16 am, Idaho State Police investigated a crash on US Highway 20 at the intersection of Old Butte Road, in Idaho Falls. Kathi Oliver, age 41, of Idaho Falls, in a 2012 Toyota Rav4, was turning left from Old Butte Road onto US Highway 20. Wendy Van Kampen, age 43, of Idaho Falls, was driving westbound on US Highway 20 in a 2012 GMC van, when she failed to stop for a red traffic light at the intersection of Old Butte Road and collided with Oliver's Toyota, causing the Toyota to overturn. Oliver and her 5 passengers were transported by ground ambulance to Eastern Idaho…
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U.S. Supreme Court Rules that Child’s Statements to Teachers Are Non-Testimonial
On June 18th the U.S. Supreme Court decided Ohio v. Clark, 576 U.S. __, 135 S. Ct. 2173 (2015), holding that a child abuse victim’s statements to his preschool teachers were non-testimonial under the Crawford confrontation clause analysis. As the first Crawford case addressing statements by a child victim, Clark is an important decision for […]
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News Scan
No 'Legal Basis' to Hold Illegal Immigrant Suspected in SF Shooting: The illegal immigrant suspected in the shooting death of a young woman on a San Francisco pier last week has seven felony convictions on his record and had been deported five times previously. The AP reports that U.S. Immigration and Customs Enforcement issued a detainer on Francisco Sanchez in March of this year for a drug warrant, but it was not honored because federal detention orders are not a legal basis to hold someone, and he was released in April. San Francisco is a "sanctuary city" and does not turn over illegal immigrants unless there's an active warrant out for their arrest. Kathryn Steinle was shot to death while walking along a busy pier with her father Wednesday evening in what authorities believe was a random attack. Gruesome Fourth of July Weekend in Chicago: Seven homicides in two days, including the death of a 7-year-old boy, have left…
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Mary Devoy: Has Virginia's sex offender registry kept us safe?
Further proof that Lawmakers want only what keeps them in office.. 7-6-15 Virginia: Recently, Gov. Terry McAuliffe set up an independent commission to look at the 20 years since parole was abolished and determine whether it should be revived. "It's time to review whether that makes sense," he said during a radio appearance. "Is it keeping our citizens safe? Is it a reasonable, good,
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The DWI Suspect: Lady Liberty's Red-Headed Step-Child
The State of Minnesota—courts, cops, and legislators—provides more constitutional protection to convicted criminals than it does to drivers arrested under suspicion of drunk driving. You read that right. Incarcerated, guilty beyond a reasonable doubt, violent criminals enjoy greater constitutional liberty than innocent-until-proven-guilty drivers suspected of driving while impaired. Inmate Driver Applicable Law Minn. Stat. §§ 241.33 – .339 Corrections Exposure to Blood-Borne Pathogens Minn. Stat. §§ 169A.20, 169A.51 – .53 DWI/Implied Consent Reason for blood testing Blood may contain blood-borne pathogens Blood…
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9 Investigates uncovers proposed plan to make sex offenders pay yearly fee
Given the registry does nothing more than satisfy folks who want to know where registrants sleep for a few hours of a day, lets those folks pay for it! The registry already damages those on it.. 7-6-15 Florida: ORLANDO, Fla. — Sheriff's offices all over central Florida spend tens of thousands of taxpayer dollars to keep tabs on sex offenders. But 9 Investigates uncovered one state has a plan
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Ostrich Instruction - Boilerplate Rules
UNITED STATES V. MACIAS, No. 13-2166 POSNER, Circuit Judge. The defendant was convicted of conspiring to distribute at least five kilograms of cocaine, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2, and of conducting an unlicensed money-transmitting business in violation of 18 U.S.C. § 1960. He was sentenced to 300 months (25 years) for the conspiracy offense and 60 months (5 years), to run concurrently with the conspiracy sentence, for the money-transmitting offense. His appeal is limited to the first conviction, and complains primarily (and is his only complaint with sufficient merit to warrant discussion) about the judge’s giving a “deliberate indifference” instruction to the jury (colloquially, an “ostrich” instruction). The instruction the judge gave (which is almost word for word Instruction 4.10 in Pattern Criminal Jury Instructions of the Seventh Circuit states: “You may find that the defendant acted knowingly…
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Las Vegas Law Enforcement Agencies Wrongful Use Utility Info
Law Enforcement Agencies’ Improper Use Of Utility InformationWe recently reported on teams of law enforcement agents showing up at the private residences of persons who have been issued a registry identification card by the Division of Health and Human Services and demanding to see the cardholder’s personal marijuana grow to make sure the cardholder is in compliance with medical marijuana laws. We reported that law enforcement was improperly accessing the Division of Health and Human Services database to identify card holders. We have discovered that law enforcement has been employing yet another improper tactic to obtain search warrants. This involves obtaining information relating to a person’s utility consumption.In a recent case involving a medical marijuana cardholder, law enforcement obtained a search warrant from a district court judge by convincing the judge that the cardholder’s purportedly excessive use of electricity constituted probable cause…
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Monday News and Open Thread
President Obama just held a news conference on ISIS. I only caught the last 10 minutes. He said we would continue what we've been doing, and that we can't defeat ISIS militarily, we have to defeat their ideology. In Iraq news, the Iraqi... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Ramping up debtors' prison in Waco
In McLennan County, Municipal Judge Christopher Taylor changed the policy regarding incarceration for unpaid traffic tickets, insisting that anyone who can't pay in full must "sit behind bars for time credit." The Waco Tribune Herald reported on the issue July 5 in an article titled "Run a red light in Waco? Now you could land in jail":Most drivers pay [a] fine after making a promise to the judge they will pay a certain amount by a certain date, Taylor said. If that individual doesn’t pay, an arrest warrant is issued, and the person can be re-arrested. After a few hours in jail, the individual goes before the judge again, promising to pay the penalty fees.Taylor said that’s about to change.Once a person has not made payments and is arrested again, he said, the individual will be required to pay in full the remaining amount right then, or sit behind bars for time credit.Ridiculously, "Waco Mayor Malcolm Duncan Jr. said the…
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