John M. Aberdeen has posted 'Blowed Off by a Side Wind?': Coronial Inquests Following Criminal Acquittals ((2016) 23 (3) Journal of Law and Medicine 595-608) on SSRN. Here is the abstract: For three decades, Australian coroners have been moving steadily...
Aberdeen on Coronial Inquests Following Acquittals
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Sex Offender Registration, Failure to Provide a Change of Address and Biometrics
This post examines a recent opinion from the Court of Appeals of Ohio – 8th District: State v. Young, 2016 WL 1295951 (2016). The court begins by explaining thatDefendant-appellant, Leonard Young (`Young'), appeals from his conviction for failure to provide notice of change of address in violation of [Ohio Revised Code §] 2950.05(E)(1). For the reasons set forth below, we conclude that because Young did include the address that is the subject of the conviction as a `secondary address’ on Cuyahoga County's Sex Offender Registration form (“registration form”), there is insufficient evidence to support the conviction. Therefore, we reverse and remand the matter with instructions to vacate the conviction.State v. Young, supra. The opinion goes on to explain that in 2006, Youngwas convicted of rape and was classified as a sexually oriented offender. Following his release from a seven-year prison term, Young was notified by…
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News Scan
Murder Rates Spike Across US: Over 20 major U.S. cities have experienced large increases in homicides in recent months, new data shows. Eric Lichtblau and Gardiner Harris of the NY Times reports that Chicago's numerical increase in homicides in the first three months of this year was the most significant, with murder up to 141 from 83 over the same period a year ago. Other dramatic spikes were seen in Las Vegas, up to 40 from 22, and Dallas, up to 46 from 26. Other cities showing sharp increases include Jacksonville, Los Angeles, Memphis, Nashville, Newark, Phoenix and San Antonio. FBI director James Comey believes that the surges could be linked to less aggressive policing stemming from the "viral video effect," otherwise known as the "Ferguson effect."Illegal Immigrant to Stand Trial for Quintuple Murder: A judge ruled Thursday that an illegal immigrant who killed five men in two states earlier this year will stand…
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The Constitutional Right to a Speedy Trial. What Does That Mean, and How Can it Help Your Case?
Most people have a general understanding that they have a Constitutional right to a “speedy trial.” What does that really mean, and how can it be utilized to help someone charged with a criminal case? Both the U.S. and Texas constitutions provide a speedy trial right. Meaning that the Government, whether that be the State of Texas or the Federal Government, must afford you a trial within a certain period of time or your right to a speedy trial has been violated. If your constitutional right to a speedy trial has been violated, the law requires that the case against you be dismissed. As you see, the violation of your right to a speedy trial is a serious matter that my lead to the dismissal of charges against you. When the Court is considering whether your right to a speedy trial has been violated, the Court considers 1) the length of the delay, 2) the reason of the delay 3) the assertion of the right to speedy trial and 4) the…
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Driver Faces Felony Charges in Florida Crash Injuring Pregnant Mother, Children
A Cape Coral woman has been arrested on felony charges following an alleged hit-and-run accident in Miramar recently in which a pregnant mother was critically injured and her two young children suffered minor injuries. The suspect, 39-year-old Jessica Yevette Crane, was being held on $40,000 bond at the Broward County Sheriff’s Office on charges of failure to remain at the scene of an accident with serious injuries. Witnesses reportedly swung into action in the moments after the crash, in which Crane allegedly jumped a curb and struck the woman and her two children as they waited at a bus stop. A 911 caller told the dispatcher the make, model and tag number of the vehicle. When Crane began driving away, The Sun-Sentinel reported, several witnesses began following her and forced her off the road. When she stopped a few blocks away, one witness approached her car, reached in the vehicle, turned off the ignition and took her keys. When police arrived, a witness…
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Man, sister arrested for DUI
Quick tip from ABC news…when your brother gets arrested for DUI and you want to argue with the cop, make sure you are also not driving under the influence… Florida Highway Patrol arrested a brother and sister for separate DUIs last Friday morning near Ocala. Reports say that troopers received a BOLO (be on the lookout) call for a reckless driver going southbound on 75. A trooper spotted the car and stopped it on State Road 200. The driver, identified as 31-year-old Josue Moncada, was interviewed and eventually arrested for DUI shortly before 3:00 a.m. Continue reading The post Man, sister arrested for DUI appeared first on Tampa Bay Criminal Defense Lawyer Blog.
