Sam Kamin and Justin F. Marceau (University of Denver Sturm College of Law and University of Denver Sturm College of Law) have posted Remember Not to Forget Furman: A Response to Professor Smith (Iowa Law Bulletin, (2015), Forthcoming) on SSRN....
Kamin & Marceau on Smith on Furman
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child abuse/negect from inability to attend doctor appointements
I have a son who was born premature, named Gabriel Rose. When Gabriel turn 1 year old, I was pregnant with my daughter Vanessa which was a high-risk pregnancy. I had a cerclage to hold in my pregnancy with her and I could not do a lot of traveling and moving around. I was on minimum bedrest so Gabriel required a lot of appointments and I missed several appointments according to my high risk pregnancy with my daughter Vanessa. With missing so many appointments I didn’t find out in time that my son had a blockage in his small intestine. They ended up calling it abuse and medical neglect, and now I have a criminal record which hinders me from having a job in the medical field. The post child abuse/negect from inability to attend doctor appointements appeared first on Free Criminal Record Clearing and Expungement Information.
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Massachusetts SJC rules local sex offender restrictions preempted by state law
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I want to provide again.
Hello, I’ve made a mistake four years ago that is haunting me. I have an Aggravated Battery charge with Adjudication Withheld. Although I have not been convicted of the crime and still have my civil rights, employers will not look past it. I have a wife and son who looks to me as a provider for them. My wife had to carry that burden for the last 5 years as a provider. I could not find anyone willing to hire me, not even in construction, at least not without experience. I am staying positive and on the right path in life. I haven’t gotten in trouble since my first charge and I do not intend on getting in trouble again. All I want to do is be able to have a life again as well as a job. I want to feel confident again that I can be a provider for my wife and son. I hope people find it in their hearts to help those with a background who does want to be rehabilitated back into society. I hope you understand that there are some of us who want a second chance at…
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Civil Rights Violation
In 1988, my life was completely destroyed, due to being charged with “attempt lewdness with a minor” and was coercively forced to accept a guilty plea, which I consequently served 18 months for, released with no parole and no obligated supervised release programs or counseling to attend, thereby proving that I was not a threat to society. In 2006, President George W. Bush signed into law the Adam Walsh Child Protection and Safety Act (P.L. 109-248), as a guideline for state laws on sex crimes. The statute was intended to toughen punishment for sex offenders, now making their photos, names and addresses available to the general public, including next of kin information. Nevada legislators adopted most provisions of the federal law in 2007 (AB 579), reacting in part to concern the state could lose federal grants for law enforcement. Prior to the year 2009, when I was notified of the above-mentioned change in law, I did have a family, but after having my life…
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Judge Alex Kozinski and Barry Scheck Discuss Criminal Justice Reform at Cardozo Law School
This summer, Chief Judge Alex Kozinski of the U.S. Ninth Circuit Court of Appeals received national attention for a new article he wrote entitled “Criminal Law 2.0,” that was published in the Georgetown Law Journal. In the piece, he outlines reasons why the country’s criminal justice system needs speedy and comprehensive reform. On Friday, at a talk hosted by the Innocence Project and the Jacob Burns Center for Ethics in the Practice of Law at Cardozo Law School, Judge Kozinski spoke about his article and his recommendations for improving the system. The discussion was led by Barry Scheck, co-founder and co-director of the Innocence Project. These are some of the highlights: Judge Kozinski explained his purpose for writing “Criminal Law 2.0”: “These are things we in America need to be talking about . . . because the stakes are extremely high. . . . I went to law school 40 years ago and came out of law school with the common belief that…
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[VIDEO] First Offender Dismissal for Virginia Shoplifting
If you’re charged with shoplifting in Virginia, definitely contact me so we can discuss the situation and what see what options you have. Video Transcription Hello, my name is Andrew Flusche. I’m your Virginia misdemeanor lawyer. A lot of people wonder when they contact me if they would be eligible for a first offender program for shoplifting. Now this is a case that depends upon the local court where your case is pending. Shoplifting is not like marijuana and alcohol where there is an official statewide first offender program. For a shoplifting case, first offender or diversion programs depend upon the local court where your case is pending, and not every court has a program like this. This is one reason why you need a local defense attorney who knows the local courts and who knows how to defend shoplifting cases in the court where your case is pending because whereas there’s programs in some of the courts in the Fredericksburg area, there may not be…
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StingRays and Search Warrants
The following article appeared in Vice News on August 25, 2015: “Law enforcement’s secretive and often-times warrantless use of the cellphone tracking device known as StingRay is receiving fresh scrutiny this week following an investigation into the Baltimore Police Department’s widespread use… The post StingRays and Search Warrants appeared first on Chapman Criminal Defense Firm.
