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Last 20 posts indexed in the Criminal Law category on Justia BlawgSearch.com
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    Labor Day weekend is also a “No Refusal” weekend in Houston. Texas prosecutors like “No Refusal” holidays because they have a deterrent effect on drunk driving. Statistics show that an inordinate number of drunk driving fatalities occur during holidays, including... The post Knowing Your Rights for the Upcoming Texas No Refusal Weekend appeared first on The Law Office of Greg Tsioros.

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    Dumped in a lake. Dissolved in acid. Fed to pigs. In movies and TV shows, murderers often find creative ways to dispose of one key piece of evidence: the victim’s body. In reality, disposing of the body may not prevent a murder conviction in California.  Several people in California have been convicted of murder in cases where the body was never found. One of the most famous cases involved Donald “Shorty” Shea, who disappeared during the summer of 1969. Charles Manson, one of the most infamous serial killers, and two other men, Steve Grogan and Bruce McGregor Davis, were eventually convicted of Shea’s murder despite the fact that his body had not been found at the time of his conviction. How Can It Be a Crime Without a Body? Continue reading →

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    Donald Trump keeps imploding. Here's the transcript and video of his latest debacle. How bad was it? “You had a lot of people in that group that were there to innocently protest, and very legally protest – because I don’t... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

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    http://elcomercio.pe/opinion/columnistas/regreso-marxismo-gonzalo-portocarrero-noticia-450564 http://elcomercio.pe/opinion/editorial/editorial-noticia-450583 No me sorprende el Editorial del Decano, si por la derecha fuera los trabajadores deberían trabajar por su plato de comida y no estoy bromeando, la incapacidad de crear del peruano y no debe confundirse la CREACIÒN con la DESESPERACIÒN de los mal llamados emprendedores que son peores explotando a sus pares que los negreros y esclavistas de la antigüedad, los empresarios peruanos NO están en condiciones de competir en el Mercado Internacional y a lo único que se aferran  es a reducir costos y el único ítem que se puede afectar es el “esclavo moderno”. Es muy fácil para los dueños de las minas exportar el mineral que explotan, en este punto, podemos pensar en reducir costos no sólo tercerizando las labores propias de los…

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    As the close of the prosecution’s case, a Defendant can request the court for a directed verdict in his or her favor.  What is a directed verdict?  Michigan Court Rule 6.419 indicates that during a criminal trial the defense or the court on its own  volition can consider after the prosecution rests or after the close of all evidence whether or not the evidence is sufficient to support a conviction.   The standard that the trial Court uses in this determination is to consider whether or not, in the light most favorable to the prosecution, that a rational Judge or jury could find beyond a reasonable doubt that the Defendant is guilty.  See People v Smith-Anthony, 494 Mich 669 (2013).  Hence, if this standard is met, there is a judgment entered in favor of the Defendant without any Judge or jury deliberations. In a way it seems unfair, because the evidence is considered in the light most favorable to the prosecution even though the…

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    According to news outlet ABC 10, a Carlsbad pastor named Matthew Tague, 43, has been arrested on 16 counts of child molestation. Deputies with the San Diego Sheriff’s child abuse unit has charged him with lewd and lascivious acts with a minor under the age of 14. The charges against Tague, a pastor at North Coast Calvary Chapel in Carlsbad, are not related to his duties as a pastor. Tague is currently being held in Vista Detention Facility on $1.9 million bail. He was due in court on June 2. Once he appeared in court, he pleaded “not guilty” to charges of repeatedly molesting a female member of his congregation for two years. He also pleaded “not guilty” to charges of 14 forcible sex acts against a child. Additionally, Deputy District Attorney Patricia Lavermicocca said Tague is accused of violating a family member when s/he was 12 and 13 years old. It is reported that Tague’s wife caught him abusing the victim, and turned him in. Child…

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    In Michigan, the issue of protecting children has always been at the forefront of our legal system and this is a theme that spans all of the way from the Michigan Bar Exam to the Michigan Supreme Court. While there is no question that children need protections provided from our court system and the legislature, far too often, parents are falling victim to be being falsly accused of crimes. One issue that needs to be addressed whether or not Child Protective Services (CPS) is truly deemed to be a government actor? Today we will provide some clarity on this issue. The Starting Point From a global perspective, it is obvious that CPS is employed by the state but what is lost in translation is that the mere concept of where the employees are paid does not in and of itself afford a defendant constitutional protection. One of the leaders in fighting for the rights of parents and defendants as a whole across the state of Michigan is Scott Grabel of Grabel and Associates. We sat down…

