Lynn Adelman and Jon Deitrich (U.S. District Court - Eastern District of WI and United States District Court, Milwaukee) have posted How Federal Judges Contribute to Mass Incarceration and What They Can Do About It on SSRN. Here is the...
Adelman & Deitrich on Federal Judges' Role in Mass Incarceration
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//blawgsearch75.rssing.com/chan-6519914/article15082-live.html
Jones v. Davis, No. 14-56373 (Graber with Rawlinson; Watford concurred) --- The Ninth Circuit reversed the grant of penalty-phase relief to a California death-row prisoner. The district court had granted relief based on the systemic delay in moving California's death-row prisoners to the execution chamber, based largely in part on the length of time it takes the California Supreme Court to process capital direct appeals and state habeas applications. The Ninth Circuit reversed on procedural grounds. The majority concluded that the rule that the prisoner was seeking was a new one that didn't apply retroactively under Teague v. Lane, 489 U.S. 288 (1989), because a claim of systemic delay wasn't dictated by the holdings in Furman v. Georgia, 408 U.S. 238 (1972) (per curiam), and Gregg v. Georgia, 428 U.S. 153 (1976). Moreover, this wasn't a substantive claim that was exempt from Teague's non-retroactivity rule, because it attacked…
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Fatality crash near Rupert.
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 11/13/15 4:30 p.m. Please direct questions to the District Office On Friday, November 13, 2015, at approximately 10:21 a.m., a two vehicle fatality crash occurred at the intersection of State Highway 25 and 100 East Road, near Rupert. A 2006 Kenworth tractor pulling an empty trailer, driven by Joseph Murray, 31, of Pendleton, OR, was southbound on 100 East Road and failed to yield for a stop sign at the intersection of State Highway 25 (Baseline Road). Robert Paulson, 75, of Rupert, was driving west on State Highway 25, in a 1975 Volkswagen Bug and collided with Murray's tractor. Paulson succumbed to his injuries at the scene and notification has been made to…
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Kermit Alexander Profile
Debra Saunders has this article in the SF Chronicle on Kermit Alexander.Former San Francisco 49ers star Kermit Alexander is death penalty opponents' worst nightmare. Foes of the death penalty argue that the criminal justice system is skewed against African Americans and that prosecutors are less likely to seek the death penalty when victims are black. Alexander is an African American who grew up in the projects of Los Angeles. So were the four members of his family slain in a 1984 contract killing gone wrong. He has watched the three black men convicted for the murders try to escape responsibility for their crimes. In prison Darren Williams -- the Rolling 60s Crips gang member in charge of the contract hit to kill a disabled woman who lived two doors down the street -- has his own website, Free Darren Williams, with a link, "Black Lives Matter.""Black lives matter," Alexander, 74, repeated as I spoke with him and his wife, Tami, recently, "What…
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FRANCE ATTACKED
TERRORISTS KILL DOZENS IN SIX SEPARATE AREAS IN PARIS. HOSTAGES TAKEN, SUICIDE BOMBINGS REPORTED. SCORES WOUNDED. HOLLANDE ORDERS BORDERS CLOSED. MILITARY MOBILIZED. Massacre at Bataclan hall, where hostages were reported. It is now confirmed over 100 dead inside. American band playing a concert is not among the dead. Site Feed
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Rowe & Ross on Comparative Police Recruiting
Mike Rowe and Jeffrey Ian Ross (Northumbria University and University of Baltimore - School of Law) have posted Comparing the Recruitment of Ethnic and Racial Minorities in Police Departments in England and Wales with the USA (Policing: A Journal of...
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Two Vehicle Crash Blocks Southbound Lane of US91 near Ballard Road
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 11/13/2015 at 5:57 pm Please direct questions to the District Office Idaho State Police is currently on scene of a property damage crash blocking southbound US91 at milepost 84, near Ballard Rd. Motorists are encouraged to use caution when driving through the area. More information will be released as it becomes available. AC/EH -------------
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Maclin on Analysis of Shed DNA
Tracey Maclin (Boston University - School of Law) has posted Government Analysis of Shed DNA is a Search Under the Fourth Amendment (Texas Tech Law Review, 2015 Criminal Law Symposium: The 4th Amendment in the 21st Century, Vol. 48, Forthcoming)...
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Two Vehicle Crash Blocks Southbound Lane of US91 near Ballard Road
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 11/13/2015 at 7:18 pm Please direct questions to the District Office ***Final Update*** On Friday, November 13, 2015, at 5:17 p.m., the Idaho State Police investigated a two-vehicle property damage crash on U.S. 91 and Ballard near Fort Hall. Bryan Plentywounds, 33, of Fort Hall, driving a 2002 Oldsmobile Alero, was attempting to turn east onto Ballard Road. Timothy McCammon, 31, of Blackfoot, attempted to pass Plentywounds on the left in a 1999 Chevrolet Silverado pickup. McCammon struck Plentywound's vehicle, went off the right shoulder, through a fence, and rolled. All parties were wearing seatbelts, and no injuries were reported. The southbound lanes of U.S. 91…
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Ahern et al. on Child Forensic Interviews
Elizabeth C. Ahern , Samantha J. Andrews , Stacia N. Stolzenberg and Thomas D. Lyon (University of Cambridge , University of Cambridge , Arizona State University (ASU) - School of Criminology & Criminal Justice and University of Southern California -...
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"Federal appeals court rejects California death penalty challenge"
From Jurist: The US Court of Appeals for the Ninth Circuit [official website] on Thursday reversed[opinion, PDF] a lower court decision that had held that California's death penalty system wasunconstitutional [JURIST report]. The appeals court held that the excessive delay...
