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Obama Announces Prison Reform

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President Obama recently announced that he will issue a series of executive orders to address prison reform following recommendations from the US Justice Department. 1 The Obama administration’s agenda hopes to address current problems with the criminal justice system to make it “fairer, to be smarter, to be more effective.”2 Among the changes is an end to solitary confinement for juveniles and for those who committed low-level infractions. The proposed changes are aimed only at the federal prison population and are said to affect around 10,000 federal inmates, but will not affect inmates serving time in state prisons.3 Today, there are more than 2.4 million Americans in prison in America; this accounts for about 5% of the global prison population making the United States the most heavily incarcerated country in the world. 4 Clearly there is a problem with mass incarceration in this country. Though this reform is certainly progress in protecting human rights,…

Louisiana Woman Crashes Vehicle, Deputies Find Drugs That Result in Arrest

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On Valentine’s Day, a Heflin, LA woman was involved in a rollover crash that ultimately resulted in her arrest. According to a news article at the Minden Press-Herald, 54-year-old Pamela Doyle crashed her vehicle at the intersection of Tillman Church Rd. and Highway 371. A deputy with the Webster Parish Sheriff’s Dept. arrived at the scene of the accident, finding Doyle had a laceration to the head; she complained of head pain, and was transported to a local hospital for treatment. While en route to the hospital, deputies found a glass pipe with what they suspected was methamphetamine crystals on it. According to the police report, when deputies inventoried the vehicle they saw the pipe and meth in “plain view” in the passenger side floorboard. Deputies also searched Doyle’s handbag and found a substance they suspected to be methamphetamine in a plastic baggie. They also reportedly discovered Xanax pills in her purse upon further processing. Doyle…

I’ve Been Drugged at a Las Vegas Nightclub. Can I Sue the Club?

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The Centers for Disease Control estimate that at some point in their lives, one in five women will suffer sexual assault, and almost five percent of these attacks will occur to women who’ve unwittingly ingested some unwanted form of chemical substance. Many of these so-called drug-facilitated sexual assaults, or DFSA, occur in nightspots when someone slips a so-called “club drug” into another’s drink. If you’ve been poisoned with a date rape drug, you may suffer ongoing side effects that land you in the hospital or require long-term medical care. These things not only cost money on their own. They can also cause you to miss work or lose your job entirely. In cases like these, you most likely have grounds for a personal injury lawsuit. The majority of drugs used in date rape have no flavor or texture. They are also colorless and odor-free, and once they land in someone’s drink, they are difficult if not impossible to detect. If you or…

Innocence Project, Wrongfully Convicted Floyd Bledsoe and Others Testify in Support of Kansas Bill that Would Require the Recording of Interrogations

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Bill would protect against false confession and accusation, enhance public safety, and save taxpayer money (Topeka, KS – Feb. 11, 2016) Floyd Bledsoe, who was wrongfully convicted of murder and sexual assault and spent more than 15 years in prison before being exonerated by DNA evidence in December, today joined the Innocence Project and others in testifying before the Kansas House Committee on Corrections and Juvenile Justice in support of a bill (HB 2593) that would require all Kansas law enforcement agencies to record the entirety of interrogations related to murder and rape. HB 2593, introduced by Rep. Ramon Gonzalez (R-Perry), would protect against false confession and accusation, enhance public safety by enabling law enforcement to identify the truly guilty and protect taxpayers from multimillion-dollar settlements and awards that could result from wrongful convictions.  Floyd’s wrongful conviction might have been prevented had police recorded the…

Monmouth and Ocean County Traffic Stops on Suspicion of DUI in NJ.

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Law enforcement officers are legally authorized to stop a automobile and question its driver if they have a reasonable suspicion that the individual is in the process of committing a crime, has recently committed a crime, or is preparing to commit a crime.  An officer could claim reasonable suspicion of DWI based on alleged indicators such as the inability to remain in a lane of traffic, weaving between lanes of traffic, colliding with other motor vehicles or roadside objects, and generally

DUI Arrests Down In Two States

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Would it be good news or bad news if the Los Angeles Times reported a large drop in arrests for Los Angeles DUI? The answer might depend on whom you ask. Washington State’s Kitsap Sun Business Journal recently ran a story about the decrease in Kitsap County’s DUI arrests–1,000 fewer in 2015 than in 2006. The article suggests that one reason for the drop might be more education about the dangers of DUI driving. Accident statistics seem to bear this out; in 2006, Washington State saw 8,202 DUI-related crashes; that number decreased to 5,586 in 2015. But lack of police manpower, the complexity of the DUI laws, which require extensive police training, and the time-consuming need to obtain blood samples to detect the presence of marijuana also appear to be contributing to the drop in DUI arrest rates. At least one police official said he simply doesn’t have the manpower to keep troopers patrolling the roads like they did previously. Florida’s Miami-Dade…

"Ohio has the 'highest per-capita level of infighting' among marijuana activists"

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The title of this post is a line from this notable local article headlined "Ohio medical marijuana amendment details released." Here is the surrounding context for this amusing observation about the realities of marijuana reform efforts in the Buckeye State: Marijuana Policy Project has unveiled more details about the medical...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/n7EYljCciVM" height="1" width="1" alt=""/>

Cell Towers and the Fourth Amendment: Can the Government Get Those Records?

