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New York Supreme Court Criminal Term Library Blog

News and information gateway to web based services provided by the New York State Supreme Court Criminal Term Library in New York County.

http://www.bloglines.com/blog/PLL

Nov 18
New York Criminal Law News November 18, 2009

Source:LexisNexis. Lexis ID and Password Required for Online Access: 1. The Associated Press State & Local Wire, November 18, 2009 Wednesday 1:24 AM GMT, , BUSINESS NEWS, 464 words, AP source: NYC newspapers' delivery offices raided, By COLLEEN LONG and JENNIFER PELTZ, Associated Press Writers, NEW YORK ... accusations of ties to organized crime, a law enforcement official said. ORGANIZED CRIME (90%); INVESTIGATIONS (90%); JUSTICE DEPARTMENTS (90%); LAW ENFORCEMENT (90%); SEARCH ... ...... Posted on November 18, 2009 at 02:54 am
Nov 18
Crime Related News and Blog Alerts November 17, 2009

Source: Google News Alert Service, November 17, 2009. NEWS: Justice Ministry Seeks Advisors For Big New Criminal Law Bill guide2.co.nz That draft will outline the key law changes and provide a foundation for a new Criminal Procedure Bill -- to replace the Summary Proceedings Act 1957 -- and ... See all stories on this topic Polls Show Public Not Buying The Case For Terror Trials RedState (blog) 8] There is a risk that, to guard against #7, rules and precedents governing criminal procedure will... Posted on November 18, 2009 at 02:43 am
Nov 18
Notable e-Discovery Cases and Events

Source: Lexology, November 18, 2009. Notable e-discovery cases and events Sidley Austin LLP "This update addresses the following recent court decisions involving e-discovery issues" Posted on November 18, 2009 at 01:39 am

Rank This Week: 2

Sex Offender Issues

Covers sex offender laws and cases.

http://sexoffenderissues.blogspot.com/

Nov 18
Blog Feed and email subscriptions

We had an issue with our feed for this blog, and had to recreate it. So anybody who has subscribed to this blogs feed or via emails, will have to resubscribe. The new feed URL is: [feeds.feedburner.com] And if you were subscribed via emails, you will have to sign up again on the right hand side of the blog, below. Sorry for any inconvenience. "That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King - United States... Posted on November 18, 2009 at 03:03 pm by SOIssues
Nov 18
OH - The Plight of Homeless Sex Offenders

View the article here 11/18/2009 By Mark Horvath Last winter shelter season, my eyes were opened to the horrible plight of sex offenders living on the streets. Our street outreach team was called to find shelter for a man. He was a registered sex offender, so he wasn't allowed to stay at the winter shelter. He had done everything right, reported to the police and the shelter workers. But there was no shelter that would allow him to stay. No matter what you think of the crimes this man... Posted on November 18, 2009 at 02:53 pm by SOIssues
Nov 18
PA - Former Monroe GOP state committeeman John Curtin granted parole

View the article here Yep, another republican, and another slap on the wrist compared to Joe Q. Public! 11/18/2009 Former Monroe County Republican state committeeman John Curtin has been granted parole. Curtin was sentenced in May to six to 18 months in county jail after being found guilty on sexual offense charges. Curtin served the minimum sentence without incident. He will be taken back to Monroe County Correctional Facility and will be released from there. Curtin will live in Stroudsburg... Posted on November 18, 2009 at 02:30 pm by SOIssues

Rank This Week: 3

Mortgage Fraud Blog

Covers mortgage fraud information, fraud schemes and indictments. By Rachel Dollar.

http://www.mortgagefraudblog.com/index.php/weblog/index/

Nov 17
Kansas City Broker Pleads Guilty to Mortgage Fraud

Wildor Washington, Jr., 39, Leawood, Kansas, has pleaded guilty to mortgage fraud charges. Washington pleaded guilty to one count of conspiracy, seven counts of wire fraud and three counts of money laundering. In his plea, he admitted in 2003 he conspired with other defendants to obtain mortgage loans by submitting inflated property appraisals and other false information to lenders. Washington pleaded guilty to wire fraud counts involving the &#xe2€&#xa6 Read More... Posted on November 17, 2009 at 01:57 am
Nov 17
Metropolitan Money Store President Sentenced to 151 Months

Joy Jackson, 41, Fort Washington, Maryland, president of the Metropolitan Money Store was sentenced to 151 months in prison followed by five years of supervised release for conspiracy to commit mail and wire fraud in connection with a mortgage fraud scheme that falsely promised to help homeowners facing foreclosure keep their homes and repair their damaged credit. As previouslyreported on Mortgage Fraug Blog, according to her plea agreement, Read More... Posted on November 17, 2009 at 01:56 am
Nov 17
Missouri Man Sentenced in Major Mortgage Fraud Scheme

Russell Todd McBride, Creve Coeur, Missouri, was sentenced on a mortgage fraud scheme involving the sale of residential real estate located in Sikeston, Missouri. McBride was sentenced to 135 months on a 34-count indictment for his involvement in the scheme. As previously reported on Mortgage Fraud Blog, McBride was an operator of Century Mortgage and Finance, Inc., which was in the &#xe2€&#xa6 Read More... Posted on November 17, 2009 at 01:29 am

Rank This Week: 6

Judging Crimes

Covers criminal law, violent crime and the judiciary. By Joel Jacobsen.

http://www.judgingcrimes.com/journal/

Nov 18
409. Let Sarah be Stephen

Sarah Palin has been getting a lot of unfavorable fact-checking attention for her insta-book, proving yet again that there's no such thing as bad publicity, unless you're a news-gathering organization and must explain why you put 11 reporters to the task. (Perhaps because entering "Sarah Palin fact check" into Google News returns 4,591 articles?) Here's proof of the lamestream media bias: Stephen Reinhardt of the Ninth Circuit is getting a free ride, despite this week's ritual Supreme Court per... Posted on November 18, 2009 at 07:28 pm by Joel Jacobsen
Nov 15
408. Conventions

It's hard for any professional to question the conventional wisdom of his or her field. It's hard even to perceive the things one takes for granted. The tendency is easiest to see in fields in which one has no emotional or financial investment, such as medicine. In Seed, Dave Munger writes: "placebos by definition have no medical effect." He's paraphrasing this belligerent post by the MD blogger Peter Lipson, who claims to genuinely believe he's delivering "a serious smackdown." But both pieces... Posted on November 15, 2009 at 12:11 pm by Joel Jacobsen
Nov 14
407. Gomorrah (Camorra optional)

Roberto Saviano's Gomorrah has been celebrated as a brave book, and an eye-opening one, and as a beautifully-written one, and even (though this will never stop seeming improbable to me) as the basis for a movie. But it's also a great book because of its universality. It's a book about the Neapolitan Camorra, but it equally describes what happens anywhere that a "parallel power structure" comes to rival that of the government. Wherever, that is, an alternative government by violence is... Posted on November 14, 2009 at 06:05 pm by Joel Jacobsen

