The North Carolina law making it a felony for some sex offenders to go within 300 feet of certain locations intended for children is unconstitutionally overbroad under the First Amendment. Last week, a federal judge permanently enjoined all North Carolina district attorneys from enforcing the law. Today’s post picks up where this prior post left off. It is the latest chapter in Doe v. Cooper, No. 1:13CV711 (M.D.N.C.), a case in which five registered sex offenders filed a federal lawsuit challenging the constitutionality of the premises restrictions of G.S. 14-208.18. Recall that there are three types of places certain registered sex offenders may not go under G.S. 14-208.18. They are set out in subdivisions (a)(1), (a)(2), and (a)(3) of that section: (a)(1) On the premises of any place intended primarily for the use, care, or supervision of minors, including, but not limited to, schools, children’s museums, child care centers, nurseries, and playgrounds. (a)(2)…
Federal Judge Enjoins 300-Foot Rule for Sex Offenders
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Convention-al Wisdom: A Progressive Campaign Will Appeal To A Non-Neanderthal Electorate
"There's nothing in the middle of the road but yellow stripes and dead armadillos." -- Jim HightowerHere we go. The experts, pundits and insiders are beginning to suggest that Hillary Clinton, having sewn up the nomination by tacking to the left, must now move to the right for the general election. For example, The New York Times, "cites some Democrats" who are concerned that if Clinton embraces positions pushed by Bernie Sanders, it "could later hurt Mrs. Clinton and other Democratic candidates." And who are these "some Democrats"? We don't know because they aren't named. The only source for this bit of conventional wisdom, comes from the founder of the "Third Way," the fiscally conservative, so-called centrist group that had far too much influence over the first President Clinton. The mainstream media continues to yearn for a candidate who…
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Major conservative investment in criminal-justice reform
Remarkable. Dallas businessman Doug Deason and the Charles Koch Foundation are teaming up to fund a criminal-justice reform center at SMU. Reported the Dallas News (4/26):Tuesday in Dallas, Deason announced that he and his family’s foundation donated $3.5 million to Southern Methodist University’s Dedman School of Law to create a legal institute that conducts innovative research and educational outreach efforts designed to promote criminal justice reform in Texas and beyond.The Deason Family Criminal Justice Reform Center will conduct statistical and analytical studies ranging from pre-trial procedures, sentencing disparities and pre-trial diversion, abuses of asset seizure and forfeiture laws and wrongful convictions.SMU Dedman Law Dean Jennifer Collins said the Deason gift combined with a matching $3.5 million contribution by the Charles Koch Foundation will fully fund the center, which will be located on the law school campus.“We hope this center…
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"Senators Announce New Provisions & Cosponsors to Bipartisan Sentencing Reform and Corrections Act"
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Feds Open The Gates and Seize the Domain Names
Does the federal government have the right to seize a domain name without notice? With growing frequency, the feds have seized the domain names of thousands of websites for alleged criminal wrongdoing. The latest example is the seizure earlier this week of 67 website domain names for the alleged illegal sale and distribution of counterfeit and prescription drugs. There still is little information publicly available on the recent seizure. The Justice Department issued a short new release with a statement from U.S. Attorney Bill Nettles, in which he noted, It’s important for consumers to understand the significant risks involved in purchasing pharmaceutical drugs from these websites. The generic versions of these prescription drugs are not approved by the Food and Drug Administration and cannot be distributed in the United States legally. To be safe and effective, prescription drugs must be taken under the care and supervision of appropriate health care…
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Preventable Deaths
Timothy Jones, 34, is currently on trial in South Carolina for murdering his five children in 2014. The year prior, in 2013, he was awarded primary custody following divorce proceedings with his now ex-wife, Amber Jones, 31, who has filed a lawsuit against the South Carolina Department of Social Services. Brandy Zadrozny of the Daily Beast reports the suit's allegations: [The DSS] failed to fully investigate multiple allegations of abuse, from teachers, school officials, neighbors, babysitters, and Amber Jones herself, according to the complaint. When investigations uncovered abuse, the DSS made a half-dozen ineffectual "safety plans," instead of reporting evidence of child abuse to the authorities and removing the children from Mr. Jones's care.Mr. Jones had a history of substance abuse and served time in prison for drug possession, forgery, burglary and car theft, crimes that are now deemed "nonserious" and would classify him as…
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Wisdom from “We Learn Nothing”
I”m warning you in advance that this is, sort of, a book review. I’ve written over 300 articles for my blog, and now that I’m running out of ideas, I thought it would be nice to share some thoughts on a great book from Tim Kreider, “We Learn Nothing”. This is the sort of book that has so much wit and wisdom, it made me feel inadequate and I soon realized I will never be able to write a book this good. The heart of this book is great storytelling, and we all know that great storytelling can get you anywhere in life; you can write great songs, get elected to office, or just win over juries at the local courthouse. Let me tell you how I came upon this book. I was listening to Tim Farriss’ excellent podcast one day, when he departed from his usual two hour top level interview of some successful person, and instead gave us a 15 minute nugget of wisdom from Tim Kreider entitled “Lazy, a…
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Joy & McMunigal on Researching Jurors' Presence on the Internet
Peter A. Joy and Kevin C. McMunigal (Washington University in Saint Louis - School of Law and Case Western Reserve University School of Law) have posted ABA Approves Researching Jurors' Public Presence on the Internet (Criminal Justice, Vol. 29, No....
