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Manson Follower Denied Parole:  California Gov. Jerry Brown denied parole last week for a former Charles Manson follower convicted in the murder of two grocers nearly five decades ago.  The LA Daily News reports that Leslie Van Houten, 66, was recommended for parole in April by a state parole board, but Brown rejected it on Friday, writing in his decision that "she currently poses an unreasonable danger to society if released from prison."  Charles Manson and several of his followers have repeatedly been denied parole over the years, Van Houten included, this latest denial being her 20th.  Van Houten was convicted of murder and conspiracy in the 1969 stabbing deaths of Leno La Bianca, 44, and his wife Rosemary, 38, with two fellow Manson family members.  She was initially sentenced to death but was re-sentenced to life in prison without parole after the U.S. Supreme Court ruled the death penalty unconstitutional in 1972.Pending Illegal…

N.D.Cal.: Listening devices in a public place overcame any reasonable expectation of privacy; 1984 was not just a book — it’s here

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The FBI planted recording devices outside two courthouses in Northern California to catch conversations on the street between their targets. The devices were planted in a light fixture, a bus stop, and on a parked vehicle. The court finds no … Continue reading →

Fusion: Police asked this 3D printing lab to recreate a dead man’s fingers to unlock his phone

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Fusion: Police asked this 3D printing lab to recreate a dead man’s fingers to unlock his phone by Rose Eveleth: So instead of asking the company that made the phone to grant them access, they’re going another route: having the … Continue reading →

van der Wilt on Transnational and Internatiional Organised Crime

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Harmen G. van der Wilt (University of Amsterdam - Faculty of Law) has posted Expanding Criminal Responsibility in Challenging Transnational and International Organised Crime (Groningen Journal of International Law, Vol. 4, No. I, 2016) on SSRN. Here is the abstract:...

OC Man Gets 7 Years for DUI with Injury

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In April of 2015, Leonardo Morales was driving his Chevy Tahoe and exiting the 55 freeway in Costa Mesa when he collided into a tree on the off-ramp. According to California Highway Patrol, two officers patrolling the area spotted the flames that erupted immediately following the collision. The officers who spotted the flames called in to dispatch for other officers to respond. Responding officers Daryl Hansend and Timothy Montoya found Morales on the floor, 22-year-old Kathy De Rosa in the front passenger seat, and a 2-year-old “running around and crying and pointing at the car,” said CHP Officer Florentino Olivera. As the officers were attempting to extract De Rosa, they heard the cries of a baby on the floorboard of the rear driver’s side seat. The children, whose parents were Morales and De Rosa, were taken to Children’s Hospital Orange County. Morales and De Rosa were taken to Western Medical Center in Santa Ana. Morales was later determined to…

"Space to Destroy" Mayor Opens Democratic National Convention

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Wow.  You can't make this stuff up.The DNC chair got the ax when hacked emails definitively proved what just about everyone paying attention pretty much knew -- that she was using the party apparatus to favor one primary candidate over the other.  We didn't think it warranted mention on this blog.But who is the substitute convention opener?  It is none other than the notorious Baltimore Mayor Stephanie Rawlings-Blake, the one who said as her city was burning:It's a very delicate balancing act because while we try to make sure that they were protected from the cars and the other things that were going on, we also gave those who wished to destroy space to do that as well, and we work very hard to keep that balance and to put ourselves in the best position to de-escalate.She quickly blamed others for supposedly mischaracterizing her words, saying she did not mean what she plainly said.One foolish statement would not have been so bad if she had…

Stevenson on Pretrial Detention and Case Outcomes

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Megan Stevenson has posted Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes on SSRN. Here is the abstract: Instrumenting for detention status with the bail-setting propensities of rotating magistrates I find that pretrial detention leads to...

//blawgsearch75.rssing.com/chan-6519914/article19048-live.html

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Ayala v. Chappell, No. 13-99005 (7-2-16)(Christen with Kozinski and Bybee). The 9th affirms the denial of a capital habeas petition.  The main IAC focus was on the decision not to abandon a trial strategy (no gang involvement) in light of changing testimony (recanting of an exoneration).  The 9th held that it was not IAC to stick with the trial strategy, and that a pivot away from no gang involvement in a triple homicide in the course of trial could be considered a strategic and tactical decision that was reasonable. The 9th also found the state courts' rejection of witness intimidation claims and Brady disclosure to be reasonable.The decision is here:https://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/20/13-99005.pdf

Ater et al. on Right to Counsel and Crime Rates

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Itai Ater, Yehonatan Givati and Oren Rigbi (Tel Aviv University - The Leon Recanati Graduate School of Business Administration, Hebrew University of Jerusalem - Faculty of Law and Ben-Gurion University of the Negev) have posted The Economics of Rights: Does...

