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Mount Clemens Man Accused of Killing Elderly Father

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Recently, a 55-year-old Macomb Township man was charged with first-degree murder after allegedly strangling his 89-year-old father.  According to a news article at Mlive.com, Gregory Lynn Nieman called 911 after he “discovered” his father dead in the home they shared. Neiman reportedly called authorities after he came into the home on Sunday morning and found his father cold to the touch, and not breathing.  Following an autopsy, Donald Nieman’s death was ruled a homicide; the medical examiner determined he had been strangled.  On Tuesday, Greg Nieman was charged with first-degree premeditated murder. Nieman is currently held without bond; his next court appearance is scheduled for January 7. Michigan criminal attorneys know that a charge of first-degree premeditated murder is extremely serious; in fact, those found guilty will face a mandatory life prison term. Regardless of the severity of the crime a person is accused of committing, every…

Wang on Fraud Statutes and Insider Trading and Tipping

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William K. S. Wang (University of California, Hastings College of the Law) has posted Application of the Federal Mail and Wire Fraud Statutes to Criminal Liability for Stock Market Insider Trading and Tipping (University of Miami Law Review, Vol. 70,...

Kansas City Metro DUI Update: NYE 2016 Edition

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Kansas City Metro DUI Update: NYE 2016 EditionKansas City Area DUI Checkpoint Update: 12/31/15 - New Year's Eve Edition.Here's what we know so far:1.  Olathe Police have announced they will be having a DUI saturation patrol, meaning around 10 to 20 extra officers out on patrol specifically looking for any reason they can find to pull you over and check for DUI.  Also per their news release "we will also be engaged in strict enforcement of the seat belt laws".  This is code for  pulling over a lot of people.  This is all the news we have as of now, as always we'll update as we learn more. Moral of the story for NYE or any night for that matter is DON'T DRINK AND DRIVE, it's always cheaper to designate a driver or get a cab! Be safe out there, and have a Happy New Year!For more information on DUI Stops check out our blog article.If you are facing a criminal allegation, your choice in reputation…

Do You Have to Answer a Police Officer’s Questions?

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In the event that you are dealing with a Florida police officer, it is a common question, do you have to answer all of their questions? Depends on a number of factors in the scenario, and the following… The post Do You Have to Answer a Police Officer’s Questions? appeared first on Chapman Criminal Defense Firm.

Risk-free Murder & White Apathy

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By now, it’s no news that a “grand jury” refused to indict the killers of Tamir Rice. This happened because the killers were murderous cops, and for no other reason. If anyone else other than a murderous cop had killed the child, they would feel the full weight of the criminal justice system. In fact, they likely would not even get a fair trial. But these were murderous cops, and murderous cops today have carte blanche to ignore reason, law, or simply to behave as if they were human, and had children, or friends with children, themselves. At worst, they might have to hire an attorney, and wait a up to a year or so before everyone decides to move on to something else. Those of us who know how grand juries actually work, and heard how this particular “grand jury” “worked,” were unsurprised at the outcome.  As Jamelle Bouie wrote on Slate, this is because police now frequently – all too frequently – use force as a…

[VIDEO] Does a .06 or .07 Mean You Are Not Guilty of DUI?

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This is a common misconception that I encounter almost daily from folks, is that people think that if you blow below a .08 you’re automatically not guilty of DUI, that you’re in the safe zone as long as you’re below a .08 on the breathalyzer. Unfortunately, that is wrong. If you have been charged with VA DUI, contact me about your case to see what options you have. Video Transcription Does a .07 or .06 on the Breathalyzer mean you’re not guilty? Let’s talk about that. Hi, I’m Andrew Flusche. I’m your Virginia DUI attorney. This is a common misconception that I encounter almost daily from folks, is that people think that if you blow below a .08 you’re automatically not guilty of DUI, that you’re in the safe zone as long as you’re below a .08 on the Breathalyzer. Unfortunately, that is wrong. A .08 or higher gives the Commonwealth a presumption that you are impaired. There’s different legal terms for it, but…

Cramer on FBI Statistics and Defensive Gun Use

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Clayton E. Cramer (College of Western Idaho) has posted Why the FBI's Justifiable Homicide Statistics are a Deceptive Measure of Defensive Gun Use on SSRN. Here is the abstract: As part of the FBI’s Uniform Crime Reports system, the FBI...

