Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71805 articles
Browse latest View live

New York Rabbi Ousted from Synagogue After His Fifth Divorce

0
0
In 2007 Newsweek magazine reported that Rabbi Marc Schneier was one of the top 50 Jews in America, renowned for founding the Hampton Synagogue in tony West Hampton Beach and the New York Synagogue in Manhattan. A media darling and interfaith leader,he was also the Vice-President of the World Jewish Congress and President of the North American Board of Rabbis. As a star in the Jewish firmament, he had one major problem. He couldn’t stay married. His first marriage took place in 1981 while he was studying at Yeshiva University, a union that ended after less than one year. He married again to Esther Melamed, but divorced her in 1992. It was during this marriage that he initiated the upscale Hampton Synagogue, catering to the well-heeled Jewish community of the Hamptons, including celebrities like Steven Spielberg and Revlon’s Ron Perelman. In 1993 he wed Oregonian Toby Gotesman at Gracie Mansion in New York, a coupling that produced a son, Brendan. But again it fell…

Update: Injury Crash on the Snake River Bridge, East of Burley - Lanes Open

0
0
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 8:05 p.m. Please direct questions to the District Office **Update** All lanes on I84 at mile marker 216 are now open. ************* 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 -------------

When The First Amendment Isn’t A Clearly Established Right

0
0
Daniel McGowan made three mistakes. The first landed him in federal prison. The second landed him in SHU, the kinder, gentler name of Special Housing Unit because solitary confinement sounds too unpleasant. The third was thinking that just because he was a federal prisoner, he still had constitutional rights. The Second Circuit put that notion to an end. Via Cristian Farias at the Huff Post: Daniel McGowan, an environmental activist whose prosecution for “eco terrorism” was the subject of an award-winning film, was finishing his seven-year term at a Brooklyn halfway house when he wrote a HuffPost blog post that contained details about a secretive prison where he had spent years in isolation. There was nothing particularly revealing about what he wrote: Much of it had been made public in an ongoing civil rights lawsuit he and other low-risk prisoners filed in federal court in Washington challenging their placement there, for no other reason than…

North Carolina Rejects Cyberbullying Law As Unconstitutional

0
0
No matter how many times agenda-driven lawprofs cried that the First Amendment didn’t protect speech that made people sad, and mean curmudgeon lawyers replied bullshit, there was little question that eventually, the vague laws enacted to protect feelings from harsh words would reach the courts and their constitutionality would be determined.  That happened in North Carolina, where the state’s cyberbullying law was considered in State v. Bishop. As was the case in New York, the North Carolina Supreme Court held that the law failed. As one would expect, the facts are nasty and reflect the sort of hateful conduct that makes one wonder what is wrong with people. During the 2011-2012 school year, defendant and Dillion Price were students at Southern Alamance High School. Starting in the fall of 2011, some of Price’s classmates began to post negative pictures and comments about Price on Facebook, including on Price’s own Facebook page. In September 2011,…

D.S.D.: Trash bags were about as close to house as street; no REP

0
0
Defendant has no reasonable expectation of privacy in his trash bags. There were close to house, but they were as close to the street, and they were ready for collection. United States v. Thompson, 2016 U.S. Dist. LEXIS 73035 (D.S.D. … Continue reading →

Best Diets for Attorneys Under Stress

0
0
Unless you’re an attorney yourself, you probably don’t realize the tremendous amount of stress many lawyers are under.  Stress and anxiety often go hand-in-hand, which can lead to depression.  In fact, a John Hopkins University study from 1990 found that of the more than 100 occupations examined for issues related to stress/anxiety, attorneys experienced depression at a rate more than 3 1/2 times that of other professions.  The bottom line is this:  lawyers, regardless of their areas of focus, are stressed out! There are lots of reasons attorneys are stressed.  Sometimes the caseload is enormous, and it seems there aren’t enough hours in the day.  Many lawyers are “perfectionists” because they feel they have to be, considering the law profession is extremely detail-oriented.  Attorneys want to win every case, and reach the best outcome for every client; this can be extremely stressful.  Add to this the fact…

CSC Case Increase in Coldwater, MI

0
0
According to Branch County Circuit Court Judge Boll O’Grady who made his 2015 annual report before the Branch County Commission recently regarding criminal cases in Coldwater, MI, cases involving criminal sexual conduct have increased significantly while the total number of criminal cases remain steady.  Heroin cases have also increased, according to the judge. In the state of Michigan, criminal sexual conduct (CSC) is any type of sexual assault and varies in degree.  The most serious criminal charge is first-degree criminal sexual conduct, which involves penetration.  The degrees of CSC include first-, second-, third-, and fourth-degree.  Depending on degree and the circumstances of the case, a conviction may result in life in state prison or life in prison without parole for the most serious offenders, to two years in state prison for offenders considered less dangerous.  Those convicted also face sex offender registration and other…