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We have written a lot about the constitutional implications of cell phones and the information on or in them. Questions of whether officers can look at your cell phone, or thumb through your text messages or emails, have been decided both in favor of and against defendants by Maryland courts. But a recent case is dealing with a related, but not exactly identical question: Whether police can obtain and review your historical cell phone records—that is, the actual logs kept by your cell phone provider, which can contain all kinds of personal and private information. Why Cell Tower Information is Valuable Cell phone information is obtained through the government getting data from cell phone towers, which are placed, owned and operated by the cell providers. Your cell connects to these towers every time a call or text is made. In addition to identifying calls and texts, the towers can also help extrapolate a cell user’s location, because caller’s call is routed…

Is Entering a Store After Having Been “Trespassed” Chargeable as Felony Breaking or Entering?

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In a session that I taught for magistrates, I learned that there is a practice in some districts of charging suspects with felony breaking or entering of a building when they enter a store after having been told not to return—commonly referred to as being “trespassed.” This may or may not be the appropriate charge, absent additional supporting facts. As a reminder, a person commits the offense of felony breaking or entering of a building under G.S. 14-54(a) if he or she: 1) breaks or 2) enters 3) without consent 4) any building 5) with the intent to commit any felony or larceny therein. Several issues may need to be considered in determining whether such a charge is appropriate. Evidence of intent. Does entering a store after having been trespassed suffice to establish probable cause that the person broke or entered the store with the intent to commit any felony or larceny therein? It seems not. The mere exclusion of the person previously does not necessarily…

DOJ Fraud Section to Require Cooperation Certifications Before Corporate Settlement

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Before settling with the U.S. Department of Justice’s Fraud Section, companies must now certify that they disclosed all information about individuals involved in the underlying misconduct. According to a recent Wall Street Journal article, the Fraud Section is developing a “certification process” whereby companies finalizing settlements with the department will have to certify to this disclosure.  (The Fraud Section investigates and prosecutes complex economic crimes, including FCPA violations, health care fraud, and securities and financial fraud.)  The new certification process is under review, but it could entail a written statement of cooperation.  Companies will have to confirm to DOJ that they have turned over all non-privileged information about individuals as part of the company’s cooperation with the government’s investigation. This requirement is the latest reverberation of the Yates Memo, DOJ’s policy announcement…

Mark Cuban Challenges the Referee: the Constitutionality of SEC In-House Courts

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After the repeated challenges to the SEC’s in-house courts as previously reported, Mark Cuban joined the debate by filing an amicus curiae brief in support of petitioners Raymond J. Lucia Companies, Inc. and Raymond J. Lucia (collectively “Lucia”) in Lucia v. SEC.  Cuban, describing himself as a “first-hand witness to and victim of SEC overreach” in a 2013 insider trading case brought against him in an SEC court, argued that the D.C. Circuit should grant the petitioners’ appeal because SEC in-house judges are unconstitutionally appointed. Lucia’s appeal stems from the SEC’s prosecution of Lucia in an administrative proceeding for misleading prospective clients about the company’s retirement wealth management strategy.  Following trial, the SEC administrative law judge (“ALJ”) ordered Lucia to cease and desist from further violations and imposed civil penalties.  Lucia appealed to the SEC,…

News Scan

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Death Penalty Sought in Modesto Slayings:  The Stanislaus County District Attorney's Office announced Tuesday that it will seek the death penalty against a California man accused of killing five people in Modesto last summer. Rosalio Adumada of the Modesto Bee reports that last July, the defendant, Martin Martinez, killed his girlfriend, her two young daughters, one of whom he fathered, as well as his mother and niece.  In a separate case, Martinez is being ordered to stand trial for charges of child abuse and murder in the 2014 death of the girlfriend's two-year-old son, though the trial has not yet been scheduled.  Martinez has entered a not-guilty plea for the five murders, denying the enhancements and special-circumstances allegations, including premeditation and deliberation, multiple homicides and lying in wait for the victims. CA Bill Targets Criminals in Sanctuary Cities:  A new California bill would target criminals in sanctuary cities,…

Family Violence in Texas: Crimes Based Upon Domestic Violence – It’s More Than a Fight That Turns Physical

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  According to the Texas Department of Public Safety, there were 185,817 reports of family violence made to Texas law enforcement in 2014. Most will assume that these numbers reflect fights between men and women, either married couples or romantic relationships, where emotions got high and things turned physical. After all, that’s what everyone is arguing happened in the O.J.Simpson – Nicole Brown Simpson case, right? (At least, domestic violence is one of the big topics in the current, popular tele-drama based upon that media frenzy.) And sure, that is true for lots of the family violence arrests made here in Dallas and North Texas (as well as the rest of the state). But not all of them. Texas Family Code Defines Family Violence Family violence isn’t just about a couple who end up in combat, with a battered spouse or battered girlfriend or boyfriend (yes, men get battered, too) ending up as the complainant in a Texas criminal case. There are also…

JUDICIAL TERM LIMITS??

