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Freispruch nach vermeintlichem Raub

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Vor Gericht stand ein 37-jähriger Mann zusammen mit seiner 32-jährigen Lebensgefährtin. Sie sollen eine Nachbarin überfallen und ihre Geldbörse mit 30 Euro Bargeld entwendet haben. Die mutmaßlich Geschädigte konnte sich vor Gericht jedoch nicht mehr daran erinnern, ob sie überhaupt überfallen worden war. Auch war sie sich nicht sicher, ob sie überhaupt Anzeige erstattet . . . → Read More: Freispruch nach vermeintlichem Raub

Obstruction of Something

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<font style="FONT-SIZE: 12px" face="Arial">On the back of a t-shirt they sell at the National Criminal Defense College in Macon, it says "I plead guilty to obstruction of injustice."&nbsp; It's what criminal defense lawyers find inspirational, but of course depends on which side of the fence makes you feel more comfortable.<br> <br> The play on words relates to obstruction of justice, a curious charge given that&nbsp;law enforcement&nbsp;reserves the right to define justice to itself. Literally, as Brunswick, Georgia City Commissioner James Henry ...</font>

Making Mean Disappear

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<font style="FONT-SIZE: 12px" face="Arial">GW Lawprof&nbsp;<a href="http://www.law.gwu.edu/Faculty/profile.aspx?id=12154" target="">Lawrence Cunningham</a> has a book out about AIG's Hank Greenberg, which he has been shameless pumping over at <a href="http://www.concurringopinions.com/" target="">Concurring Opinions</a>. This isn't unusual over there, where the prawfs do what they can to bring attention to their efforts, and having put a great deal of effort into producing what they believe to be a good book, there's nothing wrong with it.<br> <br> But no matter how good ...</font>

D.S.D.: Suppression facts and issues too complicated; good faith exception is all court has to decide

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If the suppression issue is complicated, the court refuses to resolve it, and turns instead straight to the good faith exception. United States v. LaBatte, 2013 U.S. Dist. LEXIS 45261 (D. S.D. March 25, 2013): In light of staleness issues, those pertaining to the reliability of the juvenile informants, certain conclusory allegations, the over-seizure of evidence and the manner in which the supporting application was filled out, ascertaining -- definitively -- whether the search warrant comported with Fourth Amendment strictures is no easy task, given the facts and circumstances present. The Court, however, need not engage in this complicated exercise because there is a simpler and more straight forward way to resolve the overarching constitutional question: The "good-faith" exception to the warrant requirement. Note: This is not the first time I've seen a court just throw up its hands to a motion to suppress as too complicated to resolve. Instead, the court just turns to the good faith exception and says that the warrant is fine. There is a moral here: Defense counsel should focus the motion to suppress better and even cut out a lot of cases. If you have six issues of why the warrant fails, make it appear obvious and argue that the total failure of the warrant completely undermines the probable cause. Alternatively, pick one or two and go with that. (Take need from Jones v. Barnes, 463 U.S. 745, 751-52 (1983): "Experienced advocates since time beyond memory have emphasized the importance of winnowing out weaker arguments on appeal and focusing on one central issue if possible, or at most on a few key issues.") I confess that I've read plenty of affidavits where the GFE was looming, and the PC under Gates was close enough that I knew the court was never going to suppress. Back to blog

E.D.Okla: Apparent hand-to-hand transaction by known drug dealer was RS for stop

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Defendant was a known drug dealer, and his actions on the day in question showed a hand-to-hand drug transaction, and that was sufficient to stop him. United States v. Jackson, 2013 U.S. Dist. LEXIS 45276 (E.D. Okla. February 28, 2013).* Driving in the left lane without passing for one mile as justification for the stop. Abney v. State, 2013 Tex. Crim. App. LEXIS 590 (March 27, 2013).* Defendant failed to show standing to challenge the search warrant and search of the premises in this case. A vehicle was searched which his disavowed, so he has no standing as to that either. United States v. Alamo-Santellanes, 2013 U.S. Dist. LEXIS 43872 (D. Minn. February 26, 2013).*

