Iowa Supreme Court requires giving reasons for even a presumptive consecutive sentence, and concurrence laments when "sentencing is given short shrift"
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"Department of Justice to Launch Inaugural National Reentry Week"
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"Blazing Billables: State Laws Expand Pro-Pot Legal Work"
The title of this post is the title of this recent lengthy American Lawyer article which in part explains why I think my novel marijuana law and policy law-school class may not be all that novel in the coming years. Here is how the piece gets started: On April 20,...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/N9EYTzb43GE" height="1" width="1" alt=""/>
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Why Is the SRCA Sinking in the Ooze?
The Senate's bill for mass reduction of federal felony sentences (called sentencing "reform" to keep it opaque) passed out of the Judiciary Committee months ago by a lopsided 15-5 vote. But it's been downhill ever since.Why? Several reasons, I think.1. Two of the most fearsome crimes, murder and heroin trafficking, are going through the roof from coast to coast.2. The Sentencing Commission disclosed that nearly half of federal offenders recidivate, most in their first or second years out.3. The Wendell Callahan sentencing reduction/child murder scandal has displayed the potentially grotesque costs of early release.4. It has finally dawned on lawmakers that those who'll pay the price of more crime are minorities and the poor.5. The proposal for retroactive reductions, meaning a boatload of additional costly litigation, is unpopular in the House.And there is one more reason, highlighted by today's story in the…
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Enlarging a Democratic Party Voting Block?
Virginia Governor Terry McAuliffe today issued an order removing the disqualification from voting for felons who have completed their time, both in custody and on parole or probation. Can he do that, constitutionally? Of course. Virginia Constitution Article V §12, the clemency power, is quite explicit on that point. Why did he do it? The primary reason, in my opinion, is that he expects that the criminal vote will go overwhelmingly to the Democratic Party versus the Republicans, and I believe he is correct on that.The primary division in America today is not between rich and poor, labor and management, white and black, or any of the old divisions that have been prominent in the past. The primary division is between people who believe in personal responsibility, obedience to the law, and work ethic, on one side, and those who do not along with their apologists, on the other.Gov. McAuliffe believes that those who do not are more likely to vote for…
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Split Kansas Supreme Court, reversing itself in real time, ultimately decides that state's lifetime sex offender registration law is constitutional
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Handwriting On The Wall (And In The FBI’s Notes)
Wisdom about recordings. As the father of a college-bound high school senior and an eventually college-bound high school sophomore, I pass along to them helpful articles. Whether, in the ancient words of Archbishop Cramner in the Anglican liturgy, they actually “read, learn and inwardly digest” the articles I send them is an open question, but it gives me an uneasy assurance of the discharge of paternal duty. I passed along to my children a recent Wall Street Journal article that posed the question Can Handwriting Make You Smarter? The article concluded: Students who took handwritten notes generally outperformed students who typed their notes via computer, researchers at Princeton University and the University of California at Los Angeles found. Compared with those who type their notes, people who write them out in longhand appear to learn better, retain information longer, and more readily grasp new ideas, according to experiments by other researchers…
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Supreme Court Releases Audio Recording of Bernard Argument
The United States Supreme Court posted the audio of the Bernard argument this morning. Download it and review it at your leisure! We highly recommend that everyone take the time to listen to the argument or read the transcript (or both if you are a Constitution enthusiast with a serious lack of plans this weekend). If you want to get right to the juicy bits, we’ve provided time stamps for some of the key portions of the argument below, including: 32:25 Justice Roberts goes on the offensive, comparing the dangers of texting while driving to driving under the influence, pointing out that if law enforcement don’t have the authority to dig though driver’s cell phones they shouldn’t have the authority to dig through their bodies. 43:35 Justice Kennedy discusses the “wake of our recent cases” regarding the undisputed fact that technological advancements make obtaining warrants quicker and easier than ever,…
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Pueden retirar el 95.5% de los fondos los que se han jubilado bajo “Retiro Programado”
Pueden retirar el 95.5% de los fondos los que se han jubilado bajo “Retiro Programado” Si un médico cirujano tuviera un familiar muy cercano y la mejor opción para su mejoría es operarlo encomienda la responsabilidad a un colega, las razones son obvias. Lo mismo sucede con los abogados y en mi caso particular en el tema del retiro de las AFP el problema se complica pues el interesado soy yo mismo, por ello cualquier opinión sobre el tema será mediatizada, ¡jamás serás objetivo pensarán!. Bien, se dio la Ley pero las aseguradoras y las AFP no se han rendido, están tratando de encontrar sus debilidades, una de ellas pasa por “asesorar” al cliente para que no tome una decisión impulsiva, las inversiones es un asunto delicado, puede perder todo su dinero y se quedará sin plata y sin pensión, no existe nada más subyugante que el dinero y la…
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Berman on Montgomery v. Louisiana
Douglas A. Berman (Ohio State University (OSU) - Michael E. Moritz College of Law) has posted Montgomery's Messy Trifecta on SSRN. Here is the abstract: Montgomery v. Louisiana arrived at the Supreme Court at the intersection of three conceptually challenging...