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The Numbers Racket in Studying the Supreme Court
Adam Liptak has this article in the NYT. The first two paragraphs read:Justice Clarence Thomas has not asked a question from the Supreme Court bench since 2006. His majority opinions tend to be brisk, efficient and dutiful.Now, studies using linguistic software have discovered another Thomas trait: Those opinions contain language from briefs submitted to the court at unusually high rates.From that opening, the headline of the article, and the prominent picture of Justice Thomas, readers would likely get the impression he is very different from any of his colleagues on this measure. Here are the actual numbers from further down the article:Over the years, the average rate of nearly identical language between a party's brief and the majority opinion was 9.6 percent. Justice Thomas's rate was 11.3 percent. Justice Sonia Sotomayor's was 11 percent, and Justice Ruth Bader Ginsburg's 10.5 percent.In other words, Justice Thomas is barely different at…
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Dusek on Plea Bargaining in Cook County
Joe Dusek has posted The Effect of Plea Bargaining vs. Trial Conviction on the Sentencing of Offenders Charged with a Drug Offense in Cook County, Illinois on SSRN. Here is the abstract: Traditional wisdom suggests those who lose at trial...
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Two Men Plead Guilty to Importing 24 Pounds of Flakka Ingredient in Broward County
Two men pleaded guilty Thursday to importing more than 24 pounds of the main ingredient in the street drug flakka from China to Broward County. Federal authorities arrested a 25-year-old Orlando man and a 21-year-old Clermont man in June after they allegedly attempted to pick up packages from a shipping and mailbox store in Hollywood. Homeland Security Investigations agents claim the packages contained the key ingredient for making the synthetic stimulant, which often causes hallucinations and psychosis. The packages were apparently addressed to fake names and were intercepted while being shipped to commercial mailboxes in Weston and Hollywood, according to authorities. The men apparently ordered large amounts of the drug to be shipped from labs in China and the conspiracy occurred from January to early June, according to the plea agreement. According to reports, the men paid cash for mailbox services and used fake identities when they picked up the shipments. At a federal…
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Friday Open Thread
College football just around the corner. Open Thread. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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To Pull Or Not To Pull
I received an email a while back from a lawyer who was the subject of a post here. I’d called him out for making accusations against another lawyer in a forum comprised of nearly every DUI lawyer in the state. His wasn’t a terribly friendly email, but that was hardly a surprise. What was a surprise was exactly what upset him. He was mad that I had written something negative about him on the internet. That was his biggest sticking point. He disagreed with what I wrote, obviously, and he thought I had no business writing about him in the first place. Even more important to him than correcting things he believed I had wrong, however, was making sure I understood what he perceived to be the irony of me calling him out on the internet for calling a colleague out in front of a large group of esteemed lawyers. Tarnishing his internet reputation was the worst thing I could’ve done to him. At first, I thought I might be able to point out the disconnect. I tried…
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BREAKING: IT'S GOING TO RAIN
It's going to start raining in South Florida this weekend. Here's what you need to know:Rumpole's List:Beer, Wine, Sangria, Rum (from Cuba), a candle, a can of tuna, a box of crackers, a case of tonic, a non-electric cork remover, a can of sardines, vodka, limes, two snicker bars. An apple. Matches for the candle. Two dozen books. That should get you through the storm no problemo (literally "safe and sound" in Croatian). Here are a list of events that will be canceled if it starts raining. The world famous, earth shaking, viagra taking, point scoring, REGJB fantasy football league draft, previously set for tonight at eight. The draft has been re-set to Sunday night at 7pm. Lets get the draft done before the widespread power outages. For more about the draft, see below. West Palm Beach Court. The snooty ones were first out of the box today, sending out an email about the impending rain, and how rain ruins seersucker…
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Kaye on The Hair Evidence Debacle
David H. Kaye (The Pennsylvania State University Dickinson School of Law) has posted Ultracrepidarianism in Forensic Science: The Hair Evidence Debacle (Washington & Lee Law Review Online, Vol. 72 (2015 Forthcoming)) on SSRN. Here is the abstract: For over 130...
