I wrote yesterday about Texas’s Law of Parties, and how it is different from Texas’s Felony-Murder Rule. An observant reader emailed to ask: What about Enmund v Florida? An excellent question. In Enmund the U.S. Supreme Court reversed Mr. Enmund’s death sentence because he “d[id] not himself kill, attempt to kill, or intend that a killing take place or that lethal force w[ould] be employed.” So how is it that Wood, who according to Hedayati “had no reason to anticipate” the killing, got the death penalty? Because the jury found otherwise. The law when Wood was prosecuted, as now, was that if a person was convicted of capital murder and the State sought death, the jury had to be asked: (2) in cases in which the jury charge at the guilt or innocence stage permitted the jury to find the defendant guilty as a party under Sections 7.01 and 7.02, Penal Code, whether the defendant actually caused the death of the…
2016.028: Capital Murder and the Law of Parties in Texas
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Excessive Delay in Investigation Results in Florida DUI Case Being Thrown Out
Most DUI cases are initiated in a similar manner here in Florida. A police officer will claim to observe a driver violate some traffic law and then will pull that driver over. While the police officer will begin to check the driver's license and consider writing a traffic ticket, if the police officer believes the driver is impaired from alcohol or drugs at some point, the police officer will likely abandon the traffic ticket process and initiate a DUI investigation. This will involve asking the driver questions such as where he/she has been and whether he/she has had anything to drink. This will likely transition into a request to perform field sobriety exercises. If the driver agrees to submit to them and the police officer subjectively determines the driver failed (which is likely since the police officer, who is the sole judge of the driver's performance, already believes the driver to be impaired), then an arrest for DUI is likely. A police officer is…
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Rolnick on Incarceration of Native Youth
Addie Rolnick (University of Nevada, Las Vegas, William S. Boyd School of Law) has posted Locked Up: Fear, Racism, Prison Economics, and the Incarceration of Native Youth (40 Am. Indian Culture & Research J. 55, 2016) on SSRN. Here is...
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In wake of Hurst, Delaware Supreme Court declares state's death penalty unconstitutional
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What to Look for When Appealing a Sentence
We expect our experience with American court systems to be fair, in the same way that we expect our experience with the Chinese court system to be unfair. GnR, final song Friday night, Paradise City To that end, it is the appeal process that can transform an unfair outcome into something more reasonable. There are many ways to appeal, and there are many different things that can be appealed in a criminal case. Today, were going to take a look at how to approach a harsh sentence after a guilty verdict. Every defense attorney who has conducted a jury trial understands the risks involved. Many defendants do not understand the risks, even though we do our best to explain such. Let’s face it, nothing can truly prepare a client for a sentence that, say, will last for the rest of their life. The problem is that plea offers can be very enticing, especially to the innocent. That being said, what innocent person wants to cop a…
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S.D.N.Y.: Buying a vehicle and loaning it for a drug run is a loss of the REP; denial of knowledge of a secret compartment is a waiver of the REP
Defendant who bought a vehicle and then loaned it to another to do a drug run lacked standing in the vehicle. “Having provided the Yukon to Sandy for purposes of making the trip to New Orleans, Jorge Gomez thereby relinquished … Continue reading →
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Idaho State Police Investigating Shooting Involving Elmore County Sheriff's Deputies on Eastbound I-84 This Morning
IDAHO STATE POLICE NEWS RELEASE Teresa Baker Public Information Officer Headquarters 700 S. Stratford Dr., Meridian 83642 (208) 884-7122 Fax (208) 884-7087 For Immediate Release: 8/2/16 at 5:30 p.m. MERIDIAN - Idaho State Police detectives are investigating a shooting that occurred on eastbound I-84 Tuesday morning at approximately 10:00 a.m. involving deputies from the Elmore County Sheriff's Office. The incident began at approximately 9:00 a.m. when Elmore County dispatch received a report of a stolen pickup truck in Hammett. The suspect in the theft, identified as Matthew David Conrad, 34 of Hammett, was believed to be the neighbor of the owner of the pickup and was known to police. Conrad was spotted by deputies west of Hammett and a pursuit ensued along the rural roads near Hammett. Deputies made several unsuccessful attempts to stop the pickup using a pursuit intervention technique or "PIT" maneuver. The vehicle was eventually stopped in a field…
