An article in the Intercept takes a detailed look at the flawed science of bite mark analysis and the case of Bill Richards, a California man who was convicted in 1997 of murdering his wife, Pamela. Richards’ conviction was primarily based on the testimony of forensic odontologist Dr. Norman Sperber, who concluded that a photograph of a possible bite mark on Pamela’s hand specifically matched Richards’ dentition. According to the Intercept, not only did Sperber claim that Richards’ teeth matched the mark, but he also testified that only “one or two or less” out of 100 people would have such unique dentition. Dr. Greg Golden, an odontologist called by the defense, also testified and eventually agreed with Sperber’s conclusion that only about two percent of the population would have similar dentition. Years later, both Dr. Sperber and Dr. Golden recanted their testimonies, writes the Intercept. Golden said that the mark was “just…
How the Flawed Science of Bite Mark Analysis Put an Innocent Man behind Bar
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Driver's License Appeals in Michigan - Restoraton After a long time Without Driving
In my role as a Michigan driver's license restoration lawyer, I often hear some say that he or she hasn't driven for years and years, as if that might help win his or her license back. While I completely understand the frustration behind such a statement, the cold, hard truth is that it couldn't matter less how long someone you have been without a license. My job is to help people win back their driver's licenses, and a part of that (the part that has me spending as much time as I do writing these articles) is to help them understand how things work, and why. Part of that, in turn, is not wasting time on those things that don't work. Driver's license appeals have nothing to do with how long you haven't driven, and raising this issue amounts to nothing more than a waste of breath. This is a bitter pill to swallow, and it seems unfair. It is normal to wonder, "Haven't I been punished enough?" as you struggle to get around…
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Evidence Suppressed Where Police Entered Home Without a Search Warrant
In the federal case of United States v. Harris, police officers entered the accused person’s home without a search warrant in order to look for another person. Their entry was illegal, and the evidence that they seized was … The post Evidence Suppressed Where Police Entered Home Without a Search Warrant appeared first on Chapman Criminal Defense Firm.
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Tuckahoe Road in Yonkers...cont
The legal standards to be applied in evaluating a motion to dismiss are well-settled. In determining whether a complaint is sufficient to withstand a motion to dismiss pursuant to CPLR 3211(a)(7), the sole criterion is whether the pleading states a cause of action. If from the four corners of the complaint factual allegations are discerned which, taken together, manifest any cause of action cognizable at law, a motion to dismiss will fail. The court's function is to '"accept each and every allegation forwarded by the plaintiff without expressing any opinion as to the plaintiff's ability ultimately to establish the truth of these averments before the trier of the facts'". The pleading is to be liberally construed and the pleader afforded the benefit of every possible favorable inference. Where, as here, the plaintiff submits evidentiary material, the Court is required to determine whether the proponent of the pleading has a cause of action, not…
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How Prison Realignment Gave Thousands the Right to Vote
When Governor Jerry Brown signed Assembly Bills 109 and 107 in 2011, more commonly referred to as “prison realignment”, many expected sweeping changes in the way that California dealt with its prison population. The legislation was part of an effort to reform the way that non-violent and non-sex o ffenders are sentenced for their crimes, as well as how they are supervised post-release.1 There is a new, somewhat unexpected outcome of the prison realignment legislation; thousands of California prisoners are regaining their right to vote. As a result of a legal battle fought on behalf of prisoners by the ACLU and decisions made by Secretary of State Alex Padilla, nearly 60,000 convicts will be eligible to cast a vote in upcoming elections. These changes could affect the rights you have if you are charged with a crime in California. While many will regain the right to vote, many will not, and you should stay informed about the possible ramifications of a criminal…
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Lawsuit Against NASCAR Driver Tony Stewart
You may remember that NASCAR star Tony Stewart was racing in a dirt track event in upstate New York last year when he fatally struck a 20-year-old fellow racer named Kevin Ward, Jr. Stewart is one of the biggest names …The post Lawsuit Against NASCAR Driver Tony Stewart appeared first on Colorado Springs Accident Attorney | Quality Legal.
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Simons on Moore on Negligence
Kenneth W. Simons (University of California, Irvine School of Law) has posted Reluctant Pluralist: Moore on Negligence (Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore (Kimberly Kessler Ferzan and Stephen J. Morse eds., Oxford University Press), 2015,...