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Longtime and careful readers of the blog know that our respect for the judiciary knows no limits. Now back to reality. Despite our feelings about certain individuals who, like the Viet Cong, wear a version of black PJs to work, about the only thing we despise more than some lawyer who failed in private practice but has an "electable" name, are yahoo Florida legislators who try to make a name for themselves by introducing stupid but populist legislation. Meet Representative John Wood, Winter Haven (M)*, who has introduced a bill for term limits for appellate judges, including justices of the Florida Supreme Court.Said Mr. Winter after removing the blade of grass from his mouth: "When a governor appoints somebody in their 40's to the Supreme Court- and Lawton Chiles comes to mind- and they are going to serve there for another 28 or 30 years, is that right?"Rumpole answers: Yes, that is just fine. Unless of course Mr. Winter would have…

Wednesday Open Thread

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Apple says no to turning over encyrption key on San Bernadino shooters' phone. To hack the phone, the FBI wants Apple to build a new version of its iOS software that Cook claims bypasses the iPhone's security features and creates "the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Net Worth Method of Proof: Calculating Income in Divorce Cases

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In divorce cases, forensic accountants can use the “net worth method of proof” to calculate income. This is used to search for hidden or unreported income. Rather than simply taking a spouse’s word for it that his or her income is X, we can do an analysis like this to try to verify the claimed income. This method of proof is one part of a lifestyle analysis, in which we are analyzing the party’s lifestyle and determining if that lifestyle matches the income that is being reported. This video explains the process of completing the net worth analysis.

Caught in a mortgage fraud case in Orange County?

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Protecting yourself and your future Mortgage Fraud Problems? Do you know who you’re dealing with at the financial institution? If you’re entering into an agreement with a business partner to obtain funding, do you know that your partner is moving forward honestly with the deal? For that matter, are the employees at the bank aware of all the regulations that could potentially trap someone with charges of fraud? Has this already happened to you? Fraud cases are prevalent Even though borrowers can face as much as 30 years in prison and a $1 million fine, it does not serve as enough of a deterrent. Lenders face even harsher penalties, but the allure of big profits made from a cheap loan keeps this crime humming along. The other aspect of this crime that keeps it so pervasive is how easy it is to commit. The numerous types of mortgage fraud can include employment fraud, income fraud, or occupancy fraud to name a few. Misrepresentation on an application can be something…

District Courts Have Wide Latitude in Reserving their Decisions on Rule 29 Motions

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Although it is common, a district court's decision to reserve its ruling on a defendant's motion for acquittal pursuant to Rule 29 can prove frustrating if the defendant is forced to defend against claims that are not supported by sufficient evidence. In United States v. Robinson, the Sixth Circuit held that district courts have wide latitude in deciding whether to reserve their rulings.In Robinson, the Sixth Circuit upheld the convictions for vote buying and conspiracy against Ruth Thomasine Robinson, the former mayor of Martin, Kentucky, (she lost her re-election bid by three votes), and against her stepson, Steven Robinson.  The Court also upheld the vote buying conviction against Mrs. Robinson's husband, James.At trial, James Robinson moved for acquittal pursuant to Rule 29 both after the United States concluded its case and after the close of all of the evidence.  The Court reserved its ruling on his motion until after the jury returned its…

Davis on Cyberbullying by Children

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Julia Davis (University of South Australia - School of Law) has posted Legal Responses to Cyberbullying by Children: Old Law or New? (UniSA Student Law Review, Issue 1, pp. 52-61, 2015) on SSRN. Here is the abstract: Cyberbullying presents an...

As United States Exonerations Rise, Role of Guilty Pleas in Generating Wrongful Convictions Scrutinized

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An Ohio man who was wrongfully convicted of a crime and eventually exonerated after spending 21 years in prison is just one among a growing number of exonerees who pleaded guilty to crimes they didn’t commit, according to a news story published in today’s Cleveland.com. In 1992, Glenn Tinney was already serving a 4 to 15-year prison sentence for an unrelated crime when he was questioned by investigators about the murder and robbery of a Mansfield, Ohio, businessman. Initially, Tinney denied any involvement. But, suffering from paranoid schizophrenia along with not having taken his medication prior to the interrogation, and facing the possibility of capital punishment, he ultimately pleaded guilty. By admitting to the charges, “prosecutors agreed to drop the death penalty,” reports Cleveland.com, and Tinney was sentenced to 15 years to life. Terry Gilbert, a Cleveland-based civil rights lawyer, observed that Tinney’s guilty plea and subsequent…
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