Colorado statute 18-1.3-204 provides that medical Marijuana users shall not be prohibited from possessing or using medical Marijuana while on probation. It appears that this is welcome news for medical Marijuana users. However, a closer look at the statute reflects two major exceptions to this groundbreaking law. One of the exceptions provides enormous discretion to the Court to rule against a probationer’s use of medical Marijuana on probation. The first exception to the law that permits medical Marijuana use on probation applies to those who are sentenced to probation for a conviction under article 43.3 of title 12, also known as the Medical Marijuana Code. The second exception to the law that permits medical Marijuana use on probation applies to probationers when the Court determines that based on the assessment in Colorado statute 18-1.3-209 a prohibition against the possession or use of marijuana is “necessary and appropriate to accomplish the…
Marijuana and Probation in Colorado
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SCOTUS Says Go Ahead on Georgia Execution
The Georgia Supreme Court summarized the crimes of Kenneth Fults as follows:The evidence adduced at Fults' sentencing trial showed that he carried out a week-long crime spree which was centered, at least in part, upon his desire to murder a man who was engaged in a relationship with his former girlfriend. Fults first committed two burglaries, obtaining several handguns. After a failed attempt at murdering his former girlfriend's new boyfriend with one of the stolen handguns, Fults then burglarized the home of his next-door neighbors. After the male neighbor left for work, Fults forced his way through the front door wearing gloves and a hat pulled down over his face. Fults confronted the female occupant of the home, Cathy Bounds, brandishing a .22 caliber handgun he had stolen during one of the burglaries. Ms. Bounds begged for her life and offered Fults the rings on her fingers. Fults turned Ms. Bounds around toward the bedroom, either taped or forced her to…
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Court Declares Anti-Gang Legislation Unconstitutional
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?” Lawmakers frequently look for new ways to appear tough on crime. In Tennessee, one popular approach was to target gang members with enhanced criminal sentencing guidelines. Though the law was a popular one among prosecutors, a state court recently struck it down as being unconstitutional, forcing legislators and prosecutors to go back to the drawing board to find legally acceptable ways of cracking down on gang crime. Continue reading →
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OR: Possession of a long gun in the woods doesn’t justify a stop and frisk for another weapon without RS
A Forest Service officer came upon defendant and others probably target shooting with rifles. He told them to secure the weapons and they did. Defendant was completely cooperative and nothing suggested that he was otherwise armed. One long gun doesn’t … Continue reading →
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Four forensic science experts evaluate the methods used to convict Steven Avery
In a recent op-ed in the Pittsburg Post-Gazette, four experts participating in a forensic science research program highlight the problematic forensic science used to convict Steven Avery for the 2005 murder of Teresa Halbach. Experts Lucas Mentch, Maria Cuellar, William C. Thompson and Clifford Spiegelman are in the midst of a year-long evaluation of forensics sponsored by the Statistical and Applied Mathematical Sciences Institute. While watching “Making a Murderer,” the popular Netflix series about Avery’s case, the experts found many striking examples of the inadequately validated forensic methods they have been studying. The most glaring example, according to the experts, was the question of whether blood stains in Halbach’s car allegedly left by Avery contained a chemical preservative known as EDTA, which is used in crime labs to preserve blood samples. During Avery’s trial, his defense team alleged that law enforcement took a sample…
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Looking critically at the disproportionate impact that drug trafficking laws have on women (with emphasis on race, motherhood, and socioeconomic class)
The impact of the drug war on particular individuals and communities is a focal point for a student presentation this week in my semester-long OSU Moritz College of Law seminar on marijuana reform. My student provided this summary blurb to go along with the following links to background reading: Between...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/r_46DALO3aw" height="1" width="1" alt=""/>
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"Accounting for Prosecutors"
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The Blase' Racism of Sentencing Reform
An unnamed Republican Senate aide is quoted as follows in responding to the Wendell Callahan sentencing reform scandal, in which two little African American girls and their mother were knifed to death by a federal inmate given early release under a 2010 sentencing reform law:You're never going to eliminate the Willie Horton type of situation, the political ads aside, of somebody coming out [of prison] and committing a crime. It's the nature of the human being. You're never going to have 100 percent certainty, that's never going to happen. But it would be a shame to just not ever do any sentencing reform, any criminal justice reform, because of that.It is difficult to tell which is worse in that remark -- its dismissive racism or its blunderbuss stupidity. If sentencing reform were not a cause being pushed by Barack Obama, Al Sharpton and Loretta Lynch, the "Republican aide's" remark would be blasted, and rightly so, for its…
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CA7: Refusal to remove hands and then keeping one side of body away from officer was RS
Defendant’s repeated refusals to keep both hands out of his pockets and turning to keep one side away from the officer was reasonable suspicion he was armed. United States v. Mays, 2016 U.S. App. LEXIS 6552 (7th Cir. April 11, … Continue reading →
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Richman on Accounting for Prosecutors
Daniel C. Richman (Columbia Law School) has posted Accounting for Prosecutors on SSRN. Here is the abstract: What role should prosecutors play in promoting citizenship within a liberal democracy? And how can a liberal democracy hold its prosecutors accountable for...
