By Ariana Costakes 2009 exoneree Fernando Bermudez is profiled in a new book Why Go On: Connecticut Residents Bring Dark Days to Light by Lisa Wright. The book features 20 profiles of individuals who overcame life-changing ordeals to discover new hope and inspiration. Chapter one is the story of how Bermudez became embroiled in a murder investigation when his photo was mistakenly placed in a felony line-up. Despite being physically distinctive from the actual perpetrator of the shooting, Bermudez was implicated by five witnesses, many of whom testified in exchange for deals in their own criminal cases. Although there was no physical evidence linking Bermudez to the case, he was found guilty and convicted to 22 years in prison in 1992. The following year, all five witnesses signed sworn statements recanting their testimonies, but Bermudez’s appeals were repeatedly denied. In prison, Bermudez made the best of his situation by educating himself, teaching…
Fernando Bermudez Profiled in New Book by Lisa Wright
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DNA from private databanks searched in investigations
Might people who submitted their DNA for private genetic testing wind up having their profiles run against evidence from crime scenes? According to the Legal Aid Society's latest DNA Newsletter:Over a million people have sent their DNA samples to private genetic companies like Ancestry.com and 23andMe.com seeking answers to their most personal questions about family lineage and ethnic descent. Smithsonian Magazine writes that many people use private genetics companies as an alternative to expensive medical diagnostic tests, and just last week the Atlantic wrote about a new DNA crowdsourcing site called DNA.LAND. But as more people send DNA samples into these seemingly innocuous databanks, law enforcement has capitalized on the public’s naiveté by using private databases as an investigative tool.Unlike the FBI’s national DNA databases which dictate when and what samples can be uploaded, private databases populated with volunteered …
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What Is Relevant Conduct in a Child Pornography Case?
Today, the Sixth Circuit considered what constitutes "relevant conduct" under Guideline 1B1.3(a) in a child pornography case. In United States v. Hodge, the Court addressed the two-level reduction under Guideline 2G2.2(b)(1), which applies when "the defendant's conduct was limited to the receipt or solicitation of material involving the sexual exploitation of a minor" with no intent "to traffic in, or distribute, such material." The Hodge court affirmed the sentence, holding the reduction did not apply because of other relevant conduct that suggested distribution.The defendant in Hodge was secretly videotaping his minor step-daughter while she was naked. When the step-daughter uncovered the camera and the police arrived with a search warrant, they uncovered child pornography on Mr. Hodge's computer. That child pornography, which was exclusively made up of images downloaded from the Internet, served as the basis for the two counts in Mr.…
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Prosecutor to testify over withheld informant deals
Pursuant to a Texas Court of Criminal Appeals order, on Monday in Dallas a former prosecutor will be called to testify regarding deals with jailhouse informants discovered during the habeas process which had never been disclosed to counsel at trial. See a brief announcement posted today by my employers at the Innocence Project of Texas (IPOT). Dallas County District Judge Mark StoltzDallas County District Judge Mark StoltzDallas District Judge Mark Stoltz ordered the two defendants, Dennis Allen and Stanley Mozee, released on bail last year after agreeing with the District Attorney that exculpatory evidence had been withheld and they deserved relief. But the CCA remanded the case, ordering the trial court to take testimony from the prosecutor in question, which is what will happen Monday.For more background, see past coverage from the Dallas Morning News and the national Innocence Project, which represents Mr. Mozee. IPOT represents Mr. Allen.
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Okra and Marijuana?
Did you see a helicopter flying over a Cartersville neighborhood in last Wednesday? Perhaps it was the one flying over the house where the retired guy who likes to garden lives. More specifically, perhaps it was the 'copter that called for a heavily armed police force to storm the man's garden only to discover that the marijuana that was seen from the helicopter was okra, not pot. I think I spotted a butterfly bush in the video. That looks suspiciously like pot, too. As much as okra does at least.
