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Thursday Open Thread

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Hobbs Magistrate Court Crosses The Absolute Line

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Today at the Hobbs Magistrate Court I saw the most amazing thing.You see as I have told each of you, the Hobbs Magistrate Court has permitted D.A.'s and law enforcement to enter into one entrance while everybody else had to enter into another entrance.That is an absolute prohibited practice for courts in New Mexico.But today I saw something that trumps it all.An assistant district attorney, Moses Brown, was coming out from the clerical area of the Magistrate Court.Yes, you heard me correctly, the clerical area. Where staff work. Where secretaries work. Where absolutely nobody is permitted to go but court employees.The absolute golden line that may not be crossed in any courtroom in the country is that nobody is permitted in the clerical area of the courts except court employees.There is good reason for that:  the clerical area is where search warrants are filed, arrest warrants are filed, monies are taken in, papers that nobody else are permitted to see are kept in…

Nora Espinoza Shines At Hobbs Republican Meeting

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Absolutely amazing speech.I got to meet Larry Scott, Gay Kernan, and Keith Manes.  That was such a highlight.But Nora's speech was the best. Her idea of unity beyond everything else didn't fly with me, but all of her other ideas were wonderful.If the Republican Party is smart, it is people like Representative Espinoza that will be invited into the Party at an alarming pace.She may not always play well in low-key extremely conservative, older, and Anglo districts, but she sure will appeal to younger Republicans like myself.Great job Nora!

Why Hobbs Justice is No Justice At All

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Because Dianna Luce doesn't base plea bargains on the crime, the defendant, and the particulars of the case.........No.She bases it on who is representing the defendant.That is the sign of a weak district attorney.A weak cache of assistant district attorneys.That is the sign of a lazy district attorney's office.An office that doesn't want to open the file and actually read it, but simply looks and sees who the defense attorney is and then gives out good pleas if the defense attorney is "Pro-Dianna" or bad pleas if they are "Anti-Dianna."That equals no justice. Or bad justice. No district attorney worth their weight would conduct their business affairs that way other than Dianna Luce.But she does. And she teaches her assistant district attorneys to do the same.And that's why Hobbs justice is no justice at all.

Smith, Sarma & Cull on Gauging Consensus Against a Punishment

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Robert J. Smith , Bidish Sarma and Sophie Cull (University of North Carolina School of Law , University of California, Berkeley School of Law and Independent) have posted The Way the Court Gauges Consensus (and How to Do it Better)...

Yung on Policing Rape

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Corey Rayburn Yung (University of Kansas School of Law) has posted Policing Rape on SSRN. Here is the abstract: For decades, reformers have sought to increase the number and success rate of rape prosecutions by amending evidentiary rules, substantive definitions...

The FBI Can Use Dead Suspects’ Fingerprints to Open iPhones

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In this ever-increasing digital age, personal privacy and rights continue to controversial topic. In the midst of San Bernardino shooter Syed Farook’s investigation, the District Court of California, at the formal request of the FBI, issued an All Writs Act 1789 order on Apple asking them to code a special iOS to be installed on Farook’s iPhone. The code would allow the FBI to make unlimited guesses at Farook’s password. As Apple makes their iPhones increasingly secure, the FBI is having trouble hacking into iOS data, which is costly and time-consuming. As a result, the government has tried to co-opt Apple and used the Writ Act to force Apple to collaborate with them. Apple has currently appealed its case, with its CEO Tim Cook issuing a statement that such a code would threaten the security of iPhone owners, and pledging to uphold people’s privacy. In the interim, they have figured out that Apple’s TouchID can be bypassed with people’s…

Who The Hell Is Jeff Proctor?