Rank This Week: 10

Lethal Injection

Covers lethal injection in the United States.

http://lethal-injection-florida.blogspot.com/index.html

Nov 15
Ohio Is First to Change to One Drug in Executions

Breaking ranks with the 35 other states that use lethal injections to execute prisoners, Ohio on Friday became the first state to say it would switch to a single drug, rather than a three-drug cocktail, in its death penalty procedure. Critics have long argued that using a single drug, the preferred method in animal euthanasia, is more humane than the three-drug cocktail, which involves a short-acting barbiturate to render the inmate unconscious, followed by a paralytic and then a chemical to... Posted on November 15, 2009 at 02:08 am by Hilde
Oct 23
Joshua French and Tjostolv Moland

[www.freemolandandfrench.com]Joshua French and Tjostolv Moland received 5 death sentences each from a military tribunal in DR Congo on September 8. 2009. They were convicted solely based on circumstational evidence and two witnesses who weren't expected to give their oath. Those witnesses were called "informants" by the military tribunal, simply because they would otherwise not be able to claim reinbursements from the two convicted Norwegians. The Norwegians did not have any interpreterer for... Posted on October 23, 2009 at 06:22 am by sisselnor
Oct 18
Corsicana Sun hyping bogus Willingham 'confession' shames paper, state

Locals in Corsicana are circling the wagons on the Todd Willingham case, and they've enlisted the enthusiastic assistance of the local newspaper, The Corsicana Sun, to their cause. It's hard not to conclude the paper is embarrassing itself, their town and the state with ignorant, hyperdefensive attempts to counter conclusions by arson experts in the Todd Willingham case. (Indeed, I find such bad reporting nearly as noxious as Willingham's turncoat defense attorney, who Anderson Cooper said... Posted on October 18, 2009 at 06:09 am by Hilde

Rank This Week: 15

Sex Offender Research by A Voice...

Sex Offender Research by A Voice of Reason

Covers research, studies, and court cases related to sex offender issues.

http://sexoffenderresearch.blogspot.com/

Nov 20
Sex abuser loses house; proceeds go to restitution

11-20-2009 Vermont: A Rutland man convicted of multiple counts of producing child pornography lost his freedom, his savings and his home on Wednesday. Allan E. Patrick, 58, was sentenced to more than 12 years in jail and agreed to forfeit his Royce Street home and his retirement account to pay $142,500 to five victims. Patrick's home at 21 Royce St. has been transferred to the federal government, which plans to sell the property. Patrick's lawyer said the property is assessed at $149,700.... Posted on November 20, 2009 at 03:03 am
Nov 20
Test Drive an iPhone App about Sex Offenders

Folks may remember my review of these programs which covers exactly WHERE, HOW and WHEN they get the information! 11-20-2009 Colorado: COLORADO SPRINGS - Another proof-positive to make sure you don't believe everything you read on the internet or on your phone. I did some research on a popular iPhone application that's called the Offender Locator. You load it on your phone, set a location and within a mile you find out which registered sex offenders are living near you. I took this app for a... Posted on November 20, 2009 at 02:17 am
Nov 20
Loophole in PA's Megan's Law

8-20-2009 Pennsylvania: Some sex offenders "will fall through the cracks and escape Megan's Law" unless Pennsylvania lawmakers re-write the statute to include homeless transients, Pennsylvania's Superior Court says. Pennsylvania requires a Megan's Law offender _ those who have been convicted of a wide range of sexual crimes - to register his "residence" with the local police. But what happens when an offender is a homeless man who has no residence, when he literally lives on the streets? The... Posted on November 20, 2009 at 01:23 am

Rank This Week: 18

Grits for Breakfast

Covers the political, economic and social consequences of crime, punishment and justice in the Lone Star State. By Scott Henson.

http://gritsforbreakfast.blogspot.com

Nov 19
Out for the morning: Sentencing coverage to come

This morning I'm headed up to the UT Law School to hear a couple of panels presenting to the US Sentencing Commission, then after lunch out to a Sentencing Conference held biennially for judges, prosecutors and probation officials by TDCJ's Community Justice Assistance Division. (See their agenda [pdf].) These continue tomorrow, so I should have coverage for you from parts of both events in the next few days. Use this post as an open thread to talk about state and federal sentencing issues or... Posted on November 19, 2009 at 01:52 am by Gritsforbreakfast
Nov 18
Should prosectuors, public defenders, cops be required to 'resign to run'?

Should county employees be required to resign before they run for public office? Dallas District Attorney Craig Watkins initiated the debate by implementing a resign-to-run policy in his office six months ago, reports Kevin Krause at the Dallas News ("Dallas County public defender's proposed 'resign to run' policy has judicial candidates in office crying foul," Nov. 19): to eliminate influence peddling at the Frank Crowley criminal courthouse downtown. Watkins said that before he was DA, he... Posted on November 18, 2009 at 11:08 pm by Gritsforbreakfast
Nov 18
Medication lapse for Harris jail inmates especially long for patients with HIV

Randall Patterson has a compelling story at the Houston Press ("Jail misery," Nov. 19) that demonstrates in human form what the US Justice Department said were unconstitutional flaws in the Harris County jail's healthcare system. He highlights the case of Monte Killian, who became extremely ill after the jail failed to get him AIDS medication in a timely fashion. In telling Killian's story, though, Randall buried his lede. Deep in the article we find this juicy paragraph: It turns out that... Posted on November 18, 2009 at 10:11 pm by Gritsforbreakfast

Rank This Week: 19

The FRAUDfiles Blog

Covers fraud and forensic accounting, including tax fraud and the Sarbanes-Oxley Act. By Tracy Coenen.

http://www.sequence-inc.com/fraudfiles

Nov 20
Trouble keeping the books at TheStreet.com?

It's interesting to note that TheStreet.com (NASDAQ:TSCM) is apparently having trouble keeping its books, especially since Jim Cramer is one who loves to rant about companies with shoddy bookkeeping. It's troubling, of course, because Cramer suggests that you should sell the stocks of companies that don't keep up with their regulatory filings, and TheStreet.com is now delinquent on filing its 10-Qc for 6/30/09 and 9/30/09. From their recent press release: The Company previously announced that... Posted on November 20, 2009 at 11:13 am by Tracy Coenen
Nov 19
FTC taking action against Pre-Paid Legal Services Inc.

