"Taking Another Look at Second-Look Sentencing"
↧
↧
Florida prosecutors honoring Army vet by threatening 120-years mandatory imprisonment for firing two shots in air
This local story from Jacksonville, headlined "Trial set to begin for Jacksonville man facing 120 years in prison for firing 2 shots," highlights why I find so many mandatory minimum sentencing statutes troublesome and why I worry about the extreme sentencing powers that these kinds of provisions often give to local, state and federal prosecutors. Here are the details of a Florida criminal justice story with many factors that likely undermines the public's faith in the soundness, sensibility and efficacy of modern criminal justice systems: A Jacksonville man scheduled for trial this week faces a 120-year sentence if convicted, although no one was hurt during the six aggravated assaults he was charged with using a deadly weapon. Under Florida’s 10-20-Life law, Circuit Judge Jack Schemer would have no choice but to sentence 58-year-old Randal Ratledge to 20 years for each count. Jurors likely would not be aware of the mandated sentence.…
↧
Leaving the Scene of a PDA (Property Damage Accident) in Michigan
Leaving the scene of a property damage accident (sometimes written up as something like "leaving scene of PDA," or "leave scene PDA," and often referred to simply as "hit and run" or "PDA") is one of the more common offenses I see in my role as a Michigan criminal and DUI lawyer. Most people don't understand how seriously these cases are taken until they find themselves in the middle of one. The reason for this is simple: In many, (if not most) PDA cases, the driver who took off did so because he or she had been drinking and didn't want to deal with the police and get arrested for a DUI. Of course, this isn't true in all cases, but the assumption is nonetheless there in every case. Not surprisingly, a lot of these charges wind up in courts with robust DUI caseloads, including Oakland County's Rochester Hills' 52-3 and Troy's 52-4 district courts, along with Royal Oak's 44th district court. In…
↧
2016: the State of Play
29 days until the Iowa Caucus. Via HuffPo here is the polling state of play: Nationally in the GOP race, Trump holds a wide lead over Ted Cruz 39-17. Everyone else is an also ran. But of course national polling doesn't mean much until later. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Hazardous Road Conditions North Idaho
The current snow fall is causing hazardous road conditions on roadways throughout North Idaho. The Idaho State Police is currently dealing with numerous slide off vehicles on I90 and US95. Motorists are encouraged to only drive if necessary, use caution and drive slowly. Thank you.
↧
↧
How to Find a Good Baltimore Criminal Lawyer
If you have been charged with committing a crime, you will need the assistance of a criminal defense attorney. The criminal justice system can be complicated; no matter if you have been charged with a misdemeanor or a felony, there are numerous rules that must be followed from the time that you are charged through to a trial. A defense attorney can help you to reach the best possible outcome for your particular situation. Criminal Law Specialty – Rice Law, LLC Call 410.288.2900. Criminal defense lawyers represent people who have been charged with committing a crime. An attorney who specializes in criminal law is different than one who handles civil cases. For example, civil attorneys may oversee a contract negotiation, help a family to get their estate and will in order or litigate a lawsuit where no crime has been committed. It is important to hire a good Baltimore criminal lawyer if you have been arrested or charged with a crime. Punishments for crimes vary, depending…
↧
Dallas-Based Home Health Company Owners and Nurses Charged for Roles in Alleged Medicare Fraud for Home Health Over 8 Year Period
On December 22, 2015, the co-owners of a home health company in Dallas and two nurse employees were charged in an indictment for their alleged participation in a health care fraud case involving alleged fraudulent claims for home health services. The government alleges that the billing at issue was $13.4 million to Medicare and Medicaid. It is also alleged that there were some payments to recruiters and that some of the services were performed were medically unnecessary. Patience Okoroji and Usani Ewah are alleged to co-own Timely Home Health Services Inc. (Timely). Kingsley Nwanguma LVN and Joy Ogwuegbu RN are alleged to have worked for Timely. Each of these four individuals of Texas were each charged with one count of conspiracy to commit health care fraud and each were charged with three or more counts of health care fraud. An Indictment is not evidence and all persons charged are presumed innocent unless and until proven guilty beyond a…
↧
TEXAS OPEN CARRY LAW