TN: Mere called-in description and location of allegedly impaired driver wasn’t enough for stop

0
0
A mere description of a truck and its general location, with no details of how the caller knew that the driver was impaired, was insufficient. Even when coupled with the officer’s one-minute interaction with defendant prior to seizing her where … Continue reading →

E.D.Va.: Govt SW affidavit showed PC for any computer logged into Playpen on Tor network

0
0
In another Playpen child pornography search, the government’s use of the Tor network to take over the Playpen computer and then route to users’ personal computers through it, looking at those computers, was a search. The “commonsense judgment” is that … Continue reading →

ME: State DEP doesn’t need a warrant to enter lands to look for noxious odors

0
0
The state Department of Environmental Protection gets an order permitting it to enter defendant’s lands at “reasonable hours” to inspect for the source of noxious odors. There is no warrant requirement for lands as opposed to buildings. State v. Dubois … Continue reading →

DEA Wants Easier Access to Your Medical Records

0
0
I've always thought the state prescription monitoring databases are a huge abuse of patient privacy in the name of the futile war on drugs. The Daily Beast reports on DEA's fight for access to your medical records without a warrant or court... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Having a Winning Criminal Defense Team

0
0
What Makes a Winning Criminal Defense Team? Whatever the criminal charge you may be facing, it is imperative that you understand your legal rights. There are always options for the defendant, such as plea bargaining, where the prosecution agrees to lesser charges and the defendant agrees to plead guilty to them, but unless you are knowledgeable about these legal procedures, you won’t be able to attain the best results. To find out the options you are entitled to, contact our experienced criminal defense lawyers at Potter Law Firm.Cal Potter believes in giving his clients a second chance. With competent advice and guidance throughout all phases of the legal process, his knowledge in Nevada criminal law will help you determine the best strategy to use, and then your lawyer will represent you successfully in a court of law. The successful criminal defense lawyers from the Potter legal team are expertly experienced with criminal charges in Las Vegas, including DUIs, illegal…

The Hill: NSA: We couldn’t have hacked the San Bernadino iPhone

0
0
The Hill: NSA: We couldn’t have hacked the San Bernadino iPhone by Joe Uchill: “We don’t do every phone, every variation of phone,” said an agency deputy director.

Remanding – Trial Judge’s failure to address claims of sentencing entrapment: United States v. McKeever, _ F.3d _ (D.C. Circuit, No. 13-3096, June 10, 2016)

0
0
Remanding – Trial Judge’s failure to address claims of sentencing entrapment: United States v. McKeever, _ F.3d _ (D.C. Circuit, No. 13-3096, June 10, 2016) June 10th was a day in which criminal appellants hit the trifecta in the D.C. Circuit. In the first of three decisions remanding appeals, a unanimous panel of the D.C. Circuit remanded lengthy sentences given to three appellants who raised sentencing entrapment claims arising from a so-called “reverse sting” operation. In United States v. McKeever the defendants were prosecuted under the Hobbs Act, 18 U.S.C. § 1951, for conspiracy to rob a liquor store and thereby interfere with commerce. Appellants each pleaded guilty and were sentenced. They principally argued on appeal that, inter alia, the District Court had erred in applying the so-called “Gun Bump” enhancement of Guidelines §§ 2B3.1(b)(2)(C) (five-level enhancement warranted if firearm brandished or possessed during…

Remanding – colorable claim of ineffective assistance of counsel warrant remands to consider claim that trial counsel failed to explain plea offer: United States v. Knight _ F.3d _ (D.C. Circuit, No. 14-3010, June 10, 2016)

0
0
Remanding – colorable claim of ineffective assistance of counsel warrant remands to consider claim that trial counsel failed to explain plea offer: United States v. Knight _ F.3d _ (D.C. Circuit, No. 14-3010, June 10, 2016) As earlier noted, June 10th was a watershed day in the D.C. Circuit, as three cases remanding District Court criminal proceedings issued. In the second case, Melvin Knight and Aaron Thorpe were charged with the federal offense of being a felon in possession of a firearm, as well as the D.C. Code offenses of conspiracy, assault with a dangerous weapon, kidnapping while armed, burglary while armed, possession of a firearm during a crime of violence, and obstruction of justice. (In the District of Columbia, the U.S. Attorney may prosecute D.C. Code offenses in federal court so long as federal offenses are also charged.) (Slip. Op. at 2-3). The unanimous panel, in an opinion authored by Circuit Judge Kavanagh, rejected Appellants’ Speedy Trial Act…

Ineffective Assistance and Expert Testimony – D.C. Circuit remands denial of coram nobis petition advancing battered woman syndrome defense: United States v. Nwoye, _ F.3d _ (D.C. Circuit, No. 14-3060, June 10, 2016).

