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Best of Brand New: My Wife's Aglio e Olio

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Tremendous.Little Italy comes to Hobbs.A little Jewish girl with a flare for Italian cuisine.

How Injustice Springs From Unpreparedness, Part II

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A unique occurrence that only happens in the Fifth Judicial District happens due to the unpreparedness of the District Attorney's office.Here's the trick revealed:One, do not collect all the evidence that is needed in a given case, either by carelessness or laziness.Two, when defense counsel argues that there is no  _________ (fill in the blank here), i.e. it could be audio, video, laboratory results, etc.....,Three, then, as a prosecutor, stand up and argue that "defense counsel has 'opened the door' to now permit into evidence the never before discovered evidence.You see Readers, if you do not discover the evidence to the defendant then legally the evidence does not exist.It really, truly doesn't.But the Fifth Judicial District Attorney's office loves the concept of "opening the door."And here's the catch, the "opening the door" exception is a limited concept in the legal world.  It is limited in its…

What Happens.......

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When is judge is so incensed because he believes that defense counsel may be stating there is a plea offer when no plea offer may have been offered.When the prosecutor states that no plea offer was ever offered.And the judge is so incensed that he sets a jury trial for the very next day.And then.......The defense attorney lays down Exhibit 4:  Which is proof that the district attorney's office has, in the recent past, went back on plea offers.Exhibit 1:  The actual plea offer.Exhibit 2:  The date when the plea offer expires.And finally Exhibit 3:  The acceptance of the plea offer prior to the deadline.What happens?The judge seethes from the bench.Seethes.Gritting his teeth and seething.And I hope, against all hope, that a judge that I respect more than anybody is slowly but surely seeing the laziness and character (or lack thereof) of the person leading the charge of an office that is as unprepared as any in the country.When will her allies and friends…

Transforming a Misdemeanor Battery into a Felony Battery

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Every so often, I’m retained to defend a misdemeanor battery case, only to discover later that the charge has been upgraded to a felony.  This doesn’t happen that often, because law enforcement typically has quite a bit of enthusiasm up front in their attempts to charge citizens with the highest offense humanly possible.  Should a felony slip thru the cracks, prosecutors also have the ability to upgrade a misdemeanor into a felony, and there are plenty of reasons to do this.  I’m here to tell you that upgraded cases are difficult to prove.  To explore a real life upgrade scenario, we’re going to delve into the case of Dolan v. State, 2016 Fla. App. LEXIS 2183 (Fla. 2d DCA 2016). First, let’s discuss what a felony battery is, versus a misdemeanor battery.  In this case, there is no difference, but for the fact that the state accused Dolan of having a prior battery conviction.  One prior battery conviction, regardless of…

Blockage in Crash on I-84

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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: 04/24/16 05:45 p.m. Please direct questions to the District Office The Idaho State Police is currently investigating an injury crash eastbound I-84 at milepost 188. The eastbound left lane of travel is blocked as this time. More details will follow as information is released. NG/SC -------------

WaPo: Re: Above the Law: Comments are making the internet worse. So we got rid of them.

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WaPo: Re: Above the Law: Comments are making the internet worse. So we got rid of them by David Lat: So we decided to get rid of the comments section. * * * In part, our decision was based on … Continue reading →

M.D.Ga.: CI’s tip had sufficient detail with sufficient corroboration to be RS

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“Although Cartwright does not appear to challenge the CI’s basis of knowledge for the tip, it is a factor that is considered in the reliability analysis. … Even so, that fact, considered alongside the other substantial factors, leads to the … Continue reading →

Bernie's California Timetable

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According to this Yahoo News article, Bernie Sanders gave the clear impression today his campaign will only last through the California primary, not to the convention. On ABC's This Week: “We intend to take the fight all the way to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

New Jersey DWI Defendant Challenges Officer’s Justification for Traffic Stop

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The Fourth Amendment’s prohibition on unreasonable searches and seizures means that police officers cannot stop a person while driving without reasonable suspicion of an offense, and they cannot search or arrest someone without probable cause. A person charged with driving while intoxicated (DWI) and other offenses also has the right to confront their accuser, usually the arresting officer, under the Sixth Amendment’s Confrontation Clause. A DWI defendant recently appealed the denial of her motion to suppress in State v. Ciernak, challenging the sufficiency of the evidence leading to her traffic stop. She further argued that the officer lacked justification to stop her under the “community caretaking function,” an exception to the Fourth Amendment’s search-and-seizure provisions. Court decisions at the state and federal levels have held that field sobriety tests and breath tests in DWI cases require probable cause, such as if an officer detects an…

M.D.Pa.: Checking criminal history doesn’t require probable cause

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Checking criminal history doesn’t require probable cause, and defendant doesn’t cite any authority other than the Fourth and Fifth Amendment should be liberally construed. Motion in limine denied in one 711 word sentence. United States v. Green, 2016 U.S. Dist. … Continue reading →

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 547 Defending the Indefensible? The Increasingly Difficult Job of Defending Soldiers Accused of Sexual Assault Mason S. Weiss Government of the United States of America - Army Date posted...

