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Tweet Your Questions for Panel Discussion with Director Michael Moore

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On Thursday, January 21, the Innocence Project will welcome Oscar-winning film director Michael Moore to sit down with Innocence Project Co-Founder Barry Scheck for a lively and informative conversation that will explore issues of criminal justice as related to wrongful convictions and the innocence movement.  The event is being held as an opportunity to take a deeper look at some of the issues that Moore examines in his new documentary Where to Invade Next, which is already being hailed by the New York Times as “Moore’s most far-reaching film.” The Innocence Project will be live tweeting the event and is inviting you to submit your criminal justice-related questions for Michael Moore, Barry Scheck and other participants such as Raymond Santana of the Central Park Five and Innocence Project Director of Policy Rebecca Brown. Leave your questions for them in the comments below. We will post a video of their responses to community questions by the end of…

The Process and Options in Iowa Collection Matters

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Obtaining a judgment often requires significant time and effort for litigants. Unfortunately, just having a judgment does not mean immediate payment. Collection is often required. Iowa law provides a process that a judgment-creditor (a party holding a judgment) must use to collect from a judgment-debtor (the party who owes the judgment). This process is long-standing and utilizes terms and rules that many litigants find unfamiliar. Nevertheless, it is important to follow this process. The post-judgment collections process begins with applying … Continued

Disconcerting backstory apparently explains quick departure of DOJ's Pardon Attorney

"Free computers for inmates? It’s latest deal at Sacramento County jail"

Bigamy in Utah – Equal Rights for all Marriages

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Following the legalization of same-sex marriages, those wishing to practice bigamy in Utah may be wondering if and when there will be equal rights for all marriages. Marriage equality On June 26th, 2015 the U.S. Supreme Court ruled that same-sex marriages were to be legal in all fifty states. This ruling from the Supreme Court […] The post Bigamy in Utah – Equal Rights for all Marriages appeared first on Salt Lake Criminal Defense.

South Florida Police Task Force under Money Laundering Federal Investigation

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Some would say that the exclusive island village of Bal Harbour, Florida doesn’t even need a police department. With a population of just more than 2,500 residents; as of the latest census, the town’s crime rate is minimal in comparison to other parts of Miami-Dade County. In addition to its permanent residents, Bal Harbour boasts close to fifteen percent of Miami’s overall tourism (as of 2014), with luxury hotels such as The Ritz-Carlton and St. Regis as well as the world class luxury Bal Harbour Shops, Bal Harbour Beach and Haulover Beach Park. The latest statistics show a total of two violent crimes included in the one assault and robbery that occurred, with the rate of murders and rape exhibiting at zero. There were only two vehicle thefts last year which amounts to a miniscule percentage when compared to the overall incidents of motor vehicle theft in the entire county of Miami-Dade. Complete crime statistics can be found by clicking here. So it may…

CM/ECF (Electronic Filing) in the 7th Circuit Court of Appeals Federal Court

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CM/ECF, which stands for Case Management/Electronic Case Files, is the system used to efile and access court documents for the 7th Circuit Court of Appeals Federal Court. The CM/ECF electronic filing system for the 8th Circuit Court of Appeals can be accessed at https://ecf.ca7.uscourts.gov/cmecf/servlet/TransportRoom?servlet=Login A related system named PACER, which stands for Public Access to Court Electronic Records, allows for read-only access to some court documents.  PACER can be accessed at https://www.pacer.gov/

AND NOW A JUDGE COMMITS A CRIME?

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We received the below stated email from a source who was present in embattled Judge Seraphin's courtroom today. We've been waiting for this situation to arise for some time. Judges, by virtue of the threatening signs that they post in their courtrooms, often threaten to confiscate the phone of a person in their courtroom. By what right and authority can a judge take a piece of personal property of another person? None that we're aware of. Florida's Forfeiture statutes state (in part)(1) It is the policy of this state that law enforcement agencies shall utilize the provisions of the Florida Contraband Forfeiture Act to deter and prevent the continued use of contraband articles for criminal purposes while protecting the proprietary interests of innocent owners and lienholders and to authorize such law enforcement agencies to use the proceeds collected under the Florida Contraband Forfeiture Act as supplemental funding for authorized…

What should I wear to court?