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Police Dogs
Many people love their dogs; some even consider them an important member of the family, just as important as their “human” relatives. While all dogs are special, police dogs are in a class all their own, providing law enforcement with capabilities no human has and often helping to “crack the case.” The majority of police dogs are male German Shepherds, which as you can imagine can be very intimidating to a criminal. You may wonder why other dog breeds such as Poodles or Golden Retrievers aren’t police dogs. Basically, German Shepherds are extremely intelligent and have the added benefits of being strong and aggressive. Police dogs aren’t limited exclusively to German Shepherds. Another breed that’s often used is the Belgian Malinois, a breed used for herding sheep in Europe. These dogs are imported and used in police/investigation work. Other breeds that have become K-9 (canine) officers include…
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//blawgsearch75.rssing.com/chan-6519914/article18088-live.html
US v. LaCoste, No. 15-30001 (5-12-16)(Watford, Berzon and Walter, Sr. D.J.). Two overly broad SR conditions are vacated: use of the Internet and prohibiting residence in certain counties. The defendant pled to conspiracy to commit securities fraud. At sentencing, the court forbid his use of the internet upon release because of alleged "rants" against some victims; and that the defendant couldn't live in certain counties so he would not go back to his "old ways" and to allow the community to "heal."The 9th concluded that such provisions, even under "plain error," were overbroad. The offense did not make specific use of the internet (as, for example, in computer child porn); nor had he used the internet improperly in the past. Given the omnipresence of the internet, a person has to make use to reintegrate. The community prohibition was also too broad. The court did not state the specific…
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Two vehicle crash on US-91 in Chubbuck
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 5/13/2016 3:27 p.m. Please direct questions to the District Office On Friday, May 13, 2016, at approximately 1:07 p.m., the Idaho State Police investigated a two-vehicle, injury crash northbound on US-91 at milepost 81.5, the intersection of Yellowstone and Siphon in Chubbuck. Richard Phillips, 27, of Pocatello was northbound on US-91 in a 1988 Kenworth T800. A juvenile was westbound on Siphon Road in a 2004 GMC Sierra. The juvenile failed to yield at a stop sign. When the GMC entered the intersection, it was struck by the Kenworth on the driver's side. The Kenworth came to rest in the northbound turn lane. The GMC came to rest in the northbound lane of travel. The…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 439 The Federal Circuits’ Second Amendment Doctrines David B. Kopel and Joseph G.S. Greenlee Independence Institute and Independent Date posted to database: 21 Apr 2016 2 306 Like Snow...
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3 Major Problems with Connecticut’s New Ban the Box Legislation – No More Criminal Arrest History Questions on Connecticut Job Applications
Last week’s passage of “Ban the Box” legislation (House Bill 5237) requiring Connecticut public and private employers to remove questions on job applications concerning criminal conviction and arrest histories was a big-time victory for people whose employment prospects have been thwarted by decades-old criminal arrest records. If ratified by the Governor, then the law will go into effect on January 1, 2017. And while the Connecticut Ban the Box bill provides promise and hope among the best Connecticut criminal pardon lawyers, a closer look at the Bill reveals that the proposed legislation has little teeth, even less substance, and 3 critical problems that need to be challenged and rectified… Problem 1: The Bill Doesn’t Stop Connecticut Employers from Verbally Questioning You About Your Arrest & Conviction History As the top employment, labor and criminal lawyers in Stamford and Greenwich Connecticut have noticed, while the Ban the Box law is…
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My Top Ten New Mexico Heroes: #10-Dan Foley
I read many articles on Dan, and did not come off impressed.But I'm a major fan of the program "New Mexico In Focus" on PBS channels in New Mexico, and, on a weekly basis, Dan slaughters his liberal co-panelists.He does this not because he's right, as he's usually not, but because he is grounded in a consistent mindset.This is why Scalia always skewered Breyer on the Supreme Court, and why Sotomayor will consistently skewer Kennedy: Scalia's thought process wasn't forced in conservatism values, as Breyer's is in liberal values. Scalia actually believed the conservative ideals. Likewise, Sotomayor's leaning are consistently liberal, while Kennedy, even in his late 70's, consistently questions his conservative values or, at least, struggles with them at times.That's why Foley always wins. His values are aligned with his analysis, while the others on "In Focus" are just mocking what…