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Multiple Terror Attacks in Paris
The face of pure evil showed itself again in Paris today. Stacy Meichtry, Inti Landauro and Thomas Varela report for the WSJ:PARIS--Terror swept the French capital late Friday as a series of attacks--in a bustling nightlife district and outside a soccer stadium--left more than 100 people dead in one of the bloodiest assaults in the country's history.The sheer scale of the mayhem--six separate attacks--left authorities reeling. The government declared a state of emergency, sending military forces onto the streets of Paris, sealing off roads and reinstating border controls. Sirens blared across the city as police and emergency workers rushed to respond.
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"DraftKings Leaves Door Unlocked for Barred Fantasy Sports Players"
From The New York Times: But for DraftKings, the ruling and any courtroom battle may be easily circumvented. The New York Times, working with users in all six states where daily fantasy sports is already considered illegal, was able to...
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Teen charged in convicted sex offender's murder attempts to get bond reduced
11-13-15 Louisiana: BATON ROUGE, LA (WAFB) - A teenage murder suspect is expected to be in court Friday for a motions hearing. The attorney for Brittany Monk, 17, of Denham Springs, is trying to get her bond reduced. She is currently housed in the East Baton Rouge Parish Prison on a $400,000 bond. Monk is one of two suspects charged with second-degree murder in the death of Robert Noce Jr.,
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DNA evidence results in SJC granting new trial after Rape Conviction
New evidence from a DNA test may get a man a second chance at freedom, after already spending around ten years in prison for a rape charge. RonJon Cameron was found guilty of rape in April 2003 and was sentenced to 12-16 years in a state prison. In 2009, Cameron filed a motion for a new trial but it was denied. In January of 2013 he again filed a motion, this time to amend and reconsider his motion for a new trial based on DNA testing, which showed that it could not be determined if Cameron had raped the victim. DNA testing had revealed that the victim had had two different male’s DNA in her underwear, and it was determined that the first source of DNA was not that of the defendant’s and the second source could not include or exclude him as a suspect. Based on this, the defendant believed that he was entitled to a second trial, along with the fact that his counsel was ineffective at his first trial. In order to get his second trial on the basis of new…
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Temporary Use or Permanently Deprive: Understanding Larceny in a New York Stolen Property and Theft Case
Whether you are charged with a misdemeanor Petit Larceny, New York Penal Law 155.25, or a more serious felony including Grand Larceny in the Fourth, Third or even greater degree, New York Penal Law 155.30 and 155.35 respectively, there are certain common elements that prosecutors must establish beyond a reasonable doubt. While a conviction for PL 155.25 may “only” carry a sentence of up to one year in jail where as a conviction for PL 155.30 or PL 155.35 may be punishable by as great as four or seven years respectively, each arrest stemming from an Article 155 allegation requires the same degree of attention. The hurdle of legal sufficiency must always be overcome by prosecutors and challenged by your criminal defense attorney. This blog entry will address one of those elements or mandatory traits of a viable PL 155.25, PL 155.30, PL 155.35, PL 155.40 or PL 155.42 arrest. That is, it is it enough for a District Attorney to establish your intent to temporarily use…
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Safe Space In Paris
According to the New York Times headline, the death toll in Paris from last night’s coordinated terrorist attacks stands at 127, with another 200 wounded. There are things to be said about this attack, not the least of which is that for all that’s been done, to appease religious groups, to sacrifice rights for safety, to put effort and fortunes into ineffective methods for the purpose of preventing them from ever occurring again, it still happened. There will be advocates using this to further an agenda. And it will reduce the horror of mass murder to an abstraction, a tool to be used to manipulate the unwary and hard of thinking. For now, the only thing to be said is to offer condolences to those whose family, loved ones and friends were murdered. Their deaths are real, and they cannot be undone. As reports of the murders in Paris spread, so too did reactions from college campuses, angry that dead bodies stole the spotlight from their complaints. A…
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When Is an Ignition Interlock Device Required?
When Is an Ignition Interlock Device Required? If you have been arrested for DUI, you may find yourself up against penalties ranging from thousands of dollars in fines to months on probation. But what about restrictions on your license? In some cases, you may have to give up your driving privileges or have an ignition interlock device (IID) installed in your vehicle instead. What exactly is an ignition interlock device? Similar to a breathalyzer, the driver must blow into the ignition interlock device so that it can take an estimated reading of their blood alcohol concentration. If they are above a certain limit—typically lower than the standard amount of .08—the vehicle won’t start. Periodic breath samples will also be required throughout the driver’s trip to ensure they didn’t fake the test results. Violations or tampering can result in additional fines, restrictions, and penalties. Will I Have to Have an IID Installed in My Car? You can have…
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Saratoga PD’s Office, A Search Warrant Too Far
James Murphy III was so fresh from being the Saratoga County District Attorney that he barely had time for his new robe to wrinkle before signing off on a search warrant for the Saratoga County Public Defender’s Office. The unprecedented search warrant, signed Sept. 27 by County Judge James A. Murphy III, permitted police to search offices at 40 McMaster St., including the office of assistant Public Defender Matthew Maiello and the client file for Arthur A. Gannon of Corinth, according to a copy of the warrant obtained by the Times Union. What could possibly necessitate this “unprecedented search warrant” remains unclear, though it appears to have started with an overheard jail telephone call. Gannon, 47, was arrested in July on felony sex crime charges. The search warrant sought to find evidence of child pornography in the case against him, including “any and all material that Matthew Maiello obtained” from a black…
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Beety on Wrongful Convictions and Eyewitness Identification
Valena Elizabeth Beety (West Virginia University - College of Law) has posted Wrongful Convictions and the National Academy of Sciences: From Forensics to Eyewitness Identification (Tennessee Law Review, Forthcoming) on SSRN. Here is the abstract: In creating a test to...
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