Much to my surprise, the Federal Trade Commission appears to be taking action against Pre-Paid Legal Services (NYSE:PPD) for making misleading representations in connection with its Identity Theft Shield and Affirmative Defense Response System products. The company is named, along with CEO Harland Stonecipher anbd Chief Marketing Officer Mark Brown. The FTC seeks not only to take away the money Pre-Paid Legal made on these services, but also permanent injunctive relief. Of course, the company's... Posted on November 19, 2009 at 04:16 pm by Tracy Coenen
Nov 17
Overstock.com: The circus continues

Sam Antar has often referred to Overstock.com and CEO Patrick Byrne as the gifts that keep on giving. And he sure is right! There is never a dull moment when it comes to wacky conspiracy theories and accounting woes that never end. Last week, Overstock (NASDAQ:OSTK) announced that it wouldn't be filing its 10-Q for the third quarter on time. The reason? Patrick Byrne had created another clever (but completely wrong) accounting treatment for another accounting error recently discovered, and the... Posted on November 17, 2009 at 05:44 pm by Tracy Coenen

Rank This Week: 24

Harmful Error

Discusses the Nevada Supreme Court and criminal law in Nevada. By JoNell Thomas.

http://www.harmfulerror.com/

Oct 8
District court judge debate videos available

Fact to Face with Jon Ralston has posted videos of district court judge candidate debates: Deborah Schumacher and Kris Pickering Linda Bell v. Robert Spretnak Michael Villani v. Bruce Gale Doug Smith and Josh Kunis Elissa Cadish and Ben Childs Posted on October 8, 2008 at 04:52 pm
Oct 8
Oral argument mp3's available

The Nevada Supreme Court has made available oral argument recordings for arguments heard on October 6: Sheriff v. Bucham Landreth v. Malik In re: William M. and Marques B. Posted on October 8, 2008 at 04:43 pm
Oct 8
Oral Argument Calendar: Wed. Oct. 15

The Nevada Supreme Court has posted its oral argument calendar for Wednesday October 15th, 2008: 10:00 AM -- D'NAL2 VS. HARBORS, LLC (48519) 10:30 AM -- OUANBENGBOUNE (VANNASONE) VS. STATE (44763) The defendant was convicted of first-degree murder and robbery in a trial before Judge Glass. He was sentenced to life without the possibility of parole. I do not know the issues presented. The Las Vegas Sun provides this article about the verdict and this article about the sentencing hearing. 11:30... Posted on October 8, 2008 at 04:26 pm

Rank This Week: 37

StandDown Texas Project

Covers best practices in the criminal justice system. By Steve Hall.

http://standdown.typepad.com/weblog/

Nov 19
Perry Rejects Commutation - UPDATED

Governor Rick Perry has rejected a recommendation to commute the death sentence of Robert Thompson. Thompson is scheduled to be executed shortly after 6:00 pm, tonight. The Texas Board of Pardons and Paroles voted yesterday, 5-2, to recommend a commutation to the governor. Governor Perry's statement is here. "After reviewing all of the facts in the case of Robert Lee Thompson, who had a murderous history and participated in the killing of Mansoor Bhai Rahim Mohammed, I have decided to uphold... Posted on November 19, 2009 at 03:39 pm by Steve Hall
Nov 19
Keith Hampton

Jordan Smith writes, "Hampton Runs for Republican-Dominated Court," in the current issue of the Austin Chronicle. Entering the political fray for the first time as a candidate, Austin criminal defense attorney Keith Hampton on Nov. 4 filed paperwork to run as a Democrat for the Court of Criminal Appeals seat currently held by Judge Michael Keasler. Hampton (www.hamptonforjudge.com) is well-known in the Travis County courthouse and also in the Texas Capitol, where he has worked as legislative... Posted on November 19, 2009 at 03:18 pm by Steve Hall
Nov 19
What the Law Commands

That's the title of a post by Linda Greenhouse at the New York Times Opinionator blog. LINK As with anything the retired Times' Supreme Court correspondent writes, it's a must-read. I'm going to focus on one section of her post. The proof of how alike the two justices really are, of course, will lie not in their rhetoric, but in their votes. The Supreme Court term is off to an unusually slow start, with little evidence of what is happening behind the scenes. But little is not none. Last week,... Posted on November 19, 2009 at 03:10 pm by Steve Hall

Rank This Week: 42

This blog covers legal topics such as commentary and opinion, criminal law and justice, information technology, library organization and planning, news from organizations, publication announcement and reviews. By New York Law Librarian, David Badertscher

http://www.criminallawlibraryblog.com/

Nov 18
Book Review: Gay Families and the Courts

TITLE: Gay Families and the Courts SUBTITLE: The Quest for Equal Rights AUTHOR: Susan Gluck Mezey PUBLICATION DATE: September 2009 PUBLISHER: Bowman & Littlefield Publishers, Inc. PAGE COUNT: 300 pp. ISBN: 0-7425-6219-0 (Paper) 0-7425-6218-2 (Cloth) PROBABLE PRICE: $27.95 (Paper) $70.00 (Cloth) Mezey (political science-Loyola Chicago) is an established author in the legal rights realm as it relates to women and minority groups. The relationship between public policy and the law as it... Posted on November 18, 2009 at 12:33 pm
Nov 18
National Information Standards Organization To Develop Recommended Practice for Physical Delivery of Library Materials

Document aims to facilitate library resource sharing* ** November 11, 2009 - Baltimore, MD - The National Information Standards Organization (NISO) Voting Members have approved a new work item to develop a Recommended Practice related to the physical delivery of library materials. NISO is pleased to announce that the Working Group roster for this project is now finalized, and work will be commencing with a kick-off call of the group on November 18, 2009. Building on the efforts of three recent... Posted on November 18, 2009 at 10:53 am
Nov 18
CLLB: Information Security Newsletter

Volume 2 Number 11 November 2009 Online Holiday Shopping Tips From the Desk of David Badertscher Online Holiday Shopping Tips The holiday season is approaching quickly and many of us will be shopping online. comScore estimates that in one day alone last year --Cyber Monday on December 1--$846 million was spent in online shopping, marking a 15% jump from 2007. With the increased volume of online shopping, it's important that consumers understand the potential security risks and know how to... Posted on November 18, 2009 at 09:20 am

Rank This Week: 56

California Criminal Lawyer Blog

The California Criminal Lawyer Blog covers topics such as DUI Defense, Judicial Misconduct, Police Misconduct, Search & Seizure, and Probation cases. Written by San Diego, California Criminal Defense Lawyer, Mary Frances Prevost.

http://www.californiacriminallawyerblog.com/

Nov 18
COP SENTENCED FOR STEALING PART OF DEFENSE ATTORNEY'S FILE; SHERIFF'S DEPARTMENT SUPPORTS HIS CRIMINAL BEHAVIOR

A Maricopa County Sheriff's detention officer was found in contempt of court Wednesday for his decision to remove a document from a defense attorney's file during a sentencing hearing last month. [To see the full contempt opinion, click Download file] [This begs the question: why isn't this cop being charged with a crime for stealing a defense attorney's property? This is absolutely outrageous when defense attorneys must bring colleagues to watch their belongings because the cops might steal... Posted on November 18, 2009 at 10:30 am by Mary Frances Prevost
Nov 15
EXIGENT CIRCUMSTANCE SEARCHES FOR MISSING PERSONS