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Sharing Prescription Drugs
Sharing prescription drugs with friends and family members is dangerous and against the law. Before handing out single pills or an entire bottle, study the health and criminal repercussions associated with sharing prescription drugs. Health consequences When a prescription is written out for a patient, the doctor has the patient’s vitals as well as their […] The post Sharing Prescription Drugs appeared first on Salt Lake Criminal Defense.
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Former Toronto Lawyer Founder of Infidelity Site, Ashley Madison
Noel Biderman’s corporate slogan is “Life is short, have an affair”, although he says that personally he does not subscribe to his company’s philosophy. A graduate of Toronto’s Osgoode Hall Law School, Biderman says he saw an opportunity after he noticed all the “sexual partner wanted” ads on Craigslist, and realized over 30% of the men and women on the list were married or otherwise “attached”. His site, Ashley Madison, was hacked on July 12, 2015 by cyberpunks who call themselves “The Impact Team”, a sophisticated hacker crew that snagged 33 million personal files, announcing their attack by leaving a message on staff computers, accompanied by music, heavy metal group AC/DC’s “Thunderstruck”. The company operates in 50 countries and has 38 million users, many of whom are terrified their name, location, and email address will be released. The ramifications are enormous and include the…
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Traffic Congestion Northbound I-15 at Milepost 99 just north of the Lambert Road Exit
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: 8/24/2015 6:20 Please direct questions to the District Office Idaho State Police is currently investigating a crash northbound I-15 at milepost 99, one mile north of the Firth exit. There is heavy traffic congestion in the area. More information will be provided as it becomes available. KS/JW -------------
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BLACK MONDAY 2015
"Bears make money, Bulls make money, pigs get kicked in the head."Rumpole, in a speech on October 12, 1987, exactly one week before Black Monday, October 19, 1987, when the stock market lost 22.6% of its value, the largest one day financial loss in US history. Our email in box is flooded with panicky investors seeking our advice. It's complicated. This correction (it's far from a crash) was bound to happen. The market was overvalued under any rational view of stocks. And it was thin, meaning when it rose, it only a few favorite stocks brought up the averages. What to do? First. Don't panic. Second, if you can, be a contrarian. If you have stocks, and don't need the money for the next few months, hang on to them. Don't sell into the panic. Second, if you had money a few weeks ago and were looking for a stock who had a PE under 15, good luck. Now there are many very…
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One Vehicle Injury Crash Northbound I-15 at 99
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: 8/24/15 7:05 p.m. Please direct questions to the District Office On Monday, August 24, 2015 at approximately 4:05 p.m., the Idaho State Police investigated an injury crash northbound I-15 near milepost 99, one mile north of the Lambert exit, in Bingham County. Abigail T. Jablonski, 17, of Pocatello, was driving a 2000 Subaru Legacy Outback northbound on I-15 near milepost 99. Jablonski's vehicle drifted off the left should, she overcorrected, drove off the right shoulder and the vehicle rolled. Jablonski was transported by ground ambulance to Eastern Idaho Regional Medical Center in Pocatello, ID. Jablonski was wearing a seat belt. KS /JW -------------
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Kamin & Marceau on Double Reasonableness and the Fourth Amendment
Sam Kamin and Justin F. Marceau (University of Denver Sturm College of Law and University of Denver Sturm College of Law) have posted Double Reasonableness and the Fourth Amendment (University of Miami Law Review, Vol. 68, No. 3, 2014) on...
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"In Rare Case, F.B.I. Tries to Fire Agent Who Shot Queens Suspect"
From The New York Times: WASHINGTON — For the first time in decades, the F.B.I. is trying to fire an agent for intentionally shooting a suspect, after finding that the agent violated bureau policy when he wounded an unarmed man...
