Since outrage is the flavor of the day, why not the public defenders in Miami? And as David Ovalles at the Miami Herald shows, they’re plenty steamed. A Miami Beach cop, worried about his words being twisted at trial, recently used his newly outfitted “body camera” to record a hallway interview by a defense attorney — without telling her first. The resulting objection from the Miami-Dade Public Defender’s Office, it is safe to say, was strenuous. Not to be trite, but they strenuously objected? About what? The incident sparked outrage from the Public Defender’s office, which called the recording “a violation of Florida law” and re-ignited long-running complaints that defense attorneys in minor cases are generally not allowed formal interviews with witnesses before trial. Except it’s not really a violation of Florida law, which exempts police from a prohibition on non-consensual recording of private…
The Miami Public Defender’s Close-Up
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Libertarian Prez candidate Gary Johnson predicting Prez Obama will deschedule marijuana
This new Washington Times article, headlined "Gary Johnson predicts Obama will reclassify marijuana on way out of office," reports on some interesting comments by one candidate aspiring to be in the Oval Office about what its current occupant will do before he leaves. Here are the details:nbsp; Former New Mexico...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/_a4kCSkiolE" height="1" width="1" alt=""/>
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Federal court to hear challenge to "scarlet passport" provision of International Megan’s Law
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Traitor To The Cause
The lawyer defending Canadian radio host Jian Ghomeshi did a heck of a job. So why is she catching all sorts of shit for her success? Because she’s a she. A woman. A female. A traitor to her gender. Marie Henein, the lawyer who successfully represented former CBC Radio host Jian Ghomeshi, is rejecting any accusations that she has betrayed women by taking on the high-profile sexual assault case, insisting that justice was served in the trial. Is she ashamed of having done her job, and done it exceptionally well? Are you kidding? “I’m thrilled with the result,” said Henein in an exclusive interview with CBC’s chief correspondent Peter Mansbridge on The National. “Obviously I think it is the correct result. It was a principled result in a case where people were agitating, I think perhaps not being as measured as we would like.” Not being as measured as we would like is, well, a bit of Canadian hyperbole. The reaction on social…
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"Sentencing Reductions versus Sentencing Equality"
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Revenge Porn Laws in Texas
Revenge Porn Laws in Texas A troubling trend has been occurring in recent years as more and more people have gained easy access to the Internet and video recording devices. The phenomenon of “revenge porn” has become so serious that laws have recently been passed in Texas to deal with it. This activity has been deemed to be a dangerous threat to public safety and criminal penalties have been established for engaging in acts of revenge porn. As recently as September 2015, the Texas state government passed a law banning acts of revenge porn. With this new law in effect, people who engage in this activity may have to deal with severe criminal penalties. Defining the Crime What exactly is revenge porn? This is a question with several different answers. In effect, revenge porn is categorized as any type of photo or video that is taken of a person in a sexual situation when those photos or videos are posted online without the subject’s consent. In many cases, these…
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Storycorps: DWI Edition
On Fridays, National Public Radio features recordings from its Storycorps booth. These recordings sometimes feature a teacher and student, a parent and child, spouses, or a single person discussing a life-changing experience. They are always thought-provoking, and often are heart-wrenching. I’m not looking to steal Storycorps’ thunder nor aiming to make anyone cry (a common Storycorps side effect), but I am interested in creating a broadcast for the School of Government that relates to impaired driving. I want to start by hearing from people who have been convicted of misdemeanor impaired driving. I want to know whether and how that experience altered the course of their lives–for the better or for the worse. I’m particularly interested in learning about how the many sanctions imposed on impaired drivers– license revocation, substance abuse treatment, jail time, and community service requirements–affect people. If you were convicted of…
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Best of Brand New: The Real Billie
HBO is playing a pretty provocative show right now on the late great Billie Holiday.And, maybe the show gets it right.I don't know.But even if it does, there's nothing like the real thing to do the trick.She was a more refined derivative of Bessie Smith, but ever since Lady Day, every great female vocalist has been a derivative of Billie Holiday.See for yourself:And the tour d'force, which is "Strange Fruit."
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For Female Inmates Dignity is Elusive
People laughter when Piper Chapman came out of the showers during Orange is the New Black’s first season. She used maxi pads to created shoes. It was a scene based in reality.At New York’s Rikers Island, female inmates use tampons as scrubbing pads — not as sponges. Prison issued tampons are waterproof.Humiliating in PrisonTo request a macho guard to give a tampon is humiliating,” wrote Chandra Bozelko in The Guardian . “But it’s more than that. It is an acknowledgment of the fact that the prison controls your health and your self-esteem.”Another female inmate in Riker’s Island wrote to the Committee Against Political Repression about how she was made to feel going without pads or tampons. “It is an experience that either works to degrade inmates, intentionally or degrades us as a result of trying to save money. Either way, the consequences are the same: prison makes us hate a portion of ourselves. It turns us against our…
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Dervan et al. on Innocence
Lucian E. Dervan , Richard A. Leo , Meghan J. Ryan , Valena Elizabeth Beety , Gregory M. Gilchristand William W. Berry III (Southern Illinois University School of Law , University of San Francisco - School of Law , Southern...