This California Court of Appeal ends up upholding the search in this case based on exigent circumstances. The details are long and exhausting, but essentially the Court of Appeal says that there are exigent circumstances when a reliable missing person report is made under circumstances strongly suggesting that the missing person is injured or worse, and where a reasonably cautious person would believe the action was appropriate. The Court of Appeal also upholds a car search, relying on Ross... Posted on November 15, 2009 at 10:31 am by Mary Frances Prevost
Nov 13
CALIFORNIA CRIMINAL DEFENSE: KNOWLEDGE AND FAILURE TO REGISTER AS SEX OFFENDER

KNOWLEDGE AND FAILURE TO REGISTER The defendant here was convicted of failing to register as a sex offender for failing to register at a second address where he was also living. The defendant must have knowledge of a duty to register at a second address, but no jury instruction told this to the jury. The Court of Appeal finds error here, but harmless. The dissenting opinion explains why this can't be harmless. People v. Cohens; 2009 DJ DAR 15923; DJ, 11/11/09; C/A 4th, Div. 2 Posted on November 13, 2009 at 10:29 am by Mary Frances Prevost

Rank This Week: 57

The Saile Law Blog

Covers New Jersey and Pennsylvania personal injury, criminal and traffic offenses legal developments. By Michael L. Saile, Jr.

http://www.sailelaw.com/blog

Nov 5
PennDot reminds young drivers to be distraction-free

The Pennsylvania Department of Transportation (PennDot) reports that 23,059 PA car accidents involving 16- to 19-year-old drivers occurred in 2008, resulting in 194 fatal PA accidents. Ten percent of these Pennsylvania car accidents were caused by some degree of driver distraction. Statistics show that distractions while driving are the major contributors to highway car accidents involving teenagers and young adults. Other contributing factors include speeding, driver inexperience, and improper... Posted on November 5, 2009 at 01:08 pm by Michael L. Saile, Jr., Esq.
Nov 3
The overwhelming majority of PA drivers buckle up…

An October 2009 report from the Pennsylvania Department of Transportation (PennDOT) shows that Pennsylvania drivers overwhelmingly make the choice to buckle-up. PennDOT found that 87.9 percent of motorists engage their seatbelts when driving, an increase from 86.7 percent of motorists in 2007. It is believed that safety enforcement on the part of municipal police departments and the Pennsylvania State Police is in large part responsible for the rise in seat belt usage. Are you familiar with the... Posted on November 3, 2009 at 09:40 am by Michael L. Saile, Jr., Esq.
Oct 30
Legal News You Can Use! — October 2009.

If you are not on Saile & Saile LLP's mailing list, you can find our October 2009 newsletter here: Newsletter.pdf If you wish to be on our mailing list, please submit a case submission form and provide us your name, mailing address, and email address. In October's newsletter we discuss: What's new at Saile & Saile LLP. What is E.N.R.A.D.D. Philadelphia's ranking among the safest driving cities. DUI arrests up among women. Whether or not to give a recorded statement to the auto insurance... Posted on October 30, 2009 at 06:33 am by Michael L. Saile, Jr., Esq.

Rank This Week: 63

Court TVs Informer

Criminal, odd and celebrity law news from CourtTV.

http://blog.courttv.com/informer/

Feb 14
[read post]

Posted on February 14, 2008 at 05:40 pm by Jake
Dec 25
Sugar-Coated Squalor

While eating cold leftover stuffing for breakfast, I came across a site so wonderful, I wondered if I was still dreaming. Namely, GingerbreadGhetto.com -- which promises, and delivers, the dark side of gingerbread houses. With licorice bars, unforgiving Pez bricks in the yard, and inmates working the marshmallow dead weights, our favorite is the Gingerbread Prison: However the Gingerbread Serial Killer House is a close second. Thanks to Tom Nardone for making the site, and making my Boxing Day... Posted on December 25, 2007 at 12:40 pm by febhead
Dec 20
Apologies to Clement Clarke Moore

Last year, to celebrate a very special Christmas Day "Cops" marathon on Court TV, our own Ritch Duncan penned a wonderful parody of "The Night Before Christmas." We'll only broadcast two hours of "Cops" this December 25th (7-9pm E/P), but Ritch's poem is so hilarious that we wanted to post it once again.--Danny 'Twas the night before Christmas, when all through the house Not a creature was stirring, not even a mouse; The stockings were hung by the chimney with care, In hopes that St. Nicholas... Posted on December 20, 2007 at 05:40 pm by Daniel Green

Rank This Week: 75

Justice Building Blog

Features discussions between judges and lawyers in the Richard E. Gerstein Justice Building.

http://justicebuilding.blogspot.com

Nov 19
DOLPHINS PLAY TONIGHT

In a rare Thursday night game, the Dolphins play the Carolina Panthers. Go Fins. Bob Norman's Daily Pulp here seems to allude to the fact that Scott Rothstein is being sequestered by the Feds as he cooperates with agents and prosecutors over the others who assisted him in stealing what some have speculated could be upwards of a billion dollars. But even at at level, I guess he gets three points off for super acceptance, right? Rothstein surrendered his Bar license yesterday. If he had ever... Posted on November 19, 2009 at 04:10 am by Rumpole
Nov 18
COUNTY COURT REPORT

We received the following email and picture:(Update- take our Jeopardy lawyer quiz below) Rumpole: At your request I have emailed you a picture of the offending message from the Prosecutors in County Court. In case the picture is not clear, it is handwriting on a Plea Sheet and says the following in Red Ink:"All pleas will be enhanced on trial day. This includes jail enhancement. These pleas are open today only." Will the FACDL considering filing a bar complaint against the State Attorneys... Posted on November 18, 2009 at 06:10 am by Rumpole
Nov 16
THE FAMOUS CHEER YOU UP -DEATH POST.

