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Last 20 posts indexed in the Criminal Law category on Justia BlawgSearch.com
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    A customer at a 7-Eleven convenience store was arrested for battery when she allegedly threw her Cuban sandwich in the face of the clerk due to a dispute over the warmth of the food. On Friday, February 9, 19-year-old Corinthian Jones went into a Bradenton, Florida 7-11 and ordered a pressed Cuban sandwich from one of the clerks. Jones received her purchase and left the store. Approximately 30 minutes later Jones reportedly returned to the store with the sandwich, which had a few bites missing from it. Jones complained to the clerk that the sandwich was cold, and she either wanted it reheated or would like her money back. The two began to argue until Jones left the store to get one of her friends that was waiting outside for her. Continue reading →

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    The potential that the informant “may reveal” information helpful to the defense isn’t good enough to get the informant’s identification. United States v. Reed, 2018 U.S. Dist. LEXIS 25448 (S.D. Ala. Feb. 16, 2018). The entry was based on observation … Continue reading →

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    The open letter from SAVE, Stop Abusive and Violent Environments, was not only well argued and fully footnoted, but signed by a great many lawyers, academics and advocates. Almost 140 of them. And as its title said, it argued strenuously against the “trauma-informed” approach to sex offenses under both Title IX and in the legal system. It’s a good letter, and cites to some important thought, statistics and arguments. The short version is that “believe the victim” reverses the presumption of innocence and rationalizes away due process for the accused. No regular reader of SJ is unfamiliar with these views. That almost 140 people signed their names to the letter, particularly the profs for whom questioning the ideology of victimhood could be career-ending, is significant. They thought this worthy of taking a huge risk on a hot bonfire. So what’s the reaction? The first is the unsurprising fallback that relies on a grasp of statistics colored by…

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    Este es el fallo en el caso de la señora Arlette Contreras: CONDENA CONDENAR A ADRIANO MANUEL POZO ARIAS A CUATRO AÑOS de pena privativa de libertad efectiva, que con el descuento de la carcelería que ha sufrido por habérsele decretado prisión preventiva desde el 07 de agosto de 2015 hasta el 22 de julio de 2016 (en total 11 meses y 15 días), deberá cumplir finalmente TRES AÑOS Y QUINCE DÍAS, la misma que deberá cumplirse en el recinto penitenciario que corresponda, en su oportunidad. SE DISPONE que la efectivización de la condena antes dispuesta, conforme al artículo 402.2 del Código Procesal Penal, se realizará una vez firme que sea la sentencia, siendo que durante el periodo que transcurra hasta su revisión por el superior jerárquico, en su caso, el sentenciado, deberá observar la restricción de comparecer el primer lunes de cada mes a la…

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    Stare hard at Philadelphia’s new district attorney, Larry Krasner. He is the poster boy, the first really serious reform prosecutor to be elected. Sure, there are Democrats elected prosecutor, many of whom talk progressive and, to some extent, are engaged in reforms, but compared to Krasner, they barely scratch the surface. Larry Krasner is going at it hard. On the same day a Philly.com op-ed was published in which Philadelphia District Attorney Larry Krasner (and Mayor Kenney) admitted the failure that was the “War on Drugs,” in the 1980s and ’90s, the DA’s office announced that it is suing 10 pharmaceutical companies in connection with the opioid epidemic and is dropping all outstanding marijuana possession charges. Whether it’s the job of a prosecutor to sue anyone is a dubious proposition, but that’s how Krasner is interpreting his mandate. But that he’s “dropping all outstanding marijuana possession…

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    When big rigs crash, the results can be devastating. Recently, two 18 wheelers crashed on Cleveland Highway in Cohutta in northern Georgia. One of the drivers was reported to be seriously injured. He was flown by helicopter to Nashville. The accident occurred just after midnight on Nov 30, reported WDEF News 12 Now. The seriously injured driver was identified Jacob L. Coffelt by Georgia Highway Patrol. He was driving for Classic Express Inc. in Cleveland. One truck cab was completely burned out in the crash at the intersection with Wolfe Street in Cohutta. Two 18 Wheelers Crashed in Cohutta in Georgia The cause of the wreck remains under investigation by Georgia Highway Patrol. The graphic images of this burned out truck reveal the terrible nature of the impact that took place in Cohutta. We hope the driver makes a recovery from this terrible accident. When 18 wheelers collide the results are often devastating. The crash came weeks after another fiery truck wreck that claimed…

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    are here. The usual disclaimers apply. Rank Paper Downloads 1. Rethinking the Boundaries of 'Criminal Justice' (Book Review) Benjamin Levin University of Colorado Law School Date Posted: 16 Dec 2017 [3rd last week] 187 2. State Criminal Appeals Revealed Michael...

