Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71805 articles
Browse latest View live

Rick Horowitz Explained It, But Gene Haagenson Didn’t Care

0
0
On occasion, I’ve questioned the fact that journalists tend to be slightly less than accurate in reporting legal matters. It’s not that they’re bad people, necessarily, but that they just don’t know any better. Like most folks, they assume too much, apply their own sensibilities to things about which they know little to nothing, and then put it out there on their platform for all their readers to see. It’s not always pretty. But ABC30 News’ Gene Haagenson doesn’t get the benefit of Hanlon’s Razor when he wrote his story about the 9th Circuit’s opinion that a medical marijuana user was precluded from purchasing a handgun.  He was told. 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…

OR: Horse owner didn’t lose privacy interest in horses being cared for by another on other’s property

0
0
Third-party property owners who were boarding defendant’s horses had the actual authority to consent to the sheriff’s entry onto their properties. Defendant didn’t have any authority to exclude the owners from particular parts of the properties where her horses stayed. … Continue reading →

M.D.N.C.: In 4A IAC claim, defendant has to show standing in detail and vague allegations aren’t enough

0
0
Defendant’s IAC claim here depends on his having standing. His vague allegations of standing aren’t enough. Organes-Espino v. United States, 2016 U.S. Dist. LEXIS 113536 (M.D.N.C. Aug. 25, 2016). The officer had reasonable suspicion defendant had been driving under the … Continue reading →

D.Neb.: Information for Franks hearing needs to be made to USMJ, not on appeal to USDJ

0
0
When making a Franks challenge to the USMJ, defendant must come forward with the information then, not on the request for review to the USDJ. “The Magistrate Judge did not state on the record his specific reasoning for a finding … Continue reading →

W.D.Tenn.: Order to execute on civil default judgment satisfied the warrant clause

0
0
The sheriff’s office entered defendant’s home to execute on a civil judgment for attorneys fees in a domestic matter obtained by a default judgment. Firearms were found, but he was a prohibited person. The civil process was a court order … Continue reading →

W.D.La.: RS of drug trafficking here not “rocket science”

0
0
Defendant was a passenger in a car asserting no interest in it or the contents. “Diaz never responded to the Government’s standing argument, even after he was given an opportunity to file a post-hearing supplemental brief.” He’d also lose on … Continue reading →

PA: Letter from def in jail ended up at DA’s office already opened; private search

0
0
Defendant’s motion to suppress was delivered to the DA’s office by an unknown person in an envelope along with another already opened envelope inside that contained a letter from defendant in the jail to his girl friend encouraging witnesses to … Continue reading →

Minnesota Supreme Court’s Decision in State v. Fawcett

0
0
In State v. Fawcett, #A15-0938 (24 August 2016), the Minnesota Supreme Court affirmed the appellate court’s ruling that a search warrant obtained to test the blood of a suspected drunk driver who was found to have been under the influence of a controlled substance—not alcohol—at the time of serious automobile accident did not violate the […] The post Minnesota Supreme Court’s Decision in State v. Fawcett appeared first on Minneapolis DWI Lawyer Douglas T. Kans.

The Playbook: Under budget pressure, TDCJ prophesies doom, ignores solutions

0
0
Nota bene, Robert T. Garrett and other journalists covering the state budget process: When the Texas Department of Criminal Justice (TDCJ) claims, as they did in this Sept. 1 Dallas News story and their legislative appropriation request (see a summary here and the full LAR here), that reducing their budget would result in massive layoffs and increased costs from overtime, there is an unstated "unless" which precedes their litany. Unless the Legislature reduces the number of prisoners incarcerated to relieve pressure on the system, the bad things they outline could happen. But if the Lege acts to reduce incarceration levels and adjusts prison spending accordingly, everything would work out fine.As has been their wont during past budget crises (Brian Collier is following Brad Livingston's 2010 playbook to a "T"), TDCJ's appropriations request declined to inform the Legislature of policy changes which would be needed to sustainably cut costs in the…

Unrepresented pot defendants plead guilty in one day on their first trial date

0
0
Unrepresented criminal defendants do all sorts of harmful things to themselves when they appear for their trial date without a lawyer. One recent situation took the cake. An unrepresented marijuana possession defendant appeared before one of the courthouse’s most compassionate and just judges. The judge asked him if he wanted a lawyer. The defendant told the judge that the defendant was going forward with a guilty plea on the advice of his parents. The defendant may have offered that he would soon be going out out of town for college, and that it would be inconvenient to return to court. The judge then told the defendant that he might qualify for the first-time marijuana defendant program, under Virginia Code § 18.2-251. This is a program that necessitates looking carefully before leaping into it, ideally with a qualified lawyer. The defendant still insisted on pleading guilty. Bless the judge’s heart, the judge next pointed out to the defendant…

Former Police Sergeant Not Guilty of Felony Sex Offenses

0
0
After a two week jury trial, a Clermont County jury has found a former Miami Township police officer accused of groping and assaulting a woman during a ride-along last year not guilty of three felony sex offenses and a separate charge of assault. The 18-year veteran police officer  was found guilty of misdemeanor offenses. The jury found the officer not guilty of assault. The officer has indicated that he intends to appeal based on a number pf evidentiary decisions made by the judge during the trial. Channel 9: [The Officer] has denied the allegations and said he wanted a trial to prove his innocence. The trial has lasted nearly two weeks and jurors spent two days deliberating the case. Fox 19: Cincinnati News, FOX19-WXIX TV Channel 12:   The post Former Police Sergeant Not Guilty of Felony Sex Offenses appeared first on .