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D.Nev.: Omission of details of a protective sweep not Franks issue where magistrate had to know about it
Police officer’s omission of details of a protective sweep from an affidavit for a search warrant did not support a Franks claim as to how he reported responding to a 911 shots fired call. The protective sweep wasn’t even hidden; … Continue reading →
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OR: Unspecified and unarticulated “equipment violation” isn’t reasonable suspicion
Officer’s testimony that there was an “equipment violation” as the basis for a stop that led to a drug dog didn’t support reasonable suspicion without articulating the violation. State v. Sexton, 278 Ore. App. 1, 2016 Ore. App. LEXIS 537 … Continue reading →
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My Top Ten New Mexico Heroes: #9-Joel-Peter Witkin
The Picasso of our day lives in a little neighborhood in Albuquerque.Known more in Europe and Asia then in his hometown. And that's a shame,His photography is celebrated in music, movies, and theatre.His work always inspires.
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OR: Def’s touching pocket then officer seeing a knife was RS
The roadside conversation with defendant was not coercive. “The trial court found credible Haugen’s testimony that defendant was cooperative and engaged in easygoing conversation at this point.” She kept touching her pocket, and, once she moved, a knife was observed, … Continue reading →
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Supreme Court Lands Another Blow to Federal “Three Strikes” Law
The Armed Career Criminal Act of 1984 (“ACCA”) is the federal equivalent of the “three strikes” or “repeat offender” laws now in place in at least 28 states in this country. The ACCA was enacted during the Reagan administration which was aggressively involved in curbing what politicians and media pundits characterized as a “crime wave” gripping the country in the 1970s and 1980s. The law required that anyone who had three prior convictions for either “violent felonies” or “serious drug crimes” could face a minimum 15-year term to a maximum of life imprisonment if convicted under the law. Residual Clause Unconstitutionally Vague The ACCA defined a “violent felony” as any crime punishable by imprisonment for a term exceeding one year that: 1) has as an element the use, attempted use, or threatened use of physical force against the person of another; or 2) is a burglary, arson, or…
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NY3: Cell phones may be seized and searched under SW for computers, processors, and drives
A search warrant for computers, processing units, and drives didn’t say “cell phone,” but cell phones may be seize under that description. People v. Victor, 2016 NY Slip Op 03551, 2016 N.Y. App. Div. LEXIS 3425 (3d Dept. May 5, … Continue reading →
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False Arrest Claims – Your Options After The DUI/OVI Case Is Over
I have recently had the privilege of working on OVI cases with attorney Eric Holloway. In addition to OVI defense, Eric also represents clients in civil rights cases, including cases involving false arrest. As a follow-up to the last blog entry, ‘Uncovering False Arrests In DUI/OVI Cases’, I asked Eric to summarize the options of a person falsely arrested for OVI. Eric agreed to be a guest blogger and prepared the remainder of this article. The handcuffs clamp down tight on your wrists; sweat beads up on your forehead. The police officer just told you, “You’re under arrest.” You did nothing wrong, yet you face the full gauntlet of the criminal justice system. And you just know the police officer had no grounds to arrest you. In time, the criminal justice system agrees with you. In time, the charges are dropped or the jury finds you not guilty. Now what? You might think of taking the police officer to…
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TX6: Generic motion to suppress and hearing didn’t specify issue appealed; held all waived
Defendant’s generic motion to suppress was denied and there was no specific proof or argument at the suppression hearing as to what it was all about. It was essentially waived for appeal by failure to articulate the ground argued on … Continue reading →
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