UPDATE: The Anatomy of A Scam: How Rothstein did it. Bob Norman of the Daily Pulp has put together an interview with an investor who pitched by Rothstein.Part I here. Check out "You Make The Call" on the Broward Blog here. Basically, in Broward the police have as much respect for the 4th Amendment as the Judges North of the Border have for Dade Lawyers. Especially nifty is the warrant-less entry into the defendant's home to "make a protective sweep" looking for the defendant while the other... Posted on November 16, 2009 at 09:21 pm by Rumpole

Rank This Week: 77

Sex Crimes

Devoted to the criminal laws regulating and punishing sex offenders. By Corey Rayburn Yung.

http://sexcrimes.typepad.com/sex_crimes/

Nov 19
NJ Parole Board Finds Sex Offender Polygraph Testing Effective

The New Jersey Star-Ledger is reporting that the state parole board has released an internal study claiming that the use of polygraphs on paroled sex offenders has been effective in detecting and preventing parole violations. According to the article, almost all of the state's 5,600 supervised sex offenders must submit to at least one polygraph test every year. You may read the actual report here. From the article: The parole board started using the examinations two years ago, and an internal... Posted on November 19, 2009 at 07:55 pm by Sex Crimes
Nov 18
Group Seeks To Ban MA Sex Offenders From Homeless Shelters

The Boston Globe has an interesting article discussing a new push to ban sex offenders from homeless shelters. From the article: As the state's steep budget cuts have forced organizations that help the homeless to cut beds, staff, and programs, the advocates for the needy say banning sex offenders would allow shelters to save money on security, open up space for others, and make shelters safer. The Massachusetts Housing and Shelter Alliance, which represents 90 organizations that provide... Posted on November 18, 2009 at 08:16 pm by Sex Crimes
Nov 18
Female High School Teacher Gets 12 Years For Sex With 17 Year Old Aide

A female high school teacher in Tennessee was recently convicted of having sex with a 17 year old male teacher's aide and received a 12 year sentence. Volokh and Above the Law have more. From the Tennessean: District Attorney Ray Whitley said Sandy Binkley "got what she had coming to her." David Ridings, Binkley's attorney, said it was the most egregious abuse of justice in sentencing that he has ever seen. "We hoped that (the judge) would follow the law. He failed miserably at that," Ridings... Posted on November 18, 2009 at 08:11 pm by Sex Crimes

Rank This Week: 95

Crime & Federalism

Covers civil rights, criminal law, federalism, and Section 1983. By Norman Pattis and Michael Cernovich.

http://federalism.typepad.com/crime_federalism/

Nov 17
Warren Buffett is No Folk Hero

Years ago Tom Kirkendall had an insight that no one had before - or since, it seems - about Warren Buffett. Called "The Buffett Rule," Kirkendall explained the media's reporting of Buffett thusly: "A folksy and media savvy businessman involved in complicated structured finance transactions is given a pass [when others go to jail and receive negative press for the same conduct]." &#xc2&#xa7&#xc2&#xa7&#xc2&#xa7 The Buffett Rule is in full effect today. A story getting major attention reads: "Goldman Sachs, Buffett to... Posted on November 17, 2009 at 05:30 pm by Mike
Nov 17
Using Google for Legal Research

I begin every legal research issue the same way - with Google. Using Google just got better: As many of us recall from our civics lessons in school, the United States is a common law country. That means when judges issue opinions in legal cases, they often establish precedents that will guide the rulings of other judges in similar cases and jurisdictions. Over time, these legal opinions build, refine and clarify the laws that govern our land. For average citizens, however, it can be difficult... Posted on November 17, 2009 at 03:05 pm by Mike
Nov 16
Deferred Prosecution for Aleynikov?

In like a lion, out like a lamb: In a court filing on Monday, federal prosecutors revealed that Aleynikov's attorney plans to seek a resolution of the case that could culminate in either a deferred prosecution agreement, or a plea to a reduced charge of a misdemeanor. Prosecutors say they intend to "evaluate'' the request for a deferred prosecution. In light of the anticipated request from Aleynikov's lawyer, Assistant US Attorney Joseph Facciponti asked a U.S. magistrate judge to extend the... Posted on November 16, 2009 at 06:29 pm by Mike

Rank This Week: 113

Simple Justice

An old time defense lawyer's view of defendants, the law and life. By Scott Greenfield.

http://blog.simplejustice.us

Nov 18
Mea Culpa in Maricopa (Update)

Judge Gary Donahoe has issued his opinion in the Adam Stoddard contempt hearing. To everyone's shock, Judge Donahoe held the court detention officer in contempt. Here is the decision. Nick Martin at Heat City sums it up: But Donahoe rejected that story, saying there's no way "a reasonable detention officer" would have thought a crime was taking place based on what he saw. "There was no immediate or future security threat that would have justified a reasonable detention officer in DO Stoddard's... Posted on November 18, 2009 at 08:36 am by SHG
Nov 18
Go Straight To Jail, Do Not Pass Go

The Second Circuit has decided the Lynne Stewart appeal, and at 191 pages, it's a doozy. The majority decision was written by Judge Sack, with Judge Calabresi writing in concurrence and Judge Walker both concurring and dissenting. The gist of the majority is that Lynne must surrender to serve her sentence of 28 months forthwith, while the case is remanded for resentence (which strikes me as a bit odd) for Judge Koeltl to decide whether she committed perjury, a determination he did not make at... Posted on November 18, 2009 at 03:19 am by SHG
Nov 18
The End of the Duopoly?

In the old days, we had books. Then along came Westlaw with its CDs. Then Lexis with its online search. This was revolutionary, but uncomfortable. First, it meant that we had a room full of very expensive law books that were soon to be worthless. Second, it meant that we had to trust search via a computer rather than leaf through the piles of books that kept us warm at night. As everyone knows, Lexis and Westlaw are the way lawyers research today. A rather expensive way, I might add, and still... Posted on November 18, 2009 at 02:40 am by SHG

Rank This Week: 134

Durham-in-Wonderland

Features comments and analysis about the Duke/Nifong case. By Professor KC Johnson.

http://durhamwonderland.blogspot.com/index.html

Nov 9
"Alleged"

The media generally does not withhold information as a matter of official policy. But, to my knowledge, every major newspaper in the country has an official policy of not reporting the names of accusers in rape or sexual assault cases. (I'm not aware of any paper that has a policy of refusing to report the name of suspects in sexual assault cases.) Though this practice stems from good intentions (a belief that the reporting of accusers' names will make some real victims unlikely to report the... Posted on November 9, 2009 at 05:43 am by KC Johnson
Nov 1
News & Notes

Few journalists performed as poorly in the lacrosse case as Samiha Khanna. Virtually every statement in her N&O interview with false accuser Crystal Mangum turned out to be wrong. Khanna seemed not to have even bothered to do a basic reporting task-checking her interviewee's name in the N&O database-which would have uncovered not only Mangum's criminal conviction but would have proved that Mangum had lied to Khanna in claiming that she was a newcomer to the world of exotic dancing.... Posted on November 1, 2009 at 04:01 pm by KC Johnson
Oct 25
In the Can

I recently received an email from DIW reader and commenter ES Class of 1990. He reports: I got a fundraising call from a Duke Freshman this evening. This is a tried and true Duke event, in which living groups raise money for Duke and get a slice for their group or cause...I have done it myself. It is called "Dialing for Dollars." When I informed the polite young lady that I would not contribute to the university in any financial way until there had been an accounting of the behavior of the Gang... Posted on October 25, 2009 at 05:01 pm by KC Johnson

Rank This Week: 144

FourthAmendment.com

Online supplement to Search and Seizure book. By John Wesley Hall, Jr.

