One thing my father taught me was to thank God for your opponents. As usual, he was right.My opponents in the sentencing reform battle -- those favoring mass sentencing reduction and the additional crime that is certain to come with it -- have been shrewd up to now in being relatively quiet about the fact they they favor releasing killers, rapists and muggers of all sorts along with the fabled "low-level, non-violent" offender.But, giddy (and careless) with new momentum as more and more Republicans allow themselves to be bull-rushed into sentencing "reform," the other side has prematurely tipped its hand.It was never about just "low-level, non-violent" offenders; that was the head fake. It was about creating a new violent crime wave in America (something that is already happening as serious policing has come under attack and, in California, Prop 47's dumbing down of the criminal code has started to do its…
Killers and Rapists, Rejoice!
↧
↧
Vehicle Equity Skimming in Utah
Vehicle equity skimming became illegal in Utah back in 1991, yet many car dealers continue to have problems avoiding this crime. False promises Selling a vehicle isn’t always an easy task for car owners, which is why they often pay dealers a small compensation to take care of the transaction for them. Regrettable however, sometimes […] The post Vehicle Equity Skimming in Utah appeared first on Salt Lake Criminal Defense.
↧
"Sorting Through the Marijuana Mess in Ohio"
The title of this post is the headline of this new lengthy discussion of some of the notable (and notably distinct) marijuana reform developments in Ohio authored by Keith Stroup, NORML Legal Counsel. Especially for anyone trying to keep track and assess what has been going on in the Buckeye...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/k2EryW-YjA0" height="1" width="1" alt=""/>
↧
DEPARTMENT OF CORRECTIONS TO ATTORNEYS: DROP DEAD
We thought that the DOC had caved. We thought that the problems with attorneys not being allowed to see clients except through a solid plate of cloudy plexiglass through which you cannot give a client a card or see an a-form was over. You thought so too. We thought wrong. Black is white. Hot is cold. In is out. Yes is no.All Animals are equal, but some animals are more equal than others. *And the DOC agreed to allow attorneys see clients in person, except it didn't. And the problem was resolved, except it wasn't. Enjoy today's email and kudos to Rick Freedman for fighting the good fight. Buy him a beer the next time you see him at a Dolphin's game. (the highlights in red are ours, not Mr. Freedman's. Judges sometimes read the blog and need a little assistance.) Assistant Director Junior:Thank you for taking the time today to speak with me about the issue of the attorney visits at your MDC&R…
↧
Ferzan on Moore on Self Defense
Kimberly Kessler Ferzan (University of Virginia, School of Law) has posted Self Defense: Tell Me Moore (Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore (Kimberly Kessler Ferzan and Stephen J. Morse eds., Oxford University Press), Forthcoming) on...
↧
↧
Can I Video Record a Police Officer?
Have you ever found yourself the victim of an unexpected traffic stop? Almost everyone who drives will eventually feel the shock of seeing the rearview mirror glow with the flashing lights of a trailing police car. Whether you’ve been stopped for faulty equipment, traffic violations or driving under the influence, the experience is bound to be unpleasant: so unpleasant, in fact, that you may later find yourself telling your friends, “Next time, I intend to record that.” That might be a great idea, but is it legal? Where Recording a Police Officer Will Lead to Trouble If you are a resident of Illinois, Maryland or Massachusetts, you’ll have to forget the whole thing. In these three states, filming the police is completely against the law. That is true even if the activity you want to record takes place in a public area and happens to involve you personally. In the remaining 47 states, including here in Nevada, the privacy laws are less stringent. For…
↧
A look inside sex offender rehab at Juneau’s prison
See below: "of the 52 who’ve completed the program and been released, one is back in prison for a sexual offense." That is a 2% recidivism rate.7-27-15 Alaska: Since 2010, sex offenders in Alaska prisons have been able to opt in to an intensive treatment program at Lemon Creek Correctional Center in Juneau, but it’s unclear if it reduces recidivism. A 2012 University of Alaska Anchorage Justice
↧
Criminal Docket for Upcoming Year for U.S. Supreme Court
Here are the cases and the issues coming up for the next year for the United States Supreme Court.Pay close attention for Foster v. Humphrey, a Georgia case regarding racial discrimination during jury selection.A lot of cases appealed directly from state supreme courts.http://www.scotusblog.com/2015/07/criminal-law-grants-for-the-october-term-2015/#more-230475
↧
News Scan
