The Texas Court of Criminal Appeals this week overturned a rape conviction out of Dallas for Darryl Adams after DNA testing from the rape kit failed to match his profile. Testing could have been done a decade ago but was denied by the courts. No press coverage on this one yet, as far as Grits can tell.Mr. Adams was granted relief under Texas' new junk-science writ but the court did not declare Adams actually innocent, though that's the implication of the failure to match his DNA to the rape-kit evidence. So this is another non-exoneration exoneration, leaving Mr. Adams in limbo when it comes to securing compensation for his wrongful conviction. Best of luck to him.
DNA overturns rape conviction but doesn't formally 'exonerate'
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CA10: Defendant granted a general consent to search his vehicle, and that included closed containers; even prying broken seams of an ice chest
Defendant granted a general consent to search his vehicle, and that included closed containers. Here, there were two ice chests. The hinges and seams looked tampered with and they contained fish (often to mask drug odor). One officer used an … Continue reading →
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Cal.1st: Warrantless school search of cell phone on RS justified by T.L.O.
A warrantless search of cell phone in a school was justified by reasonable suspicion under T.L.O. that the student had been in possession of a firearm found at school. There was sufficient exigency for Riley under T.L.O. Alternatively, the search … Continue reading →
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Can Police Search Your Car if they Smell Marijuana?
Often times, upon stopping a motor vehicle, police will claim they smell marijuana leading to a search that yields not only marijuana but other controlled substances. If the officers claim they smell marijuana, under current case law, law enforcement has a right to search the individuals in the car as well as the interior of the car. The leading original case that gives law enforcement this right is State v. Betz, 815 So. 2d 627 (Fla. 2002), a Florida Supreme Court case. We’ve handled countless cases in which a vehicle was stopped and the law enforcement officer claims to have smelled marijuana. However, in some scenarios, when the officer searches the vehicle and people or person within the car, no marijuana is found yet the search yields other types of controlled substances, often resulting in a felony arrest. The facts must be thoroughly analyzed by an attorney experienced in search and seizure law. This scenario may come down to credibility of the officer or…
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Wouldn't (severe? creative?) alternatives to incarceration be the best response to animal cruelty convictions?
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The Hill: Former NSA head to FBI: ‘Get over’ Apple dispute
The Hill: Former NSA head to FBI: ‘Get over’ Apple dispute by Cory Bennett: A former head of two intelligence agencies had a clear message on Friday for the government as it tries to get Apple to unlock an iPhone … Continue reading →
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How our office restored a client’s New York State drivers license and driving privileges that had been suspended since 1983
At Palumbo & Associates, PC, we are not just experts in New York speeding and traffic ticket defense. We also represent clients before the New York State Department of Motor Vehicles in specialized proceedings and applications to either defend against administrative action taken against a motorist, or to apply to restore or renew driving privileges after a revocation or suspension period. We represent clients in proceedings including but not limited to fatality hearings, medical review hearings, and special reviews for re-licensing after a DWI conviction and suspension. We also do license reviews and consultations in order to either assist or represent a motorist in restoring driving privileges after a suspension or revocation. Restoring New York State driving privileges or a license after a suspension or revocation is not a straightforward task, as there are over 110 reasons why a NYS driver’s license or privilege can be suspended. Depending on the nature of…
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New Orleans City Council reduces penalties for pot possession
Penalties for Marijuana Possession Reduced in New Orleans About a month ago, I wrote about the possibility of the New Orleans City Counsel reducing the penalties for possession of Marijuana in the city limits. The Counsel voted unanimously on March 17 to allow police more leeway in issuing citations for simple marijuana possession. The 7-0 decision marks a policy change by city leaders that’s aimed at reducing the number of arrests for minor drug crimes, the Times-Picayune newspaper reported. A city ordinance already gave New Orleans police the authority to write a ticket for first-offense possession. The ordinance that allows police to issue summonses for third and subsequent simple possession charges, according to the newspaper. It’s still illegal to smoke marijuana in New Orleans; police also will retain the right to apply a stricter state law to people who are caught with pot, depending on the circumstances of the arrest. But the new local law lessens the…