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    Anyone in Texas that has a cellphone needs to know about a case that is before the Supreme Court of the United States (SCOTUS) right now.  The case is filed as Case No. 16-402 and styled Carpenter v. United States.  You can follow it here on the SCOTUS online docket. Why This SCOTUS Case is So Important Many believe that this single case is the most important case involving the Fourth Amendment of the United States Constitution that to be decided in decades. The Fourth Amendment protects your right to privacy against government intrusion.  Like your right to privacy regarding what’s stored on your phone.  Or by your carrier or digital company.  Carpenter is going to decide how much access the police have to your phone’s contents (and other digital information) under search and seizure law.    Background of Carpenter v. United States The case comes out of the Sixth Circuit (read their opinion here).  Timothy Ivory Carpenter…

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  • 08/16/17--11:13: Primary Notes
  • A couple of congressional primary elections were held yesterday.Alabama held a primary to fill the remaining two years of Jeff Sessions' Senate term.  Senator and former AG Luther Strange, appointed to fill the seat until the election, finished second with 32.8% of the vote.  Former Chief Justice Roy "We Don't Need No Stinking Establishment Clause" Moore finished first with 38.9%.  Alabama has runoffs for primaries, so they will go "heads up" on September 26.How will the voters who voted for other candidates divide in the runoff, if they show up at all?  I'm inclined to think they will break for Senator Strange in a large enough proportion to make up for his 6-point lag.  I hope so.  We don't need any more loose cannons in the Senate.  The general election is December 12.  The Dems have chosen former U.S. Attorney Doug Jones as their candidate.Utah held a primary in the race to fill the vacant seat…

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  • 08/16/17--11:13: News Scan
  • MS-13 Bust in Ohio & Indiana:  On Tuesday, Federal agents arrested ten members of the "Columbus Clique,"  a branch of the brutal MS-13 gang.  Travis Fedschun of Fox News reports that three other members of the gang were arrested in Indiana and agents are looking for two others.  All of the suspects have been indicted for extortion, money laundering and illegal firearms charges.  The Justice Department estimates that there are 10,000 MS-13 members spread across 40 states, engaging in extortion of immigrant businesses, sex trafficking, and the machete and baseball-bat murders of teens, children and pregnant woman.  The President has tasked federal law enforcement with taking down the Salvadorian-based gang.  ABA: Allow Illegals to Practice Law:   The American Bar Association House of Delegates passed a resolution Monday directing Congress to allow "undocumented" immigrants to practice law in the U.S.  Alberto…

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    Under section 10(b) of the Canadian Charter of Rights and Freedoms, everyone who has been arrested by the police on a criminal charge has the “right to retain and instruct counsel without delay and to be informed of that right”. Police have to tell you that you can speak to a lawyer – but do […] The post Your Right to Speak With a Lawyer After You Are Arrested: What You Need to Know. appeared first on Daniel Brown Law LLP.

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    Maryland State Trooper, Tanner Leroy Nickerson, was arrested on Sunday, August 13th 2017 at 9:02 p.m. for driving under the influence of alcohol, driving while impaired and four other related traffic offenses. Court records indicate that Nickerson was operating a 2013 Chevy Tahoe when the accident occurred Northbound at 291 N. Bohemia Avenue in Cecil County Maryland. The State Police have said the Chevy Tahoe is a State Police issued vehicle. Maryland Trooper Charged with DUI and DWI Google map indicating the area of the accident and arrest of Trp. Nickerson Google street view of the arrest location in Cecil County, MD The Maryland State Police and local media announced that Nickerson had been arrested for drunk driving in Cecil County Maryland. The Maryland State have identified the driver as Trooper first class Tanner Nickerson, a six-year veteran of the force. Reports indicate that the trooper rear-ended another vehicle while driving an off-duty state police vehicle,…