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Quality control essential for crime labs, boring for news reporters
The Houston Forensic Science Center, formerly the Houston PD crime lab, recently changed procedures in light of an inspector general investigation which found insufficient attention to and reporting of evidence contamination errors in the lab, reported the Houston Chronicle (March 25):Houston's crime lab requested the inquiry last month after an anonymous complaint was filed with the Texas Forensic Science Commission regarding the repeated misuse of new lab equipment, leading to tainted blood specimens. OIG inspectors said lab staff took too long to report the initial error, which occurred last May, but did not find malfeasance."OIG sustains the concern that none of the individuals in the operational chain of command on notice of the error notified the quality director of the May 2015 error, resulting in an improper reporting delay from May to November," Inspector General Robin Curtis wrote. "Because of the totality of the circumstances…
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The U.S. Secret Service, “Fraudulent Possession of Identifying Information” and the Laptops
This post examines a recent opinion from the Court of Appeals of Texas – Houston: Minassian v. State, 2016 WL 1054719 (2016). The court begins by explaining that agrand jury indicted Arkadi Minassian for the offense of fraudulent possession of identifying information. See TEX. PENAL CODEANN. § 32.51 (West Supp. 2013). Minassian moved to suppress the evidence that law enforcement seized at the time of his arrest, contesting both the lawfulness of that arrest and the search of (1) the white Nissan Armada in which he was traveling at the time of his arrest, and (2) two laptop computers found within the Nissan. The trial court denied the motion. Minassian then pleaded guilty, and the trial court assessed his punishment at thirty years' confinement. . . .Minassian v. State, supra. The court went on to outline the facts that led to Minassian’s being charged with, and convicted of, the offenses outlined above:The United…
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Online Poker: A New Way to Bank?
In light of Tax Day (note that it’s on the 18th of April this year due to a holiday on the 15th) we want to point out a curious ramification from a federal case concerning online gambling, tax reports, and foreign accounts. In United States v. Hom [1], the defendant, John C. Hom, was an online poker player who had money in player accounts situated outside America. Accounts such as these are used for depositing funds, wagering them on the site, and withdrawing whatever remains; they are not generally treated as “bank accounts” proper, and Hom did not bother to file a tax return on them. Surprisingly, the court said he should have. As explained by the court in its decision, an individual is mandated to file an FBAR (a Report of Foreign Bank and Financial Accounts) for a reporting year if all of these requirements are satisfied: (1) he or she is a United States person; (2) he or she has a financial interest in, or signature or other authority over, a bank,…
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Do They Know What You Want When The End Arrives? Why a Texas Medical Power of Attorney Is An Important Document To Have!
Why a Texas Medical Power of Attorney Is An Important Document To Have! If You Were Incapacitated, Who Do You Want to Make Your Medical Decisions for You? Because this is an important question, it is important to know why a Texas Medical Power of Attorney is an important document to have! Do they know your religious beliefs? How about what conditions you would want the Doctor to cease providing medical care? Have you taken the steps to ensure that this person can legally make these decisions for you?It Is A Lot Harder To Pull the Plug Than You Think Decisions concerning end-of life care and incapacity can be the most difficult decisions for anyone to make. Most often, these types of decisions are left to loved ones; and in so many situations these decisions tear families apart. Most people however, don’t want to discuss these topics, and don’t know where to start. Because this is an important issue, it is important to why a Texas Medical Power of Attorney is an…
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Bernard Brief Bank: All Amicus Briefs Have Been Filed
In case you didn't already know, the United States Supreme Court is set to determine whether or not Minnesota's DWI laws are constitutional. The highest Court accepted review of three cases - here they are, with hyperlinks to the Supreme Court docket for each case: Bernard v. Minnesota (14-1470): is it constitutional for a state to criminalize the act of refusing to submit to a warrantless DWI search? Birchfield v. North Dakota (14-1468): Is it constitutional for a state to criminalize the act of refusing to submit to a warrantless DWI search? Beylund v. North Dakota (14-1507): Is it constitutional for a state to claim that a driver "consented" to a warrantless search when that driver was threatened with the crime of refusal? TIMELINE: The briefs in support of the Appellants (Bernard, Birchfield, and Beylund) have already been filed, as have the briefs filed by several amicus…
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Hector Calderon of Greenacres, Florida Arrested for Leaving the Scene of a Fatal Crash and Driving Without a Valid License
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Report: Possible Tougher Drunk Driving Laws in Massachusetts
There is no question there is an increasing amount of support for tougher drunk driving laws in the Commonwealth of Massachusetts. This is not surprising when we consider that more Americans have lost their lives in drunk driving accidents than they have in all recent wars combined. This means that there are lots of victims of drunk driving accidents, and a lot of family members who lost a loved one as a result of a serious drunk driving crash. A recent feature from the Lowell Sun looks at an effort now being made to increase the penalty for drunk driving in Boston and throughout the Commonwealth of Massachusetts. This new proposed law deals with the use of ignition interlock devices being installed on cars. The devices require a vehicle operator to blow into a breath test tube to verify he or she is not intoxicated. The test is required to start the vehicle, and it is also required at random points while driving. The reason for the random tests is that some…
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Sixth Amendment Right to Counsel Infringed When Untainted Assets are Frozen, Preventing Payment of Attorney Fees
In Sila Luis v. United States, the Supreme Court rules "[a] federal statute provides that a court may freeze before trial certain assets belonging to a criminal defendant accused of violations of federal health care or banking laws. See 18...
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Fascinating SCOTUS Sixth Amendment splintering in Luis v. United States
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N.D.Ill.: Assistance and foreign wiretap were done by locals; no U.S. involvement, so no 4A protection
Defendant was indicted for ATM skimming and other identity theft offenses. The FBI started the investigation and contacted Bulgarian police about phone numbers from there. Bulgarian police tied the numbers to defendant, and they procured wiretaps at U.S. request and … Continue reading →
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