0
0
Ineffective Assistance and Expert Testimony – D.C. Circuit remands denial of coram nobis petition advancing battered woman syndrome defense: United States v. Nwoye, _ F.3d _ (D.C. Circuit, No. 14-3060, June 10, 2016). In the third remand decision of the day, an extremely divergent panel of the D.C. Circuit vacated a district court decision to reject an ineffective assistance of counsel claim that was raised on collateral review. Finding error in the trial judge’s refusal to give credence to Appellant’s theory that trial counsel had negligently failed to raise a battered woman syndrome defense, the Court of Appeals vacated the sentence and remanded the case. On direct appeal in United States v. Nwoye, 663 F.3d 460 (D.C. Cir. 2011), a divided Circuit panel rejected an argument that the trial court erroneously refused a defense request for an instruction on a duress defense. (“Nwoye I”) The Court of Appeals held in Nwoye I that “a defendant is…

Mental Health Issues in DUI and Criminal Defense

0
0
Mental Health Issues in Criminal and DUI Defense I have often said that the majority of my cases involve substance abuse, financial pressures or relationship troubles. Many involve more than one of these issues. More and more lately, my clientele seem to be effected by significant mental health issues. I’m not a doctor but sometimes it can be easy to tell when a client has a problem and it is often very hard to deal with it. Sometimes however, it’s not so easy to tell. I was referred a client recently from a local judge. The client is facing a second DUI with a high blood alcohol and multiple traffic collisions. At the time of the incident the client was on probation from his prior DUI. Further investigation into the case revealed the likelihood of a prior DUI accident on the same day as the arrest for which the client was not arrested. The client didn’t remember most of the incident where he was arrested and vehemently denied being…

My Top Ten Thoughts On The Hobbs News Sun: #7 Any Story Regarding Chief Chris McCall

0
0
Any story that mentions Hobbs Police Chief Chris McCall and the words "leadership" in it.I find these absurd and so funny that I can't stop laughing.  Seriously?Here's the deal: You never see me writing negatively about the Lea County Sheriff's Department.No, our Sheriff's Department has individuals who are older and wiser than the Hobbs Police.Our Sheriff's Office only acts when it has to.  It's called community policing.  It's how police work should be done.  The Hobbs Police Department acts when they want to.  They over interfere with daily lives to make quotas and get awards.To put a finer point on it:  The Sheriff's office doesn't look for contact, however they will make contact to keep the community safe.  They don't agitate the public over petty crap.  You know why? Because they are veterans who understand life.On the other hand, the Hobbs police create way…

Dianna Luce's Campaign Expenditures! Non-Sensical! Amazing! Absurd!

0
0
In an election where she is running unopposed, in a Republican primary period, Dianna Luce has spent $2, 746.But her expenditures show a little bit about Luce's values, and those values are very, very interesting:According to the New Mexico Secretary of State's Website, Luce has spent the following in campaign money in an unopposed election:On October 2, 2015, Luce spent $802.28 at Sandhill Signs in Roswell for Neon Emery Boards and Lime Balloons.On September 29, 2015, Luce spent $320.00 at the Twisted Pencil in Roswell for T-Shirts.  (Has anyone seen these T-Shirts?)On September 25, 2015, Luce spent $403.13 at the Southwest Printers in Roswell for Walking Cards.On July 15, 2015, Luce spent $181.25 at Sandhill Signs in Roswell for Signs.All of the above expenditures were made prior to Luce announcing that she would run for the district attorney position, and if my memory serves me correct, prior to any petition for candidacy even being filed by…

My Top Ten Thoughts on the Hobbs News Sun: #6, Any Article on Steve Pearce

0
0
Because Steve Pearce is real friggin' deal.Period.He commands respect because he walks the walk and walked the walk.Period.I just got through reading his book while at the Lovington Library during breaks from court.I love the man.  Will never vote for anybody else in this District.Period.Read his book if you have any sense in you.  You will learn lesson after lesson.
Viewing all 71805 articles
Browse latest View live




Latest Images