Cosby Prosecution for Sexual Assault Shows Shift in Attitudes

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Nearly 12 years after Bill Cosby allegedly drugged and sexually assaulted Andrea Constand, his arrest in Pennsylvania on a charge of aggravated indecent assault subjects him to the possibility of criminal penalties for the first time.  One reason that the prosecution is happening now is simple—this is prosecutors’ last opportunity to charge Cosby before the statute of limitations expires.  But in 2005, when memories and evidence were relatively fresh, prosecutors chose not to pursue charges.  The change was undoubtedly prompted in part by the enormous number of women who have now accused Cosby of similar conduct, but may also indicate a more general shift in attitudes about rape and sexual assault. While it is too early to say whether it will break any new legal ground, the case is now taking place in a historical moment when questions about intoxication and consent to intoxication are hotly contested. In 2005, then-Montgomery County District Attorney…

What Not To Do If Pulled Over for a DUI

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What Not to Do Do not have empty bottles in the car. That may give the officers cause to pull you out and look closely at you for DUI, or possession of an open liquor container. Do not instantly turn into a lawyer, complaining about violations of your rights, or even the rights of others. Legal arguments are for courtrooms, not roadsides. Be cooperative, whether you’re the driver or a passenger Do not move your hands quickly within the car. where they cannot be readily seen. Officers get tense like everyone else, and you don’t want to end up on the ground, with a boot on your neck, or worse, because you dropped your iPod. Don’t pull a “Reese Witherspoon.” Passengers can be cited for obstruction or interference with a law officer. Put a stopper on your constitutional arguments and other observations about the quality of the officers, the DUI checkpoint, etc. Don’t be too chatty, or remind the officer that you are neighbors with: A…

Michigan DUI - One size does not fit All

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As a Michigan DUI lawyer, both me and my clients are very lucky to have the help of my wonderful staff. I have Ashlee, my paralegal, and Ann, my senior assistant, and everyone who meets or speaks to them likes them. Unlike some firms, where the support staff has limited contact with the clients, my staff does everything, from answering that first phone call to discussing with me what's going on in a case and how I plan to handle it to following up with our clients even after their matters have concluded. The other day, a situation came up in a discussion my wife and I were having, and she mentioned that someone (who knows someone who knows someone, ect.) had picked up a DUI and was going to call some family friend for help who is a lawyer, although not a criminal or DUI lawyer. She looked up at me and said, quite seriously, something to the effect that I bet Ann knows more than that guy. I quickly replied that if I was in jail facing a drunk driving charge, I'd…

An effective review of the 2015 year that was in criminal justice

The Year in Review, Looney Tune Version

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The notorious Brennan Center published, in the Huffington Post, a "Year in Review" piece about criminal justice "reform" developments in 2015.  As excerpted on SL&P, it starts as follows:April: A significant number of candidates running for President contributed essays to a book on criminal justice reform, entitled Solutions: American Leaders Speak Out on Criminal Justice.  New York Times White House correspondent Peter Baker wrote, "The last time a Clinton and a Bush ran for president, the country was awash in crime and the two parties were competing to show who could be tougher on murderers, rapists and drug dealers.  But more than two decades later, declared and presumed candidates for president are competing over how to reverse what they see as the policy excesses of the 1990s and the mass incarceration that has followed."With the streets still smoldering in Baltimore, Hillary Clinton gives a speech declaring,…

Ohio Cardiologist Convicted at Trial and Sentenced to 20 Years in Federal Prison for Overbilling Medicare and Private Insurance & Allegedly Performing Unnecessary Procedures

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Prosecutors are more aggressive in pursing physicians for criminal charges where just a few years ago the charges would be civil cases or administrative requests for overpayment. A high profile case out of Ohio went to trial for about three years, ended up with a jury convicting an Ohio cardiologist on 15 counts, and now a long sentence has been handed out.Dr. Harold Persaud, 56, a cardiologist, was sentenced to 20 years in prison on December 18, 2015, for allegedly performing unnecessary catheterizations, tests, stent insertions and causing unnecessary coronary artery bypass surgeries from 2006 to 2012. The government's case was that this was part of his fraudulent billing to Medicare and other insurers.One of the issues that arises in almost every criminal case against physicians is the issue of whether records have been falsified or whether there has been some false billing. This case was no different. Even a small percentage of false billing or fabricated records…

