Urging AG Lynch to ensure DOJ policies on § 851 enhancements are followed consistently
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Former Tampa Detectives arrested for Tax Fraud
Two former Tampa’s finest were arrested and charged with federal tax fraud last Wednesday and the husband and wife team are looking at serious time. Shortly after claims that thousands of dollars in fraudulent tax refund money was used for bills, 54-year-old Eric Houston and 49-year-old LaJoyce Houston surrendered to United States Marshals. The former Tampa police detectives were released on their own recognizance (ROR) and ordered to surrender their passports and sat in the state. At press time they had hired federal criminal defense lawyers who had pled them not guilty. The government claims in their indictment of the couple that there is overwhelming evidence of tax refund fraud. They further state that this fraud is being committed by a small group of former and current Tampa Bay policemen and employees. The indictment goes into details of police identities stolen by thieves including the identity of a policeman killed in the line of duty! Federal…
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Child Pornography, the Recycle Bin and Unallocated Space
This post examines a recent opinion from the Court of Appeals of Virginia, Richmond: Kobman v. Commonwealth, 65 Va. App. 304 (2015). The court begins its opinion by explaining thatRobert Jeffrey Kobman, appellant, appeals fifty-four convictions of possessing child pornography, in violation of Code § 18.2–374.1:1. Appellant argues the convictions should be reversed because 1) there was insufficient evidence to show he violated Code § 18.2–374.1:1; 2), the evidence did not conform with the statute in that digital images were not found on his computers, but rather on damaged files and data; and 3) the statute is constitutionally invalid for vagueness. Kobman v. Commonwealth, supra.As courts usually do, the Court of Appeals begins the opinion by explaining how, and why, the prosecution arose:Upon speaking with [Kobman’s] wife, Investigator Brian Seale obtained a search warrant for [his] residence to look for evidence of child…
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5 Steps to Take After a Domestic Violence Charge
5 Steps to Take After a Domestic Violence Charge Insight from a Denver Domestic Violence Defense Lawyer Domestic violence is a very sensitive charge. Since domestic violence offenses are reserved for unlawful physical threats or contact with a family member, roommate, partner, or spouse, incidents often involve high emotion and torn relationships. False accusations can easily fly in the heat of the moment. If you find yourself facing domestic violence accusations, you have no time to waste in working on your defense. Read the rest of the blog now to get five key steps you should take after you’ve been charged. Don’t Talk With Police Without Representation. It may be tempting to try to argue your side of the case right away or explain what happened to police, but it is crucial that you remember anything you say can be used against you. Police may hear only a few key phrases or statements from your story—like “she started it” or “he said this…
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Accused of Rape? Take Steps to Protect Yourself
In the criminal justice system, few things are as serious as charges of sexual assault or rape. In a matter of moments, just one accusation has the power to completely alter the life of the accused. The court will take all accusations of rape very seriously and thorough investigations may be ordered. When someone finds themselves accused of rape or sexual assault, it’s important to act fast. The sooner that counter arguments to the claims of the prosecution can be made by the defense, the better. With proper planning and the right evidence, a successful legal defense against the charges might be made. Rape Charge Defenses In many cases, just a charge or accusation of rape is enough to completely damage the reputation of the accused. That is why it’s important to mount a strong legal defense as soon as charges are filed or accusations are made. With proper planning and preparation, it may be possible to defuse the situation and fight back against unjust charges. Here…
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Happy Veterans Day
Happy Veterans Day from all of us at DaytonDUI and Brown, Rowland, Babb & Campbell. We honor your service and sacrifice to our country.
