Stephen Silva, the long time friend of Dzhokhar Tsarnaev, was sentenced in federal court this week to time served for his possession of a weapon with a partially obliterated serial number and distribution of heroin. (History and details here.) ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Tsarnaev Pal Who Provided Gun Sentenced to Time Served
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Jacksonville student arrested, accused of calling in bomb threat to school
A Jacksonville teen was arrested on charges of making a false bomb threat that forced police and school officials to put his high school on lockdown earlier this month. After the threat was called in, police searched the campus but did not find anything on the property, according to a report on News4Jax. Police said that a teacher told them the student confessed to her, but the student has since denied that’s what he told her, the television station reported. Police say the student has offered different stories, but both involve someone else using his cell phone to make the call, the television station reported. Still, he was arrested more than a week after the threat was called in and charged with making a hoax bomb threat. The charge is a second-degree felony with a maximum penalty of 15 years in state prison. The charge is somewhat complicated by the fact the student is just 15 years old. In Jacksonville Juvenile Crimes Cases such as this when teenagers are…
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When Can Tickets Be Amended In Ohio DUI/OVI Cases?
At the last minute, without warning, the government convicted Demetrius of a more serious offense than with which he was originally charged. Demetrius received a ticket for OVI. The ticket informed him he was charged with a low-tier ‘per se’ OVI, which carries a minimum of three days in jail and does not involve mandatory restricted (yellow) license plates. Just before his case was finished, the court permitted the prosecution to change the charge to a high-tier ‘per se’ OVI, which carries a minimum of six days in jail and mandatory yellow license plates. Can the government to that? That question was answered in the recent case of State of Ohio v. Demetrius Rosemond, and the answer is not obvious. It involves interpreting Rule 7 of the Ohio Rules of Criminal Procedure. That Rule addresses amendment of complaints, and a traffic ticket is a type of complaint. The Rule says a complaint may be amended, “provided no change is made in the name or…
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Spyware and Other Snooping During a Divorce
Those involved in a divorce case are sometimes tempted to use spyware or other snooping techniques to spy upon their spouse. Such spying is not favored by the courts in Illinois or Iowa, and can even result in criminal charges. The temptation to spy upon one’s spouse before or during a divorce case is one that often stems from a desire to show marital fault (e.g. adultery) or a desire to learn information that would be useful as to custody and/or … Continued
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Wherein I Resist the Temptation To Discuss the Chlamydia Incident
He had me at nitwits.Jay Wexler is a lawprof at BU, author of The Odd Clauses: Understanding the Constitution Through Ten of Its Most Curious Provisions (a terrific book I reviewed here) and Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church/State Wars, and also of a collection of short fiction and other stuff (like law review articles and humor pieces). He was once a law clerk to Ruth Bader Ginsburg (though not at the time she declined to provide the fifth vote for summary reversal in Overton v. Ohio thereby leaving me with what I am forced to describe as "the case I almost won in the Supreme Court"). He's probably best known for his studies of which of the folks on the Supreme Court generate the most laughs with their comments and questions during oral argument. (Spoiler alert: Clarence Thomas, who never speaks, comes in dead last.)And now he's published his first novel, Tuttle in the Balance. It's…
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Spinning the Murder Surge
Heather MacDonald has this op-ed in the WSJ exposing the Brennan Center's attempts to paper over the rise in murders and the "Ferguson effect." An 11% rise in homicides in a single year is a horrifying spike, but MacDonald notes how the Brennan Center soft-pedals it, and several media outlets join in a subjective classification of the rise as "slight" etc. without giving their readers the benefit of the actual number.The puzzle is why these progressives are so intent on denying that such depolicing is occurring and that it is affecting public safety. The answer lies in the enduring commitment of antipolice progressives to the "root causes" theory of crime. The Brennan Center study closes by hypothesizing that lower incomes, higher poverty rates, falling populations and high unemployment are driving the rising murder rates in Baltimore, Detroit, Milwaukee, New Orleans and St. Louis. But those aspects of urban life haven't…
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Framingham Man Allegedly Assaults Ex-Girlfriend