TEXAS OPEN-CARRY LAW TEXAS OPEN CARRY On Friday, January 1, 2016, Texas Open-Carry Law went into effect. This means that individuals with concealed handgun licenses can now display those guns in open. [Note, the concealed handgun license (CHL) will now be called license to carry.] However, the guns must be carried on either a belt or shoulder holster. I’ve received several calls, texts, and emails about this new law from clients and members of the community about what the new law means. Questions, like—should I call 911 if I see someone carrying a firearm? What places can you carry a firearm and what places are prohibited? Can police stop you just to ask for your permit to open carry? Below are links that answer these questions: Round Rock Police Department Austin American Statesman What is unclear is the long-term consequences—both positive and negative—that may flow from this new law. There is sure to be confusion on how this law will be…
↧
Sunday Night Open Thread
The final season of Downton Abbey is about to begin. I watched the Royals for the first time this weekend. It's incredibly trashy and very hard to follow. But better than what Hollywood has offered this year. In related UK news, ISIS... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
↧
32 more hospitals settle kyphoplasty allegations in long-running case
In the latest in a series of settlements dating back to 2010, the Department of Justice announced on December 18 that 32 additional hospitals have agreed to pay in excess of $28 million to settle civil allegations that they submitted false claims in connection with the orthopedic surgical procedure kyphoplasty. According to DOJ’s press release: Thirty-two hospitals located throughout 15 states have agreed to pay the United States a total of more than $28 million to settle allegations that the health care facilities submitted false claims to Medicare for minimally-invasive kyphoplasty procedures, the Justice Department announced today. The Justice Department has now reached settlements with more than 130 hospitals totaling approximately $105 million to resolve allegations that they mischarged Medicare for kyphoplasty procedures. Kyphoplasty is a minimally-invasive procedure used to treat certain spinal fractures that often are due to osteoporosis. In many…
↧
Proving Prior Convictions (Evidence Rule 902)
Just how hard is it for the prosecution to prove prior convictions in OVI cases? The government has the burden of providing a foundation that the documents proving prior convictions should be relied upon. The Ohio Rules of Evidence, Evid. Rule 902, provides that extrinsic evidence of authenticity, as a condition precedent to admissibility, is not required under three (3) specific circumstances: Domestic Public Documents Under Seal: These can include documents from other states, districts or political subdivision. Domestic Public Documents Not Under Seal: These include documents without a seal, but bearing some attestation that the signatory had the authority to sign the document. Certified Copies of Public Records: Documents that are authorized by law to be recorded or filed and are actually recorded or filed in the appropriate public office. The reported cases set forth in Ohio Driving Under the Influence Law, Weiler & Weiler, 2013-2014 ed., sec 11:9, p. 458, demonstrate…
↧
Monday Night Open Thread
It's another season of the Bachelor. Ben seems very vulnerable and lacking in self-confidence. It's hard to tell if that's the way he really is, or its just a story line crafted from the "edit" from last season. (His reaction to being... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Here Is Your $547 Million Check From Swiss Santa
Guest Blogger - Dmitriy Kamensky, Fulbright Faculty Development Fellow, Stetson University College of Law; Professor of Law, Berdyansk State University, Ukraine. On Dec. 30, just as corporate and the rest of America was getting ready to celebrate the New Year,...
↧
↧
Similar to college admissions, jury selections are vital to cases
You’re sorting through your mail and you see the dreaded letter from the Clerk of Court of Maricopa County: You’ve been summoned for jury duty. In some cases, you won’t need to actually go to the courthouse if you follow certain pre-screening rules. But just your luck, they need you to come in bright and early on the specified date to be screened by the judge and attorneys. More often than not, these jury summons end up not going far, but what if you are one of the ones who ends up serving on the jury of a high profile case? How are they picked? What qualifications and descriptions must one fit? For attorneys, the process of jury selection is almost like being a candidate for admission to a university—many details and qualities of each person are assessed in order to find the “perfect juror.” Luckily for attorneys and the courts, Maricopa County usually produces a broad and diverse pool of potential jurors, collectively called a jury…
↧
Gehe nicht über Los, begib‘ dich direkt ins Gefängnis
Wer etwas Böses getan hat – ein Verbrecher ist – der kommt ins Gefängnis, so lernen es bereits die Kleinsten im Kindergarten. Manchmal geht das sogar richtig schnell, nämlich dann, wenn ein Haftbefehl ergeht und Untersuchungshaft (U-Haft) angeordnet wird. Voraussetzung der Untersuchungshaft ist das Bestehen eines dringenden Tatverdachts gegen den Beschuldigten und dem Hinzutreten eines Haftgrundes gemäß §§ 112, 112a StPO. U-Haft: Gehe nicht über Los, begib‘ dich direkt ins Gefängnis Foto: txking / Shutterstock.com Untersuchungshaft wegen Flucht Hat der Beschuldigte bereits nach der Tat oder im Rahmen der polizeilichen Ermittlungen versucht, sich dem Strafverfahren durch Flucht zu entziehen, indem er sich ins Ausland abzusetzen versuchte oder an einem unbekannten Ort aufhielt, so kann, um sicher zu gehen, dass er nicht erneut untertaucht, bis zur Hauptverhandlung Untersuchungshaft angeordnet werden. …