http://fourthamendment.com/blog/index.php?blog=1

Nov 19
SCOTUSBlog--Petition to watch on exclusionary rule

SCOTUSBlog petitions to watch 11-24-09 conference A potential exclusionary rule case, dressed in RS's clothing: Docket: 09-102 Title: Virginia v. Rudolph Issue: Did the Supreme Court of Virginia properly find, on the facts of this case, that an investigative stop was unjustified under the Fourth Amendment? Opinion below (Virginia Supreme Court) Petition for certiorari Brief in opposition Petitioner's reply Amicus Brief of the Virginia Assoc. of Commonwealth's Attorneys, et al. From the state... Posted on November 19, 2009 at 05:22 pm
Nov 17
SD: Smell of a meth lab permitted emergency entry to a house

The smell of a meth lab coming from a house justified an emergency entry into the home to look for people who could have been overcome from the fumes. A gas company worker was investigating reports of smells in the neighborhood. State v. Deneui, 2009 SD 99, 2009 S.D. LEXIS 175 (November 10, 2009): In a case of first impression, we are confronted with the question whether the community caretaker doctrine, which we previously applied to an automobile search, should also be applied to a home... Posted on November 17, 2009 at 10:16 pm
Nov 17
Fourth Amendment news

D.C.Cir. has a GPS surveillance case pending, argued today See D.C. Circuit Examines Warrantless GPS Surveillance on Blog of the Legal Times discussing the oral argument. Posted on November 17, 2009 at 02:20 pm

Rank This Week: 156

Sentencing Law and Policy

By Moritz College of Law Professor Douglas A. Berman.

http://sentencing.typepad.com/sentencing_law_and_policy/

Nov 19
Interesting report on US Sentencing Commission regional hearing in Texas

As noted in this prior post, the US Sentencing Commission today started another of its regional public hearing, this one at the University of Texas School of Law. As detailed in this official agenda (where some of the written testimony is now linked), an interesting group of invited witnesses are testifying in this regional hearing. And this new AP report, which is headlined "Dallas DA promotes implementing 'smart justice'," details some of today's hearing highlights: Implementing "smart... Posted on November 19, 2009 at 06:31 pm by Doug B.
Nov 19
Can the laboratory of the states help solve prison-crowding problems?

The question in the title of this post is inspired by this local article from Florida, which is headlined "Florida's prison problem could find a solution in Texas." Here is how the piece starts: If only Florida's economy could grow like its prisons. The state has more than 100,000 prisoners for the first time in its history. It's expected to add 14,000 in the next five years, according to the Department of Corrections. Every 1,500 new inmates need a new prison. It costs $100 million to build... Posted on November 19, 2009 at 12:30 pm by Doug B.
Nov 19
Sex offenders can now be blamed for ruining Christmas tradition

Sex offenders surely do not need any more bad press. But this new article from USA Today, which is headlined "Postal Service to block 'Dear Santa' letters to North Pole, Alaska," suggests that they might soon be blamed for ruining one of the best parts of Christmas: The U.S. Postal Service, citing security and privacy concerns of children, will no longer forward "Dear Santa" letters to the Alaska town of North Pole, putting in jeopardy the town's 55-year-old volunteer letter-answering effort by... Posted on November 19, 2009 at 06:42 am by Doug B.

Rank This Week: 158

Jami Floyd: Best Defense

Criminal law trials and news coverage from CourtTV's Jami Floyd.

http://blog.courttv.com/jami_floyd/

Jan 2
Goodbye and Thank You

One year after it began, the Best Defense Blog is no more. Today, I officially end my blogging career and close down this blog so that I can focus on our new In Session programming and blog. It has been a distinct privilege to have this forum to share my thoughts, observations, musings and analysis of the top legal stories on Court TV and elsewhere. I thank you for your readership, loyalty and insightful comments posted here. A special thank you also to my contributors CRU, Andy Cohen, Kurt... Posted on January 2, 2008 at 09:19 am by Jami Floyd
Jan 1
Omar Back

Tell the world baby, Omar Back. Omar Little (as played by Michael Kenneth Williams) utters this line as poetry in Season Two of HBO's The Wire. Omar is perhaps my favorite character on what has to be my favorite television show. Ever. That is no small sentiment in a show replete with rich soulful characters all of whom live on the precipice of good and evil. Tonight starts the fifth and final season of HBOs best show ever, indeed television's -- a show that is gripping, honest, pwerful and,... Posted on January 1, 2008 at 10:15 am by Jami Floyd
Dec 22
New Trial for Marty Tankleff

After 17 years in prison, Marty Tankleff has won a new trial. Yesterday, an appellate court vacated his sentence, imposed in 1990 after Tankleff was convicted of the brutal murder of his parents. Shortly after his parents were found butchered in their Long Island home, Marty was subjected to hours of isolation and manipulative interrogation. Ultimately Marty, just 17 years old at the time, made admissions used against him at trial, even though he had immediatley recanted. Word of the new trial... Posted on December 22, 2007 at 03:15 pm by Jami Floyd

Rank This Week: 163

Maryland Lawyer Blog

Covers criminal and personal injury topics such as auto accidents, criminal law, medical malpractice, practicing law, and products liability. By Ronald V. Miller of the Law Offices of Miller & Zois.

http://www.marylandlawyerblog.com/

Nov 18
Dodgeball Lawsuit

Deadspin has post about a boy who has filed a lawsuit over injuries suffered while on the bleachers of a dodgeball middle school. Apparently, the boy was in a car accident and had dental work done. The ball broke his new bridgework. First, I think Deadspin completely screws up by naming the boy. I cannot imagine what the point would be. The one thing that has some appeal from a plaintiffs' lawyers point of few: they were using soccer balls for the dodgeball game. That is just an awful idea. But... Posted on November 18, 2009 at 08:40 am by Ronald V. Miller, Jr.
Nov 17
How Did the Ravens Win Last Night?

I think a strong fan base was the key! Posted on November 17, 2009 at 06:22 am by Ronald V. Miller, Jr.
Nov 16
Tennessee Woman Gets Twelve Years for Sleeping with a 17 Year-Old Boy

Another Above the Law link. A former Portland High School teacher convicted of having sex with her underage teacher's aide has been sentenced to 12 years in prison. The title of the post is a little misleading. She is eligible for parole in four years. She was a teacher who slept with the student who was in high school. Maybe she should go to jail for that, she is in loco parentis and all of that. But the kid was a month from turning 18. Twelve years seems insane? Posted on November 16, 2009 at 10:44 am by Ronald V. Miller, Jr.

Rank This Week: 170

Underdog Blog

Covers constitutional law, criminal law, DUI, drugs, First Amendment and immigration. By Marks & Katz.

http://markskatz.com/blog2/serendipity/

Nov 19
Seeking full-time legal assistant.

Regular Underdog readers know that I have posted several help wanted notices during the past few months. Some were an effort to replace my longtime full-time assistant due to his always-known plan to go to law school, where he currently is at. Today's ad for a full-time legal assistant is to add to my current staff of two excellent part-time assistants. I believe in showing my proper appreciation to those who send successful job candidates my way. I print our full help wanted ad here, because... Posted on November 19, 2009 at 09:00 pm
Nov 18
Martial arts and the law.