Foreign Drivers in Florida May Get a Break With International Permit Repeal

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Given that tourism is the economic heartbeat of Florida, it's no surprise that state legislators want to ensure that everyone feels welcome, especially those who travel long distances. motorwayattwilight.jpg Our West Palm Beach traffic ticket lawyers are sure that has a lot to do with how quickly House Bill 7059 is making its way through the state House of Representatives. The law is actually an effort to repeal an earlier measure that went into effect the beginning of this year that requires Canadian tourists to pay a $25 fee in order to obtain an international driving permit in order to be road-worthy on Florida thoroughfares. The law has not only caused a huge back-up at automobile associations in Canada, it has raised serious concerns about whether these individuals will be targeted by law enforcement looking for cars outfitted with Canadian tags. The measure caused a number of snowbirds from Canada, many of whom spend months on end here in the Sunshine State, to simply stay home. Many were worried that if they didn't have a permit, they would be breaking the law. In fact, some 3 million Canadians visited the state last year. That was a 4 percent increase from the year before, and it's estimated these visitors bring about $4.5 billion to the state annually. The law, an amendment to Florida Statute 332.04, was passed after law enforcement officials complained about difficulty in having to decipher international driver's licenses that were often in a language other than English. The law would require all international visitors to the country to get a permit from their own country before they can drive here in Florida. There were reports in Canada of three-hour-long waits - or more - for one of the permits. However, the Florida Department of Highway Safety & Motor Vehicles announced in February that the law wasn't enforceable, saying it was likely to violate the standards created by the Geneva Convention of 1949. According to those rules, non-resident visitors to Florida who want to drive need only have in their immediate possession a valid driver's license issued in his or her name from either another state or U.S. territory or from their country of residence. Still, given the sheer number of international tourists our state hosts every year, even the repeal of this measure isn't going to be the end citations and arrests of foreign nationals visiting Florida. If you are a foreigner arrested in the U.S., under the Fifth and Fourteenth Constitutional Amendments, you are afforded the same rights of due process as citizens accused of a crime. That includes traffic offenses, and it includes your right to consult with an attorney before speaking to police about anything other than your name, age, and basic information. Many of our northern neighbors have expressed relief at the repeal of this law, saying that it will ensure they continue to be treated equally in the state of Florida. If nothing else, some said, it was a serious annoyance. If you are stopped and hassled over your lack of an international driving permit, we are here to help.

MS erroneously puts burden on defendant to show a lack of third party consent

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In a sex assault on a minor case, the court erroneously puts the burden on the defendant to show that the third party consenter didn’t consent rather than on the state where it belongs under the Fourth Amendment. Brown v. State, 2013 Miss. App. LEXIS 131 (March 26, 2013): [...] Read more!

Did surcharges cause Voter ID repeal? A question to ponder as Texas House considers its elimination