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Do you have to appear in court? Do you already know what you are going to wear to court? A court hearing is an important event in your life and you should be ready for it. Let’s talk today about the etiquette required in court and start with the courtroom dress code. There is no codified rule that will tell you what exactly to wear in court. At the same time, people in the court expect you to treat them with respect. So, treat them with respect, treat everything like it matters. Dressing appropriately is one of the ways to do that. That will also help your attorney (public defender or an attorney that you hire) to represent you. That is why it is a good idea to wear a suit and a tie in court. If you do not have a suit, that is all right, you do not have to wear one. Pants and a shirt will work for you. However, try to avoid hats, bandanas or any head dress if it is not a part of your religious attire. Do not wear any revealing clothing. Your clothing must cover all…

Netflix Series, Making of a Murderer, Generates Over 275,000 Signatures on a Petition to President Obama for Parson

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Earlier this month, over 275,000 signed a petition and sent it to President Obama requesting a pardon for Steven Avery, the main character of the real life Netflix mini series. The Netflix ten-part series, Making of a Murder, has brought forward a public outcry and has motivated a great many U.S. Citizens to voice their lack of faith in the criminal justice system in the United States. The series is about Steven Avery’s rape conviction, eighteen-year incarceration, subsequent exoneration and release, the wrongful incarceration law suit and finally a murder conviction following hard upon his release and lawsuit.  The story of Mr. Avery’s rape conviction, incarceration and subsequent murder conviction has spotlighted what has been portrayed as corruption and a venal manipulation of evidence, and the courts by the police to silence a wrong by imposing an additional wrong.. In what is an epiphany for many, the criminal justice system is seen as a system that is…

Dangerously Sloppy Language in the Hurst v. Florida Opinion

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Throughout the United States Supreme Court's modern capital punishment jurisprudence, it has clearly distinguished two separate determinations to be made in capital sentencing.  The difference is explained in, among many other cases Tuilaepa v. California, 512 U.S. 967, 970-971 (1994):Our capital punishment cases under the Eighth Amendment address two different aspects of the capital decision-making process: the eligibility decision and the selection decision. To be eligible for the death penalty, the defendant must be convicted of a crime for which the death penalty is a proportionate punishment. Coker v. Georgia, 433 U. S. 584 (1977). To render a defendant eligible for the death penalty in a homicide case, we have indicated that the trier of fact must convict the defendant of murder and find one "aggravating circumstance" (or its equivalent) at either the guilt or penalty phase.*           …

Fingerprint Identification

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Fingerprint identification is perhaps the most important and well-known form of biometrics. Virtually everyone understands the basics: fingerprints are unique to each individual and contain markers that can be used to compare samples and identify the person responsible for leaving a fingerprint mark with substantial reliability. Although not always as “cut and dry” as they appear in crime dramas, fingerprints are a steady tool of law and a source of many interesting scenarios. Years ago, I represented a client in a dependency matter. The situation was complicated because the child was a teenager whose behavior was out of control. The parents, divorced but able to work together to raise their three children, were at the end of their rope with their 14-year-old, who had been diagnosed with Oppositional Defiance Disorder. CPS, now known as DCS, got involved at their beckoning. The child ultimately received treatment while in CPS care and now, many years later, is a…

When Are My Rights If I Am Not a U.S. Citizen?

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The American Civil Liberties Union provided the following information about this topic: Non-citizens are persons who do not have U.S. citizenship, including lawful permanent residents, refugees and asylum seekers, persons who have permission to come to the U.S. for… The post When Are My Rights If I Am Not a U.S. Citizen? appeared first on Chapman Criminal Defense Firm.