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  • 08/16/17--11:33: The state of Kratom
  • On August 25th, 2016, the DEA administer, Chuck Rosenberg, released a document announcing the agency would temporarily be placing Mitragyna speciose, commonly called Kratom, and its two primary chemicals, mitragynine and 7-hydroxymitragynine, on the Schedule I list of the 1970 Controlled Substance Act as of September 30th, 2016.[1] The DEA announced its decision after citing health and safety concerns relating to the opioid-like drug. The decision of the DEA comes two months after a report was released by the CDC citing an upswing in poison control calls with 660 reports relating to the plant between 2010 and 2015. What is Kratom? Mitragyna speciose otherwise known as Kratom is a deciduous and evergreen tree in the coffee family native to southeast Asia, Thailand, and Malaysia[2]. Kratom contains opioid like compounds mitragynine and 7-hydroxymitragynine which act upon opioid receptors much like morphine. Continue reading

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  • 08/16/17--11:43: Lessons From the Courtroom
  • Malcolm Gladwell wrote a great book titled Outliers. The book covered the careers of The Beatles , Bill Gates , and others. The premise of the book is that one does not become an expert until they do something over 10,000 hours. After 22 years of practicing criminal defense law, I still learn something new each week. Here are three lessons from the courtroom from Sumner County General Sessions Court last week; File motions. The charge was child abuse. One of the elements was that the neglect adversely affected the child's health and welfare. No proof was stated in the arrest affidavit. I filed a motion to dismiss based on a lack of evidence of any real harm. The motion caused the assistant district attorney to look more closely to the case. The case was retired for 90 days on condition of attending a parenting class. Never agree to be interviewed by the police without a lawyer. The Sixth Amendment of the U.S. Constitution sets forth one of the fundamental rights of…

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    Christopher De Sa and Hafeez S Amarshi (Public Prosecution Service of Canada and Public Prosecution Service of Canada) have posted Reconsidering Calder: Re-Evaluating the Rule of Absolute Exclusion in the Context of Real Evidence on SSRN. Here is the abstract:...

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    Washington automobile insurers must offer personal injury protection coverage (PIP).  PIP benefits may cover medical expenses, lost wages,  funeral expenses, and loss of services.  Washington car accident attorneys know that it is not always clear whether an incident resulting in injuries gives rise to a PIP claim.  In a recent case, a Washington appeals court determined whether an insured person could receive PIP benefits for injuries he suffered when he fell out of a parked vehicle. The plaintiff felt nauseated while he was driving with his son.  He turned onto a side street and pulled over.  He put the vehicle in park but left it running. He unbuckled his seatbelt and leaned out the window to be sick.  As he was leaning out the window, he passed out and fell forward.  He received significant injuries when he struck his head on the pavement.  His head and upper body had fallen outside the vehicle, but his legs and feet were near…

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    Two busy family law lawyers in Illinois, Michelle Mosby-Scott and Drew R. Quitschau spent hours sparring in court as opposing counsel on dozens of cases. However, their professional relationship became complicated, even sinister, when Ms. Mosby-Scott learned her colleague had set up a false Match.com account in her name, describing her as separated from her spouse, an agnostic, and a fan of grocery stores, all restaurants, the Pizza Ranch, and buffets. Ms. Mosby-Scott obtained a court order compelling Match.com to provide her with the details of the IP address related to the fake account, which led to Mr. Quitschau’s doorstep. He had also downloaded photos from Ms. Mosby-Scott’s law firm website and added them to her Match.com account. But he didn’t stop there. He created false accounts in her name with the Obesity Action Coalition, Pig International, Auto Trader, Diabetic Living, and Facebook, not to mention posting negative reviews of her legal skills on…

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    As noted in this prior post, a few weeks ago US Attorney General Jeff Sessions sent letters to the leaders of states with recreational marijuana laws detailing troublesome data that, in the words of these letters, raised "serious questions about the efficacy of marijuana 'regulatory structures'." An example of one...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Dfi2VQLRStM" height="1" width="1" alt=""/>

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  • 08/16/17--14:01: Oberg on EU Criminal Law
  • Jacob Öberg (Örebro University) has posted Limits to EU Powers: A Case Study of EU Regulatory Criminal Law- Chapter 1 (author's version) (Hart Publishing (Hart Studies in European Criminal Law) 2017) on SSRN. Here is the abstract: Pursuant to the...