IRVINE Alec Scott Abraham sped through a red light, mowing down a family in a Chevy Cruz, killing a 2 year-old girl and her grandmother, while seriously injuring the girl’s mother and 7 year-old brother last month. Abraham fled the scene of the accident. Detectives believe he stole a bystander’s mobile device and phoned a friend for help. Abraham had been cited multiple times over the last year for speeding, and owned a highly modified Ford Mustang which was involved in the accident. Irvine Police Detective Jonathan Cherney says the department was able to track Abraham down by “pining” his phone. He was arrested in a park in Costa Mesa. During the arrest, Abraham told the police that he would receive a mere 5 year sentence for his crime. Prosecutors could use that statement as an admission in trial. However, it isn’t likely the judge will follow Abraham’s sentencing guidelines if he is convicted. As a result, Detective Cherney…
Costa Mesa Man Assumes Roles of Criminal, Judge, and Jury in His Own Hit and Run Case
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Gruber on Distributional Analysis in Critical Criminal Law Theorizing
Aya Gruber (University of Colorado Law School) has posted When Theory Met Practice: Distributional Analysis in Critical Criminal Law Theorizing (Fordham Law Review, Vol. 83, No. 3211, 2015) on SSRN. Here is the abstract: Progressive (critical race and feminist) theorizing...
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SIXTH COURT OF APPEALS REJECTS MULTIPLE JUSTIFICATIONS FOR TRAFFIC STOP
The Texarkana Court of Appeals (Texas Sixth District Court of Appeals) at the end of last year decided a felony DWI case involving a common situation, which occurs all over the State of Texas, where police stop a motorist, in this case in Longview, based on a combination of observing supposed traffic offenses and being concerned that the motorist might be in need of assistance. In the later situation, the constitutional restraints on the exercise of the police power are limited, and they are often used to excuse conduct that might normally be considered to be an investigation in violation of state laws or in violation of the state and federal constitutions. In the Longview case, the arresting officer saw the defendant swerving outside of his lane, which the Court of Appeals noted was not a traffic offense that would otherwise justify a traffic stop. The swerving was not a traffic offense, because it was not shown to have transpired in an unsafe manner. In other words, nobody…
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Trafficking in Human Organs
In answer to a question received from a correspondent, which others may be asking as well, the federal law prohibiting trafficking in human organs is 42 U.S.C. § 274e.
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Aurora Theater Shooter Is "Death Eligible"
The Supreme Court established the basic framework of capital sentencing in the mid-1970s and then tinkered with it for some years thereafter. Under this framework, a state cannot make all murderers eligible to even be considered for the death penalty. There must be some additional factor beyond the basic requirements of murder. It has to be a reasonably objective one. "Especially heinous, atrocious, and cruel" won't do.The methods vary by state. Texas defined a higher degree of murder called "capital murder." Most states have a designated list of "aggravating circumstances." California calls its list "special circumstances" because we just have to be different.In some states the plus factors are found concurrently with guilt. In others they are decided along with the decision on penalty. Colorado apparently "trifurcates" its capital trials, sandwiching an…
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Thursday Open Thread
Sorry everyone, but I'm swamped at work and will be working tonight. This article in WIRED about hackers comandeering jeeps and other vehicles through their electronic system is very scary. Has anyone tried to download the software fix? I did... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Orin Kerr's Take on the Death Penalty and Supreme Court Justices
So true, so true.Kerr's take on why so many Justices turn away from the death penalty might be a guess, but I think it's a good one.But the same can be said for their frustrations with habeas petitions as well, which is why those rules grow more narrow as time goes on.http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/07/01/why-the-late-career-conversions-at-the-supreme-court-on-the-death-penalty/
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Boni-Saenz on Sexuality and Incapacity
Alexander A. Boni-Saenz (Chicago-Kent College of Law) has posted Sexuality and Incapacity (Ohio State Law Journal, Vol. 76, 2015, Forthcoming) on SSRN. Here is the abstract: Sexual incapacity doctrines are perhaps the most important form of sexual regulation, as they...