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DUI Charges Require a Tough Defense in New Jersey
Driving While Intoxicated is unique crime. People from all walks of life are often charged with DWI. Driving While Intoxicated is a criminal charge, but DWI is unique from other crimes. The challenges facing a person arrested for DWI are more than just criminal charges. You may be facing a Driver's License suspension, DPS surcharges, ignition interlock requirements or have a professional license at risk. Ian Goldman will navigate you through the complicated DWI laws. If you have been arrested for DWI, then you need a Monmouth County DWI/DUI and criminal defense attorney you can trust. Hire an experienced criminal attorney at www.IMGLegalGroup.com a free consultation lawyer in NJ. Put your trust in Monmouth County NJ Lawyer Ian Goldman.Ian Goldman has offices in Jackson, NJ and Red Bank NJ. For more information about Mr. Goldman visit IMG Legal Group online at www.IMGLegalGroup.comContact Jackson & Red Bank, NJ Criminal Defense Attorney today.Visit us on line at…
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One vehicle crash westbound I-84 at milepost 64
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: 8/2/2016 6:19 p.m. Please direct questions to the District Office On Tuesday, August 2, 2016, at approximately 4:02 p.m., the Idaho State Police investigated a single-vehicle, rollover crash westbound I-84 at milepost 64, east of Boise. Randall Bowman, 59, of Mountain Home, was driving westbound on I-84 at milepost 64 in a 2006 Ford pickup pulling a utility trailer. The vehicle went off the left shoulder of the road, rolled several times, and came to rest in the median. Bowman was transported to St. Alphonsus Regional Medical Center in Boise by ground ambulance. Bowman was wearing a seatbelt. Both the eastbound and westbound left lanes were blocked for approximately…
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SEX AND PROSECUTORS AND MARCIA DEL REY
Fresh on the heels of learning that judicial candidate Marcia Del Rey owns, through her family "sex themed hotels" where there is sex, prostitution and perhaps human trafficking, comes news that Del Rey has been falsely telling people that she was an Assistant State Attorney when in fact she was an intern in the DV division for a month, whereupon she resigned- AFTER BEING FIRED FOR NOT SHOWING UP- one month after starting. The Herald and Ovalle have the disgusting facts here.And her resignation was classic:“Had I been informed by the state of the fact that being an assistant state attorney required working every evening until 11 p.m. and every weekend, all day long Saturday and Sunday, I would not have committed to the position,” she wroteAhh, the truth will always out. Poorecito. No wonder she wants to be a judge. Prosecutors' hours are not for her. But two hour lunches and afternoons off with benes and a retirement package sounds just…
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"Delaware Supreme Court Rules State’s Death Penalty Unconstitutional"
From The New York Times: In a 148-page opinion, the court held that Delaware’s death penalty law gave judges, rather than juries, too great a role in imposing death sentences, violating constitutional requirements that the United States Supreme Court laid...
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Strict DUI Laws in Rio de Janeiro
Many people from around the United States are traveling to Brazil to cheer on Team USA in the Olympics which starts in 3 days. To many just attending an olympic games is a bucket list item which can be exhilarating and something that won’t be forgotten. Anytime an individual leaves the United States it is important to understand the laws of the foreign country they are traveling to. The last thing you want is to find yourself, a family member or friend in serious trouble on foreign soil. Many people who are traveling to Rio de Janeiro for the Olympics will surely be partaking in consuming alcoholic beverages while enjoying the pageantry, competition and breathtaking views of Brazil. For those people who are thinking of driving, be very careful. Brazil has one of the strictest DUI laws in the world. In the United States, the legal blood alcohol concentration (BAC) is a 0.08%. In fact many people I represent tell me “they only had a beer…
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"No, the police can’t pull over drivers to give them gifts"
Orin Kerr has this post at The Volokh Conspiracy, including a link to a video of such a stop: I don’t doubt that these programs are well-intentioned, and I commend the police for their instincts to help. It’s especially great...