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Trained To Kill: Why Car Chases End In Death
There seemed to be an inexplicable likelihood that a car chase would end in the police killing someone, and I ponder why that would be. The Supreme Court, being as kind as it could to me, provided an answer in its per curiam opinion in Mollenix v. Luna. In Brosseau, which also involved the shooting of a suspect fleeing by car, the Ninth Circuit denied qualified immunity on the ground that the officer had violated the clearly established rule, set forth in Tennessee v. Garner, 471 U. S. 1 (1985), that “deadly force is only permissible where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others.” . . . The correct inquiry, the Court explained, was whether it was clearly established that the Fourth Amendment prohibited the officer’s conduct in the “‘situation [she] confronted’: whether to shoot a disturbed felon, set on avoiding capture through vehicular…
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The World War II Roots of the Modern American Administrative State
Mariano-Florentino Cuellar, Administrative War, 82 Geo. Wash. L. Rev. 1343–1445 (2014), available at SSRN. Joanna Grisinger The study of administration is thriving – so much so that even people outside the field are taking note. A recent review essay in the Boston Review (and a cautionary response by Karen Tani) demonstrate the breadth of this scholarship, which includes studies that push the origins of the administrative state back to the early republic and studies that examine (in a term coined by Sophia Lee) administrative constitutionalism throughout the federal government. The New Deal continues to loom large, however, in research into the expansion and entrenchment of the modern administrative state; according to Mariano-Florentino Cuellar, this account is incorrect. As he argues, “during the 1930s the federal administrative state remained a pale shadow of its future self.” (P. 1354.) Instead, much as James T. Sparrow argues that World War…
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Four Arrested for Drug Trafficking by MDEA in Maine
Recently, four individuals were arrested for trafficking crack cocaine and heroin in Biddeford, Maine. The arrests came after the MDEA (Maine Drug Enforcement Agency) conducted an investigation into the illegal distribution of these schedule drugs over several months, and found the suspects were conducting business from a Hazel Street apartment. Two of the individuals trafficking drugs from the apartment are from New York, 20-year-old Raymond Naveo and 20-year-old Celina Rodriguez. The other two suspects live reside in Biddeford, and include 33-year-old Corey Harmon and 33-year-old Niaomi Butts. According to a news article at WCSH 6, undercover agents bought crack cocaine from Harmon and Naveo on various occasions during the investigation. It was also determined that Naveo and Butts traveled to New York to purchase additional drugs for distributing in Biddeford. Naveo, Butts, and Rodriguez were arrested when state police stopped the vehicle driven by Butts, who was arrested…
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Derogar el Sistema Privado de Pensiones es una necesidad
Hércules Marthans ha declarado a Gestión (11-11-2015) sobre las AFP, en ella y ante una pregunta del entrevistador responde: ¿Entonces, en dónde reside el problema? La primera delimitación está asociada a que la muestra empleada para el cálculo de la esperanza de vida en Perú es una muestra básicamente circunscrita a los afiliados. La esperanza de vida de estos es mayor a la del promedio (nacional) y mayor a la del poblador que está viviendo dentro de una edad de trabajo, no está afiliado y desea incorporarse al SPP. El superintendente de las AFP y el presidente de la Asociación de AFPs (le han cerrado definitivamente su local, ver La República 11-11-2015), declararon en el mismo sentido. Como quiera que, me he reído de semejante disparate antes de la opinión de Marthans, he reflexionado y me pregunto: ¿Porqué los afiliados a las AFP…
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"What Mass Incarceration Looks Like for Juveniles"
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How many vets, after serving to secure liberty, are now serving LWOP sentences?
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Two Long Island 14-Year-Olds Charged With Felonies for Producing and Sharing a Video Showing One Them Having Sex With a Girl
11-11-15 New York: Twenty other students were suspended for receiving the video on their cellphones. In today's column about the recent "sexting scandal" in Cañon City, Colorado, I note that 17 states have changed their child pornography laws so that teenagers who swap nude photos of themselves with each other are not automatically treated as felons. One of those states is New York, which makes
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LAW OFFICES OF SAMUEL GOLDBERG GETS ASSAULT AND BATTERY CASE DISMISSED USING DISCOVERY TOOLS TO FIND EXCULPATORY EVIDENCE – PART 2
In my last blog, I laid out the facts for a case, which was recently dismissed because we were able to uncover exculpatory evidence from the Department of Children and Families. Our client was charged with Assault and Battery on a minor (his 7 year old step-son). The child made the initial disclosure of the abuse 2 years after the abuse was alleged to have occurred at a time when the Department of Children and Families were already involved. We motioned the court, pursuant to Massachusetts Criminal Procedure Rule 17; to issue a summons to DCF for their records regarding the child at the time abuse was alleged to have occurred. Pursuant to Rule 17(a)(2) of the Massachusetts Rules of Criminal Procedure and the protocol established by Commonwealth v. Lampron, 441 Mass. 265 (2004) and Commonwealth v. Dwyer, 448 Mass. 122 (2006), the defendant must assert: 1) that the records sought are relevant and have evidentiary value; 2) the records are not otherwise procurable reasonably in…