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Florida DMV Can Suspend Your Driver's License for Medical Reasons Based on Confidential Tip
One thing people in Florida do not always realize is that driving is considered a right, not a privilege. This does not mean that the DMV in Florida is going to withdraw drivers' licenses for no reason, but it does mean that when the DMV does revoke a person's driving privileges, that person may have much less recourse than in criminal cases where Constitutional rights are at issue. For example, in DUI cases, the DMV will almost always suspend a person's driver's license based merely upon a DUI arrest. Of course, according to Constitutional law, a person is innocent until proven guilty and an arrest, by itself, is not proof of guilt. However, since driving is a privilege and the DMV operates under its own set of rules, they can suspend a driver's license immediately upon a DUI arrest. The driver will have an opportunity to challenge the license suspension, but that process does not have anywhere near the safeguards and thoroughness that comes with…
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How Much Does a Divorce Cost?
You cannot quantify the emotional cost of divorce; the process is painful no matter the circumstances leading up to the dissolution of the marriage. You can quantify the monetary cost of divorce, however, and those costs can skyrocket in contested dissolutions. When preparing to divorce, costs are part of what the separating couple must take into consideration, and it helps to review some basic guidelines of how much your divorce in Maine will set you back. Please note that the exact and estimated fees discussed in this article are subject to change and effective as of July 2015. Filing Fees Your first step to divorcing in Maine is to fill out your divorce complaint. There are two types of Complaint for Divorce forms: one for a divorce with children and one for a divorce without children. Once you've obtained the correct form, you must fill it out, include the required supporting forms and documentation, and serve the paperwork upon your spouse. The paperwork is free and…
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News Scan
Three Killed, Including Gunman, at a Louisiana Movie Theater: A lone gunman opened fire inside of a packed Lafayette, Louisiana movie theater Thursday evening, killing two and injuring several others before turning the gun on himself. Tom Winter, Tracy Connor and Erik Ortiz of NBC News report that 59-year-old John Russell Houser was described as a drifter, and his former wife told authorities that she had all guns from their home removed due to his history of "extreme erratic behavior" and mental problems. Police are still investigating a possible motive for why Houser gunned down moviegoers during the 7:10 p.m. screening of the comedy "Trainwreck." Lafayette Police Chief Jim Craft says that, due to the recovery of disguises and license plates in Houser's motel room, they believe that the event was planned and he intended to leave alive. Sanctuary Cities Become Havens to Avoid Lawsuits: Some sanctuary cities become havens…
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Four Defendants Arrested in Multi-County Meth Distribution - Fifth Defendant Remains at Large
BOISE - Miguel Angel Dorantes, 18, Alberto Lopez, 18, Elizabeth Baeza, 18, Sobeida Galaviz, 24, all of Hailey, Idaho, and Leonel Angel, 20, of Compton, California, were indicted on July 14, 2015, by a federal grand jury in Boise for one count of conspiracy to possess controlled substances with intent to distribute, eleven counts of possession with intent to distribute methamphetamines, and eight counts of distributing a controlled substance near a school, U.S. Attorney Wendy J. Olson announced. An initial appearance was held on July 21, 2015, for four of the defendants. Defendant Dorantes has not yet been found or arrested.The Indictment alleges that between March 23 and May 28, 2015, the defendants were involved in possessing methamphetamine with intent to distribute it in Blaine County, Lincoln County, and Jerome County. Four of the drug transactions are alleged to have occurred within 1,000 feet of Hailey Elementary School in Hailey, Idaho, and four of the transactions are…
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Is it worth it to appeal a DUI conviction
As is the case with most legal inquiries, the answer to the above question is “it depends.” Whether or not you should appeal your DC DUI conviction depends on what you are looking to get out of the situation. If you are only trying to avoid the trial court’s sentence, maybe an appeal isn’t for you. On the other hand, if you would like to have your conviction overturned and your conviction removed from your record, maybe an appeal is for you. Obviously, all three results are preferable. However, avoiding your sentence is impossible due to time it takes for the parties to brief the appellate issues and the time it takes the DC Court of Appeals to issue a decision. Having dealt with your DUI at the trial level, you have probably realized that the judicial process is lengthy and time-consuming. The appellate court process is tedious and time-consuming as well. On average, DUI appeals take approximately a year to resolve. In the District of Columbia, you have…
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Eck & Weisburd on Crime Places in Crime Theory
John E. Eck and David L. Weisburd (University of Cincinnati and Hebrew University of Jerusalem) have posted Crime Places in Crime Theory (Crime and Place: Crime Prevention Studies, 4 (pp. 1-33)) on SSRN. Here is the abstract: Criminologists and crime...