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Two Vehicle Crash on SH28 Sends One to Hospital
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: 8-29-2015 1:20a.m. Please direct questions to the District Office On Friday, August 28, 2015, at 7:25p.m., the Idaho State Police investigated a two vehicle injury crash northbound on SH28 at milepost 51, near Lone Pine. John Steele, 69, of Salmon, was driving a 2013 Honda ATV northbound on the right side road edge, crossing a bridge. Cajsa Allen, 40, of Salmon, was driving a 2015 Toyota Sienna Van, also northbound. Allen moved over into the southbound lane to go around Steele. As Allen passed, Steele turned left running into the side of Allen's vehicle. Steele was ejected off the ATV and landed on the highway. Allen was air lifted to Eastern Idaho Regional Medical…
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A Verdict of Acquittal, Twisted
Before the day was out, the acquittal of the senior at St. Paul’s school of the charge of rape was “explained” by Mark Joseph Stern at the Slate XX Factor. No, Stern is not a lawyer. No, Stern has never tried a case, never debriefed a jury after a verdict. No, Stern is not responsible for having any substantive knowledge of the subject of his post, but that doesn’t preclude him from punditry. This is America, and anyone on with a soapbox is entitled to tell others about things they know nothing about. I avoided using the name of the male senior, because after the verdict, should he be acquitted, he would remain innocent and should be able to go through the rest of his life without the taint of this charge. It was, of course, silly of me. After all, his name was smeared across the media, and he will forever be known for this charge. That was under the best of circumstances. The name of his accuser, on the other hand, is a closely-held secret.…
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**Correction** Two Vehicle Crash on SH28 Sends One to Hospital
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: 8-29-2015 6:44 a.m. Please direct questions to the District Office ***Correction: John Steele, not Allen, was not wearing a helmet, and was taken by air ambulance to Eastern Idaho Regional Medical Center.*** LS / KL ******************************************************** On Friday, August 28, 2015, at 7:25p.m., the Idaho State Police investigated a two vehicle injury crash northbound on SH28 at milepost 51, near Lone Pine. John Steele, 69, of Salmon, was driving a 2013 Honda ATV northbound on the right side road edge, crossing a bridge. Cajsa Allen, 40, of Salmon, was driving a 2015 Toyota Sienna Van, also northbound. Allen moved over into the southbound lane to go around…
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Single vehicle crash near Blackfoot
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: 8/29/15 7:00 a.m. Please direct questions to the District Office Idaho State Police is currently on scene with a rollover crash, southbound on I-15 at milepost 93, near Blackfoot. More information will be released when it becomes available. SG / LS -------------
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Jacksonville police investigating hit-and-run crash that killed pedestrian
Jacksonville police are investigating a recent crash as a hit-and-run after a pedestrian was killed on the Arlington Expressway. Police said the pedestrian was killed in the early morning hours, but did not release any information about the person, according to a report on First Coast News. Police said they did not have any information about the car involved in the crash, but they are investigating the case as a hit-and-run, the television station reported. The area near the crash does not have any marked crosswalks, the television station reported. It is possible that a driver could be involved in a fatal crash but not be charged or even ticketed – if there was nothing he or she could do to avoid the crash. But, even if a driver is not at fault in a Jacksonville Traffic Case, he or she brings serious felony charges into play by not stopping and attempting to render aid. State law requires drivers to stop when they are involved in any type of traffic crash, call…
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