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St Petersburg, Florida Marijuana Civil Citation Program
St Petersburg, Florida Marijuana Civil Citation ProgramPinellas County Marijuana Defense Attorneys may soon be out of work. St Petersburg, Florida reviewed the current status of Pinellas County efforts to move towards a diversion program as opposed to an ordinance and recommended the proposed Marijuana Civil Citation Program Ordinance move to a First Reading after review and discussion. Meanwhile, Pinellas County Commissioners continue to delay implementing decriminalization of Cannabis.St Petersburg, Florida Marijuana Civil Citation ProgramSt Petersburg, Florida City Attorney, Mark Winn, presented a proposed ordinance that makes possession of less than 20 grams of cannabis or paraphernalia a City Code violation. He discussed that this will allow officers the discretion to utilize this non-criminal option instead of charging someone with a misdemeanor. "the number of times a person was cited should be limited"Under the proposed Marijuana Civil…
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Automatic License Suspension for Drug Convictions Repealed
Automatic License Suspension for Drug Convictions One of the unintended consequences of being convicted on criminal drug charges in Massachusetts was that your driver’s license would automatically be suspended. However, thanks to a new law that unanimously passed in both chambers of the Legislature and was signed by Governor Charlie Baker, this automatic driver’s license suspension for drug crimes has been repealed and the five hundred dollar reinstatement fine associated with the suspension has been lifted, too. Luckily, the repeal is effective immediately. Anyone whose license was suspended under the old law will have it reinstated within thirty days of the new bill’s passage, and any records related to the driver’s license suspension will be protected from public access. The new law, Bill H.4088, eliminates the automatic license suspension associated with most drug crimes. There are several drug crimes that the automatic license suspension still…
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Update - Fatal Crash Near New Plymouth
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: 4/28/2016 7:42 p.m. Please direct questions to the District Office ****Update**** Antonio Salas, age 53 of Roy, UT, succumbed to his injuries at the time of the crash. Notification to family has been made. KJ / SC ****End of Update**** On Wednesday, April 27, 2016, at 3:28 p.m. the Idaho State Police investigated a single vehicle fatality crash on Interstate 84 at milepost 10 near the New Plymouth exit. A 53 year old male, driving a 1999 Chrysler Concorde, was eastbound on Interstate 84. According to witnesses, the driver of the Chrysler Concorde went to pass another vehicle on the left shoulder. The driver lost control and rolled multiple times through the median. …
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Former Miami-Dade Mayor Charged in Domestic Dispute
A former Miami-Dade County police director and mayor is facing a domestic violence-related charge following a fight with his longtime girlfriend. A Coral Gables police report claims the man turned himself in Wednesday, and he was charged with battery. The arrest report describes that the man’s girlfriend went to his home Saturday to return a cat, and the two began to argue. The woman told police that the man grabbed her by both arms and pinned her against a wall. The report accuses the man of yelling profanities at the woman and spitting at her. Investigators said the woman’s injuries were consistent with her statement. The woman and her teenage daughter told police a pattern of domestic violence had developed since 2013, according to reports. If you have been accused of domestic violence, the best thing you can do to help your case is to get an attorney involved now. Time is of the essence when it comes to these cases. Prosecutors file charges very quickly in…
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Senator Jeff Sessions (and thus Donald Trump?) comes out swinging against revised SRCA
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"Prosecutorial Discretion in the Context of Immigration and Marijuana Law Reform: The Search for a Limiting Principle"
The title of this post is the title of this new paper authored by Sam Kamin now available via SSRN. Here is the abstract: This article compares the appropriateness of prosecutorial non-enforcement policy in the contexts of federal immigration and marijuana laws. I begin by discussing the ways in which...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/wuZ08xf5o0k" height="1" width="1" alt=""/>
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Jacksonville police officer terminated after battering a handcuffed woman
A Jacksonville Sheriff’s Office police officer has been fired after being arrested for beating a woman in custody, according to an article in the Florida Times Union. The officer was at the base of the jail in the intake area with the woman who he arrested. That area, as well as other areas in the jail, is video monitored. The officer was surrounded by three other officers, who did nothing, as the woman was hit repeatedly while restrained. The officer was arrested for misdemeanor battery in Jacksonville. In Florida, a simple misdemeanor battery is defined as an intentional touching against someone’s will or intentionally hurting someone. Even a touch on the shoulder could be considered a battery in Jacksonville if unwanted. If the victim of the battery is pregnant, the crime is elevated to a third degree felony punishable by up to five years in prison. A simple battery can also be converted to a felony if there is great…
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What are my bicycle accident insurance options?