PAUL KAMINISKY HAS PASSED AWAY

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Assistant Public Defender Paul Kaminsky passed away this week. Paul had a well deserved reputation as one of the nicest lawyers at the PDs office. He always had time to mentor a young lawyer. Funeral Services on January 22, 2016 at Mount Nebo/Kendall Memorial Gardens at 5900 SW 77th Avenue at 2PM. We didn't know Paul very well, so if you post a comment we might just put it up here on the front page. Site Feed

Initial DACA Grant

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(This begins our three-part series on the development of Deferred Action for Childhood Arrivals, its proposed expansion, DAPA, and the recent developments in the US Supreme Court) On June 15, 2012, President Barack Obama unveiled the Deferred Action for Childhood Arrivals program (DACA) to protect certain classes of undocumented immigrants. Under this program, the US Department of Homeland Security would not remove undocumented youth who had come to the United States as children if they had met certain criteria. Instead, these youth would be “DACAmented” and given a number of benefits that were previously unavailable to them, including the temporary permission to stay in the US under “deferred action.” To be eligible for the initial DACA guidelines, an applicant must: Have been under the age of 31 as of June 15, 2012 (been born on or after June 16, 1981); Have entered the United States before reaching your 16th birthday; Have continuously resided in the…

An Attempted Offense Is Not an Aggravated Offense

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A case from the court of appeals this week answered a longstanding question about which offenses are “aggravated” for sex offender registration and satellite-based monitoring (SBM) purposes. In State v. Barnett, __ N.C. App. __ (Jan. 19, 2016), the defendant was convicted of attempted second-degree rape. The trial court found that conviction to be an “aggravated offense” as defined in G.S. 14-208.6(1a), and thus ordered lifetime sex offender registration and lifetime satellite-based monitoring. An aggravated offense, you’ll recall, is one that involves vaginal, anal, or oral penetration, either by force or threat of serious violence, or with a victim who is less than 12. Aggravated offenders must indeed register (G.S. 14-208.21) and submit to SBM (G.S. 14-208.40(a)(1)) for life. On appeal, the defendant argued that under our well-established rule for determining which offenses are aggravated, an attempted offense can never be an aggravated offense.…

Los Angeles City Councilman’s Conviction for Voting Fraud & Perjury Overturned by Appeals Court

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In 2014, former Los Angeles city councilman Richard Alarcon and his wife, Flora, were convicted on charges of perjury and voting fraud.  According to news reports, the couple lived in Sun Valley, but claimed they lived in Panorama City so that Alarcon could represent the district.  The Alarcons appealed the conviction, and were successful. According to an article at the Los Angeles Times, a panel of justices with the 2nd District Court of Appeals found the trial judge in the case had issued improper instructions to the jury.  Superior Court Judge George Lomeli instructed the jury in the case, however the appeals court justices ruled that “we cannot conclude that the instructional error was harmless beyond a reasonable doubt.” Alarcon was convicted on one count of perjury, and three counts of voter fraud; his wife was found guilty on one perjury count and two counts of voter fraud.  The Alarcon’s defense attorney argued at trial that the…

FAQ: Steven Avery and Brendan Dassey Cases and "Making a Murderer"

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What role did the Innocence Project play in the cases against Steven Avery?  None. The Innocence Project, which is located in New York, has not been involved in either of the cases detailed in the documentary series. The Wisconsin Innocence Project represented Steven Avery in overturning his 1985 attempted rape and attempted murder case. The Wisconsin Innocence Project secured DNA testing that proved Avery’s innocence of that crime and identified convicted sex offender Gregory Allen as the true perpetrator. (You can read a description of that case from the perspective of victim Penny Beernsten here.) Kathleen Zellner of Downers Grove, Illinois, and the Midwest Innocence Project have agreed to represent Avery in his challenge to the 2007 conviction for the murder of Teresa Halbach. The Center on Wrongful Convictions of Youth is representing Avery’s nephew, Brendan Dassey, in that case.  The Innocence Project,…

When a Night Out turns out to have an Unexpected Ending.

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A dinner party with friends, a cocktail party to celebrate a promotion, a wedding celebration, a graduation party: all of these are examples of get-togethers that can end in DUI despite the best of intentions. For instance, if you have a glass of wine at dinner, you can be pulled over for DUI, whether or not you actually register as being legally intoxicated.   If you appear to be intoxicated, the law enforcement officer who pulled you over can place you under arrest for DUI. Our DUI defense

Cruz on Policing v. Schooling

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Ivan G. Lopez Cruz (Indiana University Bloomington - Center for Applied Economics and Policy Research) has posted Policing, Schooling and Human Capital Accumulation on SSRN. Here is the abstract: A substantial body of empirical and policy literature argues that schooling...
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