It is in vogue right now – at least over at Fault Lines on the Mimesis Law website – to remind people that cops allegedly have dangerous jobs, because they often travel to the scene of situations that could be dangerous for them. Scott Greenfield, who writes half the blog posts on the Internet these days,1 has his article. The words are easy to read; figuring out what he’s saying, perhaps not so much. And Scott’s article about heroes who run towards danger was itself a response to an earlier Fault Lines post by Ken Womble, which more directly apologized to cops for all the mean things he’s said about them, and for his failure to write about the criminals he’s known, and represented, and for which he forgot to thank the cop’s for apprehending. I guess. Don’t expect any apologies to cops on this blog. Some cops at some times do some good things. And Brazilian wasp venom allegedly can cure cancer, too. But when I had…
Red Herrings & Cop Apologetics
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Limiting Geographic and Temporal Discovery in False Claim Act Cases: Dalitz v. Amsurg Corp.
Dear Readers:Relators in False Claims Act ('FCA") cases are always looking for more discovery in order to expand their qui tam claims and put pressure on the defendants, especially in health care qui tam cases where the FCA penalties can easily dwarf any damage claims. Thankfully, courts in FCA cases are increasingly willing to impose reasonable limits for both the geographic scope and time period for discovery. See e.g., here and here. A recent example of this trend may be found in the case of Douglas Dalitz et al. v. Amsurg Corp., et al, 2:12-cv-2218-TLN-CKD (December 15, 2015, E.D. CA). In Dalitz, the Court refused to permit the relators to conduct nationwide discovery when they had only alleged FCA violations at one California location of the defendants. The Court also rejected the relators' request for 8 years of discovery and confined the scope of discovery to a much shorter period.The Court based its ruling primarily on three different…
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Prior Convictions, Once Again
A chronic headache in writing and applying laws dealing with prior convictions is that the prior may have come from a different jurisdiction, and many crimes are defined differently across jurisdictions. The U.S. Supreme Court has struggled for years with the Armed Career Criminal Act to determine what convictions count as priors.Today the Supreme Court took up Mathis v. United States, No. 15-6092. The Question Presented is:Whether a predicate prior conviction under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(l), must qualify as such under the elements of the offense simpliciter, without extending the modified categorical approach to separate statutory definitional provisions that merely establish the means by which referenced elements may be satisfied rather than stating alternative elements or versions of the offense?Paragraph (e)(1) is the "three strikes" provision:In the case of a person who violates section 922(g) of this title and has…
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New Jersey Laws Regarding Alcohol, Minors, and DWI
New Jersey law regulates alcohol in numerous ways, from licensing sellers to penalizing the possession of alcohol by minors. These laws are distributed among various state codes, including the provisions on driving while intoxicated (DWI) found in Title 39, “Motor Vehicles and Traffic Regulation.” Laws dealing with the possession of alcohol by minors, defined as anyone under the age of 21 years, are found in both Title 33, “Intoxicating Liquors,” and Title 2C, the New Jersey Code of Criminal Justice. Local governments in New Jersey, such as cities and boroughs, may enact their own ordinances regarding MIP, which has created some interesting legal history. The offense of minor in possession of alcohol (MIP) has some similarities to DWI law in New Jersey. The most obvious similarity between DWI and MIP is that they both involve alcohol. They may also both result in a driver’s license suspension. If we look a bit deeper, we see that neither…
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"Are Journalists Too Soft On Pot?"
The question in the title of this post is part of the headline of this lengthy and effective piece by Joel Warner at International Business Times. I recommend the piece in full, and here are excerpts: After decades of critical reporting on marijuana issues, if they bothered to cover the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/GH_Tx_Lupuc" height="1" width="1" alt=""/>
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Fisher on Drug Court Sanctions
Caitlinrose Fisher has posted Treating the Disease or Punishing the Criminal?: Effectively Using Drug Court Sanctions to Treat Substance Use Disorder and Decrease Criminal Conduct (Minnesota Law Review, Vol. 99, No. 747-781, 2014) on SSRN. Here is the abstract: Drug...