The martial art of t'ai chi, of course, is an essential part of my personal and professional life. It turns out that some lawyers brand themselves as martial arts lawyers. Practicing in the nearby city of Fairfax, David Kaufman runs the Karate Law blog. I look forward to meeting him sometime. David Nelmark of Des Moines presents the Mixed Martial Arts blog. In Kentucky is Carl Brown, who wrote The Law and Martial Arts. It appears that martial arts law practice areas include personal injury,... Posted on November 18, 2009 at 09:10 pm
Nov 18
Alternatives to self-medication.

Many "recreational" drug users are not only using them for recreation, but to self-medicate. The following blues-fighting list from local psychologist Michael Radkowsky, though basic, is spot-on. As an aside, I met Michael through the listserv of the Horowitz-Margareten extended family; we are very distantly related. Beat the Winter Blues By Michael Radkowsky, Psy.D. Licensed Psychologist www.personalgrowthzone.com As the weather gets colder and the days get shorter, many of us experience a... Posted on November 18, 2009 at 09:00 pm

Rank This Week: 215

Federal Crimes Blog

By McNabb Associates.

http://www.federalcrimesblog.com

May 23
D.C. Police Officer Convicted on Tax Evasion Charges

Authorities have recently announced that Michael C. Irving, a homicide detective and 18-year veteran of the Metropolitan Police Department (MPD), was recently convicted of two counts of felony tax evasion.[1] The jury was unable to reach a verdict on four counts of tax evasion, resulting in the court declaring a mistrial on those counts. The jury acquitted Irving of three counts of filing false claims.[2] According to evidence submitted during trial, Irving fraudulently arranged for the MPD to... Posted on May 23, 2008 at 01:42 am by McNabb Associates, P.C.
May 20
D.C. Police Officer Convicted on Tax Evasion Charges

Authorities have recently announced that Michael C. Irving, a homicide detective and 18-year veteran of the Metropolitan Police Department (MPD), was recently convicted of two counts of felony tax evasion.[1] The jury was unable to reach a verdict on four counts of tax evasion, resulting in the court declaring a mistrial on those counts. The jury acquitted Irving of three counts of filing false claims.[2] According to evidence submitted during trial, Irving fraudulently arranged for the MPD to... Posted on May 20, 2008 at 02:54 am by McNabb Associates, P.C.
May 20
D.C. Police Officer Convicted on Tax Evasion Charges

Authorities have recently announced that Michael C. Irving, a homicide detective and 18-year veteran of the Metropolitan Police Department (MPD), was recently convicted of two counts of felony tax evasion.[1] The jury was unable to reach a verdict on four counts of tax evasion, resulting in the court declaring a mistrial on those counts. The jury acquitted Irving of three counts of filing false claims.[2] According to evidence submitted during trial, Irving fraudulently arranged for the MPD to... Posted on May 20, 2008 at 02:24 am by McNabb Associates, P.C.

Rank This Week: 229

Defending People: The Art and...

Defending People: The Art and Science of Criminal Defense Trial Lawyering

Covers criminal defense law. By Mark Bennett.

http://www.bennettandbennett.com/blog/

Nov 18
Specialty Blog: Houston DWI

It's not a blog of general interest, but if you're interested in DWI law in Houston, read lawyer Dane Johnson's Houston DWI Law Blog (a LexBlog Joint). Dane has been doing great work this week, writing successively about Houston DWI cops' blood draw training, the falsifiability of HGN results, and the coerciveness of the Harris County DWI DIVERT program. Copyright &#xc2&#xa9 2009 Mark Bennett. This feed is for personal, non-commercial use only. The use of this feed on other websites breaches copyright.... Posted on November 18, 2009 at 05:02 pm by Mark Bennett
Nov 18
Convergence: Personal Sovereignty and Google Scholar

A reader recently asked me for advice on persuading a loved one to stop believing the personal sovereignty / straw man / redemption theory / UCC-as-supreme-law-of-land hogwash. I've written about this at least a couple of times, here and here. It's frustrating because people who subscribe to this particular delusion think that all lawyers are conspiring to conceal The Truth, which the people have paid good money to learn. Any evidence to the contrary is seen as proof of the conspiracy. When I... Posted on November 18, 2009 at 04:49 pm by Mark Bennett
Nov 18
What the Hell is Wrong With the Maricopa County Criminal Bar?

As Scott Greenfield reports, Judge Gary Donahoe in Arizona has held Deputy Adam Stoddard in "indirect civil" contempt for plundering defense counsel's file. From the court's ruling: [T]his case is not about disobeying a court order. It is about protecting a defense attorney from misbehavior and harassment by another officer of the court. It is about protecting the sanctity of the attorney-client privilege. It is about enforcing the boundaries of the 4th Amendment. This Court is of the opinion... Posted on November 18, 2009 at 12:34 pm by Mark Bennett

Rank This Week: 250

Sex Crime Defender Blog

Discusses sex crime defense, including laws, regulations, court opinions, important individual cases. By Smith Law Offices.

http://www.sexcrimedefender.com/

Jul 9
A Response to Ms. Pope

Ms. Pope, in responding to my post on age of consent laws really misses my point. First, this is a blog by a criminal defense lawyer-not a political partisan (at least in this context). When I say I think the use of sex education activities by state actors in a consensual statutory rape case would be interesting-I mean exactly that. It is purely schizophrenic for the state to on the one hand be teaching youngsters that sexual choices are purely their own, how to put on condoms and here's some... Posted on July 9, 2009 at 04:55 am by Steve Smith
Jul 9
Progress on the Sex Offender Registry

This was signed into law by the Governor on June 11, 2009. While not perfect and still a continuation of the ex post facto scheme (which has been upheld by the Law Court)-but progress nonetheless. In sum, some offenders can petition to get off the registry. It is as yet unclear how this bill may affect the pending cases before the Law Court on the constitutionality of the registry. An Act To Improve the Use of Information Regarding Sex Offenders Be it enacted by the People of the State of Maine... Posted on July 9, 2009 at 04:36 am by Steve Smith
May 16
Legislation on Residency Restrictions and Registration

Well, its some progress. From the Bangor Daily News: AUGUSTA, Maine - Legislation that would restrict a community's ability to control where sex offenders live in town is headed to the full Legislature after a last-minute compromise received a favorable vote in committee on Friday. A second bill that would allow some sex offenders to petition to be left off the statewide registry also won the endorsement of the Criminal Justice and Public Safety Committee. As originally introduced, LD 385 would... Posted on May 16, 2009 at 03:01 am by Steve Smith

Rank This Week: 261

CrimProf Blog

Criminal law issues and commentary. Edited by University of Cincinnati Professor College of Law Mark A. Godsey and Michele Berry.

