"The Eighth Amendment's Lost Jurors: Death Qualification and Evolving Standards of Decency"
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Lots more mainstream and new media commentary on lenient sentencing of Stanford sex assaulter
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Hillary Clinton Is The Democratic Nominee For President
Great speech. Great moment. Oh BTW, I predicted this moment in November 2008. Just sayin. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Can I Be Arrested If I Have Prescription Medication Without the Prescription?
By Bo Kalabus www.rosenthalwadas.com; b.kalabus@rosenthalwadas.com 24-hour Jail Release: 214-402-4364 YES! However, if you can provide a copy of the prescription (and show it was valid at the time of the arrest), the case against you will most likely be dismissed. A valid prescription is a defense to the prosecution of the case, but it will not stop the arrest if the prescription is not on your person. If a person is carrying prescription medication without the prescription, they can be arrested if they come in contact with the police. Usually, I see these charges in connection with being stopped for another reason and the medication is either in plain view or in the person’s pocket. Be careful when you are driving around with your prescription medication. Another scenario I commonly see is where a friend or family member gives an individual leftover prescription medication for an ailment. If this is the case and the person gets arrested in possession of someone…
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2016.016: Jill Filipovic Makes Readers Stupider
When someone writing for a popular website says: Before I was a journalist full-time, I was a lawyer. I didn’t do criminal defense work, but I am the daughter of a public defender, and the friend, former classmate, and former colleague of dozens of defense lawyers. I’m not a religious person, but if there is anything I believe is the Lord’s work, it is criminal defense, especially as a public defender for the indigent. It is under-paid, vilified, time-sucking, emotionally depleting work. It is also the backbone of our justice system. It is the last line of defense — the only line of defense — for millions of people, many of them young men, many of them poor, many of them of color, in a criminal justice system that houses more people in prisons than any society in the history of the world. Here in the United States, we put people in jail for a very long time and we ostracize them when they come out, breeding cycles of crime, poverty, and…
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ISP Requesting Assistance Identifying Crash Victim** Update
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT TWO CASE # L16000789 --------------------- PRESS RELEASE ----------------------------- DATE: 06/07/2016 TIME: 20:22 LOCATION: NB SH99 Milepost 1.5 Update** The male subject has been identified as Maylone,James E, 49 year of age male from Deary,ID. The Idaho State Police is currently investigating an injury crash that occurred last night at approximately 8:22pm near Moscow, Id. The male subject lost control of the vehicle while taking a right hand turn, crossed over the NB lane and left the…
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In a Case of First Impression, Delaware Chancery Court Holds It’s “Out with the Old (Board) and In With the New” When Considering Demand Futility
On May 31, 2016, the Delaware Chancery Court rejected shareholders’ allegations of corporate wrongdoing in a derivative suit against a national healthcare company, Bioscrip, holding that Plaintiff failed to adequately allege demand futility with respect to Bioscrip’s board of directors. For the first time, the Delaware Court found that Plaintiff was required to demonstrate demand futility with respect to the board of directors that was in place after shareholders filed their derivative complaint. Park Emps.’ & Ret. Bd. Emps.’ Annuity & Ben. Fund v. Smith, No. 11000-VCG (Ch. May 31, 2016). On May 7, 2015, Plaintiff filed suit against Bioscrip, its board of directors, and several related companies, alleging corporate wrongdoing including Bioscrip’s participation in a kickback scheme, its fraudulent concealment of the health of its profit-making sectors, and various counts of insider trading. The shareholders claimed that making a demand on…
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Two Suspects May Face Attempted Murder Charges in Las Vegas
Las Vegas police are seeking two men who they say are responsible for shooting four people. Eyewitness accounts say that the two African-American males were involved in a verbal dispute near the intersection of Ogden Avenue and 3rd Street in downtown. Four pedestrians walked by and were drawn into the disagreement. One of the suspects ducked into a white sedan, coming back out with a handgun. He fired at the four pedestrians, hitting each before he and the other suspect got into the car and drove away. Reportedly, the gunman continued to fire as he fled the scene. The four victims are being treated for non-life-threatening injuries at University Medical Center. Police are on the lookout for the two suspects. If they are found, they will be charged under NRS 200.471 for assault with a deadly weapon. They are fortunate that they will not be charged with homicide. Still, they may face charges under NRS 200.030 for attempted murder. As a category B felony, a conviction can lead to…
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Repeat Criminal Convicted, Again
In posts here and here, I discussed a Washington Post story detailing how repeated "second chances," all borne from the false promises of rehabilitation and redemption that underlie the sentencing reform movement, resulted in a brutal rape. At the time of my entries, the rape had not been proved in court, and the defense lawyer indignantly and thunderously denied her client's involvement.A jury has now found that defense counsel's story was so much baloney. That by itself is hardly worth a new entry; made-up stories are the inventory of criminal defense.What's worth a new entry is a reminder of how utterly preventable this rape was -- if our system suffered less from willful and ideologically driven blindness about the criminal instincts of the defendants it's dealing with. As today's Post story relates:The jury did not hear about all of [defendant Antwon] Pitt's prior brushes with the law,…