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The Dallas News last week published a feature behind the paywall by reporter Terrence Stutz titled "Texas lawmakers want brakes put on driver surcharges for road violations," as well as an editorial on the public part of their site calling for the repeal of this "messy mistake of a law." Their timing was good because state Rep. Larry Gonzales' HB 104 has been scheduled for a public hearing on Wednesday, April 3 upon adjournment in the House Homeland Security and Public Safety Committee. I wholeheartedly agree it's time to eliminate the surcharge and find better, more reliable ways to fund regional trauma centers. However, vanity compels me to highlight a sidebar to the story which ponders a question Grits first considered last year in this post: "Was the Texas voter ID law undone by the troubled Texas Driver Responsibility Program?" Noted Stutz:Although no study has ever been done on the link between the two, experts have speculated that the driving surcharge program — which has caused 1.3 million drivers to lose their licenses — made it much more difficult for Texas to defend its 2011 law requiring voters to show a photo ID at the polls. In August, a federal appeals court refused to uphold the voter ID law in part because so many Texans lacked a driver’s license or state photo ID. Minorities made up a large percentage of them.An analysis by the Texas secretary of state last year could not find matching driver’s licenses or state photo IDs for as many as 2.4 million Texas voters. That included 1.6 million who had licenses or IDs when they registered to vote.Among those who see a link is Austin political consultant and criminal justice blogger Scott Henson. Based on the numbers, he sees a “definite correlation” between the DRP and the large number of voters who don’t have the photo ID most Texans rely on — a driver’s license.“I’d love to see the state run another matching program to find out how many voters without a current ID have defaulted on one or more of the Driver Responsibility Program surcharges,” Henson wrote on his blog, Grits for Breakfast.Henson, who has testified in favor of the program’s repeal, also added: “How many negative consequences must the state suffer from this ill-conceived revenue-generation scheme before the Legislature finally repeals it?”Grits continues to believe that the surcharge was a major contributor to Texas' voter ID law being rejected - not the sole reason, perhaps, but neither at all an insignificant one. I also believe it has significantly harmed the economy.The sticking point to repealing the surcharge this year has been hospitals' fear that, if Texas won't accept Medicaid funding, they'll be stuck with uncompensated care bills and lower disproportionate share funds from the federal government. So they don't want to let go of any revenue source while so much uncertainty hovers around them. I get that. But because the Lege has failed to distribute hundreds of millions of surcharge funds as part of its convoluted smoke and mirrors scheme to balance the budget, there's enough money in the account right now, says the Texas Criminal Justice Coalition and Rep. Gonzales, to keep paying hospitals at current rates for the next six years. That would give the Legislature three biennia to nail down its health finance decisions and figure out a more equitable way to fund indigent healthcare with fewer unintended consequences.Necessity is the Mother of Invention: IMO the Lege should eliminate the surcharge now and worry over the next couple of sessions about how to pay for indigent healthcare in a future inevitably altered, for good and ill, by Obamacare. The solution must come as part of a broader fix to a protean health finance system which will be a big legislative priority over the next several years as Obamacare rolls out and the states adjust and react. (E.g., I've thought the surcharge money might be replaced with some sort of transaction fee on health insurance policies.) There's time to address those larger indigent care questions, even if the surcharge is eliminated this session.In the meantime, if you want to tell the Texas House Homeland Security and Public Safety Committee why this program should be stricken from the books, show up at the capitol on Wednesday. You can simply register against the bill (at the kiosks in the hallway behind the hearing room) or leave written testimony with the clerk if you don't have time to wait around all day.See prior, related Grits posts:Piling on: TPPF offers more reasons to abolish Driver Responsibility surcharge House rep promotes abolition of Driver Responsibility surcharge Is 2013 the year legislators axe Orwellian-named Driver Responsibility surcharge?Did the Driver Responsibility Surcharge cause Texas' voter ID law to be rejected?Few defendants getting surcharges waived by judges based on indigenceGrits to DPS: Enact incentive rules for Driver Responsibility surcharge nowAmendment tells DPS: Implement incentive rules for Driver Responsibility surcharge Hospitals: Driver Responsibility surcharge an unreliable funding sourceWhat's the one thing John Whitmire and Leo Berman have in common?Declining DWI convictions and the unmitigated failure of the Driver Responsibility surcharge Federal suit filed to declare Driver Responsibility surcharge unconstitutionalDPS Director: No public safety benefit from Driver Responsibility SurchargeProsecutors altering charging decisions to avoid Driver Responsibility surchargeDriver surcharge boosting Texas joblessnessUnexplored costs from DPS surcharge harm safety, the economy Driver Responsibility surcharge 'devastating' for court systemBill author says 'overly punitive' Driver Responsibility surcharge a 'mistake'

