Graphic portrayal of the sentencing price of prosecutorial misconduct in post-Katrina shooting case
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THE NEW “STINGRAY” CONTINUES THE TREND FOR LAW ENFORCEMENT AND AGAINST PERSONAL PRIVACY
Granted, it was longer ago than I had expected, but when we left off, we were discussing Cell Site Simulators – often referred to as “Stingrays”, one of the newer investigative tools of law enforcement. The Stingray is used to gather sensitive information about cell phone users by essentially tricking their phones into thinking they are communicating with cell phone company towers, when in fact they are communicating with law enforcement. The Stingray not only gathers data about the intended target, but can also sweep up information from countless bystanders who end up monitored just because they were in the wrong place at the wrong time. Since the days after September 11, 2001, law enforcement, on varying levels, has been given extra powers to eat away at our various rights, particularly those regarding privacy. The process, whether it is a murder case, a drug case or any other case has almost become predictable Step One: “No, we could not spy…
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Court reverses sentence based on improper guideline range even though sentence fell within correct range
Justice Kennedy delivered the opinion for the Court in Molina-Martinez v. United States. Justice Alito, joined by Justice Thomas, filed an opinion concurring in part and concurring in the judgment
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How a Crime Can Become a Domestic Violence Crime
If you aren't an experienced attorney, then a criminal charge for domestic violence in Maine can be a bit difficult to fully comprehend. This is understandable because the legality behind a domestic violence charge is complex, and involves multiple elements that may not be intuitive. Many people find this confusing, so it's helpful to break down a domestic violence charge into its respective elements. The Two Elements of a Domestic Violence Charge One of the best ways to think about a domestic violence charge is that it is really just a different crime, like sexual assault, or stalking, but conducted against a specific set of people. Only when both of these elements are satisfied – both the attendant crime and the fact that it was conducted against the specific set of people – is it considered a crime of domestic violence. This is why domestic violence crimes often include a reference to the other crime involved, like domestic violence terrorizing, or…
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Norway Court: Be Nicer to the Mass Murderer and Pay His Lawyer
Ben Mathis-Lilley reports for Slate:Unrepentant mass killer Anders Breivik's isolated confinement in a three-room prison suite furnished with a treadmill, a refrigerator, a DVD player, a Sony PlayStation, a desk, a television, and a radio constitutes "inhuman or degrading treatment" under the European Convention on Human Rights, an Oslo court has ruled. The court instructed Norwegian authorities in nonspecific terms to relax the restrictions imposed on Breivik and ordered the government to pay his legal fees, which total about $50,000.Some people argue that we should emulate Europe in our treatment of criminals. In my view, Europe is a contrarian indicator. If Europe does X, that makes X somewhat more likely to be a bad idea.Thanks for the tip to our frequent commenter "notablogger," who notes, "I wish this were a story in the Onion. Alas, it is not."
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//blawgsearch75.rssing.com/chan-6519914/article17646-live.html
1. US v. Onuoha, No. 15-50300 (4-20-16)(Gould with Berzon and Steeh, D.J.) This is a Sell involuntary medication issue. The 9th reverses the district court's order for involuntary medication to treat defendant's schizophrenia and to restore him to competency. The 9th found that the government had an important interest in prosecuting the defendant, who had made a threat that shut down LAX. However, under Sell, the defendant has a self-interest in the best medical course of action. The district court clearly erred in finding that involuntary medication was in the defendant's best interests given the effect of anti-psychotic medication under the circumstances, the course of treatment, and the amount proposed to be given. The 9th remands to the court for a full consideration of the best medical interest of the defendant and the contradictory medical evidence.The decision is…
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Prop 47 is "broken at every level"
The City Attorney for Los Angeles is Mike Feuer. The office he holds is non-partisan, but Feuer himself is an active, liberal Democrat, and a leader, with Cyrus Vance of Manhattan, of a group of prosecutors opposing what they call "gun violence."The LA Downtown News reports on what Mr. Feuer has to say about Prop 47 eighteen months after it became effective:When California voters approved Proposition 47 in November 2014, it marked a new era of crime and punishment in the state.It also led to a system that, so far, has utterly failed, City Attorney Mike Feuer told a Downtown Los Angeles audience yesterday.In the effort to reduce the state prison population, Prop. 47 downgraded a half dozen non-violent felonies, such as certain kinds of drug possession and petty theft, to misdemeanors, meaning offenders receive shorter sentences.************************************"Almost no one has gotten anything close to meaningful drug rehabilitation, and we've…
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The Supreme Court considers whether breath tests require a search warrant
Today the Supreme Court heard oral argument in the cases of Birchfield v. North Dakota, 136 S.Ct. 614 (2015); Bernard v. Minnesota, 136 S.Ct. 615 (2015); and Beylund v. Levi, 136 S.Ct. 614 (2015). Leonard R. Stamm, along with Donald Ramsell and Jeff Green, co-authored an amicus brief filed on behalf of the National College for DUI Defense and the National Association of Criminal Defense Lawyers, in these three cases on February 11, 2016. The issue in the case was whether a state may make it a crime to refuse a warrantless breath test, or put differently to exercise one’s constitutional right to require the state to comply with the Fourth Amendment. Maryland has a sentencing enhancement of up to 60 days that may apply if a person is found by a judge or jury to have knowingly refused a test. The National Park Service, which controls a number of roads in Maryland, including the Baltimore-Washington Parkway, has a regulation, 36 CFR § 4.23(c) that makes…
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Bernard Oral Argument: Impressions From Inside the United State Supreme Court
