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Two Lima Men Facing Felony Drug Charges Following Large Heroin Bust in Allen County

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On October 26, two Lima, OH residents were taken into custody for their involvement in what police said was one of the largest heroin busts in Allen County’s history. 39-year-old Anthony Duvernay and 45-year-old Marvin Thomas are now facing multiple drug charges. An ongoing investigation conducted by a multi-agency law enforcement task force revealed Duvernay and Thomas were in possession of two kilos of heroin, which authorities believe was being brought in by the two men from out of state to distribute in Ohio. The 4.4 lbs. of heroin has an estimated street value of about $330,000, according to Allen County Sheriff Sam Crish. The suspects were indicted by a grand jury on Friday on charges of possession of heroin, trafficking in heroin, illegal manufacture of drugs, and engaging in a pattern of corrupt activity. Investigations are ongoing, and authorities believe there will be addition arrests in the future connected to the case. The drugs were discovered in several…

The Nassau County Legal Aid Society Fiasco

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It’s been a while since Ken Womble left his first job as a public defender for the Nassau County Legal Aid Society to go to Brooklyn, but the lingering anger and pain stayed with him. Until he let it out in this extraordinary Fault Lines exposé. Upon arrival, the public defender is handed a list with the names of criminal defendants who must be arraigned that day along with some of the Penal Law charges each one is alleged to have violated. This is the totality of information the public defender receives before heading down to the basement cells to meet and interview his new clients. The utterly ineffectual management at the Nassau County Legal Aid Society has not taken this lying down (more lounging with a slight, but still quite comfortable, incline). They have created a tool to assist their attorneys with the impossible task of interviewing upwards of 50 clients without any valuable information. A card. The story only gets worse, with public defenders…

Schools Have Rules: Caught On Video Edition

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The video of a girl at Spring Valley High School in South Carolina, first spread in a twit by Shaun King, being violently taken down by Richland County sheriff’s deputy Ben Fields, went viral.  Talk about a school resource, officer. After all, she was disruptive.  Carlos Miller at Photography is Not a Crime provides thorough coverage of what happened and why, together with Fields’ lengthy history of “issues” with violence toward students. According to Tony Robinson Jr., the teen who recorded one of the videos, the girl who was beaten and dragged was caught by the teacher using her phone in class and was ordered out. The girl did not want to leave, pleading with the teacher to stay, promising she would not pull out her cell phone, which was when an administrator was called, then the deputy, who entered the room and immediately began clearing desks as if preparing to drag her out, according to  WLTX 19, who interviewed Robinson. A…

Fourth Circuit to Weigh in on Use of Statistical Sampling in False Claims Act Cases

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Last month, the Fourth Circuit Court of Appeals agreed to hear an interlocutory appeal on the issue of whether to allow statistical sampling to prove liability and damages in a False Claims Act (FCA) case. By taking this unusual step, the Fourth Circuit will have the opportunity to weigh in on what has become an increasingly hot and divisive issue among district courts. The court’s ruling could be a game changer in FCA litigation – especially in health care matters, where statistical sampling looks especially attractive to the government due to the large numbers of claims often at issue. Courts have recently permitted statistical sampling to prove liability in several FCA cases. For example, in September 2014, a district judge in Tennessee ruled in a Medicare fraud case that government attorneys could extrapolate from a small sample of billing statements to hold defendants liable for false claims. U.S. v. Life Care Centers, Consol. Case Nos. 1:08-cv-00251 &…

Understanding the US Constitution’s Preamble

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“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The Preamble has […]

