Is it a crime for a governor to threaten to veto a funding bill because he does not believe the head of the office being funded can be trusted to use the money appropriately? Of course not. We elect governors and other officials to make such judgments.Yesterday, the Texas Third Court of Appeals threw out one of the charges brought against former Governor Rick Perry. This WSJ editorial summarizes the case:A special prosecutor in notorious Travis County essentially charged Mr. Perry for exercising his constitutional right to oppose and veto an act of the legislature. Mr. Perry threatened to veto a funding bill for the Travis County District Attorney's Public Integrity Unit unless D.A. Rosemary Lehmberg resigned. She had been arrested and pleaded guilty to drunk driving, but she refused to resign and Mr. Perry followed through with the veto. The charges boil down to criminalizing routine political debate and controversies. The procedural mechanism invoked by…
Threats, Vetoes, and Criminal Prosecution
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Do You Need a Lawyer to Get a Divorce? (YES)
Of course, I am am biased. After all, I am a lawyer. If I was going through my very own agreed divorce, I myself would even hire a lawyer to represent me! Yes, it is possible to get divorced without an Attorney, but I simply do not recommend it. Protect your estate that you have worked hard for, protect yourself, and the interests of your children and just hire a lawyer. Hiring the lawyer may even save you money in the long run, and certainly it will save you time. The post Do You Need a Lawyer to Get a Divorce? (YES) appeared first on Cook & Cook Law Firm, PLLC.
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Two vehicle, fatality crash on SH-44 in Middleton - Name Released
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 7/25/15 1:55 p.m. Please direct questions to the District Office *** Update *** The driver of the Yamaha dirt bike has been identified as Nicholas Alvarez, age 25 of Middleton. Next of kin has been notified. MC/LS *** End of Update *** On Friday, July 24, 2015, at approximately 11:32 p.m., the Idaho State Police investigated a two-vehicle, fatality crash at the intersection of SH-44 and Lansing Lane, in Middleton. An adult male was northbound on Lansing Lane on a 2006 Yamaha YZ250 dirt bike. Jonathan Kofoed, 18, of Middleton, was eastbound on SH-44 in a 2006 Ford Mustang. The Yamaha entered the intersection, where it was struck by the Mustang. The Mustang came to rest…
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"Federalism and Retroactivity in State Post-Conviction Proceedings"
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Texas Monthly interviews Grits
After your correspondent became executive director of the Innocence Project of Texas last month, Michael Hall at Texas Monthly asked to interview me about the job, the blog, and where the innocence movement is headed in the future. See the published version here.
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Case o' The Week: Ninth Revs Up ICE-Breaker - Bail Reform Act not Trumped by Imigration Detainers
Hon. Judges Kozinski and SchroederIf the United States Attorney’s Office – Article II of the federal government – is unable to control ICE, who can? The Ninth Circuit Court of Appeals.United States v. Santos-Flores, 2015 WL 4480561(9thCir. July 6, 2013) (Ord.), decision available here.Players:Order from motions panel of Judges Schroeder, Canby and Kozinski.Facts: Santos-Flores, a native and citizen of Mexico, was charged with illegal reentry. Id. at *1. When arrested at the border, he presented false IDs and falsely claimed to be a U.S. citizen. Id. He was detained by the magistrate judge and “appealed.” Id. (Ed. Note: Acknowledged that taking up the Mag. Judge decision to the district court is not technically an “appeal,” see 18 USC Sec. 3145(b), but is term used in this Order.) The district court found that if Santos-Flores was released, he would be unlikely to appear at trial because he would be detained and removed by…
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Norfolk: DUI Avoided, Hit and Run Dismissed, Virginia Beach: Reckless Driving and No Insurance Dismissed
Below are some recent wins featuring a sampling of cases (that are not the typical reckless driving by speed case) in Norfolk and Virginia Beach. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. July 17, 2015 – Norfolk General District Court, Charge: DUI. Outcome: Reduced to Reckless Driving. This is sometimes called a wet reckless outcome. While this was a win, Mr. Louie recommended that his client appeal this outcome to the Circuit Court based on the logic that “Driving Intoxicated Does Not Equal Reckless Driving.” May 20, 2015 – Norfolk General District Court, Charge: Hit and Run. Outcome: Dismissed. No court costs or fines. July 2, 2015 – Virginia Beach General District Court, Charge: Reckless driving for driving with a left foot out…
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Heyman on Proportionality and Accomplice Liability
Michael Heyman (The John Marshall Law School) has posted Losing All Sense of Proportion: The Peculiar Law of Accomplice Liability (St. John's Law Review , Vol. 87, p. 129, Winter 2013) on SSRN. Here is the abstract: A teenage boy...
