A useful reminder that, even after Montgomery, SCOTUS will continue to be asked to address juve LWOP
↧
↧
Case o' The Week: Oh, What a Tangled Web We Weave, then Get Obstruction When We Deceive - Johnson and Obstruction Guideline Enhancement
Turns out that testifying and committing perjury, while defending charges of perjury, false statements, and obstruction, can have sentencing consequences. United States v. Stephen Johnson, No. 14-10113 (9thCir. Feb. 5, 2016), decision available here.Players:Decision by District Judge Rosenthal, joined by Judges Kozinski and Tallman. Facts: Johnson was a retired law enforcement officer. Id. at 5. [Ed. Note: Five of the eleven defendants in this case had law enforcement backgrounds! See article here.] Johnson lied while speaking with federal agents, then lied while testifying before the grand jury, and was ultimately indicted for false statements ( § 1001) and perjury before the grand jury ( § 1623). Id.At the trial on these charges, Johnson lied to the petit jury – in different ways than his grand jury lies. Id. at 7 (describing Johnson’s different explanations before the grand and petit juries). He was convicted. At…
↧
Michigan 3rd Offense (Felony) DUI and Jail in Macomb, Oakland and Wayne County
A 3rd offense DUI charge is a big deal, yet contrary to how things may seem at the moment, it does not mean that you are going to lose everything or get locked up for months on end. This article is going to be a plain spoken, real life examination of what really happens and what you can expect by way of jail in a third offense drunk driving case. The key here is that we're going to look at the reality of the situation; it's easy to get caught up in all kinds of "what if" questions, but the hard, cold truth is that unless the police really screwed things up, or you are otherwise being falsely accused of driving over the limit, you are very unlikely to take the case to trial and be found "not guilty." Similarly, those situations where the Judge just throws the case out of court are always the exception, and never the rule. If you really want to make things better, then taking an honest look at things is as good a place as any to start. As a…
↧
Notable report on another EDNY federal judge objecting to harsh provisions of federal child porn laws
↧
Greene's Fall From Councilman to Accused
Former Nashville Metro Councilman had a rapid fall. Loniel Greene won a recent election as a Metro Councilman. Greene later resigned to avoid any criminal charges but he was not so lucky. Greene was indicted last week for coercion of a witness in an on going domestic violence case. Greene made some phone calls to his cousin while he was in the Nashville Metro jail. All jail phone calls are recorded. Both Greene and his cousin knew of this fact. Yet, Greene promised to "work on" the woman. Greene appeared in court on a bail bond source hearing. The Nashville criminal courts have adopted a procedure that requires a hearing to determine the source of the money for any bail bond set over $75,000.00. Mr. Greene admitted he lied at the source hearing. After the source hearing, assistant district attorneys combed over the jail house telephone calls. You can listen to the jailhouse calls here. They discovered Mr. Greene was lying at the source hearing which…
↧
↧
St Louis Criminal Defense $375: Should I Really Be Worried About A Misdemeanor Charge?