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State Ends Ballistic Fingerprinting For New Guns
Regular readers of the Blog are aware that Maryland has enacted some of the toughest gun laws in the country. We have published numerous articles on this topic, including the red tape inhibiting law-abiding citizens from owning guns and obtaining concealed carry permits. Truth be told, it’s near impossible for an average Joe with no criminal record and a 9 to 5 job to be able to carry a handgun in our state. And while purchasing a gun is hardly an insurmountable task, it’s not walk in the park either. As far as criminal defendants are concerned, there are numerous statutes that include mandatory minimum jail sentences for gun crimes. Convicted felons or those previously convicted of a violent crime such as assault that are found in possession of a handgun face a daunting 5-year mandatory minimum prison sentence. In fact even those without a criminal record face the possibility of a 30-day minimum sentence for wearing, carrying or transporting a handgun. In addition…
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City of Chicago Rolls Out Debt Relief Program for Penalties on Old Tickets
The City of Chicago is rolling out an amnesty program for old parking tickets, red light tickets, back taxes and building code violations. Penalty and collection costs will be waived for eligible tickets. The program begins November 15, 2015 and runs through the end of the year. The program applies to tickets issued prior to January 1, 2012, which are not currently enrolled in a payment plan or part of pending legal activity with the City of Chicago. To search for outstanding tickets, you may visit www.cityofchicago.org/finance and click “Search for Tickets” or call the City at (312) 744-7275. All eligible tickets must be paid in full by December 31, 2015 to receive the reduction. Any eligible tickets not paid by the deadline will revert to the original amount due. Chicago amnesty on penalties for old tickets, other debt to start Sunday, www.chicagotribune.com, November 10, 2015 The post City of Chicago Rolls Out Debt Relief Program for Penalties on Old Tickets…
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How to Use Experts Effectively for Great Plaintiff’s Verdicts
I see lawyers making huge mistakes with their expert witnesses all the time. Some lawyers think that experts are a cure-all that will automatically help to make a case. How wrong this is. Check out this expert witness guide to …The post How to Use Experts Effectively for Great Plaintiff’s Verdicts appeared first on Colorado Springs Accident Attorney | Quality Legal.
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Convicted sex offender from Pennsylvania offered "scholarship" to Martin County rehab facility
Sober Homes Scams??? See I-Team exposes 'Dr. D' as state investigates sober house 11-11-15 Florida: After a convicted sex offender from Pennsylvania made his way down to Jensen Beach to attend a rehab facility the Martin County sheriff is looking into potential charges for obstruction of justice. Sheriff William Snyder says while trying to identify convicted sex offender, John Michael
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Texas Home-Health Agency Owners, Director of Nursing And Marketers Indicted For Illegal Patient Marketing, Providing Unnecessary Services and $13 Million in Alleged Medicare Fraud
The health care fraud cases against home health and hospice owners continue to get filed in federal court. The most recent case is one in which the owners, the director of nursing and patient recruiters of a home-health agency based in Houston were arrested November 10, 2015 for their alleged roles in conspiracies to defraud Medicare, to pay illegal healthcare kickbacks and to commit money laundering in an Indictment filed in the Southern District of Texas. According to the Indictment, Ebong Tilong and Marie Neba used the Texas-based, home-health agency that they owned to bill Medicare for home-health services that were not provided or not medically necessary. The Indictment then alleges they orchestrated this scheme by paying kickbacks to a series of individuals as follows: First, Tilong and Neba allegedly paid illegal kickbacks to physicians in exchange for authorizing medically unnecessary home-health services. Second, using the money that Medicare paid…
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Veterans Day 2015
To all who served in defense of our freedom, thank you. I have noted this on the blog before, but it bears repeating. Statesmen may proclaim freedom until the cows come home, but the declarations are only scraps of paper unless and until the forces of freedom win the war.The people who volunteer to fight that fight sacrifice much. At a minimum, they give up much of their own freedom for the duration of their service and accept a life of discipline and obedience. Too often, they sacrifice much more, lives and limbs. We must not forget that or fail to respect it.
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