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New FBI data indicates violent crime up, property crime down in first half of 2015
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ISIS Eulogizes Jihadi John, Says Joined al-Nusra Before ISIS
The new issue of Dabiq Magazine (#13) released today contains tributes to several fallen ISIS members, including "Jihadi John." I'm not linking to Dabiq so here's a link to a news article about it. But I am interested in some details as to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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What Happens If You Are Convicted of DWI After Blowing a 0.15% BAC or Higher in Wilmington, NC?
Wilmington DWI attorney Gint Krulikas In almost all situations, getting convicted of a DWI is a serious and troubling event. However, a DWI conviction becomes far more serious if the person registered a high BAC (Blood Alcohol Concentration) on a breath or blood sample. As such, what happens if you are convicted of DWI after blowing a 0.15 BAC or higher in Wilmington, NC? North Carolina DWI In North Carolina, DWI laws carry a harsher punishment for those individuals who are convicted with a high BAC. By statute, this means blowing a 0.15 BAC or higher. This is done not only to deter people from drinking heavily and driving, but also to add a harsher punishment to a DWI conviction that results from a high BAC. Aggravating Factor Sentencing The first way that a blow of 0.15 BAC or higher will affect you in a DWI conviction is in producing an aggravating factor during sentencing. In North Carolina, an individual who is convicted of a DWI is subject to six…
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CFPB Compliance Bulletin Outlines Requirements for Automatic Debit Authorization
On November 23, 2015, the Consumer Financial Protection Bureau (CFPB) issued a Compliance Bulletin reminding covered entities of their obligations under the Electronic Fund Transfer Act (EFTA) and Regulation E to obtain consumer authorization before automatically debiting a consumer’s account for preauthorized electronic funds transfers (EFTs). Before issuing the Bulletin, the CFPB observed that some companies had not fully complied with the requirements of the EFTA and Regulation E, and that others may not be certain of how these requirements intersect with the Electronic Signatures in Global and National Commerce Act (E-Sign Act). Despite this uncertainty, the Bulletin emphasizes that the CFPB will take appropriate action against entities that fail to comply with their obligation to obtain consumer authorization. The Bulletin expressly outlines the requirements under the EFTA and Regulation E for entities that obtain consumer authorizations for preauthorized EFTs.…
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Menacing And Assault Charges Reduced To Disorderly Conduct In Neighbor Dispute Involving Firearms
The attorneys at Luftman, Heck & Associates recently represented a client after an unfortunate neighbors dispute involving firearms. Our client’s neighbors crossed onto our her yard and carried a firearm with them at which point our client’s son produced his own gun from inside the house. The mother promptly took the gun away from her [...]The post Menacing And Assault Charges Reduced To Disorderly Conduct In Neighbor Dispute Involving Firearms appeared first on Columbus Criminal Attorney.
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The Right Kind of Sentencing Reform
Does the country need sentencing "reform" that would release hard drug traffickers early, on the false promise that they are "non-violent"? Wendell Callahan, the knife-wielding cocaine dealer given not one but two sentencing "reform" breaks, has already shown us the answer.Does the country need sentencing reform in which people who don't know, and have no sensible reason to know, that they have broken the law, are no longer sent to prison?Senator Orin Hatch and House Judiciary Chairman Bob Goodlatte think so, and I agree. They make their case here; I made mine in the Harvard Journal of Law and Public Policy, here.
