New York Times editorial makes case that California prison releases are working
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Case o' The Week: Win on Loss -- Galan and Disaggregating Restitution Loss for Child Porn Restitution
[“T”]his area, in which Congress has adopted a scheme that at least approaches the limits of fair adjudication despite attempts by the courts to avoid caprice, cries out for congressional solution.” United States v. Galan, 2015 WL 6736535, *3 (9thCir. Nov. 4, 2015) (three footnotes omitted), decision available here.Players:Decision by Judge Fernandez, joined by Judges Tashima and Bea. Admirable win for D. Or. AFPD Bryan Lessley. Facts: Eleven years before before Galan possessed and distributed child porn, someone else abused “Cindy” and created those images. Id. The government sought restitution from Galan under 18 USC § 2259(a), (b)(3). Id.Galan contested the government’s calculations, because there was no attempt to disaggrate the losses arising from the original abuse from the losses arising from Galan’s crimes. Id. The district court agreed with the government’s restitution calcs; this appeal followed.…
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Massachusetts Campus Police Records: Hidden From Public View
Police Department records are public documents. Though not everyone knows that, many people do. That’s a good thing, because, for obvious reasons, we wouldn’t want Police Departments to operate in secrecy. Not only do police departments keep their daily logs public – which are abbreviated, digested descriptions of police activity, they must also make the full records of those incidents, which are much lengthier than a simple log entry, public upon request. So you’d think that the same laws would apply to Massachusetts college & university campus police departments, right? If you said “yes,” you’d be wrong. While M.G.L. Ch. 66, Sec. 10 allows a citizen to request records of a public agency, the fact is that a little-known separate statute, M.G.L. Ch. 4, Sec. 7 (26) specifically exempts private colleges and university police departments from making their records public information. And the Massachusetts Supreme Judicial…
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Intoxication and Endangering the Welfare of a Child: Can Inebriation Without More be the Basis of an NY PL 260.10 Crime
You had a few beers. A couple of glasses of wine. A shot or two of whiskey. OK, maybe it was that and a couple of more. Buzzed? Intoxicated? Flat out drunk? Wherever you are on that spectrum, you are watching your kids. At least that’s what you’re supposed to be doing. You are their caretaker and guardian, but your more than a few sheets to the wind. Maybe you had a good time, but that is quickly turning to regret. After all, how can you watch children if you can’t stand straight or speak properly? If you have left your children unattended as a result of your intoxication, have you committed a crime? More specifically, if you are in New York City or anywhere else in the Empire State, can the police arrest you for and prosecutors prove beyond a reasonable doubt the offense of Endangering the Welfare of a Child pursuant to New York Penal Law 260.10? You didn’t strike, injure or intentionally put a child in harms way, so clearly you can’t be guilty of…
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Abolishing the mandatory death penalty a welcome step
Source: Malaysiakini (16 November 2015)http://www.malaysiakini.com/letters/319675Amnesty International Malaysia welcomes attorney-general Apandi Ali’s intended proposal to the cabinet to scrap the mandatory death penalty as it signals progress in one area of human rights in the country - the right to life.“In light of this development, we call on the Malaysian government to impose an immediate official moratorium on the use of the death penalty until Cabinet reviews this proposal and laws which carry the death sentence can be reviewed and changed,” AI Malaysia executive director Shamini Darshni said in a statement.“Half of over 1,000 people on death row in Malaysian prisons are awaiting results of appeals or clemency, thus as the government studies the AG’s proposal, these individuals need to know that they will not yet meet the noose. So it goes for any new case which carries the death penalty,” she added.However, abolishing the mandatory…
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Personal Jurisdiction Based on Intangible Harm
Alan M. Trammell & Derek E. Bambauer, Personal Jurisdiction and the “Interwebs,” 100 Cornell L. Rev. 1129 (2015). Allan Erbsen Conduct channeled through cyberspace can cause harm in physical space. That leakage across a conceptually amorphous border has befuddled courts attempting to adapt personal jurisdiction doctrine to the Internet. At least two distinct problems have combined to produce an inconsistent and unstable jurisprudence. First, the Internet is a buffer between the defendant and the forum. This technological intermediary diffuses the defendant’s geographic reach, complicating analysis of the defendant’s contacts and purpose. Second, activity on the Internet often leads to intangible harm, such as a sullied reputation or devalued trademark. These intangible injuries can manifest in places that are difficult to predict ex ante and to identify ex post. Accordingly, the Internet creates spatial indeterminacy in a legal context that…
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Expert Witness Selection: Substance Over Form
In commercial litigation, many cases require some kind of expert. Whether it is a financial expert, an engineering expert, a fraud expert, a valuation expert, or some other type of expert witness, the process of selecting one cannot be taking lightly. The effectiveness of your expert witness could win or lose a case for you, so it is important to carefully consider what makes a good expert witness. Qualifications and CredentialsOne of the first steps in evaluating your expert is looking at the education and credentials of the person. The potential expert needs substance in this area to have a reasonable chance of standing up to any challenges by opposing counsel. In addition to college degrees, you should look at the licenses and professional certificates held by the expert witness. What are the most important certificates in this person’s field? Does this person have them? Are the certificates held by the expert actually worthwhile? Look first for the most respected…
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Where Is The Lash?