Donald and Rudy: Two Peas in a Pod

0
0
Journalist Wayne Barrett, who has written about Rudy Giuliani for decades, is back, with a scathing comparison of Rudy and Thump. He says the "the onetime comb-over twins just had too much in common" not to align with each other this time around. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Debate Hosts Set

0
0
The hosts for the presidential debates have been announced. They are: NBC's Lester Holt, ABC's Martha Raddatz, CNN's Anderson Cooper and Fox News's Chris Wallace. Donald will find something to squawk about, I'm sure, but... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

0
0
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 248 Sexual Advance Directives Alexander A. Boni-Saenz Chicago-Kent College of Law Date posted to database: 25 Jul 2016 2 152 Public Attitudes toward Data Fraud and Selective Reporting in...

SCOTUSblog examining "The Court after Scalia"


"The 'Cost of Crime' and Benefit-Cost Analysis of Criminal Justice Policy: Understanding and Improving Upon the State-of-The-Art"

Stanford Rapist Released After Only Half of Atrociously Light Sentence

0
0
Earlier this summer, the lenient sentence given to Stanford student Brock Turner for a sexual assault on an unconscious young woman sparked national outrage.  Friday, he was released from after serving only half of that.  Paul Elias has this story for AP, with extensive background on the case.What lessons should we draw from this double outrage?First, the excessively lenient sentence demonstrates why we cannot vest too much discretion to judges to grant leniency.  In other words, it demonstrates--conclusively, in my mind--that we will always need "mandatory minimums" in some form for some crimes.Second, Turner's release in 3 months when sentenced to 6 demonstrates that we need to be very careful with "credits" against sentences and award them only when they serve an important function.Third, given the number of people guilty of serious crimes who are now sentenced to county jail in California, it is imperative that we build enough jail…

The Sports and Fitness Company, the Corporate Manager and Computer Tampering

0
0
This post examines a recent opinion from the Court of Appeals of Arizona – Division 2: State v. Leon, 2016 WL 4525044 (2016).  The court begins the opinion by explaining that[a]fter a jury trial, Summer Lynn Leon was convicted of theft of property or services, computer tampering, and fraudulent scheme and artifice. The jury expressly found the property that was the subject of the theft had a value of `$25,000 or more, but less than $100,000.’ The trial court suspended the imposition of sentence and placed Leon on concurrent probation terms of seven years and ordered her to serve thirty days in jail as a condition of that probation. After a hearing, the court also ordered restitution totaling $195,670. On appeal, Leon contends the court violated her constitutional rights by ordering restitution in excess of the jury's verdict.State v. Leon, supra.The Court of Appeals began its analysis of the issue in the case by explaining that[w]e view the…

Case o' The Week: Ninth Fords Restitution jurisprudence - Alvarez and Restitution After Paroline

0
0
  F-o-r-d = “Fix or Repair Daily.”   (Here, on the defendant’s dime).United States v. Pablo Alvarez, 2016 WL 4547362 (9thCir. Sept. 1, 2016), decision available here.The Honorable Judges Callahan, Clifton and Ikuta (left to right)  Players: Decision by Judge Clifton, joined by Judges Callahan and Ikuta. Facts: Alvarez and a co-D were caught illegally transporting aliens. Id. at *1. Alvarez was driving his own Chevy; the co-D drove a Ford that Alvarez had rented. Id. After a high-speed chase they hit spikes that the Border Patrol put across the road. The rental Ford was damaged. Id. Alvarez plead to a deal that promised a low-end custodial recommendation. Id.   The deal didn’t (really) discuss restitution. The PSR did -- it recommended Alvarez pay for the damage for the rental Ford. Id.   Over defense objection the court ordered $2,900 in restitution. Id. Issue(s): “On appeal, Alvarez argues that the Supreme…

DUI Checkpoints: Understanding Your Rights

0
0
You are driving along Ventura Boulevard, Interstate 405, or the Ventura Freeway, when you see a DUI checkpoint ahead. Your mind begins racing. What should you do? As a general rule, law enforcement officers must have probable cause to pull you over and inspect your vehicle. However, under state law, DUI checkpoints are an exception to the rule. Why? Because California courts have determined that DUI checkpoints serve as a “deterrent” to drunk driving and are therefore legal, within certain limits. You may be asking yourself, “aren’t my Fourth Amendment rights violated when a representative of the government can halt my vehicle and inspect it without probable cause?” Great question. The way courts have squared the legality of DUI checkpoints with the express language of the California Constitution is defining checkpoints as an administrative procedure. Therefore, the probable cause requirement necessary to conduct a traffic stop is no longer…
Viewing all 71805 articles
Browse latest View live




Latest Images