Yesterday, on January 12th, 2016, the U.S. Supreme Court ruled that a portion of Florida’s capital punishment system is unconstitutional. The Supreme Court, in striking this portion, found that only a jury can make the necessary findings that the defendant’s taking of the life of the victim was cruel, unusual, or heinous. Under Florida’s capital punishment system, the jury is not required to make findings or required to make the vote unanimous and instead the judge makes the findings of fact required by the U.S. Constitution before the death penalty could be imposed. But now the Supreme Court’s ruling has rendered this procedure in Florida unconstitutional. The U.S. Supreme Court decision was rendered in Hurst vs. Florida, No. 14-7505, in which Timothy Lee Hurt was convicted and sentenced in 2000 for the 1998 murder of Cynthia Lee Harrison in Escambia County, Florida. The Court took a look at Florida’s statutory set…
Florida’s System for Imposing Death Penalty is Ruled Unconstitutional
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Teens Get Prison for Armed Robbery Spree; Plead Guilty to Evading Police
Earlier this month, two teens, Victor and Jonah Ledesma, 19 and 18, were sentenced to prison for robbing pedestrians at gunpoint and knifepoint during a crime spree in the Hillcrest, University Heights, North Park, and La Jolla communities. The two teens had pleaded guilty to robbery, auto theft and evading police back in September. Victor Ledesma already had a robbery conviction, so he was sentenced to 21 years and four months imprisonment. Judge Timothy Walsh sentenced Jonah Ledesma to 13 years in prison. Additionally, two additional 15 year olds were arrested in connection to the crimes connected by the Ledesmas, but they were prosecuted in Juvenile court. Deputy District Attorney Jim Koerber said nine victims were held up during six robbery incidents. The event that led up the suspects’ arrests occurred in Mission beach, when their car ran over a spike strip and smashed into another car. They were trying to evade the police in a car chase at the time. Evading a…
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Is Single Payer More Progressive Than ACA?
I'm honestly surprised to be asking the question in the title - thinking the answer would be "of course it is!" But the structure of ACA, with Medicaid expansion and means tested insurance subsidies makes this not so clear according to Austan... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Making a Murderer
“Making a Murderer”. Photo: Courtesy of Netflix. It has been tough getting into the swing of things after the holidays. It’s not because there is nothing to talk about; quite the contrary. With Affluenza Teens and Bill Cosby and stand-offs on Federal Land it’s an embarrassment of riches when it comes to legal subject matter right now. Then I binged Making a Murderer last weekend on Netflix. WOW. Everyone with even a slight interest in how criminal cases really work in real life needs to see this. It’s like the O.J. case on steroids. You just know I had to write about it. For now, I am going to try to avoid getting into the central issue of the case, which of course is supposed to be the central issue in EVERY criminal case (but, unfortunately, frequently isn’t): Guilt or Innocence. The main thing I want to emphasize about this case is that even after you set aside the central issues – like whether Avery and his young nephew,…
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Ferguson Effect in LA
Manhattan Institute scholar Heather McDonald makes the case that as a result of a narrative advanced by the Black Lives Matter movement labeling police racists, proactive policing had declined, contributing to a dramatic increase in crime reported in Los Angeles. Her piece in today's Los Angeles Times documents sharp rises in violent crimes, including homicides, assaults and shootings in many U.S. cities. As this is going on a bipartisan coalition in Congress is poised to pass a bill that would cut sentences for drug dealers and allow several thousand dealers and habitual felons to be released early from federal prison back into already violent and drug infested cities. What could possibly go wrong?