In an epic rant, Jonah Goldberg, who can find a lefty under every rock just as quick as a feminist can find a misogynist, sneaks in a point worth repeating at The National Review: I almost feel sorry for those decent, sincere career liberals standing there in the quad as the little Maoists scream in their faces and strip off the suede elbow patches on their tweedy jackets like a lieutenant being busted down to a private. As the kids fit lifelong members of the ACLU with their duncecaps, the poor souls can hear the conservatives hooting and laughing off beyond the fence, throwing nerf footballs and telling jokes at the liberals’ expense. With the Left given total control of these oases of tolerance and citadels of progressivism, what do we get? We get pampered and coddled students screaming that these institutions are hotbeds of racism, homophobia, sexism, and the rest of the 31 Flavors of Oppression. Oh, there is racism. We see it in the bodies on the ground, in…
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The Juvenile, Burglary and the Probation Conditions
This post examines a recent opinion from the California Court of Appeals – First District: In re Patrick F., 2015 WL 7009056 (2015). The court begins by explaining that “Patrick F. . . . was declared a ward of the juvenile court after admitting an allegation of second degree burglary.” In re Patrick F., supra. The Court of Appeals goes on to explain that [o]n the morning of June 11, 2014, 17–year–old [Patrick F.] burglarized the home of his next-door neighbor with the assistance of an adult cousin who was on parole. The neighbor had left earlier in the day, and when she returned home around noon the house had been ransacked and a gold ring and about $87 in rolled coins were missing. After he was apprehended, [Patrick F.] admitted to police that he had entered the neighbor's home and taken the property while his cousin acted as a lookout.The district attorney filed a juvenile wardship petition alleging [Patrick F.]…
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URGENT MESSAGE FROM FACDL
We went three for three yesterday in our picks. Again. (yawn). The FACDL is very worried about your ability to get into the courthouse. As the Vice President is wont to say, "this is a big F'ing deal". Or not. Good morning membership,PLEASE NOTE: THE FOLLOWING IS FOR RENEWAL OF COURT ID - IF YOU ARE A FIRST TIME APPLICANT THIS DOES NOT APPLY.Beginning December 2015, the Administrative Office of the Courts (AOC) will be renewing Security By-pass Identification (ID) cards to those Criminal Defense Attorneys who currently possess a security By-pass ID for the Richard E. Gerstein Justice Building (REG) expiring December 31, 2015. (Umm... REGJB if you please.) This year, in order to receive the 2016 ID, attorneys will need to prepay the $10 renewal fee by check of money order payable to MIAMI-DADE COUNTY (or "Louie's garage of Hialeah and Bethesda"). The check or money order MUST be accompanied by…
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That Cop Who Killed You? Thank The Arbitrator
Jeremy Dear was a problem cop. He seemed to keep getting caught up in controversy, which is hard in Albuquerque given how there’s so much police controversy that standing out isn’t easy, but Dear managed to do so. The last time began with the killing of 19-year-old Mary Hawkes, for which he was, of course, cleared. But that wasn’t the end of Dear’s problems. “I remember at the end, I was like oh (expletives), my camera, it was unplugged,” Dear told investigators. “I mean, I’ve had problems in the past, they come unplugged, you catch that little cord on something and it snags out.” Dear has since been fired from APD for insubordination and untruthfulness. He’s been fighting to get his job back. What exactly happened with Hawkes’ killing is shrouded in a mystery because, you see, his Taser-made body cam was unplugged. He claims he was very upset to learn “that little cord” became unplugged. ABQ…
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Duff & Marshall on Civic Punishment
R. A. Duff and S. E. Marshall (University of Minnesota Law School and University of Stirling) have posted Civic Punishment (Democratic Theory and Mass Incarceration, A. W. Dzur, I. Loader & R. Sparks (eds.), Oxford: Oxford University Press, Forthcoming) on...