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New Oklahoma Child Restraint Laws to go into Effect Nov. 1
According to the Oklahoma Child Death Review Board, 69 children died in traffic-related deaths last year. Nearly half were not properly restrained with seat belts or car seats. Of the 6,000 children that were involved in collisions, 607 of them were seriously injured due to improper buckling. Amendments to Oklahoma Child Restraint Laws The new child restraint law will require all children under two years old to be buckled properly in a rear-facing car seat. Additionally, children under 8 years old or under 4’9” will be required to ride in a car seat or booster seat. How is the new Oklahoma car seat law different from the old law? Old child restraint laws only required some sort of booster or car seat for children 5 and under, without any specifics about rear-facing seats or types of restraints. The American Association of Pediatrics updated their restraint recommendations in 2011 and Oklahoma is finally catching up. Consequences of Breaking the New Child Restraint…
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How to avoid a Retail Fraud or Theft Conviction in Michigan
A conviction for retail fraud, i.e. theft, is just like any other criminal conviction: you will have a criminal record that may follow you for the rest of your life. When you apply for a job, the employer will see the conviction when it does a criminal background check. Having a theft conviction may make it harder for you to find a job. Also, if you apply for college or professional licenses, any criminal conviction may be discovered. Lastly, having a theft conviction may be considered a crime of “moral turpitude” which can have serious immigration consequences. It is no surprise that a potential employer, school, or immigration authority, would have concerns about an individual with a theft conviction. However, many individuals are not afforded the opportunity to provide an explanation regarding an accusation or theft conviction which may result from a simple misunderstanding or theft of low dollar value item(s). As a result, it is important to explore all evidence…
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North Carolina Bans Sale of Powdered Alcohol
I didn’t even know powdered alcohol was a thing. Turns out, it is not only a thing, but, in North Carolina and in many other states it is now an unlawful thing–even though it isn’t actually available on the market. What is powdered alcohol? Powered alcohol is freeze-dried alcohol sold in small bags made to ready mix with water to create alcoholic drinks. Think of a Kool-Aid pouch with the sweetener—and alcohol–already mixed in. Why have states banned it? The Washington Post reported last summer on the origins of a recent spate of state powdered alcohol bans. Legislative action was spurred by the federal government’s approval last March of labels for the “Palcohol” brand of powered alcohol. A spokesperson for the federal bureau that approved the labels told CBS News that the approval was based on the bureau’s determination that the labels accurately reflected the products’ contents, explaining that…
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Understanding Injuries
Here is another great submission for our scholarship essay contest: At the early age of five, I remember how my life changed in just seconds. It was a beautiful Sunday evening with my family. My relatives and I were playing …The post Understanding Injuries appeared first on Colorado Springs Accident Attorney | Quality Legal.
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Case Dismissed For Columbus Pet Groomer Charged With Animal Cruelty
A 40-year-old woman from Circleville recently contacted Luftman, Heck & Associates for legal consult. One day our client, a pet groomer, was charged with animal cruelty. Our client was required to restrain an unruly dog she was grooming. The dog owner later observed marks on the dog from it being restrained and became upset with [...]The post Case Dismissed For Columbus Pet Groomer Charged With Animal Cruelty appeared first on Columbus Criminal Attorney.
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Multi-Year Sentences in Straw Buyer Fraud Scheme
Peter Kuzmenko, 37, West Sacramento, California, was sentenced to 19 years in prison; Aaron New, 41, Sacramento, California, was sentenced to 11 years and three months in prison; Nadia Kuzmenko, 36, formerly of Loomis, California, was sentenced to eight years in prison; and Edward Shevtsov, 51, North Highlands, California, was sentenced to eight years in prison for their […]
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Saudi Prince Majed Abdulaziz Al-Saud Will Not Face Felony Criminal Charges in Alleged Sexual Assaults
Approximately a month ago, 28-year-old Majed Abdulaziz Al-Saud, a Saudi prince who lives at a Beverly Glen compound, was arrested for the alleged sexual assault of a woman who was reportedly seen fleeing from the grounds and bleeding. Al-Saud was arrested on September 23 on suspicion of forced oral copulation of an adult; he was freed on $300,000 bail. It was determined by a consul liaison with the Los Angeles Police Dept. that Al-Saud did not have diplomatic immunity, and therefore could be tried in the case. However, prosecutors announced recently that felony charges will not be filed in the alleged sexual assaults the Saudi prince has been accused of since the incident, as the evidence is insufficient and the stories of Al-Saud’s accusers cannot be substantiated. An attorney for the alleged victims said a civil suit will move forward despite the fact no felony charges were filed. The women are claiming assault and battery, emotional distress, sexual discrimination,…
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Bite Mark Testimony Comes under Fire Yet Again
