Serial killer Alfredo Prieto is sentenced to death in two states, one of which actually carries out its sentences. The anti-DP public relations machine is raising a stink with a claim that Prieto is intellectually disabled (formerly known as mentally retarded). The U.S. Court of Appeals for the Fourth Circuit considered that claim in June. After summarizing Prieto's evidence, the court said:At the same time, however, the Commonwealth also presented extensive evidence that Prieto's adaptive functioning was not deficient. The jury heard from the prosecution that three prison psychologists had evaluated Prieto when he was incarcerated in California and that each had concluded that he was not intellectually disabled. One of these psychologists reported that Prieto's "cognitive functions were adequately developed, and that his level of conceptual thinking and reasoning were adequate for the formation of good judgement [sic]." The jury…
Another Bogus Atkins Claim
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WESTWOOD MAN FACES RAPE CHARGES IN BOSTON AND KIDNAPPING IN WINCHESTER
Michael Pupura (hereinafter, the “Defendant”) is 36-years-old and from Westwood. He is also learning an important lesson in criminal justice reality. If the allegations against him are true, he is learning that the system does not forgive violent criminal acts just because the accused is polite or tried to mitigate psychological damage on the victim. The Defendant was arraigned Monday in Roxbury Municipal Court. He currently faces two counts of aggravated rape. He has pleaded “not guilty”. According to the Commonwealth, the Defendant followed the woman out of a Boston supermarket, forced his way into her apartment and, therein, raped her twice. He is then said to have apologized and explained to the woman that his actions were not a “reflection on her” and that it was not her fault. According to the Boston Herald , the Defendant faces other, somewhat similar, criminal charges elsewhere in Massachusetts. Apparently, he faces an attempted…
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What is the difference between ESS and ISS sentence? Execution suspended and Imposition suspended?
In a felony sentencing, what do the terms ESS and ISS mean? What’s the difference? Felony sentencing overview: The first question that the sentencing judge must make is whether to grant or deny probation. In most felony charges, there is a three-level or triad of sentences that can be imposed. For example, many felonies carry as potential punishment 16 months, 2 years or 3 years in custody. Those used to be the possible prison terms, but with a change in the laws a couple of years ago, that could be either prison time or time served in county jail. But before getting to which of those three possible sentences to impose, the first question is whether or not to give the defendant probation. Probation Probation is a period of supervision under certain terms and conditions that the defendant must follow. If they are found in violation of any of the terms of probation imposed, they can be brought back before the court and if found to be in…
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Politically Incorrect Judge Faces Disciplinary Charges
What’s wrong with a judge discretely complimenting a civil servant witness in a guardianship case? Plenty, according to New Jersey’s Advisory Committee on Judicial Conduct, who have Superior Family Court Judge Joseph A. Portelli in their cross-hairs for passing a note to a family service specialist who was testifying, that read “You look nice today.” He is also accused of inviting a deputy attorney general and her supervisor into his chambers during a break in court proceedings, putting his arm around the deputy AG’s shoulders and telling both of them they were doing a great job. On the same occasion he also said that he liked how she was “shoving it up the law guardian’s ass”. Now the latter comment may be vulgar but is it really so outrageous that formal discipline is required? Other allegations include Judge Portelli’s practice of making children more comfortable in his courtroom by inviting them to visit his chambers,…
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Why Car Accident Cases Never Work Out How You Thought They Would
You’re in a car accident. You get the other driver’s insurance information, file a claim, and voilà! Your damages are paid in full.If only it were that simple. In reality, though, car accident cases rarely go that smoothly, if ever. Here are some examples as to why auto accident cases never work out how you assume they will, and why the help of a car wreck attorney is, therefore, almost always a necessity.Disputes Over FaultPerhaps the most common barrier to a smooth car accident settlement is a dispute over who was at fault for the crash. While you may think that the other driver’s fault is obvious, the other driver may try to argue that you were doing something dangerous or negligent at the time of the accident, too. If you’re found to be partially at fault for your accident, your damages amount may be reduced as such.Disagreement over Damages AmountNot only does fault play a large role in a car accident case, but so does the value of the…
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Davids & McMahon on Misconduct in Public Office
Cindy Davids and Marilyn M McMahon (Deakin University - Deakin Law School and Deakin University - Deakin Law School) have posted Police Misconduct as a Breach of Public Trust: The Offence of Misconduct in Public Office (Deakin Law Review, vol....