Happy New Year Folks - May the Force be with YOU

Balko or Kerr: Reading Tea Leaves

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At Volokh Conspiracy, Orin Kerr takes Radley Balko to task for a material omission, a headline that neglects to include the salient legal details of a holding by District of Kansas Judge John W. Lungstrum. Radley Balko is getting a lot of attention for his provocative post “Federal judge: Drinking tea, shopping at a gardening store is probable cause for a SWAT raid on your home.” It sounds crazy, right? Why would a federal judge think that drinking tea and shopping at a gardening store amounts to probable cause? Fortunately, there was no such ruling. Well, that’s technically true, as the decision was a grant of summary judgment to the defendants in a § 1983 case. The headline leaves out a critical detail, that the police field tested what “appeared to be wet marijuana plant material (leaves and stems)” found in the garbage of Adlynn and Robert Harte’s trash.  Not once, but twice, and both times it tested positive for…

Hey, Hey, Hey: It’s Guilty Cosby!

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The response, that Bill Cosby has never been charged, has reached its end of life. Not that people were buying, and now that he’s been charged, the only thing left to do is sharpen up the guillotine blade.  No matter what happens in the case, he has already been convicted by the court of public opinion.  There is no appeal. On the one hand, the decade-old allegations of Andrea Constand were declined by prosecutor Bruce Castor in 2005. On the other, this just shows how rapes are under-prosecuted by patriarchal prosecutors.  Given the amount of smoke that now swirls around Cosby, those inclined to believe see no doubt, none, that the dozens of women now accusing him can be “lying.” But the question isn’t whether anyone is lying. The question is whether Bill Cosby gets the benefit of a trial before he’s convicted.  He’s taken on a real defense lawyer, Brian McMonagle, to replace the Cozen O’Connor dilettantes, and…

Eight arrested in Christmas night fight outside a Clay County mall

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Police arrested eight people following a fight they say involved more than 100 people in a Clay County parking lot.  Many of the people involved were juveniles, according to a report on News4Jax. Police were called to the scene because of a massive fight and then made several arrests. Many of the arrests were for carrying a concealed weapon, the television station reported. At least one of the men involved was also charged with marijuana possession after police found drugs on him during the arrest. Misdemeanor drug charges are not uncommon in similar cases where police are called to the scene for a fight or disturbance and then end of making arrests. On the concealed weapons charges, there are different charges that can be applied, depending upon the type of weapon the person is accused of having. If the weapon at issue is a gun, the charge is a third-degree felony with a maximum penalty of five years in state prison. However, if the weapon is a knife or something else…

2015 Jdog Memorial Best Criminal Law Blawg Post

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This marks the 7th year of the Best Criminal Law Blawg Post, and there was a very serious question of whether the crim law blawgosphere would have the legs to make it this far.  So many of the blawgs that existed when the contest began have since gone dormant that it seemed, at time, that there would be little left from which to choose. As it turns out, there is not only life remaining in the criminal law blawgosphere, but some damn fine writing out there, as reflected in the nominations (as well as some truly excellent criminal law blogs that, inexplicably, didn’t muster a nomination but are still doing great work). The nominations reflect the diversity and depth of thought that exists in the criminal law blawgosphere.  Unlike the shallow, often trivial and almost invariably wrong content proffered by mainstream web media, lawyers are providing actual and accurate insight rather than the pandering to the bias and ignorance of the public.  It’s good…

The Laptop, the College Student and Aggravated Robbery

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This post examines an opinion from the Arkansas Supreme Court:  Hinton v. State, 2015 WL 9259401 (2015).  The court begins by explaining that on September 22, 2014, a Pulaski County jury found appellant, James E. Hinton III, guilty of aggravated robbery, theft of property, and possession of a defaced firearm. He was sentenced to ten, five, and five years' imprisonment, respectively, with the sentences to run concurrently. Additionally, Hinton was charged as a habitual offender, and each conviction was enhanced by five years pursuant to Arkansas Code Annotated § 16–90–120.  Accordingly, Hinton was sentenced to a total of fifteen years' imprisonment.Hinton v. State, supra.The Supreme Court then went on to explain that HIntonfiled his timely notice of appeal. The court of appeals certified Hinton's appeal to this court. Our jurisdiction is pursuant to Arkansas Supreme Court Rule1–2(b)(1), (5), and (6) (2015).…

Davis et al. on Identifications

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Josh P. Davis , Tim Valentine , Amina Memon and Andrew J. Roberts (University of Greenwich , University of London - Goldsmiths College , University of London - Royal Holloway College and Melbourne Law School) have posted Identification on the...
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