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//blawgsearch75.rssing.com/chan-6519914/article18590-live.html
1. United States v. Loveland, No. 13-30162 (6-3-16)(Kleinfeld with Kozinski and Murguia). A conspiracy needs an agreement. In this reversal of defendant's conviction and vacation of life sentence, the 9th found there was ample evidence of possession with intent to distribute meth, but no evidence of an agreement between the suppliers, nor the ultimate purchasers. It is not enough that the purchases are regular, or that everyone knows who is buying what; there has to be an agreement that everyone is in this together. Here, there was not. The only evidence was that co-defendants purchased amounts.The decision is here:https://cdn.ca9.uscourts.gov/datastore/opinions/2016/06/03/13-30162.pdf2. United States v. Ornelas, No. 15-10522 (6-3-16)(Ikuta with Kleinfeld and Watford). The 9th affirms a denial of a motion to reduce a sentence pursuant to a guideline reduction under 18 U.S.C. § 3582. The defendant argued that the court…
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Drugged Driving Can Cause Serious Consequences
When the term “driving under the influence” is heard, the first thing that usually comes to mind is alcohol intoxication. But alcohol is only one of the countless substances that can impair an individual’s ability to drive. Driving under the influence of drugs, including prescription medications and illegal substance can cause severe consequences. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), approximately 10 million Americans drive under the influence of drugs each year, making up 18% of fatally injured drivers. Let’s examine the top three consequences that drugged driving can cause.InjuriesSimply put, drugged driving puts individuals at higher risk for crashes, often resulting in injuries or fatalities to the occupants of the vehicle or other individuals involved in the accident. In 2006, approximately 18,000 people died in traffic crashes from driving under the influence, accounting for over 40% of all traffic…
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Law Offices of Jeffrey Lichtman Representing Men Charged With Sheep Marketplace Bitcoin Theft
Jeffrey Lichtman has been hired by two men who are alleged to have stolen 5,400 Bitcoins – worth approximately $6.6 million – from the online drug sales website Sheep Marketplace in 2013. Last week, the United States Attorney’s Office in Jacksonville released civil forfeiture documents detailing the 2014 return of $4.5 million in cash and other assets; no criminal charges have yet been brought against the two men. From Silk Road to Sheep Marketplace Sheep Marketplace was launched following the 2013 government shutdown of Darknet Market Silk Road – the first online narcotics marketplace to use Bitcoin – and which ultimately led to the conviction and life sentence for drug dealing and money laundering of Ross Ulbricht and other individuals, including two FBI agents. Sheep Marketplace was also a black market which served as a drug marketplace in which Bitcoin was exchanged. Despite Sheep Marketplace being a forum for drug dealers,…
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CFPB Sues Payment Processor for Facilitating Fraudulent Transactions
The CFPB sued payment processor Intercept Corporation, its owner, and its CEO on June 6, 2016, for allegedly enabling unauthorized withdrawals and other illegal activities of Intercept’s clients. The complaint, filed in district court in North Dakota, accuses Intercept of processing transactions for its clients that it knew or “consciously avoided knowing” initiated fraudulent or illegal transactions. Based on Intercept’s conduct, the CFPB alleges Intercept violated the Consumer Financial Protection Act (“CFPA”). Intercept is a third-party payment processor that processes electronic fund transfers through the ACH network. Intercept counts among its clients payday lenders, debt collectors, and auto title lenders. The complaint described Intercept’s typical transaction: Intercept’s client instructs Intercept to withdraw loan repayments from a borrower’s bank account; Intercept instructs its bank…
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The Unbearable Meaninglessness of Justice
While trawling the Internet, trying to decide what to write about – because having a blog means it’s always begging for content, and however poor my writing skills may be, they still cry out for a walk now and then – my eye dropped upon this gem from Judge Kopf: Lawyers and judges should do law and only law. Indeed, they should consign the word “justice” to the garbage dump of words without meaning. The legal profession and the judiciary should leave “justice” to the great minds who have struggled for over a millennium to define the meaning of the word. It was on Scott Greenfield’s blog, though, so…yes, I’m allowed to blog about it.1 And speaking of screeching,2 it gives me the opportunity to puzzle my way to another screeching headache over the topic of “justice.” I quit referring to the criminal court system as the “criminal ‘justice’ system,” even with scare quotes, a while…
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Driving Under The Influence Of Alcohol Or Drugs And The Affects They Have On Your Brain
HOW ALCOHOL AND OTHER DRUGS AFFECT YOUR BRAIN Everyone knows that when a person is under the influence of certain drugs, their driving may become impaired, but not everyone knows why. Let’s start with the most common drug: alcohol. Alcohol is a depressant. Depressants cause the central nervous system to slow down, usually by enhancing a neurotransmitter called gamma-Aminobutyric acid (GABA). GABA reduces a person’s nerve cell excitability (the process that transmits information in our brains). Without GABA, we’d be a “bundle of nerves.” Continue reading →
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MSCJ: Blood, Bernard, and Beyond!