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Texas Middle School Teacher Placed on Leave as Investigation of Alleged Sexual Assault Unfolds
Yesterday it was announced that James Smith, a P.E. Teacher and coach at a middle school in the Rockwall Independent School District, had been put on administrative leave while he is being investigated for the alleged sexual assault of a child. According to the Dallas Morning News, an email was sent to parents informing them of the situation. The email claims that Rowlett Police said no Rockwall ISD students, property, or schools are involved in the investigation. A request by Dallas Morning News for comment from police on the matter was not addressed at the time the news story broke, and investigation details were unavailable. Smith has been teaching in the Rockwall ISD for seven years according to the school’s website, and coached boys’ athletics. Sexual assault can mean many things, from inappropriate touching to penetration. The penalties in most states for sexual assault of a child are serious, particularly when penetration is involved. …
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Criminal Disposal of Hazardous Waste Charges in Illinois
The crime of Criminal Disposal of Hazardous Waste in Illinois is defined by 415 ILCS 5/44 as follows: (c) Criminal Disposal of Hazardous Waste. (1) A person commits the offense of Criminal Disposal of Hazardous Waste when, without lawful justification, he knowingly disposes of hazardous waste. (2) Criminal Disposal of Hazardous Waste is a Class 3 felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Criminal Disposal of Hazardous Waste is subject … Continued
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Most Wanted: Automatic Emergency Brakes
There are several reasons why I like Volkswagen’s new “Dad, Stop!” commercial showcasing the emergency braking system in the 2016 Passat. First, I drive a teenager to school. He jumps out of the car as quickly as possible when we arrive. Apparently there is nothing to be gained socially by being seen with your mother. So I can identify. Second, I was rear-ended a few weeks ago. The back of my car was damaged, and the car that hit mine had to be towed from the scene. All of its airbags deployed on impact. I’m just glad no one was hurt. Automatic emergency braking (if it works the way it appears to in the commercial) would have prevented that accident.Third, my mother looked over at me in a similar way to the dad in the commercial as we were leaving my wedding rehearsal many years ago. When she looked back ahead, she saw brake lights. She swerved off the road to avoid hitting the car in front of us and ran over a fire hydrant. What a mess.…
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Findley on Eyewitness Identification Reform Strategies
Keith A. Findley (University of Wisconsin Law School) has posted Implementing the Lessons from Wrongful Convictions: An Empirical Analysis of Eyewitness Identification Reform Strategies (Missouri Law Review, Forthcoming) on SSRN. Here is the abstract: Learning about the flaws in the...
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Washington Supreme Court Finds No Alternative Means to Commit DUI Under Prior Statute
The Supreme Court of Washington issued a recent opinion in the case of State v. Sandholm (Wash. Dec. 3, 2015), interpreting the former version of the driving under the influence (DUI) statute, RCW 46.61.502, in order to determine the number of alternative means of committing an offense under the statute. In addition, the court analyzed former RCW 9.94A.525 to decide how offender scores for prior convictions are calculated. In Sandholm, the defendant was pulled over while driving and ultimately charged with felony DUI, as a result of his prior DUI offenses within 10 years. At trial, the jury instructions presented two alternative statutory means to commit DUI: (1) that the defendant was under the influence of alcohol or drugs, or (2) that the defendant was under the combined influence of alcohol and drugs. The defendant appealed the verdict against him, arguing that the jury instruction was erroneous, since there was no evidence to support a conviction based on drug…
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News Scan
'Fast and Furious' Rifle Found in El Chapo Cache: A .50-caliber rifle capable of taking down a helicopter found in the house where Joaquin "El Chapo" Guzman was staying was funneled through the bungled gun-smuggling operation known as Fast and Furious. William La Jeunesse of Fox News reports that the Fast and Furious sting investigation comprised of federal agents allowing criminals to buy guns in Phoenix-area shops with the intent of tracking them, but instead, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives lost track of 1,400 of the 2,000 guns involved. The discovery marks the third time a weapon from the botched operation has been found at a high-profile Mexican crime scene. Over Half a Million People Overstayed Visas in 2015: A government report released Tuesday evening revealed that over 500,000 foreign nationals who received temporary visas to enter the U.S. overstayed their permits last year. Anna…
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Opinion upholding capital sentencing instructions and proceedings
Justice Scalia delivered the opinion for the Court in Kansas v. Carr, concluding that the instructions in question did not suggest that mitigating factors must be found beyond a reasonable doubt and that no error occurred in holding a joint...
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BAILIFFS ARE CLOSING COURTROOMS AGAIN ON THEIR OWN
It keeps happening. Some lunkhead wearing a uniform makes a statement before the Judge enters the courtroom that only defendants are allowed in the courtroom. Then he kicks out everyone else.News flash: courtrooms are public places. Courts in Florida are open proceedings. There are of course exceptions. This is not about keeping a court open if a child is testifying. This is about public access to the daily administration of the courts in Miami-Dade. If this keeps up, we may have to file a lawsuit.* Crowded courtrooms? Call the county commissioners and get them to fund a new courthouse. Not our problem. Go in the hallway and get a list of names of defendants who are in the hallway. But you cannot just kick people out of an open courtroom because its a Tuesday and court was closed Monday and its a big calendar. Both the Sixth Amendment to the United States Constitution and article I, section 16 of the Florida Constitution provide the…
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