Recently, James Everett Dutschke, 45, filed an appeal in the 5th Circuit Court of Appeals asking the court to overturn the dismissal of prior appeals of his conviction in the Northern District of Mississippi. Currently, Dutschke is incarcerated in a Colorado federal prison, serving a 25 year sentence. Dutschke, a former Tupelo martial arts instructor, pleaded guilty to four counts of sending ricin-tainted poisonous letters via mail to President Obama, Senator Roger Wicker, and others. Dutschke allegedly used the plot to set up a man whom he had issues with, Paul Kevin Curtis. Curtis was an Elvis impersonator who was not in good standing with Dutschke. Curtis was initially arrested, however authorities determined it was Dutschke who had developed the scheme. Curtis later sued the U.S. Dept. of Justice for wrongful arrest. Dutschke’s first attempt to have a federal court overturn the dismissal for his convictions was rejected in October of last year by U.S. District Judge…
Mississippi Man Convicted of Sending Poison-laced Letters to President, Others Files Appeal
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DUI Charge in Pierce County/Tacoma – Dealing With the Police
A DUI charge is one of the most seriously taken and stigmatized charges in Washington. You probably feel like you’re being treated like a criminal even before you’ve been convicted. You’re upset with yourself for getting in this situation as is your family. You’re wondering, “What do I do now? How do I handle all the interrogation?” Looking for and retaining a defense attorney is a good start. There are also some things you should do and some things you shouldn’t do when dealing with the police. Here is what you should not do. Don’t be rude or condescending. Remember that the police are people doing their job. When you’re doing your job do you give the best service to those who mistreat you? We all try to, after all it’s our job, but it’s difficult isn’t it? If an officer wants to arrest you, they can usually find a reason. So, don’t make them want to. Also, don’t give any incriminating…
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The Fight to Prove Billy Glaze’s Innocence Continue
By Ariana Costakes The Innocence Project is continuing to work with the Minnesota Innocence Project to exonerate Billy Glaze, who spent 25 years for the murders of three Native American women before his death in 2015. In 2014, the Innocence Project, the Minnesota Innocence Project and the law firm of Dorsey & Whitney uncovered DNA evidence from two of the crime scenes which excluded Glaze and matched to a convicted rapist. Glaze’s legal team filed a motion for a new trial based in part on the new DNA evidence, but Glaze died before the judge ruled on the motion and prosecutors moved to have the case dismissed, saying a retrial was no longer necessary. Glaze’s attorneys argue that the case should continue. If the wrong man died in prison for crimes someone else committed and the actual perpetrator remains on the streets, they say, it is very much a matter of public interest. “The real guy is still out there,” Minnesota Innocence Project Legal…
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Michigan DUI Cases and Relapse
This will be an article about role of relapse in a Michigan DUI case. In the previous article, we focused on how relapse can be used as an asset in a driver's license restoration case. I noted that in my role as a Detroit area (meaning Macomb, Oakland and Wayne County) DUI lawyer, alcohol, drinking (as in normal drinking), troublesome drinking and, in the case of my driver's license restoration practice, recovery from drinking problems, are the focus of just about everything I do, every single day. Given that OWI (Operating While Intoxicated) cases are always about drinking, and given the court system's natural bias toward finding and over-diagnosing drinking problem in those cases, it became obvious, that to really help my clients, I needed advance my understanding of the whole clinical world of addiction and recovery. To do that, I went back to the university classroom and completed the coursework in a post-graduate program of addiction studies. This way,…
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Maryland Court of Appeals Rules in Favor of Petition for Post Conviction Relief
A person who is arrested or charged with a crime – whether it is classified as a felony or misdemeanor – is encouraged to seek the assistance of an experienced criminal defense attorney. The gathering of evidence and other circumstances surrounding the arrest and indictment are extremely important pieces of a case. Each step must be analyzed and evaluated in accordance with the Maryland laws that serve to protect a citizen’s constitutional and statutory rights. In addition to defenses one may assert at the point of arrest or indictment, there are other arguments that can be raised even after a conviction. No matter which stage of a criminal case one is facing, it is imperative that you have an experienced Maryland criminal defense attorney to assert a solid defense or a strong petition for post conviction relief. Under Maryland law, a person who has been convicted of a crime may file a petition for “writ of actual innocence” and seek a new…
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Dismissal Motion Denied in Cosby Sex Case
A judge in Philadelphia has rejected a defense motion to dismiss the sexual assault charges against Bill Cosby, moving the case one step closer to trial. Bill Cosby’s attorneys had asked the judge to throw out the case against him, in which it is alleged that Cosby drugged and then sexually assaulted an acquaintance. The … Continue reading Dismissal Motion Denied in Cosby Sex Case → The post Dismissal Motion Denied in Cosby Sex Case appeared first on .
