Nervousness and having associated with a known drug dealer was not reasonable suspicion for continuing a stop. State v. Bedient, 2016 N.C. App. LEXIS 506 (May 3, 2016). Defense counsel’s affidavit in his 2255 showed that defendant didn’t want to … Continue reading →
NC: Nervousness and having associated with a known drug dealer was not RS
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Marcus et al. on Comparative Plea Bargaining
Paul Marcus , Carol A Brook , Bruno Fiannaca , David John Harvey , Jenny McEwan and Renee Pomerance (William & Mary Law School , Government of the United States of America - U.S. District Court for the Northern District...
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TX14: Dog sniff at apartment door was curtilage and violated Jardines
The use of a drug dog at defendant’s apartment door violated the Fourth Amendment. Defendant’s garage across the road is a different matter, but it doesn’t have to be decided. Officers showed PC for a search of defendant’s garage in … Continue reading →
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O'Keefe? No, I'll Take Mine Kahlo
Exotic. Wild. Effervescent. Strange. The clothes. The jewelry. The look. Style upon style. The art.That part of the modern day artist that lives reclusively and mysteriously, only showing themselves rarely.Almost never leaving their estate.Interviews? Hard to find.Prince before Prince.MJ before MJ.Garbo before Garbo.Salinger before Salinger.Willie Wonka before Willie Wonka.A little Mexican girl with a body speared. Bones crushed.However, her spirit was undefeated.She dealt with pain by the most exquisite of medication: Beauty erupting endlessly.Living her life as if her life was the greatest piece of artwork she would ever create.
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PA: Def didn’t show is room was exclusive to prevent probation search of father’s house
Defendant lived with his girlfriend in his father’s home and father was on probation. During a probation search of the house, defendant said that their bedroom was exclusively theirs and the officers couldn’t enter. The record does not support that … Continue reading →
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'Negligent' ballistics ID, indigent defense overviews, Texas' 'merry-go-round for the criminally insane,' and other stories
Here are a few odds and ends which merit Grits readers attention: Reentry resourcesCheck out these excellent resources on reentry from the Texas State Law Library, including pages on housing, employment, "community resources," and "practice aids." Lots of useful information there. Also, for details on county-level reentry services, see TDCJ's Reentry Resource Guide.Jails and mental health screeningHere's an interesting TV news story out of San Antonio about new mental health screening procedures at the county jail.Texas' 'merry-go-round for the criminally insane'The Star-Telegram had a good story Sunday about an Arlington man who'd bounced back and forth between the county jail and a state hospital seeking competency restoration, stuck on "the state’s merry-go-round for the criminally insane."'Professional negligence' found in ballistics misidentificationThe Forensic Science Commission last month found…
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Can and should Missouri, after completing its last execution for a while, send any extra execution drugs to other needy states?
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15 Facts You Need to Know About Theft Crimes in Maryland
Theft is one of the most common criminal charges in the Maryland court system. If you are facing theft charges in Maryland, it’s important to understand what lies ahead for you; namely, the penalties and what the State must prove to convict you of theft. We’ve compiled a list of 15 facts you need to know about theft crimes in Maryland. Penalty for Theft in Maryland Charge Maximum Penalty Classification Theft Less Than $100 90 days and/or $500 Fine Misdemeanor Theft Less Than $1000 18 months and/or $500 Fine Misdemeanor Theft $1000 But Less Than $10,000 10 years and/or $10,000 Fine Felony Theft $10,000 But Less Than $100,000 15 years and/or $15,000 Fine Felony Theft $100,000 Or More 25 years and/or $25,000 Fine Felony Fact #1 Unauthorized Control of Property It is a crime in Maryland to willfully or knowingly obtain or exert unauthorized control over property. In short, it is illegal to take something that is not yours. This simple concept extends to…
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Public Access to Police Body Cameras May Be Restricted
Despite a push from one lawmaker to open up public access to police body camera recordings, it appears as if the state is planning on passing a much more restrictive bill in terms of who will be able view certain police recordings. The proposed bill is considered one of the nation’s more restrictive laws governing public access to police body camera footage. The proposal, sponsored by Rep. Tony Cornish, R-Vernon Center, and supported by law enforcement, would classify body camera recordings as private unless they were filmed in a public place and the incident involved an officer’s use of a dangerous weapon or force that caused “substantial bodily harm.” An exception to the strict law would be made if the person requesting the video is a subject in the video, and even then they could only access the footage after the faces of other citizens in the video are blurred. Other inclusions in the bill state: In most situations, police would not need to ask…
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Reviewing a notable week at Marijuana Law, Policy & Reform
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Kang & Shepherd on Judicial Elections and Criminal Defendants
Michael S. Kang and Joanna Shepherd (Emory University School of Law and Emory University School of Law) have posted Judging Judicial Elections (Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections, 2015, Michigan Law Review, Vol. 114, No. 929,...
