For many of us who were less than enthused to see Donald Trump win the Republican nomination, the general election choice nonetheless seemed to be a clear one based on the kinds of judges the respective nominees would appoint, especially to the Supreme Court. The Trump campaign apparently wants to reinforce that point by releasing a list of possible Supreme Court appointments. Bill noted the release a few minutes ago, and Jill Colvin and Mark Sherman have this report for AP. The list is:Steven Colloton of the Eighth Circuit (Iowa)Allison Eid of the Colorado Supreme CourtRaymond Gruender of the Eighth Circuit (Mo.)Thomas Hardiman of the Third Circuit (Penn.)Raymond Kethledge of the Sixth Circuit (Mich.)Thomas Lee of the Utah Supreme CourtJoan Larsen of the Michigan Supreme CourtWilliam Pryor of the Eleventh Circuit (Ala.)David Stras of the Minnesota Supreme CourtDiane Sykes of the Seventh Circuit (Wis.)Don Willett of the Texas Supreme CourtI am not familiar…
Donald Trump's Pretty-Short List
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Prostitute has Common and Apparent Authority to Consent to Search Room in Which She is Working
In United States v. Murray, No. 15-2054, 2016 WL 1697082 (3d Cir., April 28, 2016), Defendant challenged his conviction for distribution of crack cocaine and related offenses. In Murray, Bensalem police were investigating alleged prostitution in the area. Police had been informed by the owner of the at the Sunrise Motel that a suspected prostitute had been picked up at the motel by someone driving a green Cadillac. Police also received a tip on that same day from a woman named “Jessica Brown” that a man named “Mills” drove a green Cadillac. Ms. Brown informed police that “Mills” was currently residing at the Knights Inn, and he had drugs in his possession. During the evening on the same day that they had received these two tips, police observed a green Cadillac at a third motel, the Neshaminy Motor Inn. Police learned that the owner of the green Cadillac was Defendant, and he had rented one room at the motor inn. By this time, police also had…
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SMU's new Criminal Justice Reform Center seeking applicants for Director position
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New Ruling on Positive Drug Test VOP’s Defies Logic
“Know the rules well, so you can break them effectively.” — Dalai Lama XIV Every country on Earth has criminal rules, and they all sound remarkably similar. We Americans enjoy a “presumption of innocence”, and Article 37 of the Constitution of the Islamic Republic of Iran states that “Innocence is to be presumed”. Two countries, both with a “presumption of innocence”. Do you think they mean the same thing? It is our court’s interpretation of these words that given them teeth and meaning. Trust me, you would rather be presumed innocent in Florida, versus Tehran. From time to time, American courts chip away at the meaning of criminal laws, and as such, we are creeping ever so slowly towards interpretations more in line with Tehran than Miami. To demonstrate this slow erosion, we’re going to review the recent Florida Supreme Court case of Florida v. Queior,…
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New CBO report indicates federal statutory sentencing reform would save many, many millions
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Update: Fatal Crash in Twin Falls County.
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: 05/18/16 3:22 P.M. Please direct questions to the District Office ***** Update ***** Hollie Winnett has been arrested for misdemeanor vehicular manslaughter and felony leaving the scene of a fatality crash. JW / DO ***** End Update ***** On Wednesday, May 18, 2016, at approximately 9:00 A.M., Idaho State Police investigated a vehicle versus bicycle crash at 3375 E & 2900 N, in Twin Falls County just south of Kimberly. Hollie Winnett, 32, of Hollister, ID, was driving westbound on 2900 N in a 2002 Jeep Liberty. Winnett struck Ryan Franklin 34, of Filer, ID who was also riding westbound on 2900 N on a bicycle. The impact knocked Franklin from his bicycle and onto the…
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"US House Votes to Give Medical Marijuana to Veterans"
The title of this post is the headline of this notable report authored by Tom Angell explaining a notable vote today in Congress. Here are the notable details: The U.S. House took action to increase military veterans’ access to medical marijuana on Thursday. By a vote of 233-189, representatives approved...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/7-uzrzziJNw" height="1" width="1" alt=""/>
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From Jail to Bail
Asheville DWI Lawyer Blake Marcus Factors involved in a Magistrate setting bond Being charged with a criminal offense can be very stressful and frightening experience. For most people charged with a crime, the incident ends with them confined in a county jail hoping to be released quickly. When in jail, the magistrate is required by North Carolina statute to advise all recent arrestees of the charges against them and the conditions under which they may obtain their release. The magistrate has wide discretion in determining a person’s pretrial release conditions. Some factors the magistrate considers in making his/her determination include: the person’s charges, whether he/she will pose a danger to other people or property if released, whether he is from out of state or lives close by, whether the person is a flight risk (likelihood the person skips his next court date), and the person’s criminal history. The Magistrate is primarily concerned with the person…
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What’s Deferred Adjudication in Texas?
