Janet Moore (University of Cincinnati College of Law) has posted The Antidemocratic Sixth Amendment (Washington Law Review, Forthcoming) on SSRN. Here is the abstract: Criminal procedure experts often claim that poor people have no Sixth Amendment right to choose their...
Moore on The Antidemocratic Sixth Amendment
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David Ralston, a Florida International University Professor, Arrested for Sexually Assaulting a Housekeeper
David Ralston, a Florida International University (FIU) professor from Weston, Florida was arrested on Thursday for allegedly sexually assaulting a semi-conscious housekeeper. Investigators claim that the entire incident was captured on Ralston’s home security cameras. Ralston, 69, was booked into Broward Main Jail and faces charges for sexual assault on a helpless victim. News sources did not specify if bond has been set for Ralston, or whether he has acquired the services of a defense attorney. According to the arrest report, Ralston hired the housekeeper—whose identity has not been disclosed—to clean his Fort Myers home back in April using Craigslist. The housekeeper told investigators that Ralston purportedly offered her a drink which made her feel disoriented and fall unconscious around 30 minutes later. The report states that she was allegedly semi-conscious when Ralston was raping her. The housekeeper reported the rape to authorities and on May 1,…
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Steel on Criminal Law and Doctrine
Alex Steel (University of New South Wales (UNSW) - Faculty of Law) has posted Shaking the Foundations: Criminal Law as a Means of Critiquing Assumptions of the Centrality of Doctrine in Law (Livings and Gledhill (ed) The Teaching of Criminal...
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Arming the Government
The Wall Street Journal ran an article today (http://www.wsj.com/articles/why-does-the-irs-need-guns-1466117176) that the number of “non-Defense Department federal officers authorized to make arrests and carry firearms (200,000) now exceeds the number of U.S. Marines (182,000).” And then asks the question: “What exactly is the Obama administration up to?” I would argue it is not just the Obama administration – go back to Reagan on forward. The number of federal officers with arrest-and-firearm authority numbers over 200,000 today. According to the article, from 2005 through 2014, the USEPA spent $3,100,000.00 on guns, ammunition and military-style equipment. And since 2005, the USEPA has put nearly $800,000,000.00 into the CID. You would think with an investment like that, the USEPA CID would have produced more results. It does raise civil liberties concerns about the militarization of federal, state and local…
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Court Rules California Concealed Weapons Laws Include Backpacks
It is against the law to carry a loaded firearm on your person or in your vehicle while in public under California Penal Code Section 25850.1 But what exactly does “on your person” mean? The definition of “on your person” was questioned in a recent Supreme Court case involving a man who was carrying a loaded firearm in his backpack. Is it illegal to carry a weapon in your backpack? How does a backpack factor into concealed carry laws? California Gun Laws and Backpacks Continue reading →
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"Old New York Police Surveillance Is Found, Forcing Big Brother Out of Hiding"
From The New York Times: From the mid-1950s to the early 1970s, police surveillance of political organizations in New York was extensive enough to require more than half a million index cards, simply to catalog and cross-reference the many dossiers....
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Paying Back the Money in Government Benefits Fraud Cases Can Lead to Your Arrest in Florida
As criminal defense lawyers in Jacksonville, Florida, we handle a wide variety of fraud and theft cases in state and federal courts. A common criminal case we see is one where a person receives government benefits, such as unemployment benefits, without proper authorization. For instance, a person might misstate certain facts in the benefits application that allows him/her to receive the benefits when he/she really is not eligible under the law to receive them. Other times, a person may be entitled to receive the government benefits initially, but due to changed circumstances, such as a new job or a marriage that brings a second income into the household, the person is no longer eligible to receive the benefits but fails to disclose the new information to the government and keeps getting the benefits despite no longer being eligible. In these cases, it is common for someone in the government benefits office to contact the recipient and alert him/her that there is a problem.…
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Could dosage impact breast enlargement side effects of Risperdal?
