The General Assembly amended G.S. 14-208.18, the law that makes it a Class H felony for certain registered sex offenders to go certain places. The changes are a response to Doe v. Cooper, a federal case in which the trial judge enjoined every district attorney in the state from enforcing the parts of the law he found to be unconstitutional. Today’s post takes a look at the revised law. As a reminder, the prior version of G.S. 14-208.18 set out three types of places that certain registered sex offenders may not go. Those types of places were described in three statutory subdivisions, (a)(1), (a)(2), and (a)(3), which said that covered offenders could not knowingly be: (a)(1) On the premises of any place intended primarily for the use, care, or supervision of minors, including, but not limited to, schools, children’s museums, child care centers, nurseries, and playgrounds. (a)(2) Within 300 feet of any location intended primarily for the use, care, or supervision of…
Sex Offender Premises Restrictions Revised in Response to Doe v. Cooper
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US Sentencing Commission releases big new report urging reform of career offender enhancements
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News Scan
Triple Murderer could face Death Penalty: A Washington state man accused of shooting four people, three of them fatally, earlier this month could face the death penalty, prosecutors announced Wednesday. Jessica Prokop of the Columbian reports that Brent Ward Luyster, 35, who has several white supremacist tattoos and a criminal background, faces three counts of aggravated first-degree murder with the use of a firearm and first- and second-degree unlawful possession of a firearm for the July 15 murders of two men and one woman. Another woman was shot in the side of the face but survived. Luyster's girlfriend, Andrea Sibley, 27, is charged with first-degree rendering criminal assistance for being present at the time of the shooting, driving Luyster away from the scene and helping him flee the area. The motive for the crime has not yet been disclosed. In Washington state, where Gov. Jay Inslee suspended capital punishment in 2014,…
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Can anybody point me to great databases or empirical analyses of misdemeanor marijuana convictions (state or federal)?
The question in the title of this post started banging around my head this afternoon after I did two posts today over at my Sentencing Law & Policy blog: this one about a notable federal misdemeanor marijuana prosecution of a Native American teen in Oregon and this one about an...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/wZz-kWzIiVM" height="1" width="1" alt=""/>
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NCDD Summer Session hits it out of the park
The National College for DUI Defense (www.ncdd.com) just completed its annual summer session held in Cambridge Massachusetts. The session featured large lectures, small lectures, breakouts, and small elective seminars. Topics covered included Cross-Examination of the Arresting Officer by Marj Russell of the Gerry Spence Trial Lawyer’s College; Cross-Examination break out; Handling the High Profile case by Tony Coleman; immigration law by Brad Williams; postconviction, writs of error coram nobis by Professor Byron Warnken of the University of Baltimore Law School; plea negotiations and ethics by Assistant Professor Rishi Batra from the Texas Tech. School of Law. We had small elective seminars (discussion groups) that were a new feature of the summer session and were very well received with the following topics: Win at the Initial Appearance, taught by Andrew Mishlove and Pat Maher; Suppression Motions: Winning it All Before Trial,…
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US v. Wanland, No. 14-10170 (7-27-16)(Owens with Wallace and Schroeder). This was a tax evasion case, with the defendant a civil lawyer who didn't pay taxes. The 9th affirmed the convictions, rejecting the argument that partnership levies were not wages or salaries" and could not be garnished.The decision is here:https://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/27/14-10170.pdf
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*UPDATE* Crash on SH-16 Blocking Traffic
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: 07/28/16 03:05 p.m. Please direct questions to the District Office *****UPDATE***** All lanes of travel are now open. More information will be released as it becomes available. NG/SC *****END OF UPDATE***** The Idaho State Police is currently investigating a crash on SH-16 at mile marker 110, near Emmett. The highway is blocked at this time. More information will be released as it becomes available. NG /SC -------------
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"California Votes 2016: An Analysis of the Competing Death Penalty Ballot Initiatives."
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INDULTO A LA SEÑORA: SILVANA BUSCAGLIA
No puedo estar en desacuerdo con el indulto a la señora Buscaglia, sin embargo, la redacción de la Resolución que lo contiene, no parece la adecuada. A continuación el texto íntegro de la misma en la que he resaltado con negritas la frase que en mi concepto no es correcta, veamos la Resolución y luego expondré mis razones: Conceden indulto común a interna de establecimiento penitenciario RESOLUCIÓN SUPREMA Nº 108-2016-JUS Lima, 27 de julio de 2016 VISTA, la solicitud de indulto común, presentada por BUSCAGLIA ZAPLER, SILVANA, interna del Establecimiento Penitenciario Virgen de Fátima, con recomendación favorable de la Comisión de Gracias Presidenciales; CONSIDERANDO: Que, los incisos 8 y 21 del artículo 118 de la Constitución Política del Perú señalan que corresponde al Presidente de la República dictar resoluciones, conceder…
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Simoiu on Testing for Racial Discrimination in Vehicle Searches
Camelia Simoiu, Sam Corbett-Davies and Sharad Goel (Stanford University, Stanford University and Stanford University) have posted Testing for Racial Discrimination in Police Searches of Motor Vehicles on SSRN. Here is the abstract: In the course of conducting traffic stops, officers...
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Does California Need a Law Prohibiting Drones Near Wildfires?