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The Pope, Politics and a Fiat
For two hours in the car today, the only news was the Pope's visit to Washington. He rode in a small Fiat. He talked politics, taking sides on issues that showed his independent thinking. Republicans seemed less happy than Democrats, even though... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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EX-Falcon Jamal Anderson Arrested for Second DUI
Former Atlanta Falcons running back Jamal Anderson has been arrested again for DUI, according to reports. Anderson, who played for the Falcons from 1994 to 2001, was arrested and charged after a traffic stop Sunday morning around 2 a.m., according to the Hall County Sheriff’s Office. He was stopped on Friendship Road at Deaton Creek Parkway for failing to maintain his lane. He bonded out of jail around 10 a.m. Sunday. This is the second DUI arrest in less than a year for Anderson, who was charged in Gwinnett County last November after he was found passed out in his Cadillac Escalade near the I-85/Ga. 316 merger. Anderson was reportedly scheduled to be arraigned Wednesday for the November charges, according to reports. If you have been arrested for a DUI offense in Florida, with a prior offense on your criminal record, you have some serious potential penalties stacked against you. The consequences for a second drunk driving charge are greatly increased from a first…
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Monahan & Skeem on Risk Assessment in Criminal Sentencing
John Monahan and Jennifer L. Skeem (University of Virginia School of Law and University of California, Berkeley) have posted Risk Assessment in Criminal Sentencing (Annual Review of Clinical Psychology, Forthcoming) on SSRN. Here is the abstract: The past several years...
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Florida’s FDLE Alcohol Testing Program – Don’t Follow the 11D-8 Rules? Rewrite the Rule. Repeat.
“Only sometimes when we pick and choose among the rules we discover later that we have set aside something precious in the process.” – Helen Simonson, Major Pettigrew’s Last Stand Matthew Malhiot recently wrote an article discussing how the Florida Alcohol Testing Program (ATP) violated Chapter 11D-8 F.A.C. rules when it failed to conduct a […]
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MOTION TO DISMISS IN HOMICIDE CASE IN JUVENILE COURT IS DENIED
The ever-photogenic Michelle Carter, the Connecticut teen accused of assisting in her boyfriend’s 2014 suicide, and hereinafter referred to as the “Defendant”, is in the news again. You may remember the Defendant. In fact, the good folks at Altman & Altman, llp posted a blog in my absence about the case on September 9th. In summary, the Defendant, now 18-years-old but 17 at the time at issue, is accused of involuntary manslaughter. The Commonwealth has alleged that she helped to cause the death of Conrad Roy III, although he, in fact, committed suicide. The Commonwealth apparently bases its case on correspondence they have found which it says encouraged young Mr. Roy to take his own life. How the Commonwealth intends to show that such correspondences actually caused him to kill himself is not yet clear. Mr. Roy’s family, as one might expect, are on board with the prosecution. His aunt indicated that he had been turning his life around since…
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Planning for Your Bankruptcy Case: Timing is Everything
If you are reading this information, then it is likely that you have already made the important decision to file for bankruptcy. If you are still trying to decide if bankruptcy is right for you and your family, you are encouraged to speak to an experienced attorney before undertaking this process by yourself. Once you make the decision to file bankruptcy, the next step in the process is developing a strategy that will allow you to maximize your chances for success. A critical component to any bankruptcy strategy is timing, i.e. when is the best time to file your case? Why is Timing Important for Bankruptcy? The timing of a bankruptcy filing can affect which debts a person gets discharged (i.e. wiped away), which property the person can keep during and after the bankruptcy process, and what sort of bankruptcy a person can file (Chapter 7 or Chapter 13). All of these possibilities must be taken into consideration before submitting any documentation with the…
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Thursday Open Thread
Here's a new open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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I Passed the Means Test – Can I File Chapter 7 Bankruptcy?
Before consulting with an experienced bankruptcy lawyer, many Georgians perform some of their own research on Google in order to see if they qualify to file a Chapter 7 bankruptcy. Most people prefer to file Chapter 7 over Chapter 13 because at the conclusion of a successful Chapter 7 case, the bankruptcy court wipes away all of the person’s qualifying debts, whereas Chapter 13 requires a debtor to make payments to his/her creditors over a period of 3 to 5 years – and it is not until the end of this period that the remaining debt is discharged. If you have done some reading on the Internet about Chapter 7, you have likely come across the Means Test. The purpose of the Means Test is to separate those debtors who truly can’t afford to pay their bills from those debtors who merely are having a difficult time meeting their bills and want to decrease their debt burden. (For more information on the Means Test, feel free to read about the means test…
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I Pass the Means Test – Can I File Chapter 7 Bankruptcy?