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EDSB: Neue Leitfäden zu elektronischer Kommunikation und mobilen Geräten sowie Prioritäten für 2016
Neue Leitfäden Mit Medienmitteilung vom 5. Januar 2016 stellte der Europäische Datenschutzbeauftragte (EDSB) je einen neuen Leitfaden zur elektronischen Kommunikation ("Guidelines on personal data and electronic communications in the EU institutions") sowie zu mobilen Geräten ("Guidelines on the protection of personal data in mobile devices used by European institutions") für EU-Organe und Einrichtungen vor. Darin werden Empfehlungen sowie Erläuterungen u.a. zu folgenden Themengebieten abgegeben:Systems security and traffic managementBilling and budget management Access to e-mails in the absence of the employeeBYODMobile device managementDer EDSB hält ferner fest, dass die oben genannten Leitfäden für jedermann bzw. jede Organisation hilfreich sein könnten, da die massgebenden Bestimmungen der Richtlinie 95/46/EG ("allgemeine" Datenschutzrichtlinie) sowie der Verordnung (EG) Nr. 45/2001 …
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New Orleans's Cash-Strapped Public Defenders Are Refusing to Take on Serious Felonies
1-13-16 Louisiana: As anyone who's ever watched a cop drama knows, if you're charged with a serious crime in America, you have the right to an attorney. If you cannot afford a lawyer, one will be provided for you, most likely from your city's public defender office. In New Orleans, that changed this morning. Public defenders in New Orleans say they will begin refusing new cases involving
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SPRINGFIELD EX-COP IS INDICTED FOR THEFTS IN DRUG CASES
Kevin Burnham, a “decorated and highly-respected” Springfield police officer who retired in 2014 (and hereinafter, the “Defendant”) has been indicted with stealing approximately $385,317 which had been evidence in 170 drug cases. He has pleaded “not guilty” and released on his own recognizance. The Defendant must turn in his passport, not travel out of state without Probation Department permission, turn his guns over to counsel who must give them to any successor counsel, and give his license to carry firearms to the police commissioner. The defense attorney at the bail hearing was appointed “for arraignment only” and so now the Defendant must find his own criminal defense attorney by January 19th. The Indictments charging the Defendant with larceny counts name a timeline of more than a four year period . According to the BOSTON HERALD and MASSLIVE, Boston’s Attorney General’s investigation revealed that between…
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Kansas Exoneree Pushes for Recorded Interrogations Law
By Ariana Costakes A three-part feature in the Topeka Capital-Journal delves into the wrongful conviction case of Floyd Bledsoe, who served 15 years in prison for the murder of his 14-year-old sister-in-law before being exonerated in December of 2014. Floyd’s brother Tom initially confessed to the crime, led the police to the girl’s body and turned over the murder weapon but later recanted, claiming Floyd was the perpetrator. No evidence tied Floyd to the crime aside from his brother’s testimony. Floyd was found guilty and sentenced to life in prison in 2000. Last fall, the Midwest Innocence Project and the Paul E. Wilson Project for Innocence and Post-Conviction Remedies at the University of Kansas School of Law filed a motion for a new trial for Floyd based on DNA evidence from the girl’s rape kit which excluded Floyd and included Tom. Shortly thereafter, Tom took his own life, leaving behind three suicide notes and voice messages confessing to the…
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Page Pate Interviewed on El Chapo Extradition and Sean Penn Meeting
The post Page Pate Interviewed on El Chapo Extradition and Sean Penn Meeting appeared first on .
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"More Prison, Less Probation for Federal Offenders"
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Thursday Afternoon Open Thread
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Recent Crime in Broward County violated Florida’s Grand Theft Statute
One of the most violating experiences you can experience throughout your life is your property being stolen from you. No matter whether it is your car, jewelry or a priceless painting, your property being taken from you without your prior consent can cause severe stress and emotional anguish. In Florida, Grand Theft is considered any property valued over $300 that you have been permanently deprived of to use and enjoy. Florida has various degrees of Grand Theft that have an affect on the severity of the punishment. If you are ever faced with theft, it is important to know what your rights are and what you can recover if your property is lost indefinitely. “Section 812.014 of the Florida Statutes defines Grand Theft as someone who is using the property of another with the intent to deprive them of the use of that property either temporary or permanently.” Any property valued over $300 falls under this statute. If someone enters your home and/or takes any of your…
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[VIDEO] How NOT to Get Your Speedometer Calibrated
There is a HUGE difference between a speed sensor replacement and a speedometer calibration. Let’s take a look at the difference and find out which one will help you in court. Video Transcription How not to get your speedometer calibrated. Hi, I’m Andrew Flusche. I’m your Virginia traffic and misdemeanor attorney. You’d be surprised how many times people come into court with what they claim to be documentation about their speedometer being off and the judge looks at it and says “I can’t tell what this says. This doesn’t actually say anything about what your speedometer was doing.” What happens quite often is people take their vehicle to their regular mechanic and their regular mechanic does some tinkering around and charges them a couple hundred dollars and gives them a receipt that says the speed sensor was replaced or in the best case scenario like this the mechanic will give them a report that says “Speedometer was off…