Grosso et al. on Conversation Analysis of Voir Dire

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Catherine M. Grosso, Barbara O'Brien, Abijah Taylor and Richard E. Lucas (Michigan State University College of Law, Michigan State University - College of Law, Michigan State University - College of Law and Michigan State University) have posted Examining Jurors: Using...

Effective coverage of RNC and DNC marijuana reform realities

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Last month in this post, I highlighted that, at Marijuana.com, Tom Angell does a great job covering news on the marijuana reform law and politics front. The latest posts from this past week highlight why serious marijuana reform students should be regularly following his work: How Trump and Pence Differ...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/fBKtQYg_OQc" height="1" width="1" alt=""/>

Two Events, Juxtaposed

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Today was revealing about the place of policing in this country.As Kent noted, it saw the naming of Mayor Stephanie Rawlings-Blake as the first featured office holder to speak at the Democratic National Convention.  Ms. Rawlings-Blake has presided over three quite notable episodes during her tenure: the Freddie Gray riots, in which she directed the police to stand down; an ensuing huge increase in the number of murders in her city; and what at this point must be considered a largely concocted case against six police officers, not one of whom has been convicted of anything.As this was going on, Baton Rouge buried Montrell Jackson, the last of three policemen to be gunned down in a staged attack eight days ago. To my knowledge, neither Ms. Rawlings-Blake nor any other Convention speaker mentioned Jackson, his murder, or his funeral.

Increases in murders reported in many major cities from police chiefs

WHAT EVERY JUDGE & ATTORNEY NEEDS TO KNOW ABOUT HANDLING EVIDENCE DURING TRIAL – 10 BASIC RULES

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BUT FIRST A NOTE ABOUT THE “JUDICIAL RESOURCE LIBRARY”: If you are getting this blog post via email please note that clicking on the above title (should be blue in the email) will take you to the blog website containing all past training updates and the “Judicial Resource Library”. The Judicial Resource Library is designed to be a simple one-click research site for judges and attorneys with hyperlinks to numerous legal research and reference sites, including but not limited to: State and Federal Legal Search Engines; Minnesota State Statutes; Rules of Criminal, Civil, Family & Juvenile Procedure; Rules of Evidence; General Rules of Practice (including all 10 titles); Minnesota Sentencing Guidelines; Attorney and Judicial Rules of Ethics; Payable List for Misdemeanor Offenses; The full text of the Minnesota and US Constitution; And, of course, all past Judicial Training Updates; Click on “Judicial Resource Library” to see if…

Monday Night at the DNC

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Update: Michelle Obama looks terrific, that blue is a great color for her and her dress really showcases her super-toned arms. "I trust Hillary to lead this country because I've seen her devotion to children, not just her own, who she has... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Bernie Sanders Speaks: "No One is More Disappointed Than I Am"

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Bernie comes through at the end: "Hillary Clinton will make an outstanding President and I am proud to stand with her tonight. Thank you very much." **** Original Post Entering to Simon and Garfunkle's "America," Bernie... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Tuesday Afternoon Open thread

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Open Thread. Bill Clinton tonight in the 10 o'clock hour. Also Meryl Streep and Alicia Keys. At 8 Mothers of the Movement. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Skopek on Reasonable Expectations of Anonymity

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Jeffrey M. Skopek (University of Cambridge - Faculty of Law) has posted Reasonable Expectations of Anonymity (Virginia Law Review, Vol. 101, pp. 691-762, 2015) on SSRN. Here is the abstract: The Supreme Court has concluded that the Fourth Amendment's protections...

Vehicle Seizures Generate Revenue for Law Enforcement and Governments

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Under Illinois law, the state’s attorney may petition on behalf of a local law enforcement agency, for the seizure of an automotive vehicle when it is used in the commission of any serious felony crime. Whether the petition is granted is solely in the judge’s discretion. In addition to drug crimes, cars may be seized for DUI, driving on a revoked license based on DUI, gambling and stalking. Of the 126 vehicles seized by the Naperville Police Department between 2012 and 2015, only 26 were involved in drug crimes. Seized vehicles are typically sold at auction but may be used in undercover operations or training. Auction proceeds go to the police department responsible for the arrest as well as the municipality or county where the arrest occurred. Naperville made almost $170,000 off of the cars seized between 2012 and 2015, with almost $17,000 going to the police department. Last year alone, DuPage County seized 405 vehicles. So far this year, DuPage has seized 189…

District Court explains reasons for disallowing penile plethysmograph and visual response testing for child pornography offender

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