↧
PROBABLE CAUSE: TEA AND SHOPPING
Probable cause. Ahh....the holy grail of criminal law. Thousands, probably tens of thousands of cases have discussed what it is and what it isn't. This probable cause journey is reported in the Washington Post here. Robert Harte a former CIA analyst and his grade school son went shopping at a gardening store for hydroponics to grow tomatoes for the young boy's school project. Big brother in the form of an officer in the parking lot recording plates of people who made "suspicious" buys at the gardening store, was watching. Harte's license plate was recorded. Lesson one: avoid gardening stores in the USA. For six months operation "Constant Gardner" (we are not making this up) did trash pulls of the Harte's trash at their suburban home in Kansas. They found suspicious "saturated plant material" in the garbage. Possible cannabis? (Cue ominous music). But in fact Mrs. Harte likes to drink…
↧
Distribution of Heroin in Massachusetts
Trafficking in heroin in Massachusetts is prohibited by Section 32E of the Controlled Substances Act. Often, attorneys must defend a drug crime like this one by using a motion to suppress evidence. In Commonwealth v. Alix, the defendant appealed from a conviction for possession with intent to distribute heroin and violating drug laws within 300 feet of a park or school. Before trial, the defendant filed a motion to suppress evidence that was seized at his home. He argued that the affidavit supporting the search warrant didn’t establish a connection between the alleged crime and his home. The motion was denied. The defendant appealed. The affidavit had claimed that a confidential informant had told police that a Hispanic man (who had the same first name as the defendant and drove a gray Saab) was selling heroin. Detectives became aware due to another investigation that the defendant had the name mentioned by the informant and drove a Saab. The informant initiated a…
↧
↧
Anti-Plaintiff Bias in the New Federal Rules of Civil Procedure
Patricia W. Hatamyar Moore, The Anti-Plaintiff Pending Amendments to the Federal Rules of Civil Procedure and the Pro-Defendant Composition of the Federal Rulemaking Committees, 83 U. Cin. L. Rev. 1083 (2015), available at SSRN. Robin Effron On December 1, 2015, several major amendments to the Federal Rules of Civil Procedure took effect. Some of these changes might, at first glance, seem dry and technical, such as shortening the time to serve process. Other changes, such as the addition of a so-called “proportionality” standard to the scope of discovery, have been the subject of heated debate in the months since the changes were proposed. While it might be tempting to dismiss all but the most controversial amendments as nothing more than footnotes in a new casebook, each of these amendments are part and parcel of anti-plaintiff trends in procedural rulemaking. Patricia Moore’s article should be required reading for any professor preparing to teach the new…
↧
Hammond’s Sentence: Just A Banal Miscarriage of Justice
That some crazies took over the administration building of the Malheur National Wildlife Refuge is a sideshow, having nothing to do with the sentences, and reversal and remand of those sentences, by the 9th Circuit in United States v. Hammond. And none of the hoopla surrounding this craziness implicates the other sideshow, the racial divide in treatment by law enforcement. The signal to noise ratio surrounding the Hammonds’ case is off the charts, making it nearly impossible to focus on any particular salient issue. And while each of these issues may be worthy of discussion, assuming anyone can focus sufficiently on one without devolving into the cesspool of craziness, the rationale of the 9th Circuit for reversing the sentence imposed by District of Oregon judge Michael Hogan is the sole issue this post will address. Ken White does a “lawsplainer” at Popehat that addresses many of the other loose ends that seem to confuse people, and…
↧
Less OVI Checkpoints, More OVI Arrests
Did you notice there were less OVI checkpoints this year? Ohio State Highway Patrol troopers made the decision to change from an OVI checkpoint strategy, to a more concentrated OVI patrol strategy. So, how many OVI arrests did the Ohio State Highway Patrol make over night Dec. 31 into Jan. 1 in our area? Numbers from a 12-county area, including Montgomery and Miami counties, shows 19 OVI offenses. Those numbers include: 7 from the Dayton post that covers Montgomery and Preble counties; 2 from the Springfield post for Clark and Champaign counties; 3 from the Xenia post in Greene County; 6 from the Piqua post that covers Miami, Darke, Shelby, Mercer and Auglaize counties; 1 from the Lebanon post that covers Warren County; and 3 from the Hamilton post that covers Butler County Across Ohio, there were three fatal crashes compared to 10 during the same period last year. This is significant because this year marked a change in strategy for the OSP. They used less…
↧
More Pages to Explore .....