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Skeem, Monahan & Lovenkamp on Gender and Risk Assessment
Jennifer L. Skeem , John Monahan and Christopher T. Lowenkamp (University of California, Berkeley , University of Virginia School of Law and Government of the United States of America - Administrative Office of the U.S. Courts) have posted Gender, Risk...
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News Scan
New York Police Officers Shot: Two NYPD Officers patrolling a public housing project in the Bronx were shot Thursday night. Fox News reports that a male and female officer, whose names have not be released, were shot when they encountered two people in a seventh-floor stairwell in the complex by a man who was later found dead by an apparently self-inflicted wound. Both officers are expected to recover from their injuries. In January another officer was shot and injured in the Bronx when he responded to reports of a street fight. CA Sex Offender on Probation Arrested For Rapes: A registered sex offender free on probation in Whittier California as been arrested for sexually assaulting two teen-aged girls. ABC7 reports that 28-year-old Richie Corvera abducted a 15-year-old girl in a high school parking lot last Friday and assaulted her at a nearby motel. A day earlier in the same parking lot Corvera lured a…
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Motorcycle Road Rash
Motorcycle road rash is not always a superficial injury for a rider. Some motorcycle accidents can cause serious injuries to the skin that go far deeper than the first few layers of skin. These types of injuries are susceptible to infection and are of particular concern when they are on prominent areas like the face and hands.Treatment may be ongoing and pain and emotional harm may be significant with road rash. Motorcycle accident victims will want to start looking at their legal options for compensation as soon as practicable. An accident injury attorney would be a good place to start. For a free consult with a motorcycle accident attorney in Pennsylvania that handles all types of motorcycle accident cases, call Saile & Saile at 215-486-8196.What is road rash?In a motorcycle accident, a rider often collides with the ground. The bike may pin him and drag him along the road or the impact may throw him from the bike and he may slide for some distance on the pavement. When…
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This is Why Obama’s Speech on American Muslims Matters
US President Barack Obama speaks at the Islamic Society of Baltimore, in Windsor Mill, Maryland on February 3, 2016. / AFP / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images) I never thought it would happen, and it may never happen again. On Wednesday, President Obama visited a U.S. mosque for the first time in his presidency. He quoted from the Islamic holy book, the Quran. And he unequivocally denounced anti-Muslim hate. This may sound uneventful, but it was actually bold. Muslims, Islam and the Quran are nearly dirty words in the U.S. political mainstream right now. We have a lot of problems with Obama administration’s policies when it comes to American Muslims: suspicionless surveillance, counter-extremism programs that unfairly target and stigmatize Muslim communities, among them. President Obama’s policies have often not followed his words. But his words were powerful, and they kick off a necessary conversation that we will be having in a…
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What to Check for When Looking for a Tacoma Defense Attorney – DUI or Otherwise
You’re being either accused of DUI or are under investigation for a crime. Perhaps you’ve even had to go through the stress of arrest and arraignment. This is the most stress you’ve probably ever been under. You’re worried. Your family is worried. Your friends are worried. Everyone is saying, “Get a lawyer.” You want to follow this advice. You realize that a defense attorney on your side would be a good idea to have. But the task is daunting. There are several attorneys in the area and you have no idea how to choose one. Most of this will be what you will want to consider no matter what the crime is that you’re under suspicion of. There are a few things to consider. These may sound fairly obvious, but you’re in a situation where the obvious doesn’t always feel so obvious. First, you will want to examine whether or not the lawyer is experienced. You will also want to consider whether that experience is in the area that you…
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Hollistan Man Charged with Assaulting Four Year Old Son
According to an article in the MetroWest Daily News, a Holliston man was recently arrested for slapping his four year old son. The article states that the defendnt was on a supervised visit with his two children – the alleged victim and his older brother, who is seven years old. During the visit, the defendant reportedly slapped the four year old in the head because he refused to stay in his time out. The child apparently fell backwards as a result and hit his head on a doorframe, which caused a lump to form on his head. After this occurred, the defendant spoke with the children’s mother and relayed what had happened. As a result of the incident, the defendant was arrested for assault and battery causing injury to a child under fourteen. For a jury to convict the defendant of assault and battery causing injury to a child under fourteen under G. L. c. 265, § 13J, the Commonwealth would have to prove the following beyond a reasonable doubt: (1) that the alleged…
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Super Bowl Weekend Checkpoint and DUI Enforcement Planned.