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Because he is now my hero.The finest article written in any media outlet I have read in a long time.And I read a lot of them.If only Dianna Luce did as much as Angela "Spence" Pacheco did in her district.If only.....No, Dianna Luce does nothing.  As innocent bodies pile up.......pile up..........pile up.........Dianna Luce stands silent.Dianna Luce turns her head to innocent Lea County murder victim shot by police officers.  She turns her head to their families.  She turns her head to their children.Ladies and gentlemen, I present Jeff Proctor.Jeff.......great, great work.By the way Jeff, I invite you to Hobbs, New Mexico.  The absolute epicenter of officer-involved shootings where there have been no charges brought against the officers who have done the numerous shootings.Enjoy people.  Enjoy.http://nmindepth.com/2016/03/23/puff-of-smoke-justice-system-designed-to-clear-cop-who-killed-jeanette-anaya/

Silver on Intent Reconceived

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Jay Sterling Silver (St. Thomas University - School of Law) has posted Intent Reconceived (Iowa Law Review, Vol. 101, 2015) on SSRN. Here is the abstract: This piece builds the foundation of a new paradigm in legal intent that advances...

Rolling Stones: ¡Hola Cuba!

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How much do the Rolling Stones appreciate Cuba? Here's their message in Spanish. At their historic free concert in Havana tonight, they opened with Jumpin Jack Flash. Cuban officials expected 500k to attend. The stage the Stones shipped to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Cutting Crime With Backward Policing

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Reasoning happens two ways, deductively or inductively.  The difference between the two can vary, but if you don’t think too hard about it, the latter can make almost as much sense as the former to the unwary.  And when used to pitch a concept, it almost makes it seem legit. NYPD Commissioner Bill Bratton and his trusty sidekick, Mayor Bill de Blasio, depend on it. On Tuesday, NYC Police Commissioner Bill Bratton responded to knife fear. As part of a new operation helpfully dubbed “Cutting Edge,” officers will be deployed to hotspot locations and will track the incidents separately from other felony assaults. There have been a few spectacularly horrible random knife attacks in New York City, and it’s given rise to what people do best: fear.  And there were 900 knife attacks already this year!  Oh my god, it’s an epidemic. We’re all gonna die. Except we’re not. The same can’t be said for several of the…

An Official Fantasy of Title IX

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The applause from the cheap seats couldn’t be missed.  There is was, a report, from no less an august body as the American Association of University Professors.  And for the first time in recent memory, the report didn’t gush about the need to do everything possible to end the plague of campus rape and hate speech. That’s why there was applause. Woo hoo! As a result of committed student and faculty activism, the topic of sexual harassment and assault within universities1 has entered the national spotlight. Renewed attention to these problems has been met by a federal push to establish universities’ compliance with Title IX of the Education Amendments of 1972.  Yet Title IX’s track record has proven to be uneven. Success stories about compelling universities to address problems of sexual assault, such as those recounted by student campus groups,3 are matched by reported cases in which university administrators fail to punish gross and…

Japan conducts two old-school executions despite international criticisms

No Mail Today

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The jealousy between various government entities is the stuff of legend, like excuses as to why nobody figured out that terrorists were here learning to fly planes into very tall buildings. But usually, that plays out between law enforcement agencies. At least they all have guns. The mailman, on the other hand, is easy game. Late in the afternoon on St. Patrick’s Day, Glen Grays, a 27-year-old African-American mail carrier, was making his rounds in Crown Heights, in Brooklyn, about to leave a package at 999 President Street. Just in case you are unaware, Crown Heights is not one of those neighborhoods in Brooklyn where hipsters live. On this afternoon, Mr. Grays was descending the steps of his mail truck backward, as postal workers often do to minimize wear and tear on the knees, when out of the corner of his eye he noticed a car making a sharp right turn onto President from Franklin Avenue. Mr. Grays shouted at the driver, climbing back up the steps to avoid getting…

Don’t Gamble with your Future—Getting Your Mohegan Sun Breach of Peace Arrest Dismissed in Norwich Superior Court