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First primary state poll indicating considerable support for marijuana reform
This new article on some new polling, headlined "Poll Suggests Support For Marijuana Legalization In New Hampshire," suggests that Presidential candidates my face some perils if they fail to face up to the modern marijuana reform movement. Here is why: Support for marijuana legalization and decriminalization in New Hampshire is...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/fmmYIrbQLSo" height="1" width="1" alt=""/>
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Could brain implants "make the death penalty obsolete"?
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The Mentee Shortage
People ask me for advice. A lot. Sometimes, it’s new lawyers seeking career advice. Other times, it’s lawyers looking for some advice on how to handle a case or a client. Still other times, it’s someone asking about advice on writing. But they reach out to me, and I try to help. It’s not that I’m just a swell guy; almost all lawyers I know are willing, if not happy, to help others. But it’s not the same as it used to be. Nobody wants to be told that the reason they’re having a problem is that they suck at whatever it is their doing, and should give serious thought to applying for an assistant manager’s job at Dairy Queen. Even though that thought has passed through my mind more than once. Still, I try to be constructive under the assumption they’re not going to quit the law, so it would be best to help them not to be totally ruinous to other people’s lives. Back then, advice such as…
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Salt Lake County Jail Programs for Inmates
As we’ve written about in previous articles, inmates at the Salt Lake County Jail can shave time off their sentences by participating in jail programs like Life Skills and CATS (Correctional Addiction Treatment Services). In addition to shortening inmates’ sentences, these programs also help inmates prepare for a successful release from incarceration by teaching key skills. In this article, our criminal defense lawyers will explain how CATS and Life Skills work at the Salt Lake County Jail. DOGS and CATS Treatment Programs for Drug Crime Offenders Both inmates and jail personnel have an incentive to keep the CATS program alive. According to the Salt Lake County Jail Programs Division’s most recent annual report (published in 2010), “Recidivism rates among prisoners who complete the CATS programs is 19% lower than the general population.” For inmates, that means reducing the likelihood of being arrested for additional crimes…
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Leonard R. Stamm Becomes Dean of the National College for DUI Defense
On Saturday, July 25, 2015, Leonard R. Stamm became the Dean of the National College for DUI Defense. At the annual summer session, held at Austin Hall at Harvard Law School (the College is not affiliated with Harvard Law School, it just rents space), before lunch, Stamm gave the Dean’s Address. Also in attendance was Professor Alan Dershowitz, who answered questions about the future of the criminal justice system. The three day summer session featured lectures by Larry Taylor, James Farragher Campbell, Tommy Kirk, Jim Nesci, Joe St. Louis, Paul Homoly, Howard Nations, John Henry Hingson, Scott Joye, Bell Island and Jessica Phipps. Breakout sessions were also held where students were able to refine their skills on opening statements and cross-examination of police officers. If you are facing criminal or traffic charges in Maryland state or federal court, call Leonard R. Stamm of Goldstein & Stamm, P.A. at 301-345-0122 for a free consultation.…
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 330 'Frightening and High': The Frightening Sloppiness of the High Court's Sex Crime Statistics Ira Mark Ellman and Tara Ellman Arizona State University College of...
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Facing Sex Crime Charges? Proven Houston Criminal Lawyer Charles Johnson is Your Best Ally
Crimes falling into the “sex crimes” category generally involve illegal or coerced sexual conduct by one person towards another. There are laws against unlawful sexual conduct in every state, and each state has its own time limit to bring a sexual-related lawsuit. People convicted of sex crimes are considered “sex offenders” by the state and face having their names added to state and federal sex offender registries. Below is a collection of crimes that are sexual in nature, and that carry severe consequences and penalties. Child Pornography – Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Criminal Solicitation of a Minor (Under 17) – On-line solicitation of a minor for a sexual purpose, that is, with intent to commit a sexual activity with that minor, is one of the most investigated and targeted activities by both federal and state law…
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A Wall That Does WHAT Back?