According to an article in the MetroWest Daily News, a Framingham man allegedly attacked his ex-girlfriend after he found out that she was dating someone new. The article states that the man and the alleged victim were romantically involved but that the relationship had ended. According to the article, the man reportedly appeared at the alleged victim’s workplace (Shopper’s World) and asked to speak with her. They then drove away in the alleged victim’s car. After some period of time, the alleged victim dropped the man off and went to the police station. Once there, she claimed that she was the victim of a domestic assault. Specifically, the alleged victim told the police that she and her ex-boyfriend had gotten into an argument when he found out that she was dating someone else. The alleged victim claimed that the man grabbed her by the throat and choked her. The police then approached the man, who was outside a convenience store, and arrested him based on…
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al Baghdadi Releases New Audio Speech
ISIS leader al Baghdadi released a new audio speech today. I haven't seen a full English translation yet (a French one is available.) In it, he threatens Israel: "With the help of Allah, We are getting closer to you every day,"... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Former Sheriff Deputy Guilty of Receiving Child Pornography
He had just turned 22 and his love interest was 15. Years ago, it might simply have been considered a Romeo-and-Juliet story. But this is modern day, and he was a Pasco County Sheriff’s deputy and that 15-year-old was legally a child. That meant the short video clip the teen sent to his older paramour of himself engaged in a personal sex act was child pornography. For this exchange and for driving to meet that teenager, fired deputy Matthew Bondi, a Deerfield Beach native, has pleaded guilty to a federal child pornography charge, as codified in 18 U.S.C. 2252(a)(2). By knowingly receiving a visual depiction of a minor engaged in sexually explicit conduct, he committed a crime formally classified as sexual exploitation of a minor. Now that he has pleaded guilty, Bondi faces a minimum of five years and a maximum of 20 years in federal prison. The Sun-Sentinel reports he is expected to be sentenced early next year. The guilty plea was entered just after jurors heard opening…
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Hoping Californians get crisp "mend it or end it" capital initiative votes in 2016
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Weekend TV Binge-Watching
I've only binge-watched one series so far this weekend -- Netflix' Frankie and Grace with Lily Tomlin and Jane Fonda. They play two 70 year olds who are married to law partners. In the first episode, the law partners announce they are... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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21st Century Oncology to Pay $19.75 Million to Settle Civil False Claims Lawsuit for Alleged Unnecessary Laboratory FISH Tests Ordered by Four of Its Urologists. No Admission of Liability But Corporate Integrity Agreement Required
On December 18, 2015, 21st Century Oncology LLC, a publicly traded entity which operates in 17 states, agreed to pay $19.75 million to the government to resolve allegations that it violated the False Claims Act by submitted claims to Medicare and Tricare forfluorescence in situ hybridization, or “FISH,” tests that were allegedly not medically necessary. As with most settlements, there was no admission of liability.21st Century is a nationwide provider of integrated cancer care services that is headquartered in Fort Myers, Florida. False claim lawsuits often get settled once the government intervenes due to the high litigation costs and potential exposure in litigating with the government, especially oncology which relies heavily on Medicare billing. 21st Century had to pay an extra $528,000 to the qui tam relator's attorneys' fees and costs.FISH tests are laboratory tests performed on urine that can detect genetic abnormalities associated…
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Is Transgenderism a Fad?
The media circus surrounding Caitlyn Jenner (aka Bruce Jenner) has introduced transsexualism and transgenderism to a public that has been largely unaware of the nuances of these forms of gender dysphoria. I can’t remember a time when there was such open discourse about gender identity and with this transparency comes articles, movies, TV shows, and public policy discussions. A recent article in Britain’s Daily Mail describes an American family with two children, a girl and a boy, each of whom had researched transgenderism on the internet. Their youngest daughter who appeared to be a happy teen, albeit a tomboy, was the first to advise her parents she was transgendered and wished to transition to a male. Meanwhile, her older brother, who was bullied at school for his feminine manners and appearance came out to his parents one month later. Both mom and dad unconditionally support their teenagers’ decisions, and surgery and hormonal treatments are underway for…
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Is Your Criminal Record Keeping You From Working?
Sometimes, we make mistakes. The most severe can result in jail or prison time, However, even after you have served your time, problems may still arise, most often when trying to find a job. Rightly or wrongly, many employers turn…Read more ›
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Plaxton on Implied Consent & Sexual Assault
Michael Plaxton (University of Saskatchewan - College of Law) has posted Implied Consent & Sexual Assault: Introduction (McGill-Queen's University Press, 2015) (Forthcoming)) on SSRN. Here is the abstract: In R. v. Ewanchuk, the Supreme Court of Canada held that sexual...