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    The speaking indictments of this past week provide a clear trail to Russian individuals and entities allegedly interfering in the 2016 Presidential election. The choice of charges, which include conspiracy to defraud, are no surprise. An indictment under section 371...

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    are here. The usual disclaimers apply. Rank Paper Downloads 1. Brain Development, Social Context and Justice Policy Elizabeth S. Scott, Natasha Duell and Laurence Steinberg Columbia University - Law School, Temple University and Temple University - Department of Psychology Date...

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    Jonathan J. Koehler (Northwestern University - Pritzker School of Law) has posted How Trial Judges Should Think About Forensic Science Evidence (To Appear in Judicature Spring 2018, Vol. 102, Number 1) on SSRN. Here is the abstract: It is undeniable...

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  • 02/18/18--15:00: Trump Goes All Captain Queeg
  • "For god's sake, somebody tell him the mess boys ate the strawberries." -- Charles PierceIt is hard not to draw parallels to Nixon's unravelling in the waning days of Watergate, when Tricky Dick was drinking heavily, scribbling incessantly on legal pads and making bizarre late-night phone calls while his Chief of Staff, General Al Haig, tried to tamp down the chaos and run the government. Imagine if Nixon had Twitter.  Now picture the malevolent orange #shitgibbon alone, washing down cheeseburgers with diet cokes, gorging himself on cable news and raging about how the indictment of 13 Russians confirmed the truth of what he has long disparaged as a hoax -- Russian interference in the 2016 election.  He knows that the indictments have not by any stretch absolved him of "collusion" and he knows that Mueller is just getting started.  Meanwhile, Melania is surely not providing badly needed ballast after yet another bombshell report about…

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     Ethical rules for prosecutors have no teeth, some complain. (Tell that to the A.G. now dealing with exhaustion in Fresno . . . .)Diaz-Sanchez v. Beard, 2018 WL 636921 (9thCir. Jan. 31, 2018).Ed. Note: A slow week in the Ninth is a good opportunity to flag developments for an important new Cal. Rule of Professional Conduct – 5-110, “Special Responsibilities of Prosecutors.” Players: Intriguing opinion by ED Cal Magistrate Judge Sheila K. Oberto.Facts: Diaz-Sanchez, a state prisoner, was convicted of multiple counts of second degree murder, attempted murder, and kidnapping: he was sentenced to 45 years to life. Id.   In 2014, he filed a § 2254 petition. Id.at *1. In 2017, the district court adopted the M.J.’s 2015 recommendations to dismiss as time barred. Id.   In 2017, Diaz-Sanchez moved for reconsideration: that claim remains pending. Id.   In 2018, the Petitioner moved to stay and abey unexhausted claims…

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    Defendant was convicted of wire fraud, and the district court imposed a condition of suspicionless searches for supervised releases. He complains that the court didn’t adequately explain the justification. No case says that the district court needed to, and there … Continue reading →

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    “El tiempo tiene un precio que nadie puede pagar”. El día de ayer -18-02-2018-  la Canciller de la República concurrió a dos programas políticos, “Cuarto Poder” y “Punto Final”, en ambos con la desfachatez de un “dragón de komodo” la distinguida e incomparablemente bella Canciller, justificó la desinvitación al Presidente Nicolás Maduro, primero argumentando que en las negociaciones en República Dominicana se fijó (nunca la mencionó) una fecha para las elecciones generales y que el Presidente venezolano la había adelantado para el 22 de abril más, en “Punto Final”, agregó que la oposición en las reuniones en Santo Domingo habían expuesto que NO era conveniente abril porque NO estarían preparados. La entrevistadora con signos evidentes e incontestables del paso de los años y supongo…

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    A 19-year-old man was placed under arrest for allegedly driving under the influence on Friday after he forced police to chase him for over a mile. On February 16 at nearly 3:30 a.m. Martin County law enforcement received a call from a citizen who reported that someone was parked in the lot of the Martin County Freewill Baptist Church with their car stereo playing at a disturbingly loud level. Constables dispatched to the scene to investigate the complaint and they spotted a young man sitting in his vehicle. When they approached him officers believed that he appeared nervous and they returned to their car to run a check on his license plate number. Continue reading →

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    The title of this post is the title of this short paper recently posted to SSRN authored by Ian Stewart and Francis Joseph Mootz. Here is its abstract: Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/002JpgBsDK4" height="1" width="1" alt=""/>