Seventh Circuit affirms above-guideline child porn sentence given to former Subway pitchman Jared Fogle
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"The Stanford rape case demonstrates liberal hypocrisy on issues of basic fairness in the criminal justice system"
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Single Vehicle Crash North of Horeshoe Bend
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: 06/10/16 1:52 pm Please direct questions to the District Office ***Update*** Prior to the crash, Bernard Thomas, a log truck driver, attempted to prevent the crash by getting the driver's attention. AC/NEH ***End of Update*** On Friday, June 10, 2016, at 8:38 am, the Idaho State Police investigated an injury crash southbound State Highway 55 at milepost 74, just north of Horseshoe Bend. A juvenile female was driving southbound when she fell asleep, drove off the road, and hit a power pole. Both the driver and her passenger were transported to St. Alphonsus in Boise. The crash caused a power outage in the area and Idaho power is on scene. Bernard Thomas, of Boise, was…
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SCOTX: Illegal searches okay in asset forfeiture cases
Here's more fuel for the fire over policing for profit: The Texas Supreme Court today ruled that law enforcement can seize assets even when police officers violated the law and conducted an illegal search. See the opinion. In the case, police found drugs as a result of an illegal search; the criminal case was thrown out but prosecutors kept appealing on the forfeiture case, hoping to take ownership of the defendant's Lincoln Navigator.The intermediate appellate court had ruled that the Code of Criminal Procedure "precludes the state from initiating a civil-forfeiture proceeding based on an illegal search." SCOTX, though, ruled that courts may impose no sanction on law enforcement for illegal searches in civil proceedings, holding for the first time that the exclusionary rule does not apply in these cases.SCOTX decided that the purpose of the exclusionary rule is to punish law enforcement misbehavior as a deterrent and judged cops had been punished…
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Should I Fight Extradition to or from Connecticut?
Extradition is the process during which a country or state surrenders or retrieves a fugitive from another country or state. As the best Connecticut criminal extradition lawyers know, every state—and every country—maintains their own extradition laws that govern that particular criminal justice system’s rights and obligations to either produce a fugitive from justice to Connecticut, or request that someone arrested in Connecticut be returned to that particular state or country. Among states, it’s a very clear process, which requires a “Governor’s warrant” to be filed with the outside state. Among countries, it’s a bit more complicated. But no matter where in the country or world you are, you have right to fight a Connecticut extradition case, so keep reading to understand the process and protect yourself or your family member from a protracted extradition process… Extradition to Connecticut from Another State If…
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Mass. Senate Revives Drunk Driving Ignition Interlock Bill
According to a recent news feature from the Natick Patch, the Massachusetts State Senate is trying once again to pass a bill that would require an ignition interlock device for anyone convicted of drunk driving, and this includes first time offenders. While this sounds like an easy thing to accomplish, there is a lot more to it than one might initially think. There is currently legislation for repeat offenders to get ignition interlock devices, but this is a plan to greatly expand the current requirements. First, it would probably be helpful to discuss what the device is before discussing the recent bills. The device involves the installation of a breath-testing instrument near the steering wheel of the car. In order to start the car, the driver must blow into the tube and have a score of zero before the car will turn on. If the driver fails the test, his or her probation officer will likely be notified of the failure, and this can result in jail.…
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CHALLENGING THE DMV’S DECISION TO SUSPEND YOUR LICENSE: THE WRIT OF MANDATE
It is simply a fact that many, if not most, drivers lose at their Administrative Per Se (APS) Hearing. The APS hearing is an administrative hearing and unlike criminal hearings, the driver is not afforded the same due process rights a guaranteed by the Constitution in criminal trials. The legal standards are not as strict in an administrative hearing and the DMV officer who makes the decision about the suspension of the driver’s license to drive sits as prosecutor and judge. While this doesn’t sound very “Constitutional,” the appellate courts have long held that certain Constitutional rights do not apply to administrative hearings. But you do have the right to challenge the administrative court’s decision. The procedure by which the decision can be challenged is by petitioning a higher court for a Writ of Mandate, also called a Writ of Mandamus. This writ is a civil procedure by which you can petition a court of law to review the administrative…
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Two SCOTUS reslists concerning Johnson's application to the career-offender guideline worth keeping an eye on
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The San Diego 98- Why San Diegans Deserve to Know and Lessons from USA Swimming and Convicted Sexual Assault Attacker, Brock Turner
The San Diego 98 scandal is based on San Diego City Attorney's Office mishandling of 98 sexual assault, domestic violence, and other sensitive victim cases, by Criminal Division Assistant City Attorney Marlea Dell'Anno, then City Attorney Jan Goldsmith covered it up. In a memo released in April, 2016, Jan Goldsmith acknowledged that he knew about the cases being mishandled in 2015, but never disclosed it. From a basic Social Compact Theory of community, we deserve to know when someone has violated our laws. 98 fellow San Diegans began sexual assault, domestic violence, or other sensitive assault cases with the police and alleged a crime was committed. The police then did their job by drafting a police report and investigating, then sending the cases to the City Attorney's Office to determine the level of criminality. The City Attorney would have either determined there is insufficient evidence to file criminal charges and dismissed the case, issued criminal…
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Crash near Soda Springs currently blocking US 30
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: 6/10/16 - 3:00 p.m. Please direct questions to the District Office Idaho State Police and Caribou County Sheriff's deputies are currently investigating a crash on U.S. Highway 30, about one mile west of Soda Springs. There are multiple vehicles involved and the highway is currently blocked. Units on scene plan on reopening one lane for traffic shortly. More details will be provided when they are available. SC/AM -------------
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Domestic Violence Charge Dismissed for Man in Franklin County
Accusations involving domestic violence are very distressing and recently it was no different for a man in Franklin County. Evidently, neighbors called the police to report an intense argument at the man’s home and upon their arrival, the man’s wife alleged that she had been struck. Since the husband was not present at the time, [...]The post Domestic Violence Charge Dismissed for Man in Franklin County appeared first on Columbus Criminal Attorney.