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Updates in the Massachusetts Legislature – 2016
The Massachusetts legislature has been very busy the last few weeks and many of the issues they have acted on are pertinent to criminal law. Since the beginning of March, several bills have made their way through the legislative process. Most are of the bills are still en route to enactment, but some have made it to the Governor’s desk. Below is a list of bills that have made progress: Opioid Act: This act was signed by the Governor on March 14, 2016 and goes into effect on July 1, 2016. The Act mandates that individuals presenting in the emergency room or a satellite emergency facility suffering from an apparent opiate overdose will receive, prior to discharge and within 24 hours of presenting in the ED, a substance abuse evaluation. The Act further ensures insurance coverage for the substance abuse evaluation. After the evaluation, the patient may consent to further treatment and the treatment may occur within the hospital if the service is available. If…
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Top 5 Mistakes People Make When Arrested in Dallas and Collin Counties
By Bo Kalabus www.rosenthalwadas.com; b.kalabus@rosenthalwadas.com 24-hour Jail Release: 214-402-4364 1) Talking Usually immediately following an arrest comes an investigation. Remember always that a person charged with a crime has the right to remain silent. Giving an investigator details about the alleged crime may ultimately hurt their case for a variety of reasons. For example, due to the emotional nature of the event a person may say something they don’t necessarily mean that can hurt them in the long run for being taken out of context, or the person may admit to something that they did not do. Not matter how much a person thinks-“I got this” they don’t. 2) Not consulting with an attorney Things will happen quickly in a criminal investigation. Having competent legal counsel by your side from the beginning will assure that the arrested person’s rights are protected and vital evidence is saved. For example, in a assault case, the arrested person…
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Collin County Writ Bonds
By Bo Kalabus www.rosenthalwadas.com; b.kalabus@rosenthalwadas.com 24-hour Jail Release: 214-402-4364 Need a Writ Bond? Need an Attorney Bond? If you have a friend or a loved one that has been arrested in McKinney, Plano, Frisco, or some of the smaller municipalities in Collin County, the jail staff may have informed you that you need a writ bond or attorney bond. I can help you get the writ bond filed and have your friend or family member released from the jail. What’s Happening? To get out of jail a person first need to have a bond set, which is done by a judge. In larger counties, such as Dallas, the jails have 24-hour magistrate judges that set bonds as soon as the jail cells begin to fill. In Collin County, the judges set bonds only in the morning, not 24 hours a day. So, if a person is arrested for shoplifting in Frisco at 2 p.m., they have to wait until 9:00 a.m. to have a bond set. The only way to get someone out of jail in this situation is have an attorney…
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I'm on the bandwagon: Warren for VP
7 days ago, I tweeted: Seriously I know all the why nots regarding Warren as VP, but man there are a lot of whys she should be. it's something to think about.— Armando (@armandodkos) May 7, 2016 Clinton camp might agree: A... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Man Convicted Of Manslaughter For Distributing Heroin
This past November Worcester County Police responded to a residence in Berlin to assist EMS with an apparent drug overdose. Medical professionals were unable to revive the 50 year-old man, but for the police officers their work was just beginning. Within hours officers were able to locate a suspect who had supplied the lethal heroin to the deceased, and fully blown investigation ensued. Officers first discovered the suspect after searching the recent call list of the deceased’s cell phone, and actually had a conversation with he suspect that same night. According to police records a 26 year-old man from Berlin first admitted to driving the deceased to Delaware to purchase the heroin, but further investigation revealed that the young Eastern Shore man actually delivered the drugs to the home of the deceased, and witnessed him overdose. This information was uncovered though an executed search warrant of the suspect’s phone that revealed text message conversations with…
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Driving while "stoned" - how much is too much?