CA Teen Arrested After Body of Missing Girl Found: A 15-year-old male neighbor was arrested after authorities discovered the remains of who they believe to be an 8-year-old Santa Cruz girl that disappeared on Sunday. Fox News reports that Madyson Middleton was last seen on Sunday riding her scooter around the Tannery Arts Center, an artist community and housing center where she lived with her mother. The suspected teen, who lives at the complex with his family, is described by neighbors as "polite and well-liked," and his relationship with Madyson is not yet clear. The housing center is located in a busy area populated by businesses, and a major construction project is going on nearby. Prison Worker Pleads Guilty to Aiding Escapees: The former prison employee accused of helping two convicted murderers escape from a maximum security prison in upstate New York last month plead guilty to the charges on Tuesday. Emily Shapiro of ABC…
↧
↧
Media Goes Off-Message on Donald Trump
Donald Trump has had an easy time of it in the media thus far. Yesterday, something he didn't expect popped up. What actually happened is not up for discussion here. First, none of us were there, and more importantly, I have no interest in... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Padilla Retroactivity Making Another Trip to the Supreme Court?
Earlier this month the Ninth Circuit Court of Appeals decided the case of United States v. Chan. That case involves a longtime U.S. green card holder and British national who is trying to get her prior convictions for perjury overturned. The argument is that the lawyer who represented the green card holder misled her on what would happen to her immigration status if she decided to plead guilty, which she ultimately did. The convictions at issue are old, dating back to 1993, but they are surfacing now because the immigration authorities recently initiated deportation proceedings against the green card holder, relying on the 1993 convictions. The issue in the case is whether the green card holder is entitled to postconviction relief because her former attorney misled her about the immigration consequences of her prior convictions. If she does, then there is a chance she may also be able to avoid deportation. The district/trial court said no but the appeals court…
↧
Law Firm Partner Faces Criminal Charges After Drunken Outburst On Flight From Charlotte
Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime? A partner at a major national law firm is currently experiencing the fallout from a series of bad decisions she made during a recent flight from Charlotte, NC to London. The case illustrates not only the dangers of mixing alcohol and prescription sleep drugs, but also the serious penalties that can result from misbehavior onboard an airplane. The attorney, Sara Buffett, boarded a late night flight for London and took her seat in first class. Things got off to a bad start when the plane’s takeoff was delayed for nearly an hour. Buffett decided to take a sleep medication that she used to help with her insomnia to try and get some sleep during the long flight. For reasons that are still unclear, she then followed the pill with at least three glasses of wine. Making matters even worse, she then refused to eat dinner. The pill and the wine…
↧
Puddle of Mudd Frontman Arrested For DWI
Wes Scantlin, lead singer of Puddle of Mudd, was charged with a DWI in Minnesota on Sunday, July 26th. After spotting him speeding and subsequently not pulling over, police officers followed Scantlin on a 100 MPH car chase. The singer allegedly had slurred speech and smelled of alcohol once the police stopped him. When he was given a breathalyzer test, Scantlin scored a .310, which is four times the legal limit. Scantlin is currently charged with a DWI and fleeing a police officer, and is listed as an inmate at the Renville County Jail. The post Puddle of Mudd Frontman Arrested For DWI appeared first on Maryland DUI Lawyer | DWI Attorney | Blog.
↧
↧
What Constitutes Mail Fraud and What Should I Do If I’m Charged With Mail Fraud in Dallas?
Mail fraud is a federal offense that carries serious penalties. The following takes a look at what mail fraud is, what the penalties for mail fraud are, and what you should do if you’re charged with mail fraud in Dallas. What is mail fraud? 940.18 U.S.C. Section 1341- Elements of Mail Fraud, found in the U.S. Attorney’s Criminal Resource manual, defines mail fraud as: “Having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and use the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent act).” The law continues to read that the two specific elements of a mail fraud offense include the following: • A scheme to defraud • The mailing of a letter, etc. for the purpose of executing the scheme As such, any act or plan to commit fraud that utilizes the postal service or other mail service carrier is an act of mail fraud, and is a federal offense. Furthermore,…
↧
How can we get people to stop texting and driving?