D.Mass.: NIT warrant in CP investigation that transmitted information to user’s computers violated USMJ statute and Rule 41 and no GFE

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In a child porn investigation, the government took over a server with child porn known as “Website A.” “The government used a “Network Investigative Technique (“NIT”) [warrant] that would allow the government covertly to transmit computer code to Website A … Continue reading →

*FINAL UPDATE* Blockage in Crash on I-84

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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: 04/24/16 08:43 p.m. Please direct questions to the District Office **********FINAL UPDATE********** On Sunday, April 24, 2016, at approximately 03:22 p.m., Idaho State Police investigated a single vehicle injury crash eastbound I-84 at mile marker 188. Amber Christenson, 17, of Fruitland, ID, was travelling westbound in a Ford Expedition pulling a trailer in the right lane of travel. Guillermina Romero-Hernandez, 44, of Burley, Idaho was also travelling westbound in the left lane of travel in a Pontiac Aztek. Christenson made an unsafe lane change, causing Romero-Hernandez to go into the median, where she attempted to return to the roadway and overcorrected.…

Sunday Night TV and Open Thread

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The best TV show I saw this weekend: Viceland's States of Undress goes to Palestine (it's available On Demand on Comcast, or you can watch it online here.) The Good Wife has just a few episodes left. There are so many characters on this... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Jacksonville man arrested after child in his custody passes away

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A man is being held in the Pretrial Detention Facility after being charged with aggravated child abuse in Jacksonville.  According to an article in the Florida Times Union, the mother of the child left her boyfriend, the accused, home alone with the two year-old while she went to work.  The woman told police her boyfriend told her he disciplined her daughter because the child misbehaved, according to the report.  The woman reported that the child had cuts and marks when she returned home and the child passed away later that day.  Homicide detectives are still investigating the abuse case and it may turn into a murder case before all is said and done. It is unclear whether or not the man was interviewed by investigators before or after being arrested.  Police will always try to get a potential suspect to tell their side of the story prior to arresting them.  Police are allowed, even taught in interrogation classes, to lie to suspects to get the…

Norfolk, VA Drunk Driving Crash Results in Death of Woman

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Recently, a 23-year-old woman passed away due to injuries she suffered as a passenger in a vehicle involved in a three-car accident. According to news reports, Thomas Walters of Virginia Beach did not stop at an intersection, which resulted in a rear-end collision. He is now facing criminal charges including driving under the influence. Penalties for DUI that results in the death of another person differ from state to state, however in Michigan those charged with DUI causing death may face up to 15 years behind bars along with possible fines of up to $10,000. Restitution and vehicle forfeiture or immobilization are also possible, and prosecutors may determine the offender should face murder charges. This is an extremely serious situation for anyone facing such charges; the consequences are life-changing. When facing serious criminal charges including those involving DUI, it’s critical to obtain the legal guidance and support of an attorney who is fully dedicated to his…

DE: No standing, no IAC for not moving to suppress

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Defense counsel didn’t file an affidavit in this IAC case, so the court presumes that failure to file a motion to suppress was objectively unreasonable. Nevertheless, it wouldn’t have succeeded because defendant didn’t have standing to challenge the search. State … Continue reading →

Nueces jail overcrowding caused by pretrial detention

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In Nueces County, the Sheriff is raising the alarm about jail overcrowding problems. But the reasons being suggested for high inmate numbers don't really explain things. "Some reasons for the spike include a reduced number of referrals to medical facilities, increases in arrests for criminal trespass in the new RTA building across from city hall and cases waiting to be presented to a grand jury, said court administrator Marilee Roberts," according to a report in the Corpus Christi Caller Times (April 19).A quick look at the latest Commission on Jail Standards inmate population report from Nueces County shows that assessment was a misdiagnosis. Like most other crowded jails in the state, the real trouble in Nueces is excessive pretrial detention. A whopping 60.6 percent of Nueces jail inmates were incarcerated awaiting trial as of April 1st. Further, a full 22.5 percent of inmates are misdemeanor defendants incarcerated pretrial, compared to only 9.5 percent…

DOJ Tells States to Ease ID Requirements for Ex-Inmates

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The Department of Justice has issued a directive to states telling them to make it easier for those leaving prison to get ID cards. It's part of a broader new initiative to make it easier for felons leaving prison to re-enter society. The... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Leasure on Combatting Global Bribery

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Peter Leasure (University of South Carolina) has posted Combatting the Global Crime of Bribery: A Report on Canadian Foreign Official Anti-Bribery Policy (Journal of Financial Crime (Vol. 24, Issue 2), Forthcoming) on SSRN. Here is the abstract: The bribery of...
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