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Innocence Project Applauds Governor Cuomo for Proposing Legislative Reforms to Protect Against Wrongful Convictions
Proposal would mandate recording of certain interrogations, reforming of identification procedures (New York, NY – Jan. 14, 2016) –Governor Andrew M. Cuomo’s 2016 agenda includes a proposal to create legislation that would help prevent wrongful convictions based on false confessions and misidentification. The Governor’s proposal would require the recording of custodial interrogations in certain cases and reform New York’s use of identification procedures. In response, Barry Scheck and Peter Neufeld, co-founders and co-directors of the Innocence Project, which is affiliated with Cardozo Law School, released the following statement: “The Innocence Project is thrilled that Governor Cuomo has proposed amending New York law to address two of the largest causes of wrongful conviction -- eyewitness misidentifications and false confessions -- by requiring the recording of interrogations for certain criminal cases and reforming…
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Civil Suit For Broadcom Founder After Alleged Domestic Violence
Billionaire and Newport Coast resident, Henry Nicholas, is being sued by former girlfriend of 6 years for $70 million. Nicholas’s former girlfriend, Melissa Montero, filed the suit after attempting to help Nicholas during, what she describes as, a spiral of drug abuse and erratic behavior. In the suit, Montero makes claims for intentional infliction of emotional distress, breach of contract, assault and battery, and domestic violence. Nicholas, a co-founder of the tech firm Broadcom Corp., has a history with drug use and alleged trafficking. In 2008, he was indicted for conspiracy to distribute illegal drugs that included methamphetamine and cocaine. Those charges were later dropped. Included in the suit are allegations that Nicholas hid the extent of his drug use from Montero. Drugs cited in the case include cocaine, ecstasy, painkillers, and methamphetamine. As a result of the drug abuse, Nicholas’s behavior worsened over time, and eventually led to severe…
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MN Appeals Court: Warrantless Urine Tests for DWI Are Unconstitutional
Warrantless urine tests are indeed unconstitutional, the Minnesota Court of Appeals ruled in late December. Therefore, those suspected of driving drunk should not be charged for refusing to comply with them. The court’s decision stems from the case of Ryan Thompson, a man stopped in 2012 for driving under the influence after leaving a bar in Owatonna. Thompson hit the curb, failed a field sobriety test, and was subsequently charged with 2nd degree refusal for failing to agree to a urine test. According to a report from the Pioneer Press, the court found that the charge affected “his fundamental right to be free from unconstitutional searches.” Such reasoning is evident in the U.S. Constitution’s 4th amendment. The latest ruling essentially expands on what the court determined in October when it also found that like urine tests, warrantless blood tests were also unconstitutional. At the time, Judge Jill Flaskamp described blood tests as “serious…
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The New Irreconcilable Differences Standard for Divorce in Illinois
Effective January 1, 2016, Illinois did away with the “grounds” system for divorce that had existed for decades. Instead, now Illinois uses “irreconcilable differences” and can be thought of a as no-fault state for divorces. This change to Illinois law is a good one. In the past, a person wishing to get divorced in Illinois could only use irreconcilable differences as the initial basis for the divorce in Illinois if they had lives separate and apart from their spouse for a … Continued
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The “Evidence Necessary to Prove an Element” Limitation on Aggravating Factors
Under G.S. 15A-1340.16(d), “[e]vidence necessary to prove an element of the offense shall not be used to prove any factor in aggravation.” The general idea behind that rule is to prevent the defendant from getting extra punishment via an aggravating factor for something that is inherent in the crime of conviction. A similar prohibition existed under Fair Sentencing, so we have a relatively large body of case law that helps us understand the rule. In some cases the rule is easy to apply. If the defendant is convicted of robbery with a dangerous weapon, the “armed with or used a deadly weapon” aggravating factor is off limits. State v. Thompson, 62 N.C. App. 38 (1983). Evidence of a weapon is needed to prove an element of the crime, and it is thus off limits to prove the aggravator that says basically the same thing. Sometimes the prohibition is more subtle and kicks in even when it’s not immediately obvious that it should. That’s because the…
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When Can the Police Search My Home or Office? | West Palm Beach | Criminal Defense Attorney
When it comes to police home or office searches in Florida, a lot of people have questions and concerns regarding the legality of the searches and what their rights are during a search. When are … The post When Can the Police Search My Home or Office? | West Palm Beach | Criminal Defense Attorney appeared first on Chapman Criminal Defense Firm.
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