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BOSTON POLICE DEPARTMENT CONTINUES THE PUBLICLY FUNDED FIGHT TO AVOID SCRUTINY

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Ok, I know that when I left off in my last blog, I indicated that I was going to return to the topic of a particular mismanaged blight on the Massachusetts landscape that is being slipped a pass by our governor…but that will have to wait until next week. Despite how it may seem, I have great respect for police officers. I do, however, recognize that some of them do bad things. To me, if you are hired to be a hero five days a week, it does not entitle you to act like a criminal on the other two. I also have to recognize lunacy when I see it. And, dear readers, I have to admit that this seems like lunacy. The Boston Herald  tells us that the Boston Police Patrolmen’s Association is now seeking an injunction to prevent the department from ordering police officers to wear body cameras as part of the pilot program slated to begin next week. The association, which represents 1,500 BPD officers, filed paperwork in Suffolk Superior Court this week to seek…

Hartland Resort Park Ranger Pleads No Contest to 2009 Sexual Assault of Teen, Sentenced to Four Months in Jail

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In late July, 36-year-old Christopher Craig Bennett pleaded no contest to seduction in the alleged sexual assault of a 16-year-old girl at Waldenwoods resort in Hartland in 2009. Bennett was a park ranger at the resort at the time, although it is unclear as to whether he is still employed. Bennett was initially charged with two counts of third-degree criminal sexual conduct, which prosecutors dismissed in exchange for his no contest plea. The alleged victim was camping with her family at the time, who had been members of the resort for many years according to her father. He said the family had always respected the park rangers, and that when Bennett invited his daughter to go along with him on patrol, she agreed. Her father alleges that Bennett raped her on the grounds of the resort. News reports indicate Bennett was sentenced on August 30 to four months in the Livingston County Jail after pleading no contest to seduction. He also faces two years of probation. Continue reading

News Scan

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L.A. Airport Shooter Pleads Guilty to Avoid Death Penalty:  The man accused of fatally shooting a U.S. Transportation Security Administration (TSA) agent and wounding three others in an attack at the Los Angeles International Airport nearly three years ago has agreed to plead guilty to the charges against him in order to avoid a death sentence.  Alex Dobuzinskis of Reuters reports that Anthony Ciancia, 26, a New Jersey native, has agreed to plead guilty at an upcoming hearing to 11 criminal counts, including murder of a federal officer, attempted murder of a federal officer, violence at an airport and discharge of a firearm during a crime of violence causing death.  On Nov. 1, 2013, Ciancia walked into Terminal 3 of LAX, the nation's second-busiest airport, armed with a semi-automatic rifle and opened fire, killing TSA agent Gerardo Hernandez, 53.  Hernandez became the first TSA officer killed in the line of duty since the agency's creation…

//blawgsearch75.rssing.com/chan-6519914/article19684-live.html

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1.  Alvarez v. Lopez, No. 12-15788 (8-30-16)(Kozinski w/N. Smith; dissent by O'Scannlain)(Note:  This is an Az FPD case). The 9th granted habeas relief for a tribal court conviction.  The 9th found that under the Indian Civil Rights Act (ICRA), tribes cannot deny defendants the right, upon request, for a jury trial.  The Gila River Indian Community denied the petitioner that right when it failed to inform him that he needed to request a jury.  The balancing test of Randall v. Yakima Nation Tribal Court, 841 F.2d 897 (9th Cir. 1988) found that petitioner's interest in fair treatment outweighed the Community's procedural interests.  The denial of a jury right was structural and required automatic reversal.Concurring, Kozinski deplored the "rat's nest" of problems with the Community's criminal justice system.Dissenting, O'Scannlain felt the balancing due process test  of Randall was inappropriate; the focus…

Collateral Attack of Sentence Not Permitted at Supervised Release Revocation Hearing

