The headline in the Columbus Dispatch caught my eye.Study finds racial, gender bias in Ohio executionsI mean, damn. I'd figured that Ohio (the state that round at the ends and stoned in the middle) would be better than that. We are, after all, as our license plates sometimes say, "The Heart of It All" (whatever it might be).Oh, sure. I knew that every state where they'd done a competent study found that the likelihood of a death sentence went up significantly if the victim was white. And even more if the victim was also a woman. But surely, Ohio.I had a client scheduled to be executed in February 2007. Ted Strickland's term as governor began in January, and within a few days of his inauguration, I got a call from his chief legal officer. He wanted me to know that Governor Ted had given my client a reprieve until April so that he would have time to study the case and decide whether to grant clemency. Cool, I…
Breaking News: Sun Rises in East
↧
↧
How Feminist Dogma Creates More Girl-Crime
The scam was pretty good, as scams go. A 15-year-old was used as bait on Backpages to lure the sort of twisted guy who wanted a young girl, only to be met by a guy with an Airsoft gun, who robbed him, including forcing him to go to the ATM to empty his bank account. After all, there is a good chance the robbery victim wouldn’t go crying to the cops that he was there to commit a crime of his own, right? Yet, the scheme was revealed and the perps were caught and prosecuted, including the 15-year-old girl. That’s where the tears started flowing. On Facebook, Latesha Clay looks like any other 15-year-old girl. Her hair pulled back into a ponytail, she wears mostly sweats and sneakers in blurry selfies taken with friends and her many siblings. But on Jan. 11, Clay’s life took a drastic turn when she was sentenced to prison for up to 20 years. Her crime? The teen was the bait in a series of Backpage escort ads designed to lure men into a…
↧
Grieving Dr. Rosalind Griffin
It’s not exactly the newest game in town, as the cognoscenti have long appreciated the fact that lawyers are subject to professional oversight and discipline, and there is no downside to making a complaint against a lawyer. Any flaming asshole can do it. The worst that happens is you get a nice lawyerly letter telling you that you’re a moron. But a doc who does medical exams for insurance companies, which are humorously called “I.M.E.s,” for “independent” medical exams because insurance companies have better lobbies than plaintiff’s lawyers, has decided to use the grievance process to go after Michigan lawyer Steven Gursten for outing her. Via Turk: Now comes before us today one Dr. Rosalind Griffin, a Michigan psychiatrist, with a different tactic: Filing a grievance against lawyer Steven Gursten for blogging about a medical-legal exam that she did on one of his clients. Gursten was so ticked off at…
↧
Ever Had A “Natty?” Yes, You’ve Had A Natty!
I recently came across this article, Strange Brews: Natty Light on the Modern Drunkard Magazine site. Growing up in Ohio, drinking an Anheuser-Busch Natural Light was a rite of passage. How many of us, in college, sought to buy a 30 pack of beer for about 50 cents a beer? According to the site: Cheap beer is not a fresh idea, but for Natty it wasn’t supposed to be this way. Concocted by Anheuser-Busch in the 1970s, Natty was envisioned as the brewery’s elegant answer to the Miller Lite juggernaut. It wasn’t. Today it’s a punch line even to the people who buy it. And yet, according to Beverage Industry, Natural Light is currently the 5th best-selling beer in the U.S. Natty, it seems, is the beer that America both laughs at and loves. It’s been a strange journey. In addition to telling the not-so-successful story of the launch and early advertisements for Natty Light, the article also talks about the process of making and marketing the…
↧
Ineffective Assistance of Counsel, SpoofCards and Habeas Corpus
This post examines a recent opinion from the Appellate Court of Connecticut: Bozelko v. Commissioner of Correction, 2016 WL 305628 (2016). The court begins the opinion by explaining what the appeal involved and who was bringing it:Chandra Bozelko appeals from the judgment of the habeas court denying her petition for a writ of habeas corpus. She claims the court erred in denying her claim of ineffective assistance of trial counsel due to a failure to investigate effectively.She further argues that the court abused its discretion in denying certification to appeal. We dismiss the appeal.The petitioner claims her counsel provided ineffective assistance in the course of defending her against charges of jury tampering. She pleaded guilty to and was convicted of making telephone calls to jurors during her criminal trial on certain otherwise unrelated prior charges. The habeas court recited the following facts with respect to the jury tampering: `On the evening of…
↧
↧
César Acuña Peralta ¿es un peruano promedio?