Many people in New Jersey and Pennsylvania ride their bicycles back and forth to work, for recreation, and to save money on the rising costs of gasoline. While cycling is a fun and healthy activity, it can lead to serious or fatal injuries. If you or a loved one sustained serious or fatal injuries in a Pennsylvania or New Jersey bicycle accident, you may have bicycle accident insurance options available to pay for your medical bills.For help filing a claim or lawsuit, call the bicycle accident attorneys at Saile & Saile, LLP today: 215-486-8196.What insurance might I be able to use in a Pennsylvania bike accident?If you carry car insurance, you will be eligible to receive first party benefits, known as personal injury protection (PIP) benefits, to cover your medical expenses from your bicycle accident injuries.You may also be eligible to file a lawsuit if you can prove that the driver was at-fault for your injuries.How do PIP benefits work? Pennsylvania is a choice no-fault…
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Drug Bust in Jackson, MS
Last week, a neighborhood in Jackson was the scene of a drug bust. According to WJTV News Channel 12, the incident happened at a house on Edwards Avenue. Although very few details about the drug bust have been released, we do know that four people have been arrested and taken into custody. Authorities reportedly confiscated four bags of mid-grade marijuana, codeine and three guns during the operation. They did not disclose how much marijuana was found in the bags. At the time of the news report, law enforcement officers were still conducting a search of the home. Marijuana Charges in Jackson Thanks to the War on Drugs and other draconian laws associated with certain controlled substances, it doesn’t take much marijuana to end up with felony charges. More than 30 grams of marijuana means you’re facing felony charges. Depending upon exactly how much marijuana is associated with your case, you could also be facing additional charges that would increase the possible…
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Elderly Driver Slams Into Restaurant
Last weekend, an elderly driver crashed into a restaurant in Crystal Springs. According to WJTV News Channel 12, the incident happened at Louise’s Open Pit Barbeque on Saturday. The 72-year-old driver reportedly hit the accelerator instead of the brake. His vehicle crashed through the front of the restaurant. There were about 10 people inside at the time of the crash. Thankfully, no serious injuries were reported. The restaurant did sustain damage during the wreck. Pedal Error CrashesPedal error crashes can be incredibly devastating. If a driver means to slam on the brakes, but instead slams on the accelerator, there can be serious consequences. If you have been injured or if you have lost a loved one due to a dangerous, negligent or distracted driver in or around the Jackson Metro Area, contact the skilled and proven team at Coxwell & Associates, PLLC at (601) 948-1600.
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JUDGE SAYFIE HAS AN OPPONENT
THE CAPTAIN REPORTS:BREAKING NEWS ..... JUDGE NUSHIN SAYFIE HAS DRAWN OPPOSITION .....In a stunning move, Judge Nushin Sayfie, Chief Administrative Judge of the Criminal Division, has drawn an opponent. Judge Sayfie is running for reelection in Group 59 of the Circuit Court.Her opponent is attorney ROSY APONTE, who has been a member of The Florida Bar for, hold your breath, a whopping seven years. Ms. Aponte maintains a law office in the City of Doral. Ms. Aponte filed to run against Judge Sayfie earlier this afternoon.Judge Sayfie began her career with the Public Defender's Office and worked for the Eleventh Judicial Circuit PD from 1994-1999 and from 2001-2007. She also spent two years with the PD in the Second Circuit from 1999-2001. Judge Sayfie became a Circuit Court Judge in 2007. She was appointed by Governor Charlie Crist in 2007 and ran unopposed in 2010.We know nothing about her opponent.CAPTAIN OUT .....Captain4Justice@gmail.comSite…
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SpearIt on Muslim Hip Hop and Mass Incarceration
SpearIt (Texas Southern University - Thurgood Marshall School of Law) has posted Sonic Jihad — Muslim Hip Hop in the Age of Mass Incarceration (11 Florida Intl. L. Rev. 201 (2015)) on SSRN. Here is the abstract: This essay examines...
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