Before consulting with an experienced bankruptcy attorney, many Georgians perform some of their own research on Google in order to see if they qualify to file a Chapter 7 bankruptcy. Most people prefer to file Chapter 7 over Chapter 13 because at the conclusion of a successful Chapter 7 case, the bankruptcy court wipes away all of the person’s qualifying debts, whereas Chapter 13 requires a debtor to make payments to his/her creditors over a period of 3 to 5 years – and it is not until the end of this period that the remaining debt is discharged. If you have done some reading on the Internet about Chapter 7, you have likely come across the Means Test. The purpose of the Means Test is to separate those debtors who truly can’t afford to pay their bills from those debtors who merely are having a difficult time meeting their bills and want to decrease their debt burden. (For more information on the Means Test, feel free to read about the means…
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Blood Testing in New Jersey DWI Cases
In prosecutions for alleged driving while intoxicated (DWI), the state often relies on a defendant’s blood alcohol content (BAC), as indicated by a breath or blood test. New Jersey’s implied consent statute imposes penalties on drivers who refuse to submit a breath sample to an Alcotest device. By driving on the roads of New Jersey, a motorist has given implied consent to breath testing. The implied consent law, however, does not include blood testing. There is no penalty for refusing to submit to a blood test in New Jersey. The law regarding warrantless blood draws in DWI cases has changed recently, thanks to a 2013 decision from the U.S. Supreme Court (SCOTUS), and New Jersey courts are still working out some of the details. A June 2015 Appellate Division decision, State v. Majao, reviews former and current state law, as well as the evidence required to establish the admissibility of BAC results obtained through a blood test. A New Jersey State Trooper who…
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2006 Child Rape Conviction Overturned by Washington Appeals Court
In 2006, Dallin D. Fort who is now 39 years old was found guilty of raping a relative who was 9 years old at the time the alleged rape occurred in 2003. Now, the Washington Court of Appeal’s Third Division has overturned Fort’s conviction and granted him a new trial. The decision was unanimous among the three-member panel, who vacated Fort’s 132-month sentence at Airway Heights Corrections Center because of the fact jurors were questioned by the judge in private prior to the beginning of the trial. The appeals court made its decision based on State v. Frawley, a previous Washington Supreme Court opinion that found unless the judge made a written ruling determining a court closure was justified, jury selection could not take place outside the courtroom. Prior to this decision, Washington judges presiding over sex crimes cases routinely questioned potential jurors in private. Fort appealed his conviction twice, the first time just months following sentencing in…
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Safekeeping
What can a jail do when an inmate becomes unmanageably dangerous, or unmanageably vulnerable, or unmanageably sick? Or what about when so many people are arrested at once that the jail cannot house them all? In those situations, the jail may seek to have the inmate transferred to the state prison system through a safekeeping order. Under G.S. 162-39, a superior or district court judge may transfer an inmate from a local jail to the state prison system if the inmate: Poses a serious escape risk; Exhibits violently aggressive behavior; Needs to be protected from other inmates; Is a woman or person 18 years of age or younger for whom the county does not have adequate housing; Is in custody at a time when a fire or other catastrophe has caused the jail to cease or curtail operations; or Otherwise poses an imminent danger to the jail staff or other inmates. If a judge issues such an order, the sheriff is responsible for conveying the inmate from the jail to prison, and for…
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News Scan
Bill Allows Post-Trial Evidence in Capital Cases: A legislative committee approved a revision to an Ohio capital punishment bill, determining that condemned killers may gather post-trial evidence in their death penalty cases as long as the information doesn't embarrass, annoy or unduly burden the witness involved. WLWT reports that the bill, sponsored by Sen. Bill Seitz, revised current death penalty laws, which left it up to judges to decide whether condemned criminals can gather post-trial evidence at all. Death penalty opponents argue that limits should not be imposed when it concerns the life of an individual, but supporters are assured that judges will "balance the interests of justice." Another part of the legislation states that defense attorneys will not have a page limit on petitions for post-trial challenges or in their appeals if the challenges are denied. prosecutors contend this will clog up the system with…
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2015 On Track As Deadliest Driving Year Since 2007
According to the National Safety Council, during the first six months of 2015 almost 19,000 people died and more than 2.2 million were seriously injured in traffic accidents in the United States. This represents a 14% increase in death rates …The post 2015 On Track As Deadliest Driving Year Since 2007 appeared first on Colorado Springs Accident Attorney | Quality Legal.
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