AND THEN A HERO COMES ALONG , PART II

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THIS IS THE CITY, Miami, Florida. Home to over a million residents. Citizens enjoy access to a  variety of golf courses, pristine beaches, fishing and diving and water-skiing. You can get authentic Cuban cuisine on Calle Ocho, or hobnob with models and superstar chefs on South Beach. Sometimes people act up at the criminal courthouse. When they do, I go into action. I write a blog. The story you are about to read is true. The names have not been changed. It was Wednesday, October 26, 2015. It was cloudy in Miami. There had been days of scattered showers. We were contemplating a third glass of wine over a late seafood lunch, when suddenly, our twitter feed erupted. A prosecutor had been pick pocketed. There had been a chase. Then an arrest. David Ovalle at the Miami Herald had the story here. ASA Chiaka Ihekwaba and defense attorney Jose Herrera were on the escalator leaving the courthouse when someone bumped into Ihekwaba. She felt…

D.C. Panel of Court-Appointed Lawyers for Juveniles

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The 2015 list of lawyers eligible to accept court appointments in juvenile cases is now out. Chief Judge Lee F. Satterfield issued the order approving the list on October 23. The list will be good for the next... Read More

City of Austin sued for illegally jailing poor debtors

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Modern-day debtors’ prisons, where municipal and JP courts routinely jail people too poor to pay fines and fees from traffic tickets and other petty offenses, have been a hot topic since the discriminatory policing practices of Fergeson, Missouri and other St. Louis suburbs were exposed last year. Yesterday the Texas Fair Defense Project, the UT Civil Rights Clinic, and the law firm Susman Godfrey filed a federal lawsuit to stop the City of Austin from unconstitutionally jailing people for municipal court debt. This is the first class action lawsuit of its kind to be filed in Texas, and along with a recent investigative piece by BuzzFeed on similar issues in the El Paso Municipal Courts, has brought the conversation about how justice is meted out for the most petty of criminal offenses to Texas.Regardless of what happens in the court case, the practice of jailing people unable to pay their fines and fees is just plain bad criminal justice policy.  It's…

Prez Obama talking up (yet again) sentencing reform

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As reported in this New York Times piece, "President Obama made his case on Tuesday for an overhaul of the nation’s sentencing laws, telling a gathering of top law enforcement officials here that putting large numbers of nonviolent drug offenders in prison was neither fair nor an effective way of...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/rHUuWzUrZzA" height="1" width="1" alt=""/>

Facial recognition technology will get you busted if you try to get a fraudulent license

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Thanks to advanced facial recognition technology, you cannot get away with dummying up ID and getting a license in another state. This is not only a felony, but will put a lengthy hold you ever restoring legitimate driving privileges. In a recent case, both the New York DMV and New Jersey MVC joined forces and shared facial recognition technology. This led to the arrests of Magdy H. Elsheimy a/k/a Magdy Moustafa, Sidibe D. Sekou a/k/a Sekoudit G. Sidibe, and Jhon M. Gomez.  The drivers were charged with the felonies of filing false instruments and falsifying business records. This marks the first time two states have used facial recognition technology to combat license fraud across state lines. If your NY State license or privileges are suspended the better practice is to clear the underlying suspensions. There are over 110 reasons a driver’s license or driving privileges can be suspended, many of them having nothing at all to do with something…

Debt, Detroit, Democracy

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Melissa B. Jacoby, Federalism Form and Function in the Detroit Bankruptcy, 33 Yale J. on Reg. (forthcoming 2016). Anna Gelpern I feel only a bit sheepish for snatching Melissa Jacoby‘s Federalism Form and Function in the Detroit Bankruptcy (Yale J. on Reg. forthcoming) from all the other sections that could claim it, notably Constitutional Law and Courts Law. Although it is the richest law review article I have read in a while—sweeter for being the first in a cycle—I worry that it might fall through the interdisciplinary cracks. Debt rarely takes center stage in constitutional theater these days, ditto bankruptcy procedure in procedure. Even by bankruptcy standards, the project might seem exotic—a deep dive into audio recordings and other primary sources from Chapter 9 (municipal) bankruptcy hearings. Whatever your discipline, you would be mad to miss it. The subject is the biggest-ever public debt restructuring under a statutory…