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The Ghomeshi Verdict: Part 1
In the aftermath of ex-CBC celebrity Jian Ghomeshi’s acquittal on sexual assault charges, you could feel sympathy for the misunderstood victims and their placard-waving supporters. Yes, you could…but you shouldn’t. The ever-changing testimony of the three women who alleged that Mr. Ghomeshi assaulted them presented a field day for any lawyer with a rudimentary ability to cross-examine. For Mr. Ghomeshi’s highly skilled advocate, Marie Henein, it was “easy pickings” and here’s why. The witness referred to as L.R. met Mr. Ghomeshi at the CBC Christmas party in 2002 where she was hired as a waitress. After a brief flirtation, he invited her to come to the CBC studio to see him tape his show. She attended several times alone and their sexual interaction was limited to kissing. One time as they sat in his car, he suddenly “pulled her hair”, which puzzled her, but did not impact their continuing relationship. On the last…
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The Sex Trade and the Sexual Assault of People in the Industry
Prostitution has been called the “oldest profession in the world,” probably because it has been around since the beginning of time. Since sex is considered a trade by those involved in the industry, can it therefore be surmised that a sexual assault and battery on a person involved in the industry not be considered a true crime? Some time ago, a Chicago Sun-Times editor by the name of Mary Mitchell ran an article stating that in her opinion, a sexual assault and battery on a prostitute is nothing more than a “theft of services,” and not a rape. It is Mitchell’s belief that in considering the sexual assault of a prostitute working in the “industry” a rape, did nothing more than minimize the act of rape of “real” victims and, therefore, an insult to those whom she labeled as “real” victims. It begs the question whether Mitchell would also not consider a wife who had been raped by her husband, a “real”…
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NY: Two on waiver for failure to articulate search issue, and failure to join defendant’s search issue is waiver
Defendant failed to preserve for review most of the issues for suppression by not making them specific in his motion to suppress and then getting the issue somehow before the trial court. Moreover, his failure to join in a codefendant’s … Continue reading →
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OR: SW for trace evidence on carpets allowed search of carpet cleaning equipment
In an attempted murder case, defendant was convicted of conspiracy. “[P]olice had a warrant to search the entire residence for evidence, and that DNA, blood or blood spatter, hair, and trace evidence were the types of evidence that one could … Continue reading →
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 467 Defending the Indefensible? The Increasingly Difficult Job of Defending Soldiers Accused of Sexual Assault Mason S. Weiss Government of the United States of America - Army Date posted...
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Detective Antonio De La Fuente: Bad Policing Done Really, Really Bad
Got word that Detective Antonio De La Fuente of the Hobbs Police Department was looking for a reason, any reason, to arrest a person immediately the other day, even though he didn't know for sure the person had done anything wrong.The inference I got from the conversation is that Detective De La Fuente was looking closely in order to throw handcuffs on the person. Why? Because he didn't like that particular person.Tony, Tony....Haven't you been slapped around by the Courts enough for violating a person's constitutional rights.You see Antonio De La Fuente has made law. Law in the bad way. Law in a way that no officer wants to make law.Detective De La Fuente arrested an eighteen year-old and took him to jail for an offense that a person could not be jailed.Yes, you heard me correctly, Detective Tony De La Fuente literally violated the constitutional rights of an eighteen year-old kid.Don't believe me?Here you go. The Court leaves…
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Next week's criminal law/procedure arguments
Issue summaries are from ScotusBlog, which also links to papers: Monday Betterman v. Montana: Whether the Sixth Amendment’s Speedy Trial Clause applies to the sentencing phase of a criminal prosecution, protecting a criminal defendant from inordinate delay in final disposition...