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A Romero Motion Can Help Avoid Third Strike Punishment
California voters passed Proposition 184 in 1994. Proposition 184 created the “Three Strikes” sentencing law, significantly increasing the penalties for second and third offenders of serious felonies. According to the California Penal Code, when a defendant has at least two previous “strikes,” he or she is eligible to be sentenced to a prison term of 25 years to life. However, the judge has discretion to dismiss one or more of the defendant’s serious or violent penalties if he or she does not feel 25 to life is an appropriate punishment. In 1996, the California Supreme Court decided “People v. Romero,” granting the judge this discretion. In order for the judge to exercise this discretion, the defense attorney must submit a Romero Motion declaring that dismissing defendant’s previous strike would be in the best interest of justice. Under California Penal Code 1385, the judge must state his or her reasons for dismissing…
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City and Army entered into an agreement
This action was commenced by the City of New York (City) for a declaration, pursuant to CPLR 3001, that defendant the S Army (Army) has a duty to defend the City in a negligence action currently pending in the Supreme Court of Kings County. That action is entitled Joseph Stanley and Aphrodite Stanley as parents and natural guardians of Infant Plaintiff Joseph Stanley II, and Joseph Stanley and Aphrodite Stanley, Individually, v. City of New York, The S Army of Greater New York and Anita Nurse, (the Stanley action). The City now moves for summary judgment declaring that the Army is obligated to assume the City's defense in the Stanley action and requiring the Army to reimburse the City for attorneys' fees incurred in defending the Stanley action from June 21, 2007, to date. Alternatively, the City moves for summary judgment on its third cause of action for breach of contract alleging that if the court issues a determination that S Army has no duty to defend the City,…
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New R.I. law widens school buffer zone for sex offenders
7-24-15 Rhode Island: High-risk offenders must now live at least 1,000 feet from schools — up from 300 feet — in law signed by Governor Raimondo. PROVIDENCE, R.I. — High-risk sex offenders must put the distance of more than three football fields between their homes and the nearest school under a new law signed by Governor Raimondo last week. In 2008, the state made it a felony for a
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New York State Senator Sampson Convicted After 4 Week Jury Trial
Mortgage Fraud Blog. After a four-week jury trial, New York State Senator John Sampson was convicted by a federal jury in Brooklyn, New York, for one count of obstruction of justice and two counts of making false statements to federal agents. The guilty verdicts follow evidence at trial and publicly filed documents establishing that, among other things, Sampson, as an […] The post New York State Senator Sampson Convicted After 4 Week Jury Trial appeared first on Mortgage Fraud Blog.
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Oklahoma City police investigating rape complaint shoot, kill convicted sex offender
7-24-15 Oklahoma: Oklahoma City police shot and killed a convicted sex offender Wednesday while investigating a rape complaint. Andre Dontrell Williams, 26, was wanted after a woman reported she was held against her will and raped repeatedly at a home in northeast Oklahoma City. A convicted sex offender was shot and killed Wednesday by Oklahoma City police investigating a rape complaint.
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Q: How Awful is the House Draft Version of Sentencing Reform?
A: So awful -- because so radically pro-criminal -- that even the Obama administration can't bite down on it.I didn't think I would ever type that sentence, but there is no other conclusion to be drawn from today's BuzzFeed article, which begins:The Obama administration objects to key provisions in a bipartisan criminal justice bill in the House that has picked up support from both the tough-on-crime end of the Republican Party and advocates of overhauling federal prison sentencing guidelines, BuzzFeed News has learned.The bill's sponsors say the Safe, Accountable, Fair, Effective Justice Reinvestment Act of 2015 -- or SAFE Act -- takes the best ideas from state criminal justice efforts in recent years and applies them to the federal system, but Obama administration officials have told supporters of the bill they don't like several of its provisions, including a key one that would essentially create a federal version of the…
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