Pensaba anoche y continué esta mañana (29-01-2016) en opinar sobre el "mercachifle" y su radar para detectar negocios y vender incluyéndose el mismo. Es un sicólogo práctico como lo son la totalidad de los comerciantes afincados en Lima. Juan de la Puente en su columna del día de hoy en el diario La República analiza la situación de este personaje, no siempre concuerdo con su trabajo, debo hacerlo en esta ocasión por lo menos con gran parte de su pensamiento. Los ciudadanos de a pie estamos en permanente contacto con nuestros iguales permitiendo formarnos una idea tortuosa y tenebrosa del futuro del País. Reproduzco lo que el periodista piensa de los de "abajo": "Por lo pronto, me impresiona la defensa de Acuña ensayada desde la separación entre lo público y privado y la reflexión francamente elitista que señala que este es un…
↧
Illinois Supreme Court Says Courts Should Allow Expert Testimony on Eyewitness Identification
A recent unanimous decision by the Illinois Supreme Court will change the way Illinois juries are informed about eyewitness identification evidence by permitting the testimony of experts in cases involving identification evidence. The Innocence Network filed an amicus brief urging this holding. On January 22nd, the state supreme court affirmed the reversal of Eduardo Lerma’s conviction, finding that the trial court erred in refusing to allow experts to testify about research on eyewitness identifications during Lerma’s trial. The court further held that its 1990 decision in People v. Enis, which led to expert testimony on eyewitness identification being customarily rejected by judges in criminal trials, was out of step with decades of scientific research, the substantial role of eyewitness misidentification in causing wrongful convictions and the changing legal landscape. Illinois joins state supreme courts in Connecticut, Pennsylvania and Kansas who have, in…
↧
Rescue officer arrested on Clay County drug sale warrant
A Clay County fire/rescue officer has been arrested in Clay County on allegations he sold heroin. According to a report in the Florida Times Union, the officer sold the drug to an undercover detective at a meeting site in Clay County. The officer allegedly sold the detective the heroin for $40.00. The incident was videotaped by a hidden recording device, according to police. Even though the sale took place, the officer was not arrested until an arrest warrant was signed and issued. Clay County arrest warrants are not uncommon in drug deals, buying or selling. The police will make contact with a supposed drug seller and form a “relationship”. The police will make one buy and go on about their way. They then proceed to rack up more sales over the next week or so and then ultimately make all of the drug sale arrests at the same time. Police use this tactic to increase the penalties one is facing to increase the chance of a plea…
↧
Appealing a Criminal Case: Court Issues Rare Ruling in Deciding That Previous Lawyer Missed an Issue That Would Have Helped the Defendant
Here at our firm we do a fair number of criminal appeals. Some cases come out of the federal courts, here in Atlanta, throughout Georgia, and occasionally in other parts of the country. We also handle criminal appeals arising out of Georgia’s state courts. As described in an opinion issued two days ago by the U.S. Court of Appeals for the Eleventh Circuit, Overstreet v. Warden, “The fundamental purpose of an appellate lawyer representing a defendant in a direct criminal appeal is to identify and argue bases for reversal of a conviction.” The value of appellate counsel is based on his or her “examination into the record, research of the law, and marshalling of arguments on [the defendant’s] behalf”. But what happens if the appellate attorney misses an issue? The Overstreet decision is one of those rare cases in which a federal court of appeals overruled the lower federal court, and the state courts, in…
↧
↧
Arizona Wrongful Death Lawyer – What is a Lawsuit against Wrongful Death