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OBAMA SUCKER PUNCHES CITIZENS UNITED
The Daily Beast and PoliticusUSA have advanced stories about the President's State of the Union Address next month. Although there will be the usual line drawing in the sand, and the political attempt to differentiate the Democratic agenda from the non-agenda of the Republicans, there will be a very significant announcement regarding campaign financing and SCOTUS' decision in Citizens United.According to these two sources, Obama intends to announce an executive order requiring anyone who obtains a government contract to disclose all political contributions (including Super PACs) made thereafter. No bidder will be required to disclose contributions until after the bidding process to keep it non-political. The justification for this action is the idea of full transparency to avoid contributions made after the fact for favors granted or influence asserted in the awarding of the contract. The real reason - to undercut the decision in Citizens…
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2015.105: Bah, Humbach
Josh Blackman sent me the link on Christmas Eve: Humbach on the Constitutionality of Revenge Porn Statutes http://lsolum.typepad.com/legaltheory/2015/12/humbach-on-the-constitutionality-of-revenge-porn-statutes.html John A. Humbach (Pace University School of Law) has posted The Constitution and Revenge Porn (Pace Law Review, Vol. 35, No. 1, 2015) on SSRN. Here is the abstract: Most of the recently enacted revenge-porn laws are unconstitutional as content-based regulations of speech unless (as is unlikely) they can either (i) pass strict scrutiny or (ii) fit within one of the recognized categorical exceptions to First Amendment protection. By paying close attention to the constitutional precedents, however, a legislature should be able to write a law that addresses the primary harms of revenge porn without resorting to the content discrimination which subjects the law to strict scrutiny. One approach, suggested here, is to frame the law so that it establishes an otherwise valid…
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Reviewing New Jersey v. Chun in Light of Massachusetts Source Code Challenge
In 2008, the New Jersey Supreme Court decided, New Jersey v. Chun, which was the first case where the Court addressed whether the source code of the Alcotest 7110 was scientifically reliable. This is the leading case on the issue of the source code. Massachusetts OUI Lawyers are currently conducting a similar hearing for the newer Alcotest machine the 9510. In this Blog, we will review the findings of the Chun case as the decision will have an impact on how the judge rules in the Consolidated appeal being heard in the Concord District Court. Currently, the Source code reliability hearing is scheduled for March 14 and is scheduled to take until March 17th. One of the major differences between Chun and the current hearing in Massachusetts, is that the hearing in Concord involves a different machine, the Alcotest 9510, which has a much more complex source code than the Alcotest 7110. There is currently a hearing in the Ayer District Court on the 7110 machine; this…
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Selbstleseverfahren, Band 142
Weniger Quellenauswahl aber lesenswerte und spannende Texte auch zwischen den Tagen. Foto: PlaceIt.net Legalize it! Unter Beobachtung: Der Strafverteidiger Laienrichter: Ganz normale Leute Zschäpe wirft Heer, Stahl und Sturm bewusste Schädigung vor Cyberstalking: Der Feind in unserem Netz Staranwalt Rolf Bossi ist tot Diese Frage macht Zeugenaussagen zuverlässiger Ex-Partner muss intime Aufnahmen löschen Wie Häftlinge Weihnachten feiern --- Hinweis: Wir haben unsere Feed-Adresse aktualisiert: http://www.strafakte.de/feed/ Bitte aktualisieren Sie die Adresse demnächst in Ihrem Feed-Reader, um sicherzustellen, dass Sie auch weiterhin den Feed erhalten. © Strafakte.de: Twitter - Facebook - Google + | Impressum Der Eintrag Selbstleseverfahren, Band 142 erschien im Original: Strafakte.de
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Debating the biggest Texas criminal justice stories of 2015
On Christmas Eve, the Texas Tribune published a list of the "Top Crime News of 2015," so rather than catalog Grits' own such greatest-hits tally, let's build on the Trib's nine-item inventory of the year's most important criminal-justice news stories.First, numbers five and six surely must be moved to one and two. There's no question that Sandra Bland's death and the murder of Deputy Darren Goforth in Houston were the two top criminal justice stories of the year, in many ways helping define the national conversation, pro and con, surrounding the #blacklivesmatter movement. Beyond that, it's hard to see how the Waco biker shooting didn't make the cut: Nine people were killed, four of them by police snipers, after which 177 people were jailed for trumped up conspiracy charges on $1 million bail with virtually no evidence presented to the court to justify it. As prosecutorial and judicial overreach goes, Texas hasn't seen…
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