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Fatal Injury Crash at 900 S 1900 E in Hazelton
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: 8/2/2016 at 8:52 p.m. Please direct questions to the District Office On August 2, 2016, at approximately 4:45 p.m., Idaho State Police investigated a two-vehicle, fatality crash at 900 S 1900 E, in Hazelton. Norman J. Nelson, 81, of Kimberly, was driving westbound on 900 S, in a 2003 Acura. Ruben R. Larson, 60, of Murtaugh, was driving southbound on 1900 E, in a 1995 Kenworth, pulling a 1980 trailer. Nelson stopped at a stop sign at the intersection of 900 S and 1900 E, then proceeded into the intersection, driving in front of Larson, who did not have a stop sign. The Kenworth struck the Acura in the passenger side. Nelson and Larson were both wearing seatbelts. …
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Child Yells Profanity Re: Hillary at Trump Rally
A 10 year old attending a Trump rally with his mother, Pam Kohler, of Mount Vernon, VA, stood up twice and yelled out "Take the b*tch down" when Trump mentioned Hillary Clinton's name. His mother identified herself to reporters as and... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Obama Commutes 214 More Sentences
President Obama today commuted 214 more federal sentences, bringing his total to 564, more than the previous 9 presidents combined. 67 of today's commutations went to those serving life sentences with no chance of release. To date, he has... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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What Is Civil Disobedience?
Can workers planning a peaceful demonstration find themselves forced instead into an act of civil disobedience? In cases where legislators, officials or local laws prohibit a group from openly exercising its right to freedom of speech, the answer is often “yes.” Just ask the hundreds of members of Nevada’s local private-sector Culinary Workers Union who were forced to take their grievances to the streets of Las Vegas in February 2016. What is civil disobedience, and what how does it differ from more laid-back methods of demonstration? The Concept of Civil Disobedience To fit the definition of civil disobedience, an action must conform to a certain set of standards in which four elements are present overall. The civilly disobedient activity will: Be against the rules. The participants in this sort of activity will either deliberately disobey a law or refuse to comply with one. No legal activity, regardless of its intention, intensity or number of participants,…
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Wednesday Open Thread
Here's a new open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Pondering potent prison cuts thanks to oil revenue decline
The Texas Tribune quoted your correspondent in a story today titled, "Prison system ponders $250 million in budget cuts." Decent article, but he failed to mention another category of prison units which may be considered for closure: Those in rural areas where staffing rates remain too low to safely operate the prison - e.g., the Connally unit, which also has significant water problems, or the unit up in Dalhart which has never been able to remain adequately staffed.Thanks to the increase in property theft thresholds to adjust for inflation last year, prison populations are already down enough to close one unit. There are identifiable policy changes that could let them close several more with little if any impact on public safety. See prior, related Grits posts:TDCJ must reduce incarceration levels to cut $250 millionWhich prisons, state jails might Texas close next? Which prisons should Texas close next, Part II
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Back to the Future
To follow up on Michael's post about the departure of NYC Police Commissioner Bill Bratton, it's useful to remember, in the struggle against crime, where we came from -- because with the current retreat from policies that work, we're headed right back there.From the jacket of The Rise and Fall of Violent Crime in America by Prof. Barry Latzer:A compelling case can be made that violent crime, especially in the period after the late 1960s, was one of the most significant domestic issues in the United States, and perhaps in the nations of the West generally. Aside from the movement for black civil rights, it is hard to think of a phenomenon that had as profound effect on American life in the last third of the 20th century. After 1965, crime rose to such levels that it frightened virtually all Americans and prompted significant alterations in everyday behaviors and even in lifestyles. The risk of being "mugged" became an issue when Americans…
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