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In United States v. Jones, No. 15-1636 (3d Cir., Aug.17, 2016), Defendant sought to challenge the classification of his underlying conviction during his supervised release revocation hearing. Specifically, Defendant attempted to argue that, in light of Johnson v. United States, 559 U.S. 133 (2010) and Johnson v. United States, 135 S.Ct. 2551 (2015), his ACCA conviction should be graded as a Class C felony instead of a Class A felony. The Third Circuit rejected Defendant’s argument in short order, by announcing that it was joining several of its sister circuits who have ruled that the validity of an underlying conviction may not be collaterally attacked in a supervised release revocation proceeding. Such challenges may only be raised on direct appeal or through a habeas corpus proceeding. The Third Circuit rejected Defendant’s claim that he sought only to challenge the decision rendered by the district court during the present revocation hearing. The Court concluded…

Closing Arguments in Trial of Clermont County Officer

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From Channel 12: In court, the prosecutor showed pictures, including where the victim said [the officer]spanked her under the guise of wrestling. The defense claimed the young woman was not credible and built a case by trying to show she lied a number of times. Some photos from closing arguments: The post Closing Arguments in Trial of Clermont County Officer appeared first on .

Repeat and Dangerous Sex Offender Guideline / Categorical Approach

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In United States v. Dahl, No. 15-2271 (3d Cir., Aug. 17, 2016), the district court committed plain error by failing to apply the categorical approach in determining whether Dahl’s Delaware first- and third-degree unlawful sexual contact convictions constitute federal sex offense convictions under the federal repeat offender statute, 18 U.S.C. § 2426(b)(1)(B), and therefore subjected him to an increased sentence under the career sexual offender guideline embodied at U.S.S.G. § 4B1.5. Section 2426(b)(1)(B) refers to a “conviction for an offense . . . consisting of conduct that would have been an offense” under certain federal statutes, and § 4B1.5 refers to a “sex offense conviction” as “any offense [under 18 U.S.C. § 2426(b)(1)(B)], if the offense was perpetrated against a minor.” However, the Supreme Court’s decisions in Descamps, Johnson, Mathis, and Nijhawan v. Holder, 557 U.S. 29 (2009) demonstrate that the…

Marin County Labor Day DUI Enforcement – Saturation Patrols

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On August 19, 2016 the Marin County multi police agency, Avoid the 13, DUI Task Force kicked off their participation in the Nationwide Drive Sober or Get Pulled Over campaign with a checkpoint in the city of Sausalito.  Marin County law enforcement also held another checkpoint on August 27, 2016, in San Anselmo. During the national DUI campaign, which concludes on the September 5, 2016 Labor Day Holiday, Marin County police officers will be conducing roving saturation patrols looking for drunk and impaired drivers.   In addition, Police, Sheriff, and the California Highway Patrol’s routine patrols will be extra vigilant looking for so called objective signs of impaired drivers.  Police officers routinely testify in court that bad driving such as weaving, swerving, not using turn signals or driving without headlights during darkness can be signs that a driver may be DUI. The Avoid the 13 DUI Coalition aims to remind all…

Recommended Read: Ferzan & Westen on Rape

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A few days ago, I linked to Ferzan & Westen's How to Think (Like a Lawyer) About Rape (Criminal Law and Philosophy (Forthcoming)). I've now had a chance to read it with some care, and I highly recommend it. It...

Point of Impact series to focus on police shootings of unarmed Texans

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Grits contributing writer Eva Ruth Moravec, a former cops-and-courts beat reporter for the San Antonio Express News who's also covered the capitol for the Associated Press, has launched a year-long investigation into police shootings of unarmed people in Texas, she announced in an email yesterday. The series is titled "Point of Impact" and will be published in the Houston Chronicle and other Texas outlets. Showing conservative interest in this topic extends beyond Rick Perry and Glenn Beck, the Charles Koch Foundation has provided generous support for the project. Here's the gist from Eva Ruth's announcement:Today, I'm really happy to announce the launch of Point of Impact, a yearlong series that will delve into officer-involved shootings of unarmed people in Texas.  Through the series, I will look into 19 shootings of unarmed people that have occurred since last September, when a new law went into effect that required law enforcement to…