AL - Jeff. Co. B'ham Al crazy arrest

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The following was sent to us via the contact form and posted, as was sent, with the users permission.By P: i was arrested in june 2002 for sexual abuse 1st i was 19 the girl was 18 my 6000 dollar lawyer advised me to plead guilty to 1yr 1day split 30 days to serve or i would get 10 yrs if i lost at trial which is usually the case even in he said she said anyway fastforward over 10 yrs my wife called 911 about 6 months ago at 4A.M. thinking there was a burglar the operator told us to step outside so the deputies could see us so we stepped on the porch they ask our names and i guess ran them finding out i was a SO my wallet was 6to7 feet away i was in basketball shorts no shirt at 4 in the morning just awoken by an intruder and they arrested me for SO with no id on my wifes porch and its a felony i am really interested in your cause and just wanted to share that by the way they took not a single second to look for the prowler its a joke here i have never been in trouble for another sex offense and i never will its something that haunts me everyday i was a kid hooking up with a drunk girl 1 yr younger than me and her boyfriend came in so she said it was forced but there were no bruises no scratches on me and my very christian parents were upstairs asleep in a 290,000 dollar home so i just dont know what to do where should i move? i hate it here there is no difference between any SO's here and registration is for life please let me know what you think thank you© 2006-2013 | Sex Offender Issues

TN exhaustively discusses the community caretaking function; this case didn't qualifiy

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The community caretaking function did not support defendant’s “stop” with blue lights in a parking lot at night. Defendant as already parked with lights on, and the officer decided to see what was going on. Defendant was arrested for DUI. The opinion exhaustively discusses the community caretaking function. State v. Moats, 2013 Tenn. LEXIS 311 (March 22, 2013): [...] Read more!

W.D.Mo.Bankr.: Criminal seizure for counterfeit labeling could not be addressed in Bankruptcy court

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A bankruptcy adversary proceeding was instituted to get return of imported lamps with counterfeit Underwriters Laboratory stickers on them. They were seized because of the labels, and a federal prosecution started. The bankruptcy court has no jurisdiction over them because of the criminal case, and the remedy is in that court. In re Guildmaster, Inc., 2013 Bankr. LEXIS 1241 (Bankr. W.D. Mo. March 29, 2013). The standard for detention for Miranda purposes isn’t the same as for Fourth Amendment purposes. Here, the suppression order of defendant’s statement is set aside because he could not have understood he was in custody for Miranda purposes. People v. Pleshakov, 2013 CO 18, 2013 Colo. LEXIS 237 (March 25, 2013).* Disputed facts underlying a Fourth Amendment qualified immunity appeal means no appellate jurisdiction. Hernandez v. Grant, 2013 U.S. App. LEXIS 6299 (10th Cir. March 29, 2013).*

MD - High court ruling could affect sex offender registry - ourt says offenders from before registry began shouldn't be on list

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Original Article03/05/2013BALTIMORE - The Maryland Court of Appeals on Monday decided that sex offenders whose crimes took place before the registry was created in 1995 should not have to register, and the decision could have widespread implications for hundreds of others on the list. The case of Sarah Foxwell, an 11-year-old girl found raped and slain on the Eastern Shore in December 2010 sparked outrage and increased efforts to tighten restrictions on Maryland sex offenders. "It's enabled all of us statewide to have a conversation about the fact that this really is a problem. It really does happen and it can happen anywhere, whether it's on the Eastern Shore or it's right here in Baltimore City," said Adam Rosenberg, the executive director of the Baltimore Child Abuse Center. Much of the conversation has focused on the sex offender registry, which was placed front and center in the Maryland Court of Appeals on Monday. In the case presented to the court, a Washington County teacher who went by the name John Doe was convicted in 2006 of sexually assaulting a 13-year-old student in 1983. Doe argued that he should not have to register as a sex offender because the registry didn't exist until 12 years after the crime. "He's saying when I did what I did, there was not a sex offender registry in place, therefore you can't put me on the sex offender registry for doing what I did," explained Baltimore criminal defense attorney Christopher Wheatcroft, of the firm Alperstein & Diener, P.A. The Maryland Court of Appeals agreed in a ruling that sets new precedent in the state and has the potential to remove hundreds of sex offenders from the registry. Wheatcroft called the decision fair but acknowledged that the future will at least partly depend on how the Legislature and the Department of Public Safety react to the ruling. "Long-term, I don't know how many people will be off the registry, and I don't know what process they're going to have to follow to make that happen if it remains an opportunity for them," Wheatcroft said. Rosenberg said regardless of what happens, the registry is only one part of the solution. "It's great to be able to know who is in your neighborhood that has been convicted of being a sex offender, but that doesn't solve the entire problem," he said. "There are many more people who could be committing a sex offense that we don't know of, and that is preventable."- Preventable how exactly?  And what about knowing all the other ex-felons who live in our neighborhood, like murderers, gang members, drug dealers / users, DUI offenders, thieves, etc? Details written in the judgment show that the court was somewhat divided in determining its ruling. Legal experts said the issue still has a long road and will likely make its way to the Supreme Court.Video Link© 2006-2013 | Sex Offender Issues