The Fourth Amendment, the Child Protection System and the Home Computer

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This post examines an issue that arose in the prosecution of Dr. Bret Dunning, of Dana, Kentucky.  As this news story explains, in July of 2013 Dunning wasarraigned in Floyd County Circuit Court on six counts of possession of matter portraying a sex performance by a minor. A grand jury recently indicted Dunning on the multiple counts.Kentucky State Police arrested Dr. Dunning on April 30 and charged him with one count of possession of matter portraying a sex performance by a minor.In the October 15, 2015 opinion this post examines, the U.S. District Court Judge who has the case is ruling on Dunning’s motion “to suppress evidence seized from his home on April 30, 2013.”  U.S. v. Dunning, 2015 WL 5999818 (U.S. District Court for the Eastern District of Kentucky 2015).  The judge is not addressing the issue for the first time:  After Dunning filed his motion to suppress, he also requested that the judge hold an “evidentiary…

Advocare: What You Should Know

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Written by: Advocare Facts AdvoCare is a multi-level-marketing company (MLM), founded in 1993 by Charles Ragus. Charlie once worked as a regional vice president for Fidelity Union Insurance while being a distributor for Herbalife. In 1989 Charlie co-founded Omnitrition International. Similar to AdvoCare, Omnitrition sold nutritional supplements, vitamins and skin care products. Charlie sold out after only a few years when Omnitrition became embroiled in controversy for being a pyramid scheme. The resulting lawsuit, Webster v. Omnitrition International Inc has become a landmark case in the MLM industry. AdvoCare claims to provide physical and financial wellness through the sale of sports performance, nutritional, weight control, and skincare products (AdvoCare). Similar to other MLM companies, such as Mary Kay, Vemma, and Herbalife, they recruit distributors to sell their products via word of mouth and face-to-face sales, all the while promoting the idea that wealth and success…

What Happens if a Witness Lies in Court?

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Witness testimony can have a dramatic impact on whether a defendant is ultimately convicted or acquitted (found not guilty).  Unfortunately, despite the high stakes involved, the fact is that witnesses aren’t infallible.  If a witness starts lying during a trial, is the prosecutor obligated to intervene?  What does it mean to impeach a witness?  And when does perjury occur?  In this article, Salt Lake City criminal defense attorney Darwin Overson will explain some of the potential consequences when a witness gives false testimony in a Utah criminal trial. What is Witness Impeachment? Fortunately, defendants are not at the mercy of untruthful witnesses.  A witness may be impeached, which means the truthfulness of his or her testimony can be challenged. Rule 607 of the Federal Rules of Evidence allows any party, including both the defense and the prosecution, to impeach a witness.  This might be a witness who has been called by the other…

Apple’s EULA Gives The Government A Backdoor

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The only thing stopping the government from getting inside a meth defendant’s iPhone 5s running iOS7 was that it was locked, and the government not only wanted it unlocked, but wanted Apple to give it up. That was the situation brought to Magistrate Judge James Orenstein. Apple, on its part, said “no.” Yay, Apple? Not quite, since it had a history of being compliant with the government. Saritha Komatireddy, a Brooklyn federal prosecutor, pointed out that Apple’s decision to fight this search warrant is a “stunning reversal” from the company’s cooperation with law enforcement in the past. Since 2008, Apple has received at least 70 court orders of a similar nature and complied with all of them, a sign that these are routine requests that Apple processes, she said. Among the arguments proffered by Apple against its cooperation was that it would hurt its reputation with consumers, who (if it didn’t fight this effort) would…

Can Convicted Criminals Pass Out Candy on Halloween?