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HAPPY BIRTHDAY
She's 90And he died 400 years ago.It's better to be in England, now that spring is here. EXCLUSIVE FIRST LOOKEL CHAPO CAFESite Feed
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Hobbs Magistrate Jury: Amazing Six Minute Verdict
A Hobbs Magistrate jury delivered a tremendous.....an utterly tremendous message to the Fifth Judicial District Attorney's Office and the Hobbs Police Department this Wednesday.It what might be the quickest verdict ever in the history of the United States......the jury in State v. Wilfredo Soto-Guytan found him Not Guilty in Six Minutes.That is the number 6.A seven and a half hour trial resulted in just six minutes of deliberation.Not guilty of DWI.It wasn't even close.To my brother Mr. Soto-Guytan, you are truly an innocent man. Congratulations.You made history.And that jury, the bravest group of individuals I have ever seen, delivered the most resounding message that could ever be delivered to Dianna Luce and Chief McCall.History in the United States was made right here in Hobbs.Slowly but surely the eyes of Hobbs citizens are being opened to the injustices of law enforcement and the district attorneys in Lea County.One pair of eyes at a time. Six Minutes for…
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Crash blocking eastbound lanes on I84 at milepost 148, near Wendell
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 04/22/2016 7:28 p.m. Please direct questions to the District Office The Idaho State Police is currently investigating a single vehicle crash eastbound I84 at milepost 148, near Wendell. Both eastbound lanes are blocked at this time. Traffic is being diverted at milepost 147. More information will be provided when obtained. <JH / MC> -------------
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Friday Night Open Thread: Happy Passover
It's just about sundown here, which marks the beginning of Passover. Best wishes to all observing. The Obamas once again celebrated Passover with a White House seder. . (Here's an article explaining why.) The Washington Post says... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Wood weighs in on collections rules for Class C misdemeanors
For years, Ted Wood was the go-to expert on fines and fees at the Texas Office of Court Administration's General Counsel's office; he likely has forgotten more about the topic than most lawyers will ever know. Now he's an assistant public defender in Harris County. Grits asked Ted's opinion on the recent letter by Judge John Bull, highlighted in this post, and reforms being debated aimed at reducing burdens from Class C fines and fees on indigent defendants. He responded thusly:From Ted Wood, Assistant Public Defender, Harris CountyHere are my thoughts on: (1) Judge Bull’s letter; (2) the Buzzfeed article about Judge Bull’s letter; and (3) your analysis of the letter and the article in your Grits column of April 21, 2016. You can consider this to be “on the record.”FIRST, you have identified the main problem. The main problem is Article 45.0491 of the Code of Criminal Procedure which reads as follows:A municipal court,…
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NYTImes: U.S. Opens Another iPhone, This Time With the Keycode
NYTImes: U.S. Opens Another iPhone, This Time With the Keycode by Eric Lichtblau: The Justice Department said Friday night that it had gained access on its own to a locked iPhone used by a Brooklyn drug dealer, the second time … Continue reading →
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The Atlantic: How License-Plate Readers Have Helped Police and Lenders Target the Poor
The Atlantic: How License-Plate Readers Have Helped Police and Lenders Target the Poor by Kevah Waddell: Law enforcement can access privately-collected location information about cars—and some low-income neighborhoods have faced extra scrutiny.
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Case o' The Week: Quicks Sticks in Time Not Saved in Nine - Onuoha and Sell Involuntary Medication
Here’s an efficient idea: why not involuntary medicate our clients with six timesthe recommended dose of psychotropic drugs? Easier for BOP staff, and a quicker hustle to restored competency. (The Ninth, thankfully, doesn't buy it either). United States v. Onuoha, 2015 WL 1579952(9thCir. April 20, 2016), decision available here. Honorable Judges Gould and BerzonPlayers: Decision by Judge Gould, joined by Judge Berzon and District Judge Steeh. Important win for CD Cal AFPD Briana Fuller Mircheff. Facts: Onuoha, a mentally ill man and former TSA screener, is charged under 18 USC §§ 844(e) and 1038(a)(1) for allegedly making threatening calls to LAX and telling them to clear the airport. Id. at *1. The defense noticed a diminished capacity defense before trial, and the district court then granted the government’s motion for a competency evaluation. Id. at *2. After the BOP found Onuoha incompetent the government…
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Ohio DUI/OVI Refusal Law May Be Affected By Cases In U.S. Supreme Court
Suppose a police officer comes to your home tonight without a warrant and wants you to consent to a search of your residence. If you are like most people, you would say ‘no’: you would assert your Fourth Amendment right to be free from unreasonable searches and seizures. Now suppose the government makes it a crime for you to refuse to consent to the search. That’s what Ohio and several other states have done with DUI laws which criminalize refusing a breath/blood/urine test. Those laws are the subject of cases currently before the United States Supreme Court. The cases are Birchfield v. North Dakota, Bernard v. Minnesota, and Beylund v. Levi. In those cases, state laws make it a criminal offense for a motorist arrested for driving under the influence to refuse to consent to a chemical test of the motorist’s blood, breath or urine. Motorists convicted of those laws appealed their convictions to the Supreme Courts of North Dakota and Minnesota, claiming…
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eff.org: EFF and ACLU Expose Government’s Secret Stingray Use in Wisconsin Case
eff.org: EFF and ACLU Expose Government’s Secret Stingray Use in Wisconsin Case: Thanks to EFF and the ACLU, the government has finally admitted it secretly used a Stingray to locate a defendant in a Wisconsin criminal case, United States v. … Continue reading →
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