The search of defendant’s backpack was supported by two rationales: Lack of a reasonable expectation of privacy and automobile exception. As to the former, “Even if Rivera did have a reasonable expectation of privacy, the district court found that Rivera … Continue reading →
CA11: Putting a backpack in trunk and distancing self from it and then giving false name was abandonment
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Kagan’s Dissent: Overrule Monsanto
The Supreme Court’s plurality opinion in Luis v. United States may have come out right, but it did so in a way that should scare the crap out of a criminal defense lawyer. The main opinion, by Justice Breyer, with the votes of CJ Roberts, and Justices Ginsburg and Sotomayor, holds that the government cannot deprive a criminal defendant of the use of untainted funds to defend herself from prosecution. The property at issue here, however, is not loot, contraband, or otherwise “tainted.” It belongs to the defendant. That fact undermines the Government’s reliance upon precedent, for both Caplin & Drysdale and Monsanto relied critically upon the fact that the property at issue was “tainted,” and that title to the property therefore had passed from the defendant to the Government before the court issued its order freezing (or otherwise disposing of ) the assets. By balancing the government’s interest in recovering the…
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McDermott on Mental Healthcare in Juvenile Prison
Sara A McDermott has posted Calibrating the Eighth Amendment: Graham, Miller, and the Right to Mental Healthcare in Juvenile Prison (UCLA Law Review, Vol. 63, No. 712, 2016) on SSRN. Here is the abstract: Young people locked up in juvenile...
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Why Apple Wouldn’t Help with a Federal Criminal Investigation
On December 2, 2015, two individuals walked into a company holiday party at the Inland Regional Center at San Bernardino, CA, and opened fire on the 80 or so employees in the room. Fourteen people were killed and another 21 were injured. The suspects, who died later in a shootout with police, were identified as [...]The post Why Apple Wouldn’t Help with a Federal Criminal Investigation appeared first on Columbus Criminal Attorney.
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IL: Unconveyed intent to seize def didn’t make this not consensual
The officer’s subjective intent that this was a seizure was not conveyed to defendant, and each of the queries to defendant were requests not commands. Defendant consented. “Specifically, LaGrange testified that when he asked Youngman if he had anything illegal … Continue reading →
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The Split Is Part of the Probation
Probation that includes incarceration is “special probation.” But it’s still probation. If a defendant falls in a cell on the sentencing grid (felony or misdemeanor) that allows for intermediate punishment, he or she may be sentenced to special probation—better known as a split sentence. Recently, I have seen or heard about situations in which the court conceives of the active portion of the split as something separate from the probation itself. That is, the court will order the defendant to complete some term of confinement (up to one-fourth the maximum imposed sentence in a Structured Sentencing case, or up to one-fourth of the maximum penalty allowed by law for a DWI), and then order a period of probation to begin at the expiration of that confinement. In my opinion an order like that misunderstands the nature of a split sentence. The confinement is part of the probation, not a precursor to it. Several statutes make that clear. First, the confinement…
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CLERK'S OFFICE TO CLOSE
David O Markus In County Court? See Below. The Clerk's Office to close???Well, not quite. But we're heading that way. Think we're "foolin?" Check the date of the post: 3/31/2016Changes are coming to the Clerk's office, none of them good. You want limited government? You got it. Just don't arrive on the 9th floor of the Dade County Clerk's Office with a question because the clerk who sits in the booth opposite the elevators and answers questions is being re-assigned. You have a question? Google it. In our milieu, there used to be two clerks in the attorneys room handling file requests. Now there will be one. There will be longer lines and increased wait time. As a smart and resourceful lawyer you are thinking that you will just use one the clerks at the windows for the general public. Think again. Attorneys are BARRED from using those services:"Sir. Drop your file request form on the floor, raise…
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OH11: Officers had reason to believe def at home; entry and plain view valid
Officers had an arrest warrant for defendant and knocked at her apartment door saying only “Sheriff’s Office.” A falsetto voice said “Ashley’s not here.” Officers responded “How do you know we’re looking for Ashley?” They were let in, and they … Continue reading →
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Are There Different Types of Drug Possession Cases?