Risperidone, commonly known as Risperdal, is an antipsychotic drug which can be prescribed by your doctor. It is a strong drug that affects the chemicals in your brain. There are possible side effects of taking this medication (like enlarged breast tissue, known as gynecomastia). Taking a higher dosage than your doctor prescribed can increase the chances of you having a reaction or side effects to Risperidone. What is Risperidone used for? Continue reading
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“CAN I BE ARRESTED FOR NOT BEING AN INFORMANT IF I BELIEVE MY HUSBAND EITHER HAS OR IS ABOUT TO COMMIT A CRIME.”
You have undoubtedly heard about the horrifyingly tragic and monstrous mass murder which took place at Pulse in Orlando, Florida. Omar Mateen, now deceased, committed the deed, leaving behind 49 people dead and 53 injured. There seems to be no doubt as to either the despicable act or the identity of the shooter. Mr. Mateen, however is dead and so beyond the government’s ability to punish him further. And so eyes turn to his wife, 30-year-old Noor Zahi Salmon. She is of Palestinian dissent, but grew up in California. The couple have a three-year-old child. Boston Herald says that authorities believe Mateen’s wife knew about the plot ahead of time, said an official who was briefed on the progress of the case but insisted on anonymity to discuss a continuing investigation. The official said investigators are reluctant to charge her only on the basis of possible advance knowledge of her husband’s plans. By way of update, today’s radio news tells me…
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Legislators Push to Abolish Texas Program for Driving Offender Surcharges
If you are convicted of a DWI in Texas you will face a massive financial headache. Recently TxDOT said on a billboard you will likely end up paying as much as $17,000 for the offense. Some of the costs you will face are controversial, in particular the program that requires drivers who have been convicted of certain traffic offenses to pay annual ... Read More The post Legislators Push to Abolish Texas Program for Driving Offender Surcharges appeared first on .
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Can a Security Guard Arrest You?
It is a frequent theme in movies and television shows. A person slides a shirt or item into their bag and then casually tries to walk out of a store. Moments later a security guard springs across a table and tackles the person and places them in handcuffs. While the movies and television often make […]
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Will Age Restrictions Curb Alive at Five Arrests in Stamford Connecticut?
For homegrown Stamford Connecticut residents like myself, we were thrilled with the Alive at Five concert series that started about a decade ago and brought people to Stamford downtown to see their favorite 90s band. A few bumps in the road notwithstanding, it has been a smashing success. (Especially if you like the Beach Boys who seem to keep finding their way back to Stamford…). But in recent years, teenagers have spoiled the party, over-indulging in alcohol, marijuana and picking a fight here or there. As a result, the City of Stamford huddled up and decided to raise the age of entrance to 21. But will the new age restrictions really cut down arrests? And won’t we still need a drunk tank for twenty-somethings (and their elders) who have had too much to drink? It’s unclear, but what we can help with is protecting yourself from a Stamford Alive at Five arrest and trying to get your court case dismissed as quickly as possible. Disorderly Conduct &…
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News Scan
Parolee Attempts to Kill CA Civil Sergeant: A man accused of attempting to kill a Yuba County sheriff's civil sergeant last week is a parolee who remained free despite several violations and disciplinary issues, and also had a history of assaulting police officers. Monica Vaughan of the Appeal-Democrat reports that Joseph Hazen, 38, assaulted the sergeant unprovoked on June 6 while the sergeant was serving civil papers in a multi-unit home. Hazen, who was not the subject of the papers, stuck the sergeant with a metal pipe, knocking him out and inflicting a severe head laceration. Hazen has only been in California for a year, first coming to Yuba County in June 2015 after the state agreed to have him transferred from Wisconsin so he could live with his mother while on parole. Two months after arriving, parole officers recommended Hazen's parole be revoked after numerous violations. When Wisconsin refused to take him back, he was…
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Cherokee, NC Considers Marijuana Legalization After Hazy Federal Guidance
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” Tribal territory in Cherokee, North Carolina is closer than any other area in North Carolina to legalizing marijuana for its citizens. A group called Common Sense Cannabis (CSC) is conducting a survey, to be presented to the tribal leadership, asking the reservation’s residents what they think of medical marijuana. Continue reading →