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"Unpacking the (never-simplistic and never-certain) stories of state crimes and incarceration levels"
Doug Berman has this post at Sentencing Law & Policy, excerpting a report from the Brennan Center and an article in The Atlantic discussing it. From the article: Many Americans might make a basic mathematical error in looking at the...
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Attorney Jonathan Dichter Once Again Selected for Super Lawyers
Dichter Law Office, PLLC is pleased to announce that, once again, Attorney Jonathan Dichter has been named in the Washington Super Lawyers Rising Stars list. 2016 marks the third consecutive year Attorney Dichter has been chosen for this honor. Super Lawyers is one of the most recognized and respected legal directories in the industry. Every year, the organization selects the most accomplished attorneys in every state using a combination of peer nominations and rigorous research by their in-house staff. Those chosen are announced in Super Lawyers Magazine and numerous regional news and legal publications. The criteria for Super Lawyers selection includes: Education Experience Case results Prior industry awards Special certifications Writings and speaking engagements Community engagement Pro bono work Bar activity The Super Lawyers Rising Stars list is reserved specifically for young lawyers deserving of recognition who are under 40. This list recognizes no…
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One Ruling to Decimate Them All
I did not always intend to be a criminal defense lawyer. I’ve mentioned before that because of my technology background, I had planned on going to law school to become a rich technology lawyer. Instead, I chose to become a relatively-poor – screw you, I’m talking about money! – criminal defense attorney in one of the most lawforsaken areas of the country: Central California. Home of farms, fucked-up cops, and farcical “courts” populated by judges who do things like turn to the gallery, and say, “If you all wouldn’t commit so many crimes, I wouldn’t have so many files.”1 My primary county, Fresno, is not the worst – for that, you’d have a tough contest between Tulare, Kings, Madera, and Merced counties. In most of those places, the judges appear to believe their job is to help the cops and prosecutors get people into prison as quickly as possible. But when you consider that Fresno is the birthplace of the…
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//blawgsearch75.rssing.com/chan-6519914/article18635-live.html
1. United States v. Murphy, No. 15-50023 (6-9-16)(Block, Sr. D.J., with Clifton and Ikuta). This appeal of tax and false claims convictions has an interesting "sovereign nation" issue. The 9th affirmed the convictions for a slew of interfering with tax laws and false claims, but vacated the conviction of the count alleging presenting fictitious financial instruments. The defendant had written out a promissory note, with a confusing legal justification, and submitted it to the Treasury, saying that it should be used to offset any claims. In instructing the jury, the court failed to state an element: the financial instrument had to be issued "under the authority of the United States." This was plain error, given the element, and the fact that the instrument arguably was not issued by the United States. The count was remanded for a new trial or dismissal.The decision is…
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Injury Crash on the Snake River Bridge, East of Burley - EXPECT EXTENDED DELAYS
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: 6/10/2016 at 5:25 p.m. Please direct questions to the District Office Idaho State Police is currently investigating a multiple-vehicle injury crash on Interstate 84 on the Snake River Bridge near milepost 216, east of Burley. Both lanes of travel are currently blocked. Traffic is backed up in both directions. EXPECT EXTENDED DELAYS THROUGH THIS AREA. do / sg -------------
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When Was The Last Time A Popular Incumbent Actively Supported His Successor?
President Obama endorsed Hillary Clinton yesterday, proclaiming: "I don’t think there’s ever been someone so qualified to hold this office.” And he promised to take an active role in seeking her election: “I’m with her, I am fired up, and I cannot wait to get out there to campaign for Hillary.” With his approval ratings high and going higher, Obama's participation in unifying and energizing the Democratic base for Clinton could be pivotal. As Heather Digby Parton points out, Obama is a key member of a deep bench of influential and politically talented Democratic surrogates that includes Michelle Obama, Joe Biden, Elizabeth Warren and (eventually) Bernie Sanders who will enthusiastically hit the trail for Clinton.Obama's role is unique in modern presidential politics. Indeed, there hasn't been a sitting president who was not otherwise diminished by scandal or…
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Criticism of "Victim-Centered" Investigations
The Center for Prosecutor Integrity has issued a release about its launching of "an Executive Committee to address the use of 'victim-centered' investigations in sexual assault cases." According to the release: A recent report by the Police Executive Research Forum...
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**UPDATE** Crash near Soda Springs currently blocking US 30
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: 6/10/16 - 3:00 p.m. Please direct questions to the District Office *****UPDATE***** On Friday, June 10, 2016 at approximately 2:12 p.m., the Idaho State Police investigated a two-vehicle, injury crash eastbound on US-30 at milepost 403, two miles west of Soda Springs. Michael Taylor, 55, of Rigby, was eastbound on US-30 in a 2012 Dodge Ram pickup. Brandon Hansen, 29, of Pocatello, was westbound on US-30 in a 2012 Volvo semi pulling a single trailer. The Dodge crossed into the westbound lanes and struck the Volvo. The Dodge rolled and came to rest off the right shoulder. Hansen pulled his vehicle over to the right shoulder. Taylor was not wearing a seatbelt. He was…
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"It’s not a Fourth Amendment search if a cop swipes your credit card, court finds"
From arstechnica, courtesy of NACDL news scan. In part: A federal appeals court ruled Wednesday that law enforcement can legally scan or swipe a seized credit card—in fact, it is not a Fourth Amendment search at all, so it doesn’t...
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