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Aurora victims present a "parade of pain" at on-going James Holmes sentencing proceedings
One of many benefits I see in giving crime victims certain rights in the criminal justice system is to ensure their voices are heard and their experiences are memoralized in courtroom proceedings even when those voices and experiences may not directly impact sentencing outcomes. In turn, I think it now worth highlighting the on-going proceedings in a Colorado courtroom that are effectively and potently reported in this CNN piece headlined "A parade of pain at James Holmes sentencing." I recommend reading the whole piece, and here are excerpts: One by one, the wounded and the grieving are telling a Colorado judge how the Aurora movie theater gunman stripped the normal from their lives. Some are sobbing, some are angry. All are shattered by loss. It is a parade of pain that will not change the sentence for the 27-year-old shooter. James Eagan Holmes will spend the rest of his life behind bars. But the inevitable outcome didn't stop the grieving…
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"A different take on the Second Circuit’s Microsoft warrant case"
Orin Kerr has this post at The Volokh Conspiracy. In part: Microsoft is challenging a federal search warrant for e-mails that Microsoft has stored on a server in Ireland. According to Microsoft’s brief, the issue is whether the Stored Communications...
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Judge Berman Deflates SEC’s ALJ Appointment Process
United States District Court Judge Richard M. Berman of the Southern District of New York has been making headlines in recent weeks as he presides over the highly publicized case between the National Football League (“NFL”) and National Football League Players Association (“NFLPA”) regarding the suspension of New England Patriots star quarterback Tom Brady over his alleged role in “Deflategate.” Taking a page from the Patriot’s playbook, Judge Berman recently deflated the United States Securities and Exchange Commission (“SEC”) and its controversial administrative court forum. On August 12, 2015, Judge Berman issued a preliminary injunction against the SEC preventing it from continuing its administrative proceeding against a former Standard & Poor’s rating services (“S&P”) executive, Barbara Duka. In his Order, Judge Berman found that the SEC administrative law judges…
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Chuck Ramsay Joins Faculty of National College for DUI Defense
In Atlanta, Georgia, on November 6th and 7th, 2015, our very own Chuck Ramsay will take the stage to teach nationally-known trial attorneys the science of chemical testing, and how to use it in court. Specifically, Chuck and Dr. Jimmie Valentine will explain calibration, including why single point calibration is about as scientifically rigorous as jello on a grill. Then Chuck will demonstrate the witness examination techniques he's known and envied for: surgically precise questions that bring the State’s experts to their knees, and juries to their senses. Joining Chuck at the podium will be: Ted Vosk (Conference Moderator and Living DUI Legend) (pictured below) as well as Janine Arvizu (Traceability) Peter Johnson (Traceability) Dr. Jimmie Valentine (Calibration) Dr. Ashley Emery (Measurement) Joe St. Louis (Standards and Accreditation) Chester Flaxmayer (Standards and Accreditation) Mike Nichols (Uncertainty) Dr. Andreas Stolz (Uncertainty) Howard Stein…
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FinCEN Proposes Rule Requiring Investment Advisor AML Compliance
Investment advisors may soon face increased costs and scrutiny thanks to a proposed rule issued by the Financial Crimes Enforcement Network (FinCEN). On Tuesday, August 25, FinCEN proposed a rule that would require many investment advisors to implement AML compliance programs, including the filing of suspicious activity reports (SARs) and currency transaction reports (CTRs). The CTR requirement comes with FinCEN’s proposal to include investment advisers in the definition of “financial institution” in the operative regulation. FinCEN Director Jennifer Shasky Calvery explained in the agency’s press release, “Investment advisers are on the front lines of a multi-trillion dollar sector of our financial system . . . . If a client is trying to move or stash dirty money, we need investment advisers to be vigilant in protecting the integrity of their sector.” As the proposed rule explains, “The investment advisers…
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Mistrial Declared In Charlotte Police Officer Manslaughter Case
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?” Charlotte-Mecklenburg police office Randall Kerrick avoided conviction on manslaughter charges last week when the North Carolina jury deadlocked, forcing the judge presiding over the case to declare a mistrial. Experts say it is unclear how prosecutors will move forward, whether they will bring Kerrick up on similar charges a second time or consider other options. The case involving Kerrick dates back to 2013, when a woman called 911 saying that there was a man trying to break in her front door. The young woman was home alone late at night with her 1-year-old child and was understandably terrified by what she says was a stranger banging on her door. The stranger was former college football player Jonathan Ferrell. Ferrell had just had a car accident. He crawled from his vehicle, his family says, looking for help. When police…
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