The Avoid the 13 Marin County DUI Task Force will be running a drunk driving checkpoint tonight, February 5, 2016, in San Rafael. In addition, the multi agency task force will deploy DUI Saturations Patrols throughout Marin County on both Saturday and Sunday. The Super Bowl is America’s most watched national sporting event and Super Bowl 50, is on Sunday, February 7, 2016, in Santa Clara. The National Highway Traffic Safety Administration, NHTSA, encourages people to make plans ahead of time that will prevent them from getting behind the wheel of a vehicle after drinking. Drunk Driving result in injury or death or injury if the driver is involved in an accident. Police departments throughout California believe that DUI Checkpoints, along with regularly scheduled high visibility DUI enforcement, are proven strategies with the goal of removing drunk drivers from our highways. In Marin County, the Marin Avoid the 13 multi agency…
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Innocence Project, Coldplay Team Up in Fight Against Wrongful Convictions
Coldplay frontman Chris Martin to join organization’s Artists’ Committee as an Innocence Ambassador (New York, NY– February 5, 2016) – Coldplay lead vocalist and global rock icon Chris Martin joins the Innocence Project’s Artists’ Committee as an Innocence Ambassador to help bring attention to faults in the criminal justice system contributing to wrongful convictions. Martin will now join other notable Innocence Ambassadors – including actors Tony Goldwyn, Whoopi Goldberg and Ryan Phillippe – voicing support for the Innocence Project’s work to exonerate the wrongfully convicted through DNA testing and reform the criminal justice system to prevent future injustice. This latest announcement comes amid a busy week for the British rock band as it prepares to headline a star-studded roster of musicians and performers at Pepsi’s Super Bowl 50 Halftime show in Santa Clara, California on February 7th.…
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Facet Joint Injury from a Car Accident
In car accidents, especially rear-end collisions, victims often sustain injuries to the neck and back. A facet joint injury is one such example. The impact of the crash, jarring movements the body undergoes in the collision, or compression of the body inside the car can all cause damage to one or more of the many facet joints along the spine, which can lead to long-term pain and immobility.It important to seek a medical evaluation after a crash, even if you are asymptomatic or your pain is only slight, because there could be underlying injuries that have not fully manifested yet. Early diagnosis and treatment almost always improves outcomes.What are facet joints and what is their purpose?The spine comprises 24 vertebrae that provide the back with support. Two facet joints, the only true joints in the spine, are located between each pair of vertebrae. They are sliding joints that control movement and support the weight between each individual vertebra. Without facet joints, the…
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Physician Arrested for Third Degree Grand Larceny Shoplifting Receives ACD Dismissal: NY Criminal Defense Results
There are very strict and unforgiving laws in New York State. The New York Penal law, when addressing financial crimes, has dollar amount thresholds that upon their breach the crime is enhanced. What this means is that if you steal by any means property valued in excess of $1,000 is an “E” felony of Fourth Degree Grand Larceny (New York Penal Law 155.30). If that amount exceeds $3,000 then it is a “D” felony of Third Degree Grand Larceny (New York Penal Law 155.35). The next thresholds are at $50,000 and $1 million. There are corresponding offenses for Criminal Possession of Stolen Property (again, it is value based for the most part barring some exceptions so the nature of the property is irrelevant). Not only is there a concern for an accused that he or she can face incarceration in prison – up to four years on an “E” felony and seven years on a “D” felony – there are other concerns for professionals and…
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The Bill Cosby On-Again, Off-Again, Now On-Again Prosecution in Pennsylvania
Bill Cosby was dealt a stunning setback and a legal major rebuke by a Pennsylvania state court judge this week. His lawyers filed court papers asking the judge to stop the newly renewed prosecution of three sexual assault charges filed against Mr. Cosby in Montgomery County, Pennsylvania. His argument was based in equity and basic estoppel contract law. Source: Denverpost.com Twelve years ago the prosecutor from Montgomery County announced that he would not prosecute Bill Cosby on the charges. The allegations of sexual abuse in 2004 were and are the same Mr. Cosby is currently facing. Relying on the prosecutor’s statements that no prosecution would be undertaken, Mr. Cosby moved on with his life, responded to lawsuits in civil court, made statements in that lawsuit as required, and did nothing to preserve defenses, evidence, and witnesses which he could have used in this defense had he been prosecuted 12 years ago. Now, 12 years later, the recently elected…
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New York City Council Calls on New York State to End Top Contributors to Wrongful Conviction
By Nick Moroni Momentum continues to build around the campaign to pass a state law that would combat the top two contributors to wrongful conviction – false confession and eyewitness misidentification – by requiring police throughout New York State to record interrogations and implement eyewitness identification reform. Today, New York City Council Member Vanessa Gibson introduced a resolution calling on the New York State legislature to pass a bill that would mandate those practices. Council Member Gibson’s resolution is the latest appeal to the legislature to pass a law requiring these practices. In January, Governor Cuomo called for the passage of such a bill as part of his State of the State Address. Last year the Innocence Project, the New York State Bar Association and the District Attorneys Association of the State of New York extended their joint support for an identical bill, and Yusef Salaam, of the Central Park Five, publicly implored the…
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Friedland on Riley v. California and Stickiness
Steven Friedland (Elon University School of Law) has posted Riley v. California and the Stickiness Principle (Duke Law & Technology Review, Vol. 14, 2016) on SSRN. Here is the abstract: “Law is a way of reimagining the real.” – Cultural...
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Lots of end-of-the-week notable capital punishment stories
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