Clik here to view.
Lack of Remorse Cannot Be Used to Enhance Someone's Sentence
In many cases, mitigation of a case should begin at the very outset of a case by the lawyer taking a very proactive position immediately upon taking the client’s case. Often times what is done right...
View ArticleS.D.N.Y.: Search incident of cell phone six hours later invalid
Search incident of a cell phone requires a narrow view. The search here was six hours after the arrest, so it was not “incident.” United States v. Dimarco, 2013 U.S. Dist. LEXIS 16279 (S.D. N.Y....
View ArticleWI: No suppression for excessive force in a seizure not causally related to...
Excessive force in a seizure shouldn’t lead to suppression of evidence not causally related to it. State v. Herr, 2013 Wisc. App. LEXIS 105 (February 6, 2013): P11 As there is no causal relationship...
View ArticleClik here to view.
Former Miami Police Face Federal Extortion Charges
Ten former Miami-Dade police officers have found themselves embroiled in a federal extortion case, accused of providing under-the-table service details to an illegal gambling operation, among other...
View ArticleClik here to view.
Delays in Ohio Social Security Disability claims hurt claimants
Social Security Disability Delays Impact Vulnerable Patients Unfortunately it is becoming all to common for those applying for Social Security Disability benefits to suffer delay after delay while...
View ArticleTexas high court to consider whether SCOTUS' Miller ruling on juvie LWOP is...
The Texas Court of Criminal Appeals this week agreed to hear arguments in Ex Parte Terrell to determine whether the Supreme Court's Miller v. Alabama - a case which banned life without parole (LWOP)...
View ArticleClik here to view.
Boyfriend gets lifetime sex offender status for cellphone video
2-10-2013 South Carolina: COLUMBIA, S.C. -- Sidney Myers will spend the next 18 months in a federal prison for 15 minutes worth of sex videos he made with his teenage girlfriend. The... [[This,an...
View ArticlePlea Agreements Threatened by Hamilton County Decision
A Hamilton County case on the enforceability of plea agreements threatens to undermine the entire system of plea bargains in Ohio courts. The case is State v. Gilbert, 2013-Ohio-238. The Defendant was...
View ArticleClik here to view.
Breathalyzer Questions and FAQs
Here are a few of the most common DUI breathalizer questions we get: What are the DUI Breathalyzer procedures in Maryland? Can multiple blows effect my breathalyzer result? Does burping during...
View ArticleClik here to view.
Bill would grant courts ability to designate sex offenders
Clearly explains whats wrong with the Adam Walsh Act 2-10-2013 Montana: The Montana State Legislature's House Judiciary Committee heard a bill that would give district courts authority to rank sex......
View ArticleClik here to view.
Maryland DUI Blood Draw
Warrantless DUI Blood Draws are the Focus of a U.S. Supreme Court Case Police officers forcing DUI suspects to submit to blood draw tests without a search warrant has been a highly contested issue in...
View ArticlePlea Bargains in Ohio Could be Undermined by Decision in “Meatball Murder” Case
The front page of the Cincinnati Enquirer highlights a recent Appeals Court decision that could impact plea agreements in Cincinnati and throughout Ohio. The case involves Kareem “Little Red” Gilbert,...
View ArticleClik here to view.
Elephant in the room: Lege must adjust sentencing to cut TDCJ's budget
Senate Criminal Justice Committee Chairman John Whitmire wants to end contracts for at least two private prison units and wants the Texas Department of Criminal Justice to find internal savings to...
View ArticleTop Texas criminal court to hear case on Miller retroactivity
Over at Grits for Breakfast, Scott Henson has this helpful post reporting on the recent decision by the top criminal appeals court in Texas to consider the application of Miller in the Lone Start...
View ArticleDistrict judge rejects too sweet federal plea deal for long-time fraudster in...
A helpful reader sent along this interesting local article from Pennsylvania, eadlined "Rosetti plea rejected by judge," reports on a case in which a federal judge took the usual step of rejecting a...
View ArticleSenate budget writers want more prosecutor training on Brady, mental health
MSM coverage was relatively light of Monday's senate hearing on budgets for the judiciary and related agencies (this was the hearing where I submitted written testimony on behalf of the Innocence...
View ArticleMust Defense Attorneys Guess What Is Not In The Box?
The logical predicate for a requirement that a defendant be precie in framing a defect requiring redress is that the defendant reasonably be aware of such defect. Thus, for example, in considering...
View ArticleGuest post on Amish sentencing: "A Travesty in Cleveland"
Experienced lawyer and federal sentencing guru Mark Allenbaugh (firm website here) attended this past Friday's high-profile federal sentencing of the Amish defendants involved in the high-profile...
View ArticleClik here to view.
Greenacres Mother Charged With DUI, Endangerment
A woman from Greenacres has been charged with both DUI and child neglect after she was stopped for suspected drunk driving, with her teen daughter in the backseat. Our Palm Beach County criminal...
View ArticleClik here to view.
Case o' The Week: An Unappetizing Petri Dish -- Petri, Rule 32, and...
Six years ago, we complained of the Ninth’s decision in United States v. Saeteurn, 504 F.3d 1175 (9th Cir. 2007); see blog entry here. In Saeteurn, the Court held that there was no need to resolve...
View Article