The Minnesota Society of Criminal Justice will be hosting their 31st annual DWI Seminar on Friday June 17th at the Minneapolis Marriott Northwest. The title of this year’s seminar is “Blood, Bernard and Beyond.” For anyone who has not attended any of the previous seminars, this is the preeminent DWI seminar for DWI defenders, put on by some of the biggest names in the field— Chuck Ramsay, Jeff Sheridan, just to name a few. This event is only offered for defense counsel! Below is the schedule of events: 8:30 - 9:00: Registration 9:00 - 9:05: Opening Rant by Paul Ahern 9:05 - 10:05: National Speaker: Gas Chromatography in Blood and Urine Testing by Josh Lee, Attorney, Grand Lake, Oklahoma 10:05 - 10:45: Metrology and Reliability of Breath Testing by Chuck Ramsay and…
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Right of a Probationer to Refuse Consent to Search by Police
Offenders on probation have to follow strict rules to ensure their freedom including permitting AP&P officers to visit them at home and work, conducting searches anytime without a warrant; however the Fourth Amendment protects the probationer the right to refuse consent to search when approached by the police. Knock and talk Police officers will often […] The post Right of a Probationer to Refuse Consent to Search by Police appeared first on Salt Lake Criminal Defense Attorney.
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Unbelievable! Truly Unbelievable!! Dianna Luce
Running unopposed.I'll say it again: Unopposed.In a Republican primary election.I'll say it again: A Republican primary election.2,500 Republicans turned their back on Dianna Luce.I'll say it again: 2,500 Republicans.That means that 2,500 Republicans refused to even check the box next to the name of Dianna Luce.2,500 Republicans refused to simply check the box next to Dianna Luce's name.In a Republican primary election.That means no Democrats were even counted.That means in her very own Party, 2,500 people simply refused to check the box.A ghost. A non-existent person collected 2,500 Republican votes against the worst D.A. in the State of New Mexico.Un-friggin-believable.She should hang her head in shame.2,500 Republican votes of No to Luce.
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My Top Ten Most Beautiful Individuals: #6, Sharon Van Etten
Cooler than the coolest girl you went out with in high school.Cooler then your sister's coolest friend who used to come to the house and listen to KISS in your sister's room with the volume turned up to eleven, with weird smelling smoke coming from underneath the door.Cooler than the girl who worked at the record store that you used to frequent..Cooler than the girlfriend of the guy who used to drive the Trans-Am down the street in 1975.Cooler than every girl who hung out with the jocks, the heads, and the nerds.Cooler than all of them combined.And, she also knows how to play the guitar in an open E.Always more beautiful in real life, or video, than in pictures.No photo captures how beautiful she really is.Ladies and gentlemen, I present to you SVE.She's cooler than you.
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Reathaford on the Value of Blogging
In the latest issue of the Association of Southern California Defense Counsel's Verdict Magazine, Laura Reathaford writes on the value of legal blogging and how and why lawyers should blog. The article appears on pages 16-17 of the issue.I especially agree with Reathaford on how a blog can be a repository of information for the blogger. If an author writes multiple, systematic posts on a particular area of law (say...drone law), the author can rely on his or her prior blog posts in subsequent writings on the subject by using previous posts as resources for links or summaries of relevant statutes or cases. Indeed, if one's prior posts are exhaustive enough, it is possible to write a full law journal article in a manner of days.
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