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It’s a fun but risky combo—drinking, gambling, bars, and concerts with general admission mosh pits. No matter what your vice is, the Mohegan Sun Casino has been offering up a good time for millions of patrons for years. But once in a while, a fun night can get a little out of control and you can find yourself arrested by the Tribal Police at Mohegan Sun for Breach of Peace, Disorderly Conduct, Assault, or Narcotics Possession and ordered to Norwich Superior Court to face your charges. And as any of the best Norwich Connecticut Mohegan Sun criminal lawyers and attorneys would tell you, these cases must be taken seriously, as they are usually misdemeanor or felony charges that, if not handled properly, can end up on your record permanently. So what are the odds of getting your Mohegan Sun arrest dismissed?  Much better than those at the craps table… Pequot Tribal Police Now Have Connecticut Arrest Power at Mohegan Sun While Mohegan Sun still exercises…

Prosecutor elections, the limits of reasonable suspicion, and other stories

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If only to clear my browser tabs, here are a few odds and ends that may interest Grits readers:TX prosecutor election outcomesBy TDCAA's calculations, there will be at least 20 new elected prosecutors across Texas by the time the 2016 election season ends. See details here.Dallas cops still can't ticket for marijuanaDespite urging from the county, which must pay to jail pot smokers arrested by Dallas PD, the Dallas City Council declined to allow its officers to issue citations instead of making arrests for low-level marijuana possession. The vote was 10-5. That sounds like a dandy issue to campaign on in a local election, don't you think? What a waste of officers' time and county jail resources! Austin extends "ban the box" to private sectorThe Austin City Council made it easier for ex-offenders to get a job, requiring larger employers to ban-the-box. I've been grumpy at them lately on non-criminal justice topics, but must give credit where…

Case o' The Week: Lundin - "I hear you knocking . . . "

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“. . . .but you can’t come in.”  United States v. Lundin, 2016 WL 1104851 (9thCir. Mar. 22, 2016), decision available here.Players: Decision by Judge W. Fletcher, joined by Judges Berzon and Bea, upholding suppression decision by ND Cal D.J. Tigar. Big win for N.D. Cal Chief Ass’t Geoff Hansen and Research and Writing Attorney Steve Koeninger.Facts: Cops learned of a request for the arrest of Eric Lundin. Id. at *2. At 4:00 a.m. they went to Lundin’s home, stood on his porch, and knocked loudly on his door. Id. They heard crashing behind the house, ran around, and discovered Lundin in the backyard. Id.  A search in the backyard and patio revealed a pair of handguns that matched the description of guns used in an earlier alleged kidnapping. Id. Lundin was charged with being a felon in possession, and moved to suppress the guns. Id. at *3.   District Judge Tigar granted the motion; the government took an interlocutory…

Broward Sex Crimes Dating Back 20 Years Now Prosecuted

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“Justice delayed is justice denied,” goes the old saying. And this is as true for a defendant as it is the victim. That’s because when cases are filed five, 10 or 20 years or more after an alleged crime, it becomes exceedingly difficult to challenge the veracity of the charges. Witness memories fade. People retire. Others die. Receipts that might have verified or disproved certain elements are gone. Records are trashed. That’s why if you are accused of a Broward sex crime that involves years-old allegations, you must hire an experienced defense attorney to help ensure your rights are protected. One such case was recently reported by The Sun Sentinel, involving a Pembroke Pines defendant accused of raping one child and molesting another two decades ago. According to news reports of the case, 41-year-old Navin Rambarran is now being held in the Broward Main Jail on numerous sexual battery charges. The arrest affidavit indicates a woman recently came…

TX: Being a ‘known criminal’ on the street at 2 am in a high crime area not reasonable suspicion

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The office “cited the time of day, the area’s known narcotic activity, and his belief, based on what other officers had told him, that Appellant was a ‘known criminal’ as the reasons for detaining Appellant. The court of appeals concluded … Continue reading →

CT: Photographing def’s body would not be a search

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“In the present case, the police officers’ attempts to photograph the defendant did not constitute either an unreasonable search or compelled self-incrimination. Because the defendant had no fourth or fifth amendment right to refuse to be photographed, his noncooperation was … Continue reading →
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