Driver Flees Scene After Southborough Crash

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OLYMPUS DIGITAL CAMERA According to an article in the MetroWest Daily News, a man involved in a car crash on Route 9 in Southborough fled the scene after he was pulled out of his smoking car. The article states that the driver rolled his car during the course of the accident and that it was resting on its side when others arrived on the scene. The passersby noticed that the car was smoking and worked together to pull the man out, breaking windows in the car to do so. When they pulled the driver out, they noticed that he was unsteady and possibly drunk. One of the passersby stated that the driver stumbled and nearly vomited after being taken from the car. He further stated that driver did not seem not understand what his rescuers were trying to do, even though his car was filling with smoke. Following the rescue, the driver reportedly “took off running into the swamp.” Police searched for the man and eventually apprehended him. Although it’s unclear what…

Perlin & Weinstein on The Client's Decision About Mental Health Treatment

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Michael L. Perlin and Naomi Weinstein (New York Law School and New York State Unified Court System - Mental Hygiene Legal Service) have posted 'Said I, 'But You Have No Choice': Why a Lawyer Must Ethically Honor a Client's Decision...

Using Marijuana to Legally Disarm Californians

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My first reaction when Gene Haagenson called me from ABC30 news to ask about a Nevada case preventing a woman with a medical marijuana card from owning—note that I’m stating it as the question was originally put to me, not as it really was considered in the court—a gun was that it was unconstitutional. I told Gene I had not heard of the case yet, but would check as soon as I got the opportunity. I was driving at the time, so I couldn’t even look anything up on the computer. After we hung up, I contacted a friend and fellow lawyer, Serita Rios, to ask if she’d heard about it. She hadn’t, but being near a computer, looked up a story about it and read it to me. We were both somewhat stunned at the idea that the Ninth Circuit Court of Appeals would say that a person exercising a statutorily-authorized privilege could be deemed, thereby, to have forfeited a core constitutional right. Since then, I was able to locate, and read, the actual Ninth…

Hellman on A Theory of Bribery

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Deborah Hellman (University of Virginia - School of Law) has posted A Theory of Bribery (Cardozo Law Review, Forthcoming) on SSRN. Here is the abstract: In a unanimous opinion in McDonnell v. United States, the Supreme Court invalidated the conviction...

Crash Slows Traffic Near Fort Hall

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 9/2/2016 5:50 pm Please direct questions to the District Office Idaho State Police are currently investigating a two vehicle non injury crash with blockage, northbound on Interstate 15 at milepost 83, near Fort Hall. Traffic is slow in the area. Further information will be released as it becomes available. SA / JH -------------

"This small Indiana county sends more people to prison than San Francisco and Durham, N.C., combined. Why?"

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From The New York Times: LAWRENCEBURG, Ind. — Donnie Gaddis picked the wrong county to sell 15 oxycodone pills to an undercover officer. If Mr. Gaddis had been caught 20 miles to the east, in Cincinnati, he would have received...

"Which Part of the Constitution Prohibits Wrongful Detention?"

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Jack Preis has this post at PrawfsBlawg. In part: If a cop fabricates evidence against you, and you’re held in jail for 47 days, have you suffered a constitutional violation? Believe it or not, that’s an open question—or as I’ll...

VI: Nervousness is not RS; patdown unjustified and no reason shown

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Defendant’s stop was admittedly justified, but the detention was without reasonable suspicion of wrongdoing. Mere nervousness isn’t enough, and the officer didn’t articulate more. A patdown was unreasonable. People v. Hodge, 2016 V.I. LEXIS 123 (Aug. 24, 2016). Defendant showed … Continue reading →

Academic Freedom And The Question Unasked

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While the issue at its most superficial level might appear to be about the validity of climate change, it’s not. Not even a little bit. Believe or disbelieve, it doesn’t matter.* The issue at hand could be anything. That it happens to be the validity of “human induced climate change” doesn’t matter.  That some profs at University of Colorado-Colorado Springs are throwing a course where they announce, in advance, that no student can question their premise, does. Three instructors co-teaching an online course called “Medical Humanities in the Digital Age” recently told their students through an email that climate change is not up for debate and those who think it is should not enroll in the course, according to documents first obtained by The College Fix. “The point of departure for this course is based on the scientific premise that human induced climate change is valid and occurring,” the email sent to students…

“The Type of Guy That Gives Lawyers a Bad Name”

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Q:            When did you have that conversation then with David? A:            Prior to him ending up in the hospital. Q:            Do you recall the date, approximately? A:            No, I do not recall an approximate date. Q:            Not even... Read More
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