ONLY $375 FOR MOST ST LOUIS MISDEMEANORS Yes, you should!! It is amazing to me just how many people believe that a misdemeanor charge in Missouri is “no big deal”. As if such a thing becoming a part of your permanent record will have no negative consequence for your life (or that such a thing will increase your street cred). But the fact of the matter is, a misdemeanor charge can end up wrecking your life!! Below is a description of what can be done: If you are arrested in the St Louis area, subsequently charged with a misdemeanor, then there are two main ways you can deal with it: 1) you can essentially do nothing, and hope for the best (like appearing by yourself and asking that the court extend some sort of leniency); 2) you can hire a good St Louis criminal defense attorney to help you out!! Unfortunately, most people exercise the first option. They do nothing! But let’s say you have been charged with Disturbing the Peace. This is a Class A Misdemeanor…
↧
Alabama Man in Full Clown Costume Jailed Following DUI Arrest
On Saturday February 6, a 51-year-old Fultondale, AL man was pulled over for driving in an erratic manner. Joel Allan Sloan was wearing a clown costume when he was pulled over by a Jefferson County sheriff’s deputy. Another motorist reportedly flagged down the deputy after noticing Sloan’s erratic driving. Sloan was driving a red Ford SUV when the other motorist noticed he was weaving in and out of lanes. As the deputy approached to pull the suspect over, he noticed the vehicle crossing into the oncoming lane then back into his own lane. According to news reports, Sloan did not explain to the deputy his reason for being dressed in full clown attire, but did say he had just been at a local restaurant where he had a few drinks. Authorities also found that Sloan had an outstanding felony warrant for first-degree theft of property. He was arrested and charged with DUI before being booked into the Jefferson County Jail. Sloan’s bond was set at $2,500. Chief Deputy…
↧
Florida’s Death Penalty Sentencing System is Unconstitutional as per US Supreme Court Rule
The State of Florida has one of the highest death penalty rates in the country. This comes to no surprise as many of its citizens are some of the strongest proponents of capital punishment. However, the state is now facing a significant issue regarding death penalty, which may eventually lead to major amendments in their judicial system, after the United States Supreme Court ruled that the state’s death penalty sentencing system is unconstitutional. The Supreme Court is of the opinion that Florida’s current death penalty sentencing system is a direct violation of The Sixth Amendment, which proclaims that defendants have the right to a speedy and fair trial, and that the jury for said trial is impartial. The jury shall weigh the aggravating and mitigating circumstances and ultimately determine what sentence shall be given to the criminal. Florida’s current system, however, is different and is considered an outlier compared to the rest of the country as it gives…
↧
Maclin on Amsterdam and Rodriguez v. US
Tracey Maclin (Boston University - School of Law) has posted Anthony Amsterdam's Perspectives on the Fourth Amendment, and What It Teaches About the Good and Bad in Rodriguez v. United States (Minnesota Law Review, Vol. 100, Forthcoming) on SSRN. Here...
↧
↧
Nostalgia for once-open police records
An article by Texas Tribune reporter Jay Root highlights a failing in Texas' Public Information Act related to law enforcement records which is long overdue for remediation. Root sought records related to "Victor Reyes, a Mexican national with a long criminal record whose 2015 shooting spree killed two and wounded three before he was killed by a police officer." Conveyed the reporter:The Tribune asked the Harris County Sheriff’s Office, which acknowledged this week it has "voluminous" files on the case, to provide information gathered during Reyes’ encounters with local law enforcement on the night the murders took place. The sheriff’s office, which originally blocked release of the records by citing an ongoing criminal investigation, has now adopted a different argument using a more obscure exemption of the Texas Public Information Act.Since Reyes was killed by a sheriff’s deputy, he cannot be prosecuted. The…
↧
Domestic Violence Case Process in Pierce County / Tacoma – Be Aware of Some Differences
Most cases will start with a 911 call from either the alleged victim or another witness. When the police arrive they should question all parties separately. This is being done so that they can determine who they believe is the primary aggressor. That’s a fancy way to say who started the criminal behavior. It’s not illegal to shout. It is illegal to threaten. It’s not illegal to leave. It is illegal to lay hands on another person. It is not always the person who called that the police decide was the victim. They and all other parties involved in law enforcement or the court are aware that there are aggressors that will call the police to deflect suspicion. That’s another reason for the interviews. It is advised to be respectful to the police but not to speak to them until you can speak to an attorney. Remember that if they have probable cause to believe that a crime of domestic violence has occurred…
↧
[VIDEO] Reduce Reckless Driving to Improper Driving