Wrongful Death LawsuitsWhile we do not want to believe it was ever our loved one’s time to go, a wrongful death case implies there was negligence or intentional harm that resulted in the death of a family member. In a wrongful death lawsuit, a representative of the estate of the deceased, or a statutory beneficiary files a civil lawsuit against the defendant, claiming that as a result of their negligence, they wrongfully killed a loved one, or in some cases, the defendant caused intentional harm that resulted in death.Understanding if your loved one suffered a wrongful death can be a confusing and complicated process. Because of the complexity of the issue, each Arizona wrongful death lawyer at Cantor Crane can explain what constitutes a wrongful death case and make things a little easier.When do Wrongful Death Lawsuits Happen? The most common wrongful death lawsuits come in the form of medical malpractice lawsuits or accident fatalities. It is important…
↧
Backpage.com & Prostitution Stings in Iowa
Backpage.com is the new craigslist.org when it comes to advertising for escort services. Although some in the adult industry may disagree, the term escort has essentially become synonymous with prostitute. Women, and even men, advertise companionship on backpage.com for a donation. Often, the advertisements contain “coded” language which indicate that sexual services are available. Law enforcement is aware that backpage.com has become an adult marketplace where prostitution is advertised. Often law enforcement will answer the ad and arrest the prostitute. More frequently, the police will place a decoy ad and arrest the person seeking the escort’s services. In Iowa, prostitution includes offering sexual services for sale and soliciting such services. Thus, the escort and the individual hiring the escort can both be charged with prostitution. Prostitution is a violation of Iowa Code Section 725.1. Prostitution charges are aggravated misdemeanors…
↧
There Are Some Exceptions to the Search Warrant Requirement in Florida, but They Are Limited
In Florida, the police are not generally allowed to enter a person's residence without a valid search warrant or consent to enter and search by the owner or someone with authorization to give the consent to the police. Perhaps the strongest privacy rights and right to be free from unreasonable search and seizure by police is in one's home. However, there are some limited circumstances when a police officer can enter your home without consent or a search warrant. For instance, there is a concept in criminal and search and seizure law that deals with exigent circumstances, or emergency situations. The police might be able to enter your home without a search warrant or consent if there is specific evidence of a medical emergency inside. An example might be if the police received a call of a hostage situation in a house and heard gunshots and screaming, the police would likely be able to go into the house to see if someone's life or health was in danger. The…
↧
Fatality Crash Near Presley Bridge
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 01/29/16 3:09 p.m. Please direct questions to the District Office On Friday, January 29, 2016, at 7:07 a.m., the Idaho State Police investigated a single vehicle fatality crash. Robert Magers, 64, of Weiser, ID was driving eastbound on Weiser River Rd near the Presley Bridge when he failed to negotiate a curve in the road. The vehicle went off the road and rolled approximately 300 ft. down an embankment, where it came to rest near the river. Magers was unrestrained and the sole occupant of the vehicle. The crash is believed to have happened at approximately midnight the night before. The next of kin has been notified. There was no blockage. This case is currently under…
↧
↧
ATTORNEY SAM QUESTIONS WHETHER BROOKLINE SHOOTING/STABBING ARRESTS ARE A RUSH TO JUDGMENT
Yesterday, we discussed the recent shooting/stabbing case which unfolded in Brookline this week. “Yes, you were kind of mean to the nice Police Chief about his statements and the arrests.” Do you think so? “Yes and you left off suggesting that the way the police handled this matter put me in some kind of danger”. So I did. I tend to find that when the authorities decide to make “urgent” and rushed arrests…before even thinking the whole matter through… the general population is put at risk. “How so?” In a number of ways. For example, one thing I often find when law enforcement rushes through to make arrests is that they increase the risks of getting it wrong. This is a reality to which, when mentioned, officers generally scoff. You will notice that they also seldom reconsider and admit that they might have been wrong. Not solving a violent case correctly, as opposed to “expediently” puts us all in…
↧