It’s been several hours since I walked out of the lower level of the United States Supreme Court and back out onto the sunlit National Mall (and even longer since I first started standing in the “Bar Member Only” line to get a front-row seat to the arguments) and after having a little time to collect my thoughts, I’m ready to give my impressions on how the arguments went ... and give my prediction on what the final outcome of the case will be. The issue presented is fairly straightforward: Can the government make it a crime to refuse to submit to a warrantless search in a DWI investigation. The secondary question is “should there be a different standard for breath tests versus blood tests?” When the Court issues its decision this spring, I expect both answers to be “no,” and I’ll go into the reasons why below. For starters, there was a shocking undertone to the whole argument that was only cleared up 2/3 of the way through…
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Lawfare: ODNI Releases Three FISC Opinions
Lawfare: ODNI Releases Three FISC Opinions by Cody M. Poplin: The Office of the Director of National Intelligence released three redacted Foreign Intelligence Surveillance Court opinions (FISC) yesterday, respectively on a pen register and trap-and-trace case, Section 702 certifications, and … Continue reading →
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M.D.Ga.: Anticipatory warrant’s condition clearly occurred so search valid
The triggering condition in the anticipatory warrant clearly occurred, and the warrant was timely executed. United States v. Bright, 2016 U.S. Dist. LEXIS 51979 (M.D.Ga. April 19, 2016).* Aside from other indicators of driving under the influence defendant consumed a … Continue reading →
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Slate: Blood Tests and Bad Lawyering
Slate: Blood Tests and Bad Lawyering by Mark Joseph Stern: The Supreme Court finds unity in the face of bumbling attorneys and a tough Fourth Amendment case. he justices of the United States Supreme Court are at their best when … Continue reading →
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CO: A third party’s home can’t invaded by the defense for discovery purposes under 4A and discovery rules
The trial court had no authority to order access to a third party’s home as a part of a discovery order. It was a sex case, and defendant wanted access to the scene of the alleged crime. It was beyond … Continue reading →
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Attorney Jonathan Dichter Receives Endorsement from Fellow Attorney
Just how effective are the DUI strategies employed here at Dichter Law Office? So effective that other attorneys consult the writings of Attorney Jonathan Dichter to win cases for their clients. This week, Jonathan received an endorsement from fellow DUI defense attorney Chris Angles of Kansas City. Attorney Angles was recently defending a client who chose to fight his DUI charge even though law enforcement had captured incriminating dashboard footage of him. According to Attorney Angles, the court reporter said it was "the worst video she had ever seen." However, Attorney Angles consulted DUI newsletter articles Jonathan had been asked to write for the Washington Association of Criminal Defense Lawyers. In the end, the client was found not guilty. "Still, the jury came back not guilty. And why? Strictly because of Jonathan's strategy that I borrowed. It was genius," wrote Attorney Angles. "If he can help a fellow lawyer, I'm sure he can…
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Respironics to Pay $34.8 Million in Qui Tam Case for Allegedly Paying Kickbacks in Form of Free Call Center Services to DME Suppliers That Bought Its Masks for Sleep Apnea Patients
On or about March 23, 2016, a national medical supply company Respironics Inc., based in Pennsylvania, agreed to pay $34.8 million to resolve alleged False Claims Act violations for paying alleged kickbacks in the form of free call center services to durable medical equipment (DME) suppliers that bought its masks for patients with sleep apnea. Respironics will pay roughly $34.14 million to the federal government and roughly $660,000 to various state governments based on their participation in the Medicaid program. The Anti-Kickback Statute prohibits the knowing and willful payment of any remuneration to induce the referral of services or items that are paid for by a federal healthcare program, such as Medicare, Medicaid or TRICARE. Claims submitted to these programs in violation of the Anti-Kickback Statute are also false claims under the False Claims Act.The United States alleged that Respironics violated the Anti-Kickback Statute and the False Claims Act by…
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Federal district court declines to consider acquitted conduct at sentencing "based on the implication of Sixth Amendment guarantees"
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News Scan
High Court Hears Oral Arguments about DUI Laws: The Supreme Court expressed doubt Wednesday during oral arguments in three cases challenging North Dakota and Minnesota laws, that make it a crime to refuse to test for alcohol in a driver's blood, breath or urine even in the absence of a search warrant. The AP reports that drivers prosecuted under the laws, which were upheld by state supreme courts in both North Dakota and Minnesota, argue that they violate the Constitution's ban on unreasonable searches and seizures. Justices "seemed to be searching for a middle ground"; Justice Kennedy took issue with the states' "extraordinary exception" to make it a crime for people to assert their constitutional rights, while Justice Kagan said a breath test is "about as uninvasive as a search can be. Deputy Solicitor General Ian Gershengorn implored the justices not to assume warrants are available 24/7. CJLF filed an…
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R.I.P. Prince and Open Thread
Prince has died at his home in Minnesota at age 57. He cancelled a few concerts earlier in the week for medical reasons. The singer – full name Prince Rogers Nelson – had a medical emergency on April 15th that forced his private jet... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"Why I refuse to send people to jail for failure to pay fines"
Judge Edward J. Spillane III has this piece in the Washington Post. In part: What to do with these cases? In Tate v. Short , a 1971 Supreme Court decision, the justices held that jail time is not a proper...
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Trump and Hillary
Trump says Kaitlin Jenner can use whatever bathroom she wants. (NYTimes, no link, subscription required.) Trump is reinventing his campaign and Republicans should be worried. Hillary is considering a female running mate When is Bernie... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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