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The Supreme Court Resets How False Claims Act Liability Should Be Determined for False Certification Claims: Universal Health Services Inc. v. United States ex rel. Escobar
Dear Readers:Yesterday the Supreme Court issued its long-awaited opinion in the False Claims Act case, Universal Health Services, Inc., v. United States ex rel. Julio Escobar and Carmen Correa, 579 U.S. __ (2016), often referred to as the "Escobar case." The Court's unanimous opinion resets how False Claims Act ("FCA") liability is determined for legally false claims, i.e., those claims based on false certifications, express or implied, made by a provider or contractor in conjunction with submitting claims for payment to the Government. Essentially, Escobar seeks to anchor the FCA's prohibition against "false or fraudulent" claims in the common law definition of fraud. Common law fraud encompasses either affirmative misrepresentations or misleading omissions. For fraud to occur, however, the Court stressed that misrepresentations or omissions relating to a statutory, regulatory, or contractual requirement must be material to the…
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"Making the case that Congress should, at the very least, make the Fair Sentencing Act fully retroactive"
Doug Berman at Sentencing Law & Policy links to and excerpts this commentary from The Huffington Post. In part: For 4,900 people serving sentences Congress itself deemed unfair, members of the Senate and House need not wait a day longer....
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SEC Highlights Model Response to Evidence of FCPA Violations, Announces Non-Prosecution Agreements
On June 7, the Securities and Exchange Commission (SEC) announced two non-prosecution agreements (NPAs) following a pair of investigations into alleged violations of the Foreign Corrupt Practices Act (FCPA). Both companies were ensnared by the FCPA through the conduct of their foreign subsidiaries. The way the companies responded to the apparent violations provides a potential roadmap for a company that uncovers wrongdoing within the firm. The Alleged Misconduct Akamai Technologies, a global internet services company based in Massachusetts, owned a subsidiary that operated in China. A sales manager at the subsidiary bribed employees at state-owned Chinese companies to purchase up to 100-times more network capacity than the companies actually needed. Additionally, employees at the subsidiary routinely provided improper gifts to Chinese government officials in order to obtain or retain their business. The second company, Nortek, Inc., also owned a…
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PREGNANT WOMAN DRIVING WITH A .32% BAC MAY BE CHARGED WITH MURDER
Last month 23-year-old Clovis, California resident, Candice Ooley, eight months pregnant and driving with a blood alcohol level four times the legal limit (0.32%), caused an accident that ended in the death of a passenger in the vehicle she hit and serious injuries to other occupants of the vehicle. Ms. Ooley, whose license to drive was already suspended due to her previous DUI arrest only six months before this fatal incident, was said to be driving at high speeds and possibly passed out while behind the wheel causing the wreck. She has been charged with felony driving under the influence with a blood alcohol content of over .15% and vehicular manslaughter with great bodily injury. The district attorney has announced that he intends to add second-degree murder charges but Ms. Ooley’s attorney plans to defend that potential charge on the basis that Ms. Ooley never received a “Watson warning” nor had she been convicted on the previous DUI charges at the time of…
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UF Professor Arrested on Stalking Charge
A University of Florida professor has been arrested on a cyberstalking charge, according to a police report. The 45-year-old professor in the College of Pharmacy is accused of stalking a woman who used to work for him, according to the University of Florida Police report. The woman told UPD’s victim’s advocate office on Tuesday that the man had been communicating with her through email and text messages after she told him to stop, the report said. She told investigators that the professor’s actions caused her to quit her job. The man allegedly continued to try to contact her, which she claims caused her distress and resulted in her having her mother accompany her to various locations. The woman also claims the man once followed her to her car and made contact with her father, believing that the woman was in the car. The man is accused of resisting being handcuffed at the time of his arrest, the report said. The man, who was hired in 2014, has been placed…
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Binder on Application of Criminal Law to Disasters
Denis Binder (Chapman University, The Dale E. Fowler School of Law) has posted The Application of Criminal Law to Disasters and Tragedies in Asia and the Pacific Islands on SSRN. Here is the abstract: The New Millennium has witnessed a...
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