By Bo Kalabus www.rosenthalwadas.com; b.kalabus@rosenthalwadas.com 24-hour Jail Release: 214-402-4364 What is Deferred Adjudication in Texas? On certain criminal cases you may be eligible for deferred adjudication as part of a plea agreement. What’s different with deferred adjudication is when you plead guilty, the judge does not find you guilty, and as a result (as long as you successfully complete probation) you are not formally convicted of the charged offense. The benefit is deferred adjudication is NOT a conviction and you have to opportunity to seal your arrest record. A conviction on the other hand can never be sealed or removed from your record. You get convicted when you have either lost at trial, or agreed to a plea agreement where you plead guilty before the court and the judge found you guilty and you were sentenced. Am I Eligible For Deferred Adjudication? Whether a person is eligible for deferred adjudication depends on the offense charged and…
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Police Announce Large Howard County Marijuana Bust
Howard County may not be known for high volume drug trafficking, but a recent marijuana bust near Columbia captured state headlines last week for its shear size. Police are reporting that the 600 pot plants found in a four bedroom Glenelg home set the record for the county’s largest illegal marijuana grow operation, and two suspects were arrested and charged with multiple felonies. The male and female defendants were apparently renting the home, which was auctioned off last month. Upon visiting the recently acquired property, the new owner saw a suspicious van in the driveway and called police. Cops then allegedly smelled a strong odor of marijuana and observed other suspicious signs at the property, and they applied for a search warrant. In addition to the plants, the search revealed a sophisticated growing operation with ventilation, hydroponics and lighting systems. Police also found 8 pounds of packaged marijuana, THC wax, $75,000 cash, heroin,…
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Massachusetts Court of Appeals Warns Vigilance When Charging Possession with Intent to Distribute Marijuana
The Massachusetts Court of Appeals recently reaffirmed in Commonwealth v. Stampley, 88 Mass. App. Ct. 1118 (2015) that the possession of even several baggies of marijuana without additional evidence of distribution is not sufficient to convict a defendant of possession with intent to distribute. As background, in 2008 Massachusetts voters passed a ballot decriminalizing the possession of small amounts of marijuana. The law went into effect in 2009. Before 2009, possession of any amount of marijuana was a criminal offense with offenders facing up to 6 months in jail. It should be noted that possessing more than one ounce of marijuana is still a crime, as well as distribution (dealing) of any amount and possessing any amount with the intent to distribute it. In Commonwealth v. Stampley, a police officer approached two teenagers who were smoking a blunt. The two teens became nervous and fidgety and gave the officer false names. 17…
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EXTENSIÓN DE TPS PARA HONDUREÑOS Y NICARAGÜENSES – FECHA LIMITE 15 DE JULIO DE 2016
El Servicio de Inmigración anunció que extenderían el estatus de TPS, por sus siglas en inglés, a hondureños y nicaragüenses. La fecha límite es el viernes 15 de julio del 2016. De no re-inscribirse, perderá sus beneficios. Es sumamente importante que se soliciten lo antes posible. Aquellos quienes no solicitaron el TPS durante el periodo original, quizás puedan registrarse ahora si llenan ciertos requisitos. De necesitar ayuda con su re-inscripción o desea explorar la posibilidad de someter una solicitud tardía, comuníquese con nuestra oficina. Para más información en Minnesota, comuníquese con la Licenciada Tamara Cabán-Ramirez, abogada de inmigración y defensa criminal, al 612-823-4413 o vía correo electrónico a info@cabanramirezlaw.comFiled under: Immigration
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Notable sentencing elements in Oklahoma bill making any and all abortions a felony subject to mandatory imprisonment of at least one year
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Boston Area High School Students Get a Lesson About Drunk Driving
This is the time of year when schools are holding their proms, and students are out on the roads more than they have been in past months. Aside from the many new teens getting their drivers’ licenses, the days are longer, and the weather is nicer, so, in addition to the increase in the number of teens on the roads, we are seeing more drunk driving accidents, and many of these accidents result in serious injury or even death. According to a recent news feature from CBS Local Boston, local police and firefighters held a drunk driving accident demonstration at Burlington High School. This drunk driving crash demonstration took place at the school three days prior to prom night. The demonstration began inside the school. Actors were selected from among the students to act on a scenario in which a group of teens decided to drink alcohol and then get behind the wheel of a car. This presentation was performed earlier and recorded on video to be shown on…