Wow, what a fantastic essay for our scholarship contest: In 2013, 32,719 people died in U.S. motor vehicle crashes due to driving under the influence (DUI), speeding, lack of seatbelt use, distracted driving, and crashes involving vulnerable vehicle occupants such …The post How can we get people to stop texting and driving? appeared first on Colorado Springs Accident Attorney | Quality Legal.
↧
Innocence Project of Florida Client Granted New Trial by Federal Judge
Last week a federal judge granted Innocence Project of Florida client Jules Letemps a new trial. Letemps has been in prison for 26 years for a rape he insists he did not commit. Letemps’ attorneys say he was walking to work when the victim identified him as her attacker, but two alibi witnesses placed him at his home at the time of the crime. District Judge Gregory Presnell ruled that Letemps has a reasonable claim of innocence and agreed his original defense attorneys were ineffective. Working with the Innocence Project of Florida on Letemps’ case is Centurion Ministries, whose attorneys say blood testing (which was used by law enforcement before DNA testing became available) on semen found on the victim’s clothes was performed incorrectly. If the testing had been done correctly, the attorneys maintain that Letemps would have been excluded as the perpetrator. "While it is true that this blood type evidence does not directly refute the…
↧
Seidman on Substitute Arguments in Constitutional Law
Louis Michael Seidman (Georgetown University Law Center) has posted Substitute Arguments in Constitutional Law on SSRN. Here is the abstract: In this article, I argue that that substitution is crucial to our practice of constitutional law. Of course, if one...
↧
↧
More Proof: People are Bad at Risk Assessment
One of the most fruitful avenues of investigation is to look at material that nobody ever thought would harm them. That’s the kind of material people do not take great pains to hide. Why hide it when it won’t hurt you and there is so much else in the world to worry about? Trusts set up in the Cook Islands that funnel their money via the Isle of Man and the British Virgin Islands are meant to be hard to find. The same for computer files that are erased – but erased inexpertly. But in the category of things-we-never-thought-would-matter-much are the dull news releases praising the hiring of a new CFO in 2008, when that person went on to cause the company all kinds of problems the company should easily have been able to foresee. The news release comes off the website, but it’s there on the internet forever in a variety of places: news services that preserve it and the web archive that sucks up web material and keeps it – automatically. This topic came…
↧
Defendant Sentenced to Twenty-Four Years for Murder on Nez Perce Reservation
COEUR D'ALENE - Raymond Antoine Scott, Jr., 39, of Lapwai, Idaho, was sentenced today in United States District Court to 288 months in prison for second degree murder in the death of William Reich on the Nez Perce Reservation, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Scott to serve five years of supervised release and to pay a $250,000.00 fine. Scott pleaded guilty to the charge on May 4, 2015.According to the plea agreement and statements during court, Scott admitted that he intentionally and with malice killed William Reich on July 9, 2013. Scott admitted to using a hatchet or similar object to strike Reich in the head. The case was handled by the United States Attorney’s Office because it happened on the Nez Perce Indian Reservation and both Scott and Mr. Reich were tribal members.Olson said that Scott earned every day of his twenty-four year sentence. “This defendant’s criminal history demonstrates…
↧
A Serious Motorcycle Accident Can Change Your Life (And Why It's Important to Document Those Changes)
Getting in an accident has the potential to impact your life, your abilities, and your finances. And when an accident is severe, the likelihood of that impact significantly changing your life is even greater. Here’s a look at how a serious motorcycle accident changes your life, and why any changes to your life should be recorded.Your Ability to WorkDepending on the injuries that you incur during your motorcycle accident, your ability to work may be impaired or even eliminated. This is especially true if you work in an industry where manual labor is essential; if you’re physically injured, it is unlikely you’ll be able to continue in this industry. If your injuries are permanent, you may be unable to return to work for the remainder of your life.Even if you do not work in a hands-on field—injuries may be so severe, or psychological or/and cognitive damage may be severe enough—to keep you from returning to your job.Medical DebtHealthcare in America…
↧
More Pages to Explore .....