March Madness, Elite 8 Open Thread

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The investments: Ohio State -4½ over Wichita State (5 units), Marquette +4 over Syracuse. Yesterday 2-2 ATS, + 0 units (31-23 ATS, +23 units for MM.) Open Thread. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Two Killed in Matthews Collision Resulting in DWI

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A car accident in Matthews, North Carolina along Independence Boulevard resulted in the death of a grandmother and her daughter.  The accident occurred near the Matthews Festival Shopping Center, according to the police report. Police report that a Chevy Trailblazer collided with their Honda CRV.  Four people were in the car; two of which were [...]

John Horne of Acreage, Florida Arrested for Child Abuse

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John Horne of Acreage, Florida was arrested Friday after he was accused of restraining a child's arms with a belt, news sources report. Horne allegedly restrained the child, whose age was not specified, to prevent him from drinking out of a toilet. The boy sustained blisters on his hands from being restrained, reports indicate. Horne, 52, was booked into the Palm Beach County Jail on charges of child abuse. He was later released on a $3,000 bail bond. It is not yet known whether he has retained a lawyer. According to reports, the incident occurred at Horne's home on Avenue North in Acreage. The victim reportedly drank from the home's toilet a number of times in the past and got sick from the water on at least one occasion, reports say. The problem was so prevalent that Horne had alerted the boy's school. In an effort to stop the victim from drinking from the toilet, Horne allegedly fastened the boy's hands using a belt. The Department of Children and Families learned of the use of the belt on February 25, after the victim told someone that his right hand hurt. Detectives went to Horne's home and spoke with the victim. The boy reportedly said he had drank water from the home's toiled; however, when detectives asked the victim why Horne had restrained his hands, the victim, "immediately dropped his head," a police report said. A DCF investigator apparently found nearly a dozen blisters on the victim's hand during an investigation. Detectives spoke with a woman at Horne's home, who said Horne had put the belt around the victim's hands to stop the boy from drinking from the toilet. It is not yet clear how the allegations against Horne will affect the custody of the victim. It is also unclear who took custody of the victim following Horne's arrest. Horne was not the only South Florida arrested for child-related offenses this past week. Ingrid Hector of Port St. Lucie was arrested Thursday after she was accused of leaving her three young daughters home alone, reports say. Hector, 29, was booked into the St. Lucie County Jail on three counts of child neglect. It is unclear whether she has qualified for bail or hired legal representation.