Another VOP Based Upon Dirty Urine is Thrown Out of Court
How many products these days claim to be “scientifically proven”? Proven to kill 99% of all germs. Eliminating 95% of all odors. Clinically proven to smooth wrinkles, or shrink your belly. How much “faith” can we put into these scientific claims? It depends on who is making the claim, right? Is it the doctor that conducted the study? Or, is it a janitor who got a good night sleep at a Holiday Inn Express? Typically, our court system has done a decent job of keeping out scientific evidence that cannot be substantiated. The main vehicle for testing scientific assertions is cross examination. When a prosecutor presents a witness who makes scientific claims, we defense attorneys are able to cross examine this witness to test accuracy. At times, legislatures have tried to help prosecutors by passing laws that permit scientific assertions without the need to back up the claim with live…
↧
Radio Program on Brown Parole Initiative
Yesterday I was on KPCC's Air Talk with Larry Mantle. The program page with audio is here. The topic of discussion was Gov. Brown's initiative to make every convicted felon eligible for parole at the completion of the base term for the present offense, effectively giving the parole board the power to wipe out all sentence enhancements imposed for prior convictions, no matter how many or how violent.As usual, the other guest was someone who disagreed with me, and as usual Mr. Mantle was quite evenhanded in moderating.The most interesting moment occurred during a call-in. The caller frankly admitted that she had gone to prison for manufacturing drugs for sale, and after getting out she returned to the drug trade. Even so, she insisted it was totally unfair that she got a sentence enhancement for the prior. I was quite taken aback. Judge for yourself whether I had a good answer.
↧
Russell Taylor, Jared Fogle’s Accomplice, Sentenced to 27 Years
Russell Taylor, the man who was accused of being Jared Fogle’s accomplice in a child pornography ring, was sentenced to 27 years in federal prison by Judge Tanya Walton Pratt, on December 10, 2015. Mr. Taylor is convicted of producing and distributing child pornography, specifically to Jared Fogle, the former Subway spokesperson. He used hidden cameras to photograph children as young as age nine in sexually explicit acts. Mr. Taylor’s sentence was eight years less than what prosecutors sought for 12 counts of producing child pornography and one count of distributing it. However, it was more than the 15 to 23 years that Taylor’s attorneys requested. The judge rejected Taylor’s argument that he was just Fogle’s pawn, but recognized that he cooperated with authorities in Fogle’s prosecution. She noted that Taylor did not deserve to spend more time in prison than Fogle, who faces up to 50 years. It is reported that 12 victims are involved in the…
↧
↧
Friday Open Thread
Busy day. I'll write a little bit on Iowa and EGhazi (same story, different day) tomorrow. Open Thread. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Who is a “Caretaker” of a Child According to Iowa DHS
Under Iowa law, for a person to be accused of being a perpetrator of child abuse must be a person responsible for the care of a child. A person responsible for the care of a child is defined in Iowa Code 232.68 as follows: a. Parent, guardian, or foster parent. b. A relative or any other person with whom the child resides and who assumes care or supervision of the child, without reference to the length of time or continuity … Continued
↧
Reckless Driving Dismissals in January 2016
We had a good month, achieving a number of dismissals for reckless driving charges. (One was for an alleged speed of 89 mph in a 55 mph zone.) On January 11, 2016, we had 3 Reckless Driving by Speed dismissals that single day. The dismissals featured below all involved officers that showed up to court and testified. Here are some of the more notable reckless driving case results. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. January 6, 2016, Hampton GDC, Charge: 87/60 Reckless Driving, Disposition: Reduced to 9 over the speed limit. January 8, 2016, Virginia Beach GDC, Charge: 89/55 Reckless Driving, Disposition: Dismissed. January 11, 2016, Virginia Beach GDC, Charge: 51/30 Reckless Driving, Disposition: Dismissed. January 11, 2016, Chesapeake GDC, Charge: 51/30 Reckless…
↧
More Pages to Explore .....