Ars Technica reports:Firefighters working to contain a wildfire in the San Gabriel Mountains of Southern California were temporarily thwarted this weekend when pilots for the Monrovia Fire Department (MFD) spotted a few private drones in their path. For low-flying fire-fighting planes carrying fire retardant and smoke jumpers, an errant drone could mean life or death for the pilot and any crew. As such, the fire department decided to temporarily ground all aircraft on Saturday morning.ABC News has further coverage on drone interference with efforts to combat wildfires in California.Additionally, Ars Technica reports on the first arrest in California for flying a drone too close to a wilfire:Law enforcement officers working for the California Department of Forestry and Fire Protection (Cal Fire) arrested Eric Wamser (PDF), a 57-year-old Placer County man, last Friday [July 19, 2016] for flying his drone too close to a wildfire burning north of Sacramento,…
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*FINAL UPDATE* Crash on SH-16 Blocking Traffic
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: 07/28/16 05:00 p.m. Please direct questions to the District Office *****FINAL UPDATE***** On Thursday, July 28,2016, at approximately 12:30 p.m., Idaho State Police investigated a two-vehicle fatality crash on SH-16 at mile marker 110, near Emmett. Lonnie Sellars, 59, of Emmett, was driving northbound on SH-16 in a Subaru station wagon. Sellars vehicle crossed the center line and collided head-on with a Dodge Ram 1500 pickup, driven by Katelyn Womack, 21, of Emmett. Upon impact, Womack's vehicle went off the right shoulder of the southbound lane, coming to rest on its top. Sellars' vehicle came to rest in the middle of the road. Womack was transported via ground…
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Where We Got Marilyn Mosby and the Amerika Stinks Crowd
From an essay in the current Claremont Review of Books by John Marini:[Today's] intellectuals have pronounced their historical judgment on America's past, finding it to be morally indefensible. Every great human achievement of the past--whether in philosophy, religion, literature, or the humanities--came to be understood as a kind of exploitation of the powerless. Rather than allowing the past to be viewed in terms of its aspirations and accomplishments, it has been judged by its failures. The living part of the past is understood in terms slavery, racism, and identity politics. Political correctness arose as the practical and necessary means of enforcing this historical judgment. No public defense of past greatness could be allowed to live in the present. Public morality and public policy would come to be understood in terms of the formerly oppressed.The entire essay (not short) is here.I bring this up because, ultimately, the problem we are having with fidelity to…
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Currie on Electronic Devices at the Border in Canada
Robert J. Currie (Dalhousie University - Schulich School of Law) has posted Electronic Devices at the Border: The Next Frontier of Canadian Search and Seizure Law? on SSRN. Here is the abstract: Over the last several years the Supreme Court...
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Thursday Night Open Thread: Non-Election Edition
Windows 10 free upgrades end tomorrow. I've been dreading installing it on my office computer, because like everything these days, text is an afterthought to graphic icons and video. I have been using Windows 10 on my laptops for 6 months and I... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Thursday Night DNC: I'm With Her
Update: The theme: We are Stronger together. Hillary did what she needed to do. She was Presidential, confident, experienced, committed, and determined. It's so easy to picture her as Commander in Chief. Her ending: The world is watching.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Study Reveals Nearly a Quarter of Women Claim to be Sexually Assaulted in College
According to federal campus safety data, in 2014 the colleges and universities with the highest number of rapes on campus were the University of Connecticut and Brown University, a private Ivy League university in Providence, RI. However, sexual assault among college students (whether on or off campus) is a growing problem around the nation. A survey involving 150,000+ students at 27 universities conducted by the Association of American Universities revealed some very disturbing numbers. What’s not surprising is that in many cases, unwanted sexual contact or even rape occurs when students are under the influence of drugs or alcohol – in other words, incapacitated. The survey found that 23% of female college students who participated said they had been the victims of unwanted sexual contact, whether it be kissing or touching, or even rape. Almost 11% claimed they were forced into unwanted oral sex or penetration. Continue reading
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"6 More State Workers Charged in Flint Water Crisis"
From The New York Times: The officials charged include Liane Shekter Smith, who led the state environmental agency’s Drinking Water and Municipal Assistance unit until she was fired in February. Prosecutors told Judge Nathaniel C. Perry III of Genesee County...
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First Ohio OVI Offense Is Reduced For Man In Franklin County
Recently, a 30-year-old construction worker was stopped by the police in Franklin County, who determined that he was above the legal limit to drive; therefore, the officers charged the man with his first Ohio OVI offense. Since his profession largely required driving between job sites, he was understandably nervous about the negative consequences an OVI [...]The post First Ohio OVI Offense Is Reduced For Man In Franklin County appeared first on Columbus Criminal Attorney.
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When Does Possession of Marijuana Become Intent to Sell?
Conviction of possession of marijuana or intent to sell charges lead to serious punishment in Arizona. Under state law, “marijuana” refers to any or all parts of the cannabis plant from which the resin has not been extracted. The plant may be growing, dead, or just in the form of unsterilized seeds capable of germination. Police and prosecutors work closely together to ensure as many convictions as possible are delivered on cases of possession or sale of these plants, with felony convictions resulting in jail time, prison, expensive fines and other penalties.When Marijuana Possession Becomes Intent to SellArizona Revised Statute, ARS 13-3405 states, “A person shall not knowingly possess or use marijuana” or “possess marijuana for sale.” But what makes possession of marijuana “intent to sell?” The statute defines possession of marijuana for sale as meeting three standards beyond a reasonable doubt:You knowingly possessed…
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