Paul Jalieba of Tamarac, Florida Arrested for Sexual Assault

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Paul Jalieba of Tamarac, Florida was arrested Sunday after he sexually assaulted and battered a woman, news sources report. Information regarding the woman's age and identity was not immediately available following the incident. Jalieba, 28, was booked into the Broward County Main Jail on two counts of sexual battery, battery, harassing a victim, and resisting an officer without violence. A judge ordered he be held on $110,500 bond. So far, no defense lawyer has commented on behalf of Jalieba. While the details of the incident are not yet clear, reports say Jalieba began assaulting the victim by striking her in the face with his fist. Jalieba allegedly continued the assault by strangling the victim from behind. The attack came to a halt when the victim stabbed Jalieba in the leg with a culinary knife and used her cell phone to call for help, sources say. Police transported Jalieba to the Florida Medical Center for treatment, then booked him into the county jail. Reports say the victim sustained contusions and swelling to her face following the attack. Jalieba was not the only South Florida man booked into jail on assault charges this past week. Charles Vaughn of Lake Worth was arrested after he allegedly smashed 73-year-old Ronald Amodio's windshield, reports say. Vaughn, 43, is also accused of slapping Amodio in the face. Vaughn was booked into the Palm Beach County Jail on charges of property damage and battery on a person over 65. He is being held without bail. It is not yet known whether he has hired legal representation. According to reports, Vaughn works for Amodio in an unspecified capacity. The two were working together prior to the incident. Vaughn left around noon for his lunch break and returned a short while later; when he returned, Amodio reportedly accused him of being drunk. The two engaged in a verbal argument and finished their work. It is not clear whether Vaughn had actually been drinking. Later, as Amodio was driving Vaughn home, he told the man that he was fired for coming into work intoxicated. Infuriated, Vaughn began to shout. He allegedly tore off the car's rear view mirror and used it to break the windshield. Reports say Vaughn continued to be belligerent as he exited the vehicle and, at one point, slapped Amodio across the face.

Tyrone Dalton of Fort Lauderdale, Florida Arrested for Sexual Assaulting a Minor

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Tyrone Dalton of Fort Lauderdale, Florida was arrested Tuesday after he was accused of sexually assaulting a 16-year-old girl, news sources report. Dalton, 53, was booked into the Broward County Main Jail on charges of a sexual performance by a child. His bail bond was set at $10,000. It is not yet known whether Dalton has lined up a criminal defense lawyer. The events leading up to the incident began around 8:00 Tuesday morning on Northwest 10th Avenue. The victim and her friend were walking to the bus stop when Dalton, who lives at the same apartment complex as the victim and whom residents know as Mr. T, told the victim and her friend to come inside his apartment. To lure them in, Dalton reportedly offered to let the victim's friend use his bathroom. Once inside the apartment, the victim went to the kitchen with Dalton while the friend went to into the bathroom. Dalton allegedly approached the victim and sniffed her neck. Dalton then allegedly sprayed the victim's neckline with perfume and said, "You got to smell beautiful for me because I have a crush on you." Concerned about Dalton's intentions, the victim attempted to leave the apartment. According to a police report, Dalton stopped her, grabbed her, kissed her numerous times, and touched her in sexual way. The victim's friend heard her scream and rushed to see what was happening. The friend reportedly saw Dalton inappropriately touching and kissing the victim, who was crying and clearly distraught. It does not appear as though the girl was injured in the incident, which apparently ended when her friend walked in. In other news, Joseph Sansalone of Boca Raton was arrested Wednesday after he was accused of neglecting his elderly father, 91-year-old Frank Sansalone, reports say. Sansalone, 62, was booked into the Palm Beach County Jail on charges of neglecting an elderly person. His bail was set at $3,000. It is not yet known whether he has hired legal representation.

Case o' The Week: "Must Be Lying" Must Be Error (But Harmless!) - Ruiz and Closing Arguments

