New York firearms attorneys Tilem & Associates have been following the increasing number of guns recovered at US airports and more specifically the guns being recovered at local airports such as LaGuardia, Kennedy and Newark with sometimes devastating consequences. As reported in the New York Times in June 2014, from 2011 until June 2014 the TSA had seen a steady rise in guns recovered by screeners in airport security lines. TSA is now reporting another 20% increase in 2015. While a majority of these guns are recovered in places with relatively lax gun laws such as: Dallas/Fort Worth International Airport — 153 guns recovered Hartsfield-Jackson Atlanta International Airport — 144 guns recovered Houston George Bush Intercontinental Airport — 100 guns recovered Denver International Airport — 90 guns recovered Phoenix Sky Harbor International Airport — 73 guns recovered, it is also true that many are being recovered in airports in places…
GUNS AT NEW YORK AIRPORTS
↧
↧
For People in Florida Who Want to Own a Firearm, the Prior Felony Disposition is Critical
In Florida, it is illegal for someone who has been convicted of a felony crime to own or possess a firearm. This applies to any felony conviction, so if a person who lives in Florida has a prior felony conviction from any other state, that will still prevent the person from legally having a firearm in Florida. In other words, the prior felony conviction does not have to be a Florida felony conviction. A possession of a firearm by a convicted felon charge is a serious crime in Florida. It is a second degree felony in Florida, which is punishable by up to 15 years in prison. Prosecutors often seek prison time for a first conviction for this crime. There can be many defenses to a possession of a firearm by a convicted felon charge. First, depending on where the gun was found in relation to the defendant, a defendant can argue that he/she was not actually in possession of the firearm. Or, a defendant can argue that he/she is not a convicted felon. Whether a person is a…
↧
Another federal child porn downloader gets another non-prison sentence in the EDNY
↧
What I’m Reading These Days
The podcasts I listen to cost me money. On a recent podcast, I caught an interview with Cal Newport, who discussed his new book, Deep Work. I’ve been taking a break from business books lately, but this one is very different. His thesis is simple. Our technology has created an expectation and a temptation that we work in shallow technological endeavors, miring us down in various inboxes, from our email, to our Facebook feed, to tweets, to photos on Instagram. Knowledge workers (I include lawyers in that category) are losing the ability to engage in deep work necessary to be truly successful at a time when it is more necessary than ever. And if we can reclaim the skill to engage in deep work, we will cultivate rare marketable skill. And he proposes some radical solutions to get there (I actually bought this book in a physical hardback form, versus a Kindle or iBooks download thinking that he medium is also the message. As a result of reading this book a bit…
↧
Andrew Skier to Attend National Conference of CJA Panel Representatives in San Francisco CA
Andrew Skier, founder and chief trial counsel of Skier & Associates will attend the National Conference of Criminal Justice Act (CJA) Panel District Representatives March 4-5 in San Francisco, CA. This will mark the fifth year that Mr. Skier will represent Alabama’s Middle Judicial District at this national gathering. This annual gathering is the meeting in which community lawyers who represent indigent criminal defendants in US District and Circuit courts gather to discuss issues unique to this kind of practice, strategies for most effectively represent their clients, and compare notes on challenges unique to their districts. CJA lawyers are lawyers not employed by the government who are approved by the Court to accept appointments to represent those accused of violations of Federal law. Mr. Skier represents the approximately 30 members of the Middle District CJA panel. He is currently serving his second consecutive 3-year term as CJA Panel Representative.