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Bernie Changes SuperDelegate Stance
Bernie Sanders has moved from trying to convince superdelegates to vote for the "will of the people" to asking superdelegates in states he lost to vote for him anyway. The AP asks if he's trying to have his cake and eat it too. What’s... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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BOB LEVY HAS PASSED AWAY
Longtime political kingmaker (and Judge maker) Bob Levy has passed away. From the Herald:Bob Levy, a fixture in Florida’s Capitol for four decades as a lobbyist for a wide array of causes, died Tuesday in Tallahassee. He was 67 and had been battling cancer.A long-time resident of Miami Beach, Levy had deep political roots in Miami-Dade County and founded a successful lobbying firm, Robert M. Levy & Associates. He lobbied for a number of cities, including Homestead, Doral and Florida City. He built a cottage industry as a consultant for scores of Miami-Dade judicial candidates and mentored dozens of young lobbyists, many of whom are now elected officials or have successful lobbying practices of their own. He called them “Levites” and they were part of his “tribe.”A skillful storyteller, Levy was known for gathering people on Sundays in Tallahassee for “family dinner.” He was a vodka aficionado — particularly fond of Ketel…
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Picinali on Binary Verdicts and Theories of Punishment
Federico Picinali (London School of Economics & Political Science (LSE)) has posted Do Theories of Punishment Necessarily Deliver a Binary System of Verdicts? An Exploratory Essay on SSRN. Here is the abstract: Scholars writing on theories of punishment generally try...
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Republicans: Ryan, Kasich and Cruz
Paul Ryan claims he won't accept the Republican nomination. Who believes him? NPR tries to make a case for John Kasich. 538 says Ted Cruz has the most endorsements among Republicans in Congress. Andrew Romano, writing for Yahoo News, ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Concord Defense Attorney Chris Spring’s Client Acquitted of Violently Assaulting a Cop
A Massachusetts jury today rejected the Commonwealth’s prosecution of Attorney Chris Spring’s client, who was charged with assault and battery on a police officer, resisting arrest, and disorderly conduct. The jury took less than 10 minutes to find Attorney Spring’s client not guilty of all charges. The police were searching for the defendant after reports that he had beaten up his brother. A police officer spotted him walking along the side of the road. When the defendant realized he was being followed by a cop, he started running away. The officer pursued and eventually caught up to him and was able to detain him until backup officers arrived on the scene. According to the police, when the defendant was told he was being arrested, he immediately began resisting and shoved one of the officers in the chest in an effort to escape. In response, one of the officers threw the defendant to the ground, where three cops pounced on…
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Tuesday Night TV and Open Thread
It's National Grilled Cheese Day. There's an abundance of great photos and recipes everywhere. On TV, The Late Late Show seems to be on vacation again this week, it's all repeats. I'm still watching Viceland, alternating with... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Lessing on Prison Gangs and Counterproductive Punishment
Benjamin Lessing (University of Chicago - Department of Political Science) has posted Counterproductive Punishment: How Prison Gangs Undermine State Authority on SSRN. Here is the abstract: States’ efforts to provide law and order can be counterproductive: mass incarceration policies, while...
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Driving Tips YOU Need to Teach Your Teenager
Parents are right to worry about their teenage drivers. Every year, car crashes claim the lives of more than 2,700 teenagers and send an additional 282,000 teens to the emergency room. Since parents are often the ones who teach their teenagers to drive – it is important for parents to take some time to teach their teens more than just how to parallel park. Some of the most important lessons parents can teach their teens about driving have absolutely nothing to do with ACTUAL driving and everything to do with staying safe behind the wheel. Driving Tips to Teach Your Teenagers Buckle Up ALWAYS – teenagers often erroneously believe that nothing bad will ever happen to them. As such, they are more likely to take risks and they are less likely to buckle up in the car when driving or riding as a passenger. Wearing a seat belt is the single best way to prevent devastating injuries from occurring in an accident – and countless teenagers have walked away from crashes…
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NACDL Press Release: House Judiciary passed out Email Privacy Act
Today the House Judiciary Committee passed out of committee the Email Privacy Act (H.R. 699) by a vote of 28-0. This bill is a long overdue update of the Electronic Communications Privacy Act (ECPA), a bill passed in 1986 that … Continue reading →
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Está en una lista de espera para la Visa U y tiene un DUI? Por Marisela E. Cantu, abogada
Si estás en una lista de espera de visa U ha otorgado una aprobación condicional de la Visa U porque su petición parece demostrar que usted ha establecido la elegibilidad. La Visa U está condicionada a su capacidad para permanecer admisible y elegibles para el estatus de visa U. Un DUI es no un crimen inadmisible en sí mismo, sin embargo, en algunos casos que puede ser categorizado como un delito que implica depravación moral o una salud relacionados con el tema tanto que puede cancelar su elegibilidad para una visa U. En una inmigración caso llamado materia de López-Meza, 22 I & N diciembre de 1188 (BIA 1999), la Corte observa que, históricamente, un simple delito DUI no se considera un delito que implica depravación moral porque la conducta implicados no necesitan ser deliberada y a menudo accidental o negligente. Sin embargo, una ley estatal que castiga conducir bajo la influencia además de la…
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