When I saw this in my paper this morning, I thought at first that it was an Onion story mistakenly picked up as real. Lizzie Johnson reports in the San Francisco Chronicle:Beware, public urinators, some of San Francisco's walls now pee back.Public Works crews have finished painting nine city walls with pee-repellant paint and more are in the works. The painted surfaces make urine spray right back onto the shoes and pants of unsuspecting relief-seekers. It's the city's latest attempt to clean up urine-soaked alleyways and walls.Give them credit for ingenuity. That certainly is a creative way to deal with a public order problem.The other thing that occurred to me is that this retaliatory measure will have a disparate impact on men. Of course, it is nearly exclusively men committing the offense in this particular manner, but under current disparate impact theory the rate of offending is irrelevant.
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Facing Indecent Exposure Charges? Hire Houston Sex Crimes Lawyer Charles Johnson
Indecent exposure is a crime that is defined as exposing one’s genitals or socially deemed “private parts” (such as behind or breasts) in a public place where others are present and may witness the act. A person who commits indecent exposure does so intentionally with an understanding that his/her conduct will likely alarm and offend others. Indecent exposure is often performed for the offender’s personal sexual excitement or satisfaction, though in some cases it is a form of social rebellion. The definition of indecent exposure has changed throughout time and place, as what is considered indecent is often socially defined. Many lawmakers have had difficulty creating and implementing laws which are founded on social and cultural mores. Indecent exposure can have varying effects depending on its intent and context. Despite this variance, many laws will prosecute those charged with indecent exposure the same. There are, however, some aggravating factors…
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Arrested for Public Lewdness? Get Proven Aggressive Defense from Houston Lawyer Charles Johnson
Generally speaking, an act of public lewdness according to the Texas Penal code is public fornication. A person commits an offense when he or she knowingly engages in any of the following acts in a public place or, while another person is present who might be offended or alarmed by his or her: act of sexual intercourse; act of deviate sexual intercourse; act of sexual contact; or act of sexual contact with an animal or fowl. An offense is punishable by a maximum fine of $4,000 and/or not more than one year in prison. Under the Texas Penal Code, public lewdness is considered a misdemeanor. A conviction, however, could have as much impact as a felony. Public Lewdness cases are almost exclusively enforced in situations involving two men. Many men each year are charged by the Vice Squad in adult movie theaters, spas, parks or outside of gay clubs and bars. Houston Public Lewdness Defense Lawyer: The Charles Johnson Law Firm If you are arrested for public lewdness, contact…
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Houston Solicitation Charges Defense Lawyer: The Charles Johnson Law Firm
Criminal solicitation is an inchoate crime, consisting of offering something of value to induce another person to commit a crime with the intent that the person asked actually commits the crime. Examples of solicitation include: Prostitution (solicitation of sex in exchange for money); Murder (offering an individual money in exchange for killing someone); and Drug crimes (offering an individual money in exchange for drugs or illegal contraband). The crime of solicitation is complete upon asking, meaning that the whether or not the person solicited actually does what is asked of them, the person doing the soliciting has already committed the crime, just by asking. The person asked does not have to be willing to commit the crime as long as the person asking asks with the specific intent that the other person carry out the crime. For example, a person can be charged with solicitation when the person they are asking is an undercover agent, who has no intention of carrying out…
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Besserer Marktzugang für Schweizer Banken in Deutschland
Mit Medienmitteilung vom 16. Juli 2015 erklärte das Staatssekretariat für internationale Finanzfragen (SIF), dass zu dem im Jahr 2013 zwischen den Finanzministerien der Schweiz und Deutschlands getroffenen Memorandum zur grenzüberschreitenden Erbringung von Finanzdienstleistungen letzte Klärungen erfolgt sind. Das Memorandum wird durch eine Ausführungsvereinbarung zwischen den Aufsichtsbehörden umgesetzt und ermöglicht eine Vereinfachung beim Angebot von Bankdienstleistungen aus der Schweiz heraus. Ab sofort können Schweizer Banken, die grenzüberschreitend in Deutschland Kunden betreuen wollen, die deutsche Bundesaufsicht für Finanzfragen (BaFin) um eine vereinfachte Freistellung ersuchen. Damit erhalten sie Zugang zum deutschen Markt, ohne dort eine Filiale unterhalten oder die Vermittlerdienste einer deutschen Bank beanspruchen zu müssen. Die Freistellung im vereinfachten Verfahren ist in der FINMA-Mitteilung vom 6.…
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