↧
↧
Sentencing Reform, Through the Looking Glass
I saw this article in SL&P about Bernie Sanders' campaign promise:But, here is a pledge I've made throughout this campaign, and it's really not a very radical pledge. When we have more people in jail, disproportionately African American and Latino, than China does, a communist authoritarian society four times our size. Here's my promise, at the end of my first term as president we will not have more people in jail than any other country. We will invest in education, and jobs for our kids, not incarceration and more jails.Bernie's pledge is deconsructed for the nonsense it is, but the deconstruction itself misses two of the most obvious flaws.First, Bernie is willing to take at face value China's report of its prison population. This is like being willing to take at face value Iran's report of it's plutonium stockpile.Second and far more important, Bernie holds forth on the prison population without a single word about why…
↧
Governor Rauner decides another 100 clemency petitions on February 11, 2016
While it may be too early to say this decisively, it certainly looks as though Governor Rauner is attempting to make clemency decisions a monthly activity during his 2016 tenure. Yesterday, he decided an additional 100 clemency petitions, granting 2 individuals pardons with authorization to expunge and denying the other 98 petitions for relief. I will say once again I am very pleased with the speed with which Governor Rauner is addressing the pending petitions, however, I am all but certain there were more than 2 individuals deserving of relief in the batch of petitions that were reviewed by the Governor. Of the 2 people who were fortunate enough to receive the coveted pardon authorizing expungement yesterday, one had a felony conviction for burglary stemming from a 1993 case and the other had received a sentence of court supervision on two misdemeanor charges dating back to 2007: fleeing/attempting to elude an officer and driving under the influence (DUI). Typically, a…
↧
Flanders & Welling on Police Use of Deadly Force
Chad Flanders and Joseph C Welling (Saint Louis University - School of Law and Saint Louis University, School of Law, Students) have posted Police Use of Deadly Force: State Statues 30 Years after Garner (St. Louis University Public Law Review,...
↧
In a Landmark Decision, Texas Forensic Science Commission Issues Moratorium on the Use of Bite Mark Evidence
Today the Texas Forensic Science Commission issued a landmark decision recommending a moratorium on the use of bite mark evidence in future criminal prosecutions in Texas until the technique can be scientifically validated. The Commission also and ordered a review of every conviction in Texas where the unreliable forensic technique was used. The decision was in response to a request by the Innocence Project to investigate the forensic practice that has contributed to at least 24 wrongful convictions or indictments. “For far too long courts have permitted this incredibly persuasive evidence that is cloaked in science, when in fact there has been no scientific research to substantiate the practitioners’ claims that it is possible to identify someone from a bite mark,” said M. Chris Fabricant, Director of Strategic Litigation for the Innocence Project, which is affiliated with Cardozo School of Law. “By recommending a…
↧
↧
Where Did You Go, Batman? Martin Shkreli, Congress, the Fifth Amendment and You
It does not help that the most recent symbol of the Fifth Amendment is The Joker: The First Amendment. The Fifth Amendment. There has been plenty of news coverage about Martin Shkreli, “pharma bro” and alleged securities fraudster, and his appearance before Congress. (Examples are here, here and here). The proceeding itself was snarky, entertaining and time-wasting: Congressional testimony is political theater, no more and no less, but some observations are in order for us non-Joker citizens, as well. As a refresher, it never hurts to take a look at what the Constitution actually says: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;…
↧
Second Circuit Accepts Rajat Gupta’s Insider Trading Appeal
This week I spoke with Fox Business reporter Serena Elavia about the Second Circuit’s decision to grant a certificate of appealability in the Rajat Gupta insider trading prosecution. Gupta is the high-profile former McKinsey & Co. Managing Director and Goldman Sachs board member who was prosecuted and convicted for providing insider information to former Galleon Group hedge fund manager Raj Rajaratnam. Gupta, who was first convicted in 2012 and whose direct appeal was denied in 2014, received another bite at the apple earlier this month. He now has an opportunity for the Second Circuit to determine whether his conviction should be vacated because the jury was erroneously instructed and whether any procedural default may be excused for cause and prejudice or actual innocence. This opportunity flows directly from the Second Circuit’s United States v. Newman decision, which altered the proof needed for the “personal benefit” to…
↧
Friday Open Thread
Thread. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Prosecutor’s Disbarment for Wrongful Conviction of Anthony Graves Upheld
In 1994, former Burleson County District Attorney Charles Sebesta prosecuted former prison guard Robert Carter and Anthony Graves for the murder of a Somerville family of six who were killed in April 1992. The murder victims included a well-liked woman named Bobbi Davis, her daughter, and four grandchildren, all of whom had been stabbed a total of 66 times. One of the victims was the four-year-old son of Carter (Jason) who had been stabbed 12 times as he tried to protect himself with a pillow. A gun and a hammer were also used in the brutal murders. Brutal Murders Demanded Fast Resolution The Texas Rangers quickly identified Carter has a suspect in the murders. He was the estranged husband of Davis’s daughter, Lisa. He was read his Miranda rights and questioned by four Rangers, steadfastly maintaining his innocence until he failed a polygraph test. He then confessed. He told the Rangers that he drove Graves to his mother-in-law’s residence where he…