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Twenty-Five Year Review of Sentences to Life Without Parole
I have started to get questions about G.S. 15A-1380.5, a repealed statute that used to provide for judicial review of sentences to life without parole after 25 years of imprisonment. It’s too early for a court to be applying the law just yet—the first reviews shouldn’t happen until 2019—but we’re getting close, and people are talking about it. Today’s post describes the law. Since 1994, sentences to life without parole in North Carolina are true “natural life” sentences. The sentence is fully served only upon the defendant’s death, and there is no possibility of parole. That was not the case under earlier law, where life sentences were eligible for parole after 10 or 20 years, depending on the crime for which they were imposed. With no outright release date and no parole, a defendant’s only chance of being released from a life sentence is via executive clemency. For brief time, North Carolina law provided for a…
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Postpartum psychosis defense
A 29 year-old mother researches on the internet how to poison her children. She later mixes windshield de-icer fluid into some grape juice and serves the toxic mixture to her five-year-old son and 4-month-old daughter. When the toxic fluid fails to kill them, she takes those two children into the bathroom and drowns them in the bathtub. She writes a note to the father of those two children blaming him for her actions. She had recently discovered that he fathered a child with another woman. She then seals all of the windows in her apartment with plastic and tape and sends a text to her boyfriend (father of the children) that says, "I'm sorry the kids are gone. I'm next." She turns on the gas from her stove, drinks the toxic grape juice, and cuts her wrists. 9-1-1 reports of a gas leak cause firefighters to discover the grave scene. The kids are dead, but the mother survives.Lisette Bamenga committed this…
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Surviving Peoria Summer Camp Music Festival
The 2016 Summer Camp Music Festival will be held at Three Sisters Park in Chillicothe, Illinois from May 27-29. This event always attracts thousands of visitors from all across the United States that travel to the Peoria area in order to hear their favorite music groups and enjoy the festival experience. However, festival-goers should be alert to the ever increasing law enforcement presence over the festival weekend. Many local law enforcement agencies have begin to call Summer Camp the “Felony Fest.” In 2015, there were 19 Class X felony arrests made by the Peoria-Multi County Narcotics Enforcement Group. A Class X felony can land a person in the Illinois Department of Corrections for a minimum of 6-30 years. Many of these arrests were made by undercover officers posing as festival-goers. While drug usage and trafficking is a major emphasis for local law enforcement, many other visitors have been arrested or cited for alcohol violations, battery, assault,…
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Sen. Tom Cotton on Sentencing Reform and Policing
I was fortunate to have the opportunity to see Sen. Tom Cotton's remarks today at the Hudson Institute on what is called sentencing "reform," and on policing. I have seldom seen a member of Congress speak with such knowledge and specific data as Sen. Cotton. One of the many points he conveyed is that some of his colleagues have simply become complacent about the gains the country has made against crime, and accept as the state-of-nature the low crime we have now.It is not the state of nature, and if we turn away from the work we did to get here, soon enough we'll find ourselves back in the time when New York City had six murders a day. In one major city after another, we're already headed in that direction.Will we wake up? Sen Cotton seems optimistic. His remarks are here.
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The Hill: Dem introduces bill to block new government hacking powers
The Hill: Dem introduces bill to block new government hacking powers by Katie Bo Williams: Sen. Ron Wyden (D-Ore.) on Thursday introduced a bill that would block an expansion of the Justice Department’s hacking powers. “When the public realizes what … Continue reading →
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"Criminal Justice: The Real Reasons for Reform"
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