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Clay County teacher facing felony charges after confrontation with ex-girlfriend
A Clay County middle school teacher is facing two felony charges after police say he stole a gun from a car and then went to an ex-girlfriend’s home. Police said the man got the gun and went to the woman’s home, where he knocked on the door and argued with her once she answered, finally leaving after she says she asked him to do so several times, according to a report in the Florida Times-Union. The man drove off on his own, but police spotted his vehicle a short time later and he was arrested. The man is now facing two serious felony charges – though neither of them is related to the confrontation with the woman. He is charged with two counts of armed burglary, connected to taking the gun from the vehicle. Armed burglary is a first-degree felony, punishable by up to 30 years in state prison. Since he is charged with two counts, the man, now 36 years old, is looking at up to 60 years in state prison if convicted of both counts and sentenced to the…
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Cross-Examination: Try to Leave Before Redirect
I hate redirect. Any form of rebuttal can be deadly, but redirect under the federal rules is pure torture. A brilliant cross-examination can be entirely unwound with an effective redirect, especially when denied the chance to respond. I have been following the trial of Don Blankenship, one of the so-called kings of coal, in West Virginia. His lawyer, Bill Taylor, conducted a five-day devastating cross-examination of the government’s chief cooperator. It had some real blockbuster results. However, after 5 days of cross, just as winter follows the fall, came the inevitable redirect. My title comes from a paper, Fn1, presented by Albert Krieger in a seminar called “Advanced Cross- Examination Tactics.” It was my introduction to the master cross-examiner. I had just left the public defender’s office and thought I was more than adequate to conduct a bruising cross-examination, but he opened my eyes to a new universe of possibilities. Krieger was head and…
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High School Senior Charged With Five Counts of Burglary Felonies Gets Reduced Charge
A senior in high school was alleged to have broken into five attached garages all of which belonged to different homes. After getting caught, he was charged succinctly with five 2nd degree felony burglary charges. Each charge against him carried a maximum of eight years behind bars. The Columbus senior had no previous charges against [...]The post High School Senior Charged With Five Counts of Burglary Felonies Gets Reduced Charge appeared first on Columbus Criminal Attorney.
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New Jersey legislature to hold (historic?) hearing on full marijuana legalization
As reported in this local story, headlined "Legalize recreational marijuana in N.J.? Supporters to pitch for it at hearing," the Garden State is due to have a legislative hearing this afternoon that explores the pssibility of allowing gardens to grow an especially notable weed. Here are the details: Eighteen months...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/-YpbBK-dH2s" height="1" width="1" alt=""/>
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Should You Take a Breath or a Blood Test?
One of the biggest areas of confusion when it comes to a California DUI is the chemical test. More specifically, one of the most asked questions regarding the chemical test is whether a person should submit to a breath or a blood test. Before I get into whether a breath test or a blood test is better, let me start off by saying that, yes, California law requires that someone who has been arrested for a California DUI submit to a chemical test. Any test requested by an officer prior to arrest, including field sobriety tests and a pre-arrest breathalyzer (called a “PAS” test), is optional. And I would never suggest submitting to them. Why give the officers any more reason to arrest you when you don’t have to? Once a person is lawfully arrested for a California DUI, however, they must submit to a chemical test under California’s “Implied Consent” law which can either be a breath or a blood test. Ok, so now on to the question of whether a person…
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Ignition Interlock Bill Is Reintroduced
"Annie's Law" a bill that would require ignition interlocks for all first-time OVI (drunk driving) offenders is being reintroduced in the Ohio House. State Rep. Gary Scherer's new bill focuses on improving monitoring of ignition interlock devices and provides incentives for first-time offenders choosing to use an interlock device. There also are provisions to require notification when a device registers a failed attempt and possibly extending the use of the device for a failed attempt. The expensive ignition interlock system requires a person to exhale into it to test the breath for alcohol content. If the content is above the device’s programmed limit, it prevents the vehicle from being started. About a year ago, a proposed law to require an ignition interlock for first-time OVI offenders was pulled before it even got out of committee.
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Sentencing prominent federal defendants: should sex offender Jared Fogle or Sunwest CEO fraudster get longer prison term?
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Clinton Township Man Charged with Felony OWI Child Endangerment
On November 8, 25-year-old Timothy Chevalier of Clinton Township was arrested after police say he was operating his vehicle while intoxicated with his 3-month-old baby in the back seat. The incident took place in Bloomfield Hills when Chevalier was pulled over by a public safety officer about 6 p.m. for excessive speed and possible OWI, according to Lt. Noel Clason. Chevalier refused a roadside preliminary breath test according to news reports, and failed the standard field sobriety tests. He was arrested for OWI 2nd offense, however the Oakland County Prosecutor’s Office issued enhanced charges due to the fact that Chevalier’s baby was in the back seat. In addition, reports claim the vehicle contained open alcohol containers. While at the police station, Chevalier submitted to a Breathalyzer test which indicated his BAC was 0.23, nearly three times the legal limit of 0.08 percent. Chevalier was placed in the Oakland County Jail on a $75,000 cash or surety bond and…
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