↧
↧
Defending Against Manslaughter Charges in the State of California
In California, there are three different types of manslaughter: involuntary, voluntary, and vehicular. If you have been charged with any of the three crimes, it is imperative that you rely on a skilled California criminal defense attorney to mount the strongest possible defense. Conviction for manslaughter comes with serious penalties. The purpose of this article is to differentiate between the three types of manslaughter charges in the state of California. Involuntary Manslaughter Involves an Unintentional Killing In California, involuntary manslaughter is the appropriate charge when one person kills another unintentionally. Specifically, the unintentional killing occurs during the commission of a separate crime that, while unlawful, is not considered an inherently dangerous California felony, or during the commission of an otherwise lawful act that is capable of producing death in the absence of adequate caution. Importantly, and unlike murder, involuntary manslaughter…
↧
Chipotle is Subpoenaed in Criminal Inquiry Over Norovirus Outbreak
A Chipotle restaurant chain in California has been served with a grand jury subpoena as part of a criminal investigation of a norovirus outbreak. The subpoena was granted by the U.S. attorney’s office for the Central District of California in an inquiry the office is conducting with the Food and Drug Administration’s Office of Criminal Investigations. It seeks a broad range of documents which has not been specified to the public. Back in August 2015, two hundred and seven people, including 18 Chipotle employees, reported falling ill after eating at one of Chipotle’s restaurants in Simi Valley, California. Restaurants in that area typically contact the Ventura County Environmental Health Division as soon as they become aware of food-borne illnesses, but in this case Chipotle did not notify the agency until the restaurant had been closed down, cleaned, and re-opened. While it does not appear that the California outbreak spread beyond one restaurant, it is…
↧
News Scan
Family of Slain CA Baby Wonder if Black Lives Matter: In the wake of the suspected gang-related murder of a one-year-old Compton girl, her great-uncle is calling on the public to face the problems in neighborhoods. Michelle Moons of Breitbart reports that baby Autumn Johnson died Tuesday after being shot in the head while sitting in her crib, and authorities believe that her father, 24-year-old admitted gang member Darrell Johnson, was the intended target of the shooting. Cornell Patton, baby Autumn's great-uncle, said to the public, "If black lives matter, then let's make it matter." The Black Lives Matter movement, established in 2013, has been very vocal in their condemnation of police violence against blacks, which it describes as an "epidemic," but have disregarded questions about black-on-black crime. Police are still searching for the two male black suspects that were seen opening fire at Autumn's East Compton…
↧
"A Republican Crime Proposal That Democrats Should Back"
↧
↧
Arrested for my first DUI
Like many people in Pennsylvania, you find your self in a situation you never thought to be in. You have just been arrested for a DUI. You think to yourself “how could this happen to me” or “how will this affect my family”. It is important to understand what your rights are when you are arrested and what your options are moving forward. The first thing that you need to understand is the criminal process in Pennsylvania, specifically when it comes to DUI. After a person is arrested for a DUI, the first significant step after that is the preliminary hearing. At the preliminary hearing the Commonwealth must show that there is enough evidence to hold this case over to the Court of Common Pleas. Usually in a DUI case the blood or breath report is typically enough so achieve this goal since the standard at this level is VERY low. Many timed rather then have a hearing an attorney may advise their client to just waive the…
↧
10 Strangest Personal Injury Lawsuits and Their Outcomes
In legal speak, “personal injury” refers to cases in which a plaintiff has been the victim of physical, emotional or psychological trauma, typically due to malice or carelessness on the part of an outside party. Most often, the defendants in …The post 10 Strangest Personal Injury Lawsuits and Their Outcomes appeared first on Colorado Springs Accident Attorney | Laybourne Law Firm.
↧
Upset With Judge, Litigant Sends Threatening Email
It’s not unusual to see divorce litigants upset with the family justice system. Whether it’s unhappiness with the court’s decision or frustration over the delay and expense of family law proceedings, the courtroom is typically not a happy place to be. A divorce litigant in Connecticut was particularly incensed with the way his contentious divorce matter unfolded and in a moment of anger sent an email to a number of friends that targeted the judge in his divorce proceedings. The email said that he knew where Hartford Superior Court Judge Elizabeth Bozzuto lived with her boys and nanny and that there is “245 yards between her master bedroom and a cemetery that provides cover and concealment…they can steal my kids from my cold dead bleeding cordite filled fists….as my 60 round mag falls to the floor and I’m dying as I change out to the next 30 rd.” While Judge Bozzuto was not a recipient of the email, one person who received…
↧
More Pages to Explore .....