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The Halloween holiday has an association with criminal activity in many ways. Whether it’s rumors of poisoned candy or teenage vandalism, this day often evokes thoughts of illegal activity. Sometimes these are just the result of urban legends but Halloween may have actual legal ramifications for some people. For example, some people may wonder if convicted criminals are allowed to take part in festivities involving children. Specifically, parents may worry that sex offenders are handing out candy to their children. On the other hand, convicted offenders who feel that they are reformed may believe that they have a right to take part in the holiday. Knowing more about the law can help everyone have a safe and legal good time on Halloween. Sex Offenders and Halloween Laws In recent years, several states including Texas have passed restrictions known as “Halloween laws“. These restrictions are designed to prevent convicted sex offenders from engaging in any…

Reconciling Multiple Statutory Amendments Made in the Same Session

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How is a statute supposed to read when the General Assembly amends it in May and then amends it again in July without acknowledging the prior amendment? Let me clarify with an example. In May 2015, S.L. 2015-44 was ratified; it was signed by the Governor in June. That Session Law amended G.S. 14-27.7(b), sexual activity with a student, elevating from a misdemeanor to a felony the version of this offense that occurs when the defendant qualifies as school personnel other than a teacher, etc. and is less than four years older than the victim as follows: Then in July 2015, S.L. 2015-181 was ratified; it was signed by the Governor in August. This session law re-codified G.S. 14-27.7(b) as G.S. 14-27.32 and broke it into subsections. But the recodified statute, as set out in this Session Law didn’t incorporate the prior punishment increase. S.L. 2015-181 set out the recodified statute as follows:   So the question is: What is the punishment for sexual activity with a…

Mike George Fighting Ghosts And Phantoms

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A constant lament is that the judiciary has a decided lack of criminal defense lawyers, which tends to limit the breadth of experience of judges to prosecutors and Biglaw types.  This isn’t to say that former criminal defense lawyers necessarily make good judges; they’re no better or worse than anyone else, and many inexplicably overcompensate for their past by being particularly harsh. Yet, the question of why criminal defense lawyers can’t seem to get on the bench is easy. They have histories that are easily used against them. We represent people accused of crime. We represent people who are guilty of committing crimes. Oftentimes, really nasty crimes.  That’s the job, and it’s our duty to do so zealously. Mike George is running for the Pennsylvania Supreme Court.  So naturally, Philly.com has outed him for having used a “gay panic” defense. “HIKER MURDER SUSPECT ARRESTED;’MOUNTAIN MAN’ IS FOUND ON…

Don’t Ruin Your Halloween with a Connecticut Criminal Mischief or DUI / DWI Arrest in Stamford, Greenwich or Darien!

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Halloween in Connecticut suburban towns are always fun, but it usually comes with an increased police presence in towns like Stamford, Greenwich, New Canaan and Darien Connecticut.   Obviously police want to keep the roads and trick-or-treaters safe but, inevitably, top Stamford and Greenwich Connecticut criminal lawyers see plenty of arrests for vandalism, criminal mischief and DUI / DWI in Stamford, Greenwich and Darien Connecticut on Halloween night. Don’t get spooked by a few rotten apples… Vandalism & Criminal Mischief Arrests in Stamford, Greenwich and Darien Connecticut The best Stamford, Greenwich and New Canaan Connecticut criminal law firms who appear in the Stamford and Norwalk Superior Criminal Courts frequently see both felony and misdemeanor criminal mischief arrests around Halloween time, more commonly known as vandalism. Usually they see teenagers arrested in Connecticut for misdemeanor criminal mischief and criminal trespass,…

Democrats Beware Too, if Republicans Wake Up

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In my last post, I warned Republicans to think twice before they use their power in Congress to go soft on crime by, among other things, giving lighter sentences and early release to thousands of heroin and meth traffickers.  As Americans rightly become more concerned about the surging crime they see around them, there will be a price to be paid if Congress gives a naive response. The bill will come due at the polls in a little less than 13 months.The corollary is that the crime wave presents a hazard to Democrats too, and an opportunity for Republicans if they wake up in time and show the public that they will preserve the Reagan-era sobriety and steadfastness that has helped reduce crime so much.As Ed Rogers points out in the Washington Post:FBI Director James Comey has made two recent speeches where he warns us there is an emerging trend of police officers standing down or demonstrating reluctance to engage criminals because they are worried about sparking a…
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