Like all states, Arizona regulates the possession of a controlled dangerous substance. The State takes it a step further by differentiating between the type of drug category (dangerous vs. narcotic, for example) and whether or not you are a repeat offender. A good Arizona drug possession attorney will be able to help you determine what class felony your charge will fall under, what your defense options are, and what you can do to reduce sentencing options. Here are a few of the different types of Arizona drug possession cases and typical punishments for a conviction. MARIJUANA The punishment for marijuana is dependent on the amount of drugs in your possession. Less than 2 pounds is considered a Class 6 felony and can come with up to two years in prison and a fine of $150,000. More than 2 pounds, but less than four, moves you into a Class 5 felony where you can be charged with six months more of prison time and the same hefty fine. Having over 4…
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One vehicle crash blocking left NB I15 at milepost 80, near Fort Hall
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 03/31/2016 8:06 a.m Please direct questions to the District Office The Idaho State Police is currently investigating a one-vehicle crash northbound I15 at milepost 80, near Fort Hall. The left lane is blocked at this time. More information will be relayed as it becomes available. <JH / EH> -------------
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**UPDATE** Details On Injury Motorcycle Crash On I84 In Boise
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 03/31/2016 8:06 a.m. Please direct questions to the District Office *****BEGINNING OF UPDATE***** Ronald Engle succumbed to his injuries the evening of Wednesday, March 30, 2016 at St. Alphonsus Regional Medical Center in Boise. KB / HG *****END OF UPDATE***** On Sunday, March 27, 2016, at 8:00 p.m., Idaho State Police investigated an injury crash on I84 at Exit 50A, Overland Road, in Boise. Ronald W. Engle, 57, of Jerome, ID was traveling eastbound on I84 on a 2008 Kawasaki motorcycle. As he was exiting I84 when he lost control and was ejected from his motorcycle. Engle was not wearing a helmet. He was transported by ground ambulance to St. Alphonsus Regional Medical…
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What is the Best Evidence Rule?
How Can the “Best Evidence Rule” Help You in Your Case? If you have a court case in West Palm Beach, it’s important to know of the best evidence rule and how it can help you. Find out how your… The post What is the Best Evidence Rule? appeared first on Chapman Criminal Defense Firm.
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How will my injury affect the value of my Connecticut accident case?
If you have been involved in some type of an accident in Connecticut and have been injured then there are a great number of factors that will affect the value of your case. First and foremost, liability will be one of the most significant factors in your Connecticut injury case. If you are more than 50% at fault, as a result of your contributory negligence, then despite how significantly injured you are you will not be able to recover one dime. If you are 50% or less at fault than the value of your case will be reduced
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Proposed Maryland Drug Law Reforms are Radical and Long Term
We have previously kept you up to date on Maryland’s slow but steady legal changes, which represent a different approach to fighting the drug war. Maryland’s attempt to overhaul its drug laws is continuing, as the legislature is now reviewing proposed radical changes, which would make the state somewhat of a pioneer on the drug front. Proposed Changes Take a Different Approach The first proposed law is one that would provide for on-demand treatment at emergency rooms, for people admitted with drug-related problems. While this may seem counterintuitive, it stems from a study showing that for every dollar spent on treatment $12 is saved on healthcare and criminal justice costs. The law would require hospitals have a drug counselor available at all times, and require them to have pre-set arrangements to transfer patients to rehabilitation centers. Continue reading
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"A Fatally Flawed Proxy: The Role of 'Intended Loss' in the U.S. Sentencing Guidelines for Fraud"
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Los Angeles Ranks Third in California for Violent and Property Crime Increases
According to recently released data from the FBI and the Public Policy Institute of California (PPIC), Los Angeles ranked third out of 25 for violent and property crime increases for the first half of 2015. Los Angeles Third in Violent Property Crime Comparison According to the data from Public Policy Institute of California (PPIC), rankings for violent-crime listed Sacramento for first place, Long Beach for fifth place, and San Francisco took eighth place. “However,” the PPIC says its analysis, “the data also show that cities in other states are also experiencing increases, especially in violent crime.” Why? Proposition 47 This data calls into question the fact that California’s voter-approved Proposition 47 might be to blame for the ranking. Proposition 47 was the ballot initiative passed by California voters on November 4, 2014 that reduced some drug possession felonies to misdemeanors. It also requires that petty theft, receiving stolen…
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***Update ****One vehicle crash blocking left NB I15 at milepost 80, near Fort Hall
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 03/31/2016 8:06 a.m Please direct questions to the District Office ******Update**************** Northbound lanes of travel are now open. <JH/EH> **************************** The Idaho State Police is currently investigating a one-vehicle crash northbound I15 at milepost 80, near Fort Hall. The left lane is blocked at this time. More information will be relayed as it becomes available. <JH / EH> -------------
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How will legalization of marijuana effect sports leagues policies regarding marijuana use?
The question in the title of this post is poised by one of my seminar students who will be presenting on this topic to the rest of the class this afternoon. Here is introduction for his colleagues and others interested in this engaging query: Many players are pushing towards open...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/jE1LmIQ16bs" height="1" width="1" alt=""/>
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Houston ISD employs more cops than counselors, social workers
Houston ISD is one of four out of the nation's ten largest school districts analyzed in this article which employs more police officers and security personnel than counselors. HISD has 1.16 cops per 1,000 students, compared to .78 counselors per 1,000 students. Even when you add in the number of social workers to the counselor total, security staff outnumber them."In Houston, that means there’s only one counselor for every 1,288 students." In fact, "Not one of the top 10 districts, where counselors may be particularly beneficial for low-income students, meets the American School Counselor Association’s recommendation of one counselor for every 250 students — most weren’t even close."
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“Pot Breathalyzer” Looming Imminent in Clinical Trials
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?” Since the gradual decriminalization and legalization of marijuana state-by-state in recent years, many say it was only a matter of time. Continue reading →
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