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Not content to merely allude to improper arguments, an AUSA emphasizes them in a Powerpoint presentation during closing.  The result? “Sadly condoned by the incantation: “harmless error review.”  United States v. Ruiz, 2013 WL 1197945 (9th Cir. Mar. 26, 2013) (Pregerson, J., concurring), decision available here.Players: Decision by Judge Paez. Reluctant concurrence by Judge Pregerson. Hard-fought appeal by CD Cal AFPD Brianna Fuller. Facts: Sisters Diana and Daisy called the police about a man they later identified as Raymond Ruiz: he was holding a shotgun, mumbling, and walking down a street. Id. at *1. Five minutes after their call, cops in a helicopter saw a man run behind a house and throw a shoe box-sized item over a fence into a vacant lot. Id. Another cop arrived and found a box in the lot with 12-gauge shotgun shells. Id. Yet another officer found Ruiz, trying to get into the house. Id. A 12-gauge shotgun was discovered an arm’s length from Ruiz. Id. At trial the prosecutor used Powerpoint slides – over defense objection – that insisted the jury could only find Ruiz not guilty if the jury found that the officers “lied to you.” Id. at *3.                                                             Issue(s): “At the heart of Ruiz’s argument is his contention that the prosecutor’s statement presented the jury with a false choice between his and the officers’ accounts, since the officers could have testified honestly, but nonetheless mistakenly perceived the events on the night in question. This false choice, he asserts, improperly shifted the burden of proof to the defense.” Id. at *3.Held:[P]rosecutors have been admonished time and again to avoid statements to the effect that, if the defendant is innocent, government agents must be lying.” Id. at *3 (quotations and citation omitted). “Here, the prosecutor’s argument came very close to altering the burden of proof . . . [T]he prsoecutor’s argument that either the [officer] or Ruiz must be lying could well be construed as arguing an inference unsupported by the evidence, and thereby altering the burden of proof.” Id. at *4. “We need not decide the issue . . . because we conclude that, even if the prosecutor committed error, the error was harmless . . . “In light of the strength of the evidence, the prosecutor’s evidence did not materially affect the fairness of Ruiz’s trial.” Id. at *5.Of Note: Judge Pregerson “reluctantly” joins the majority opinion, but write separately to specifically question the slides used by the prosecutor in closing argument. Id. at *7 (Pregerson, J., concurring). As explained by Judge Pregerson, the prosecutor’s argument “distorts the burden of proof and misstates the law, but sadly is condoned by the incantation: ‘harmless error review.’” Id. at *7.   Interestingly, two years ago Judge Paez penned one of the best harmless error cases in the Ninth. See United States v. Hunt, 656 F.3d 906 (9th Cir. 2011); see also blog here. Frustrating to here see harmless error shield plainly improper argument by the prosecutor.How to Use: Little to celebrate in Ruiz, but there’s an informative (albeit disappointing) discussion on jury unanimity in a gun case. Id. at *2. Ruiz was charged with one 922(g) count that encompassed three theories: possessing the gun as seen by the sisters, possessing the ammo in the box, and constructive possession of the shotgun found by the cop. Id. at *1. Not a problem, assures the Ninth: Ruiz was charged with possession of the gun and ammo during one ten-minute period on one night in one location. Id.at *2. The jurors could convict on whatever evidence that they felt supported Ruiz’s guilt, even if they failed to agree on which evidence was persuasive. Id.at *2. (Appropriate that a shotgun was at issue here: this is prosecution by spray shot, where the jury could have split 4/4/4 on the three theories and still convicted!)                                                For Further Reading: Did you know that federal agents have tracked people here in NorCal, using “stingray” cell phone interception technology, and have done so without a warrant? News to us too. Read the fascinating ACLU account, including an intriguing AUSA e-mail exchange on the subject, here.   If you have a wiretap, it’s a safe bet your clients were electronically tracked under the guise of a vanilla pen register (a register obtained with an application that didn’t reveal it was authorizing a tracking device). The ACLU’s great work will make for some lively Title III litigation.   Powerpoint image from http://www.wasupremecourtblog.com/2011/05/articles/oral-argument/how-not-to-use-powerpoint-in-criminal-trials-and-other-oral-arguments-may-10-2011/ Stingray illustration from http://ispyck.com/law-enforcement-using-cell-phone-tracking-devices/stingray-cell-phone-tracking-how-it-works/ Steven Kalar, Federal Public Defender N.D. Cal. Website at www.ndcalfpd.org.

Georgia Legislature passes bill (HB 150) restricing the publication of mugshots for commercial gain

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In a tremendous victory for many people whose mugshots are posted on websites that require payment in order to take them down, the 2013 Georgia Legislature has approved a measure (HB 150) restricting the publication of such mugshots and providing … Continue reading →

IT contractor CDW-G pays $5.66 million to settle whistleblower’s allegations

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On March 29, the Department of Justice announced that CDW-G, the government contracting arm of the information technology supplier, CDW, has agreed to pay over $5.66 million to settle claims originally brought by a qui tam relator. According to DOJ’s press release: CDW-Government LLC (CDW-G) has agreed to pay $5.66 million to resolve allegations that it [...]
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