Last month, the U.S. Supreme Court heard oral argument in three "drunk driver" cases. The defendants in those cases challenged the criminal penalty that attaches when an arrested suspected drunk driver refuses to take a chemical test to determine the driver's blood alcohol level. CJLF filed an amicus brief in one of the cases (Beylund v. Levi) in support of the implied consent and criminal refusal laws. The amount of alcohol in a person's blood is scientifically easy to determine. Most people agree that drunk people should not operate a motor vehicle. But what about stoned drivers? Driving under the influence of "any drug" is a crime in California (Vehicle Code 23152(e)). But, there is no established legal limit for marijuana like there is for alcohol. I was recently driving down a fairly quiet street with my three young kids. From the backseat, my 7-year-old exclaimed, "MOM! I smell a…
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Marijuana Use and Driving While Impaired
Marijuana Users Beware Attorney James Minick of Minick Law, P.C. In North Carolina it is illegal to drive a vehicle while under the influence of an impairing substance. Impairing substances include alcohol, illegal drugs, prescription medications, and marijuana. With many states passing laws that legalize marijuana, either for recreational use or medical use, or passing laws that decriminalize marijuana (make marijuana possession a crime that cannot be punishable by jail), the number of marijuana users is growing every day. So can you be charged with DWI in NC based on marijuana? The short answer is yes, but the longer answer might be concerning to many marijuana users. If you are driving with marijuana, not only are you likely to be charged with possession, but you have a heightened probability of being investigated for DWI if the officer believes you have recently consumed or smoked marijuana. Investigating a Marijuana DWI: Marijuana…
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LEAGUE OF PROSECUTORS JUDICIAL ENDORSEMENTS ARE OUT
The LOP conducted a Judicial Forum this week and spent several hours questioning the candidates. The only candidate that did not show up, and did not call with a reason, was candidate Elena Tauler.Here are the Endorsements from the LOP:CIRCUIT COURTGroup 9 Judge Jason BlochGroup 34 Mark BlumsteinGroup 52 Carol "Jodie" BreeceGroup 66 Judge Robert LuckGroup 74 Judge George SarduyCOUNTY COURTGroup 5 Judge Fred SeraphinGroup 7 Judge Edward NewmanGroup 15 Linda LuceGroup 35 Judge Wendell GrahamWe understand that Rosy Aponte and Oscar Rodriguez Fonts also did not appear at the Forum. Ms. Aponte called in sick with a stomach virus and I do not recall what the reason was for Rodriguez Fonts not appearing, but he did call.CAPTAIN OUT .....Captain4Justice@gmail.comSite Feed
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The Sentencing Guidelines' Residual Clause is Unconstitutionally Vague
The Sixth Circuit has (finally) issued a published opinion holding that the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015), which invalidated the residual clause of the Armed Career Criminal Act, applies with equal force to the career offender definition found in U.S.S.G. § 4B1.2 and used in many other Guideline provisions. In United States v. Pawlak, No. 15-3566 (6th Cir. May 13, 2016), the Sixth Circuit invalidated the identical residual clause used in the Guidelines because it is likewise unconstitutionally vague. The Court held that the Sentencing Guidelines are subject to constitutional vagueness challenges, explaining that its prior precedent stating otherwise was fatally undermined by intervening Supreme Court decisions. Citing Peugh v. United States, 133 S. Ct. 2072 (2013), Judges Boggs, Gibbons, and Griffin reasoned that the Guidelines are subject to vagueness challenges because of the procedures district courts must…
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