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Person Medically Incapable Of Urinating Is Not ‘Refusing’ The Test
A judge in Columbus, Ohio found a man to be in violation of probation because the man was unable to urinate upon request. The judge was aware the defendant, Mr. Hand, had medical problems which caused urinary difficulties and was taking medication designed to increase his urination. Nevertheless, the judge concluded Mr. Hand’s inability to urinate constituted a “refusal” to submit to a urine test. Individuals placed on probation for DUI/OVI in Ohio do not have this kind of experience, ordinarily. But this was no ordinary case. Ordinarily, probation (also called “community control” in Ohio) is imposed by a judge for two reasons. First, probation is imposed so somebody has the responsibility of monitoring the defendant’s compliance with court orders. That somebody is the probation officer. Second, probation is imposed to give the defendant incentive to comply with court orders. If a probationer…
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CÓMO EXPLICARME
Los acontecimientos o sucesos en esta etapa del proceso electoral nos obligan a pensar que todo está direccionado por el poder y no por el administrador del Perú, para enfrentar en la segunda vuelta a dos personajes, los candidatos de “Peruanos por el Kambio” y “Fuerza Popular” confiando a la sazón concluyo, en la estupidez secular del elector. Sin embargo no imagino una segunda vuelta entre ambos, es probable que uno sí esté el segundo todavía en duda, espero sea Alfredo Barnechea. ¿Por qué pienso así?, veamos: Ø El peruano promedio y en edad de elegir no es tan idiota como el poder cree, los miles de jóvenes contrarios a la presencia del fujimorismo así lo confirman. Ø Hemos aprendido de los famosos “regalitos” vergonzosa compra del voto y la conciencia por un paquete de galletas o medio kilo de fideos. Ø En el…
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Are You on the No Fly List?
No-fly List: Are you on it? Those wishing to fly out of McCarron Airport could be surprised to find they are unable to do so because they have inadvertently been placed on the government’s “do not fly” list. If so, they will be in good company, as a number of U.S. Senators including the late Edward Kennedy have also been placed on this list. From 2009 to 2012, the number of names on the no-fly list increased substantially. This was due to concerns over gaps in creating this list, thereby leading to suspected underwear bomber Umar Farouk Adbulmutallab boarding a plane bound for Detroit, Michigan on Christmas day. The aggressive efforts of the Transportation Security Administration have resulted in embarrassment for many, as even toddlers have had faced additional scrutiny at airports around the country. Exactly how one’s name is selected for the no-fly list is uncertain, but many speculate it could have something to do with holding assets or conducting…
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Selbstleseverfahren, Band 149
Zum langen Osterwochenende gibt es wieder unseren Wochenrückblick im Selbstleseverfahren. Foto: PlaceIt.net Der andere Präsident „Anwalt der Schurken“ Leben und Sterben des Mörders Tauschbörsen-Prozess: BGH-Anwalt der Musikbranche empfiehlt Ohrfeigen „Staat und Justiz verlieren ihre Autorität“ Angeklagter will mit Adele-Song Richterin erweichen Flüchtlinge retten NPD-Politiker aus Unfallwagen Wenn der Anwalt ins Netz geht Handyauswertung durch die Polizei: Wie Ermittlungsbehörden arbeiten Unverschämt? Für 162 € kann man doch wohl „knapp 24.400 Blatt“ Akten lesen! Reform des Sexualstrafrechts --- Hinweis: Wir haben unsere Feed-Adresse aktualisiert: http://www.strafakte.de/feed/ Bitte aktualisieren Sie die Adresse demnächst in Ihrem Feed-Reader, um sicherzustellen, dass Sie auch weiterhin den Feed erhalten. © Strafakte.de: Twitter - Facebook - Google + | Impressum Der…
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Bangladesh tycoon's death penalty upheld
Source: The Straits Times (9 March 2016)http://www.straitstimes.com/asia/south-asia/bangladesh-tycoons-death-penalty-upheldBangladesh's Supreme Court has upheld the death sentence of Jamaat-e-Islami's chief financier, imposed for war crimes, in a major blow to the country's biggest Islamist party.Mir Quasem Ali, a shipping and real estate tycoon, was convicted in 2014 of abducting and murdering a young fighter during Bangladesh's 1971 war of independence against Pakistan. Three senior Jamaat officials and a leader of the main opposition Bangladesh Nationalist Party (BNP) have been executed since December 2013 for war crimes, despite global criticism of their trials by a controversial tribunal.The trials have divided the country and sparked deadly protests, with supporters of Jamaat and the BNP branding them a sham aimed at eliminating their leaders."The court upheld his death sentence for the abduction and murder of a young freedom fighter whose body…
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