Las Vegas Man Faces Attempted Murder Charge for Hitting Jail Guard with...
Last week a twenty-five-year old man allegedly entered the Clark County Detention Center and struck an officer with a baseball bat. The man was reportedly a victim of a robbery earlier in September,...
View ArticleTwo notably different sentencing requests from two killers
The two distinct headlines concerning two distinct requests in two California capital cases caught my eye this afternoon: "Arizona Woman Charged With Killing Autistic Son, Daughter Asks Court For Death...
View ArticleFederal Judiciary to Seek Mandatory Minimum Sentence Reform
The Federal Judicial Conference issued a press release today supporting the Justice Safety Valve Act of 2013 which would give federal judges discretion not to impose a mandatory minimum sentence....
View ArticleFISA Judge Rules NSA Mass Telephony Data Collection is Constitutional
The FISA Court today released the August 29, 2013 opinion by FISA Court Judge Claire Eagen finding the NSA's mass telephony data program is constitutional and statutorily permissible. The opinion is...
View ArticleQualsiasi Mezzo: Danziger Bridge
Move over, Emmet Sullivan and Carmac Carney. Add Kurt D. Engelhardt to the Honor Roll roster of federal district judges willing to speak truth to the U.S. Department of Justice. Willing to speak truth...
View ArticleFelony Charges Dropped against Mesquite Mom who Faked Child's Cancer
A thirty-six-year old woman who allegedly lied that her seven-year-old son had cancer in order to collect donations will no longer face felony charges of Nevada crime of child abuse. However she still...
View ArticleYOUR TWO NEW FEDERAL JUDGES
The Federal JNC (Motto "the really really good JNC") has nominated four individuals for two open Federal Judge positions in the Southern District of Florida. And the surprising news is that all four...
View ArticleUS Attorney defends fraud guidelines while others urge reform in USSC event
Today notable events in the federal sentencing reform arena were not confined only to today's U.S. Senate Judiciary Committee hearing on federal mandatory minimums (discussed here and here). Also...
View ArticleDUI Defense: No Actual Physical Control
The DUI law in Arizona used to read that any intoxicated person sitting in a car with the keys in the ignition is in “actual physical control” of their car. However, in 1995, David Michael Cantor took...
View ArticleWrit denied: But why?
The American Bar Association's Individual Rights and Responsibilities section has issued a book-length 500 page report (pdf) on the death penalty in Texas. Find an 18-page overview here (pdf). Looking...
View ArticleThe petitions alleged that the mother failed to provide her children with...
An institution filed an appeal against a mother alleging that her six children were suspected neglected. At that time, the youngest child was a new-born and the oldest child was 16 years old. The...
View ArticleEighteen Month Delay in Custody Decision Illustrates Glaring Problem
Just yesterday I was speaking to a group of lawyers about family law arbitration. One of the points I made was that arbitration has several advantages over court proceedings because private family law...
View ArticleCal. school district pays firm to monitor students' social media
According to a recent CNN article, a California school district is paying a private firm over $40,000 to monitor its students' social media accounts for one year. The company uses keywords to conduct...
View ArticleHendry County Criminal Defense Lawyer :: LaBelle Man Held with No Bond After...
A 24-year-old LaBelle man was arrested and held without bond last month after members of the Hendry County Narcotics Unit conducted a controlled delivery of a package suspected of containing marijuana...
View ArticleIn this domestic violence prosecution, defendant stands indicted for, among other things, burglary, assault and criminal contempt involving alleged assaults on his girlfriend at her home in violation...
View ArticleBurden of Proof in Utah
Theoretically, defendants are not required to prove themselves innocent–the burden of proof lies with the prosecution. We all know that in America, everyone is presumed innocent until proven guilty...
View ArticlePetitioner commenced this proceeding pursuant to Article 78 of the New York...
A Kings Criminal Lawyer said that, petitioner was self-represented, but retained counsel for oral argument. Counsel, however, failed to enter a notice of appearance. Respondent was represented by the...
View ArticleThe People argue that the defendant by running away from the Sergeant created...
This is a proceeding wherein the defendant is charged with two counts of criminal possession of a weapon in the second degree and disorderly conduct. On 26 July 2007, a Mapp-Huntley was held before...
View ArticleAR: General motion to suppress and hearing didn't preserve issue raised on...
A general motion to suppress did not preserve the specific question of legality of a DUI roadblock that stopped the defendant. The pretext argument for the roadblock was not litigated in the trial...
View ArticleWASHINGTON SHOOTER MURDERS 12 PEOPLE IN “SECURE” LOCATION LEAVING HINDSIGHT...
It may have happened in Washington, and this may be the Boston criminal lawyer blog, but we have seen such stories from all around the country…including Massachusetts. I am referring to the former Navy...
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