By Andrew Z. Giacalone The practice of using bite marks to secure convictions in the court of law is coming under increasing scrutiny following a series of wrongful convictions based almost entirely on the unreliable and “controversial” practice, according to an article in Texas Monthly. “The truth is, there was never any conclusive data or rigorous studies to back up bite mark evidence, which has been under fire from scientists and defense lawyers ever since it was first allowed in court in 1974,” says the Austin-based publication, noting that forensic odontologists—or forensic dentists—“sometimes can’t even agree” on whether marks found on skin come from teeth or not. The Texas Monthly’s article on what is regarded as unreliable forensic science by the Innocence Project and the National Academy of Sciences, comes on the heels of the release of Steven Mark Chaney—a Dallas man who had his 1987 murder…
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Exhibition of a Firearm
There was an arrest of a North Forney student for exhibition of a firearm today. It’s not a law you see often so let’s talk about it here, and discuss the juvenile process as well. First, what is the law on guns in schools? To the Education Code we go- TEX ED. CODE ANN. § 37.125 (a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally exhibits, uses, or threatens to exhibit or use a firearm: (1) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or (2) on a school bus being used to transport children to or from school-sponsored activities of a private or public school. (b) An offense under this section is a third degree felony. The first thing to notice is that you don’t actually have to have a gun to get arrested. The law covers threats to use a gun at a school.…
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Joe Biden Ends Speculation: He is Not Running
Joe Biden announced he will not run for President. He made the right decision. I wonder what job Hillary will give him if she's elected. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Consent Searches
One of the most important rights that you have as an American is your right to be free from unreasonable searches and seizures. This right is guaranteed to you, under the Fourth Amendment of the U.S. Constitution. It prevents police officers from taking you aside whenever they want, and looking for evidence of a crime. The Fourth Amendment is also one of the pieces of the Constitution that is most argued over, in court. After all, what constitutes an “unreasonable search or seizure” can mean different things to different people at different times of day. Because incredibly intelligent lawyers and judges have been arguing about the Fourth Amendment for over two centuries, now, entire law school courses are devoted to what it says, and what it means. It's impossible to recap all of it in a single blog post. However, there is one aspect of the Fourth Amendment that everyone should know and be familiar with, should they ever find themselves being pulled over to the…
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Washington Appeals Court Holds Denny’s Not Liable for Criminal Attack on Patron
In a recent opinion concerning premises liability, the Washington Court of Appeals analyzed the issue of business liability for injuries caused by one customer assaulting another customer. In Crill v. WRBF, Inc., No. 31912-1-III (Wash. Ct. App. Sept. 3, 2015), the plaintiff sued a Denny’s restaurant after she was struck on the back of the head by an intoxicated diner at 2:00 a.m. in the restaurant. After discovery was completed, the defendant moved for summary judgment, which was granted by the trial court. The plaintiff appealed that decision. The Court of Appeals ultimately held that the restaurant had no duty to prevent the attack, since a lack of similar prior incidents rendered the assault unforeseeable. The elements of a negligence action are: (1) the existence of a duty owed by the defendant to the plaintiff; (2) a breach of that duty; (3) causation between the breach and the accident; and (4) quantifiable damages that were incurred. A defendant…
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Serota on Mens Rea, Criminal Responsibility, and the Death of Freddie Gray
Michael Serota has posted Mens Rea, Criminal Responsibility, and the Death of Freddie Gray (114 Michigan Law Review First Impressions 31 (2015)) on SSRN. Here is the abstract: Who (if anyone) is criminally responsible for the death of Freddie Gray,...
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Probation on Federal Texas Eastern District Trafficking in Counterfeit Goods
Mr. Lowe’s client hired him two years ago after a disappointing experience with another attorney. At that time, the Department of Homeland Security had raided his client’s home based on a search warrant supported by an evidentiary affidavit establishing probable cause. The raid yielded 63,088 counterfeit DVDs in the client’s possession, which were valued at $741,284.00. Mr. Lowe’s client was facing a charge for Trafficking in Counterfeit Goods in violation of 18 U.S.C. 2320(a)(1), 18 U.S.C. 2320(b)(1)(A). Mr. Lowe’s client faced up to 10 years in the Bureau of Prison (Federal Penitentiary), a fine up to $2,000,000 and restitution. The applicable guideline calculation was a 21 and a criminal history category of I. Therefore, the applicable guideline range for Mr. Lowe’s client was 37 to 46 months in the BOP. After a lengthy negotiation with the U.S. Attorney’s Office for the Northern…
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News Scan
NY Police Officer Killed in Shootout: A New York City police officer was shot and killed Tuesday night during a shootout with a suspect with numerous prior convictions for drug-related offenses and wanted for a September shooting. Fox News reports that 33-year-old Randolph Holder, a five-year veteran of the force, responded to a report of shots fired and an armed robbery in the city's East Harlem section, which led to a foot chase and an exchange of gunfire with the shooter, 30-year-old Tyrone Howard. Holder was shot in the forehead and died in the hospital, and Howard suffered a leg wound but was released from the hospital into police custody Wednesday. Three other men were also taken into custody and questioned. Holder is the fourth NYPD officer to be killed in the line of duty in 11 months. AR High Court Leaves Executions on Hold: The Arkansas Supreme Court, following a ruling that a lower-court judge overstepped his jurisdiction by…
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