Find out when it’s possible to have your charge reduced to improper driving. Contact my office so we can have a free consultation and go over all the details. Video Transcription Hi, I’m Andrew Flusche, your Virginia Traffic Attorney. You’re here to find out whether or not your reckless driving charge can be reduced to improper driving. Let’s talk about it. In Virginia, reckless driving is a Class 1 misdemeanor. It’s the highest level of misdemeanor offense there is. But, the law says that the prosecutor or the judge can reduce the charge to improper driving which is low-level traffic ticket. It’s only 3 points and it goes away from your record in 3 years if you’re a Virginia driver. But is it something that we can shoot for in your case? The facts of the case matter a whole lot as well as your prior driving record and, of course, what judge you have. Different judges have different ideas and different kind of policies of when…
↧
"Their 'compassion' is seriously flawed: Politicians care about white addicts — but still love the racist drug war"
↧
↧
The Legacy Project: Words of Wisdom by Innocence Project Executive Director Madeline deLone
The Legacy Project—a South African-based initiative that aims to foster and inspire new leaders by way of sharing wisdom from the world’s current movers and shakers—has published a profile of Maddy deLone, the executive director of the Innocence Project. In her insightful interview, deLone discusses the best words of advice she has received, the life lessons that have shaped her path as a leader and the people who have inspired her to stay strong throughout her career in criminal justice. In describing one of the key principles that she lives by, deLone says, “I believe in my life and my work and, I hope, I have always been grounded in a sense of the importance of every living person. I try very hard to understand and appreciate the humanity of everyone . . . I really think that when we forget that, [that] at the end of the day, the world is made up of individual people, each of whom has humanity, we go off course.” To learn more…
↧
Domestic Abuse and Firearm Prohibitions
Today, Des Moines Register published an article concerning about abuse and firearm prohibition. In the article, Des Moines Register reported that more than 80 Iowans have been convicted of violating a state law that bans domestic abusers from owning guns. That is a lot of people. I want to stress the importance of this law. In Iowa, the law prohibits possession, receipt, transportation, or dominion and control of firearms, offensive weapons, and ammunition by a person who: is subject to a protective order has been convicted of a misdemeanor crime of domestic violence (724.26(2)(a)). Violation of this rule is a serious crime – class “D” felony. If you were found guilty of domestic abuse and have any questions about whether or not you are a subject to this prohibition, feel free to call me at (515) 224-7446. The post Domestic Abuse and Firearm Prohibitions appeared first on Beyond the Scope.
↧
More than 20 Texas town repeal sex offender residency law
2-8-16 Texas: DALLAS (AP) — A broad legal challenge has led more than 20 towns in Texas to ease restrictions over the last few months on where sex offenders can live instead of fight a costly battle in court. While other states, including neighboring Oklahoma, continue to push offenders away from some neighborhoods, about 45 Texas towns received letters in November from the group Texas Voices
↧
What's in a Name? That Which We Call Marijuana by Any Other Name Would Still Engender Opposition (... but maybe we should still doff thy name?)
The title of this post is my effort to channel the Bard of Avon and to still reflect the substance of this notable new commentary by Keith Stroup, Legal Counsel for the National Organization for the Reform of Marijuana Laws. This commentary is titled "Marijuana, Cannabis, Ganja, Weed, Grass, Pot,...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/tiEBvhu-8SU" height="1" width="1" alt=""/>
↧
↧
Notable battles in Texas over local sex offender residency restrictions in small towns
↧
News Scan
Chicago Shootings Continue to Soar: Over the weekend, two people were killed and 24 others were wounded in shootings across Chicago, with homicides in the troubled city in the first eight days of February, falling just four short of last February's total. The Chicago Tribune reports that between Sunday afternoon and Monday morning alone, one man was killed and at least 10 others were wounded in shooting incidents. The city has seen 16 homicides since the start of the month and 73 since the start of the year, with 330 people shot since Jan. 1, more than double from the same period last year.NJ Law Prevents Some Retired Cops from CCW Permits: A New Jersey gun law is preventing some retired police officers from being granted permits to carry concealed weapons. Fox News reports that since the law doesn't specifically address whether retired public university police officers are permitted to obtain a permit, "there seems to be some…
↧
Morse on Neuroprediction
Stephen Morse (University of Pennsylvania Law School) has posted Neuroprediction: New Technology, Old Problems (Bioethica Forum, Vol. 8, P. 128, 2015) on SSRN. Here is the abstract: Neuroprediction is the use of structural or functional brain or nervous system variables...
↧
More Pages to Explore .....