http://lawprofessors.typepad.com/crimprof_blog/

Nov 19
"Ohio launches new non-DNA innocence initiative"

The A.P. story is here. Posted on November 19, 2009 at 12:38 pm by CrimProf BlogEditor
Nov 19
"Middle Managers Turn to Crime Amid Downturn"

The Wall Street Journal has the article here. Here's the lead: The economic downturn has caused a global upsurge in accounting fraud and induced more middle managers to commit economic crimes, according to a study released Thursday by PricewaterhouseCoopers LLP.... Posted on November 19, 2009 at 12:29 pm by CrimProf BlogEditor
Nov 19
Craig on Criminal Law and Sexual Mores

Elaine Craig has posted Laws of Desire: The Political Morality of Public Sex on SSRN. Here is the abstract: In deciding cases that involve the intersection of criminal law and sexual mores, the courts are faced with the challenge of... Posted on November 19, 2009 at 10:01 am by CrimProf BlogEditor

Rank This Week: 274

Representing Foreign Nationals

Covers extradition and foreign evidence cases for criminal defense attorneys. By Linda Friedman Ramirez.

http://obtainingforeignevidence.blogspot.com/

Nov 18
Extradition: 11th Circuit Agrees Robbery Not Political Offense; SOL not Expired

In Pajkanovic v United States November 16, 2009, the 11th. Circuit ruled against the defendant, seeking to prevent his extradition to Bosnia Herzegovenia. The Appeals court agreed that the defendant had not established that the robbery charge was a political offense, and the fact that the offense was committed after the war, was not helpful to his claim. The court also agreed that the relevant statute of limitations was that of the United States pursuant to the terms of the treaty. "Here,... Posted on November 18, 2009 at 12:10 pm by Federal and Extradition Defense
Nov 18
Extradition: Denver Man Maintains Innocence and Argentina has Declined Extradition to Colorado

The Denver Post.com discusses the case of an American previously charged with murder of his former wife, charges dismissed, who is now living in Argentina, with a new murder charge pending in Colorado. The defendant appears to have been successful in convincing authorities in Argentina that the charges against him are without merit. "The U.S. Justice Department continues its five-year quest to extradite him in the case in which Denver police say they have "overwhelming" evidence that he killed... Posted on November 18, 2009 at 07:25 am by Federal and Extradition Defense
Nov 17
Extradition: Bahama Court Dismisses Appeal, Extradition To go Forward for Human Smuggling

An appeals court has ruled against Henry Pierre, arrested as a fugitive in the Bahamas, furthering the likelihood that Pierre will be returned to the United States, to face charges in federal court of human smuggling. The Bahamas Journal. "Henry Pierre was challenging Senior Supreme Court Justice Jon Isaacs' previous ruling, which refused a habeas corpus application. Pierre allegedly helped to load 16 illegal immigrants onto a boat headed to Florida. He was also indicted by a US grand jury for... Posted on November 17, 2009 at 09:12 pm by Federal and Extradition Defense

Rank This Week: 281

Environmental Crimes Blog

Covers environmental crimes and enforcement, from pre-trial to trial strategy. By Walter D. James III.

http://environmentalblog.typepad.com/environmental_crimes_blog/

Nov 19
Enforcement by the TCEQ is a Joke

The other day, I received an e-mail from the Texas Commission on Environmental Quality ("TCEQ"). I am a subscriber to its notification services. The e-mail screams out: "TCEQ APPROVES FINES TOTALING $816,375." You think: Wow, they are really doing something here." Then you look at the numbers. The TCEQ had approved penalties totaling $816,375.00 against seventy (70) entities for violations of Texas environmental regulations. It also touted a penalty against Conoco Philips of $243,301.00. The... Posted on November 19, 2009 at 08:48 am by Walter James
Nov 16
A Win for the Good Guys?

On Friday, October 20th, United States District Judge Henry Lee Adams conducted a post-conviction hearing and at the close of the evidence issued a ruling from the bench that immediately terminated Kassian Navigation's probation. The company had previously voluntarily accepted criminal responsibility for unknown acts of its shipboard staff in presenting a false oil record book to Coast Guard officers during an inspection at Jacksonville. Kassian through its counsel, George M. Chalos, argued... Posted on November 16, 2009 at 06:48 am by Walter James
Oct 26
A Budding Turf War???

On October 21, 2009, Senator Urbin introduced a bill that would purportedly require cruise ships and other vessels to obtain an NPDES permit to dischage sewage (toilet waste) and other waste waters. The permit would be issued by the USEPA. The question is why? The last time I looked, the Coast Guard had regulations in place that would cover these discharges. Why not step up enforcement of current regulations and not create a whole new bureauracy? More later. As always, please feel free to... Posted on October 26, 2009 at 03:58 pm by Walter James

Rank This Week: 313

New York Legal Blog

Offers information and articles related to injury and accident law, criminal law, and immigration law in New York. Published by Mark Siesel.

http://www.nylegalblog.com/

Nov 16
New York Personal Injury Case-The Deposition--Part 1

In your lawsuit for injuries suffered in a New York car crash, Bronx trip and fall, construction accident, from a defective or dangerous product or a dog bite, (to name a few examples), the single most important event in that lawsuit before the trial is known as the deposition, or "examination before trial." During the deposition, you are placed under oath, and then asked a series of questions by the defense attorneys about your personal background, education, employment history, your accident,... Posted on November 16, 2009 at 02:39 pm by Mark Siesel
Oct 27
New York Accidents--Notice Of Claim Must Be Filed When Suing Municipality

Here are three very common scenarios for prospective clients who come for their free consultation to our White Plains, New York law offices. The client was walking on a public sidewalk and tripped and fell on a defective sidewalk, suffering serious injuries. The potential client was injured in a New York car crash with a car or truck owned by a village, town or city. While entering or leaving a municipally owned building, the client slipped and fell in an area which had not been plowed,... Posted on October 27, 2009 at 04:35 am by Mark Siesel
Oct 8
Third Wrong Way Driver on Westchester County Taconic Parkway

Following the tragic Westchester County fatal car crash this past July, in which Diane Shuler killed herself and 7 others driving while intoxicated southbound in the northbound lanes of the Taconic Parkway, two other allegedly intoxicated drivers have driven the wrong way on the Taconic Parkway. First, in early September, 44 year old Bronx resident Gregorio Pena was arrested for driving two miles northbound in the southbound lanes of the Taconic in Yorktown. Pena allegedly had a blood alcohol... Posted on October 8, 2009 at 05:03 am by Mark Siesel

Rank This Week: 320

National Security Crimes Blog

By McNabb Associates.

http://www.nationalsecuritycrimesblog.com/

May 28
Another Guilty Plea in Chinese Espionage Case

Yu Xin Kang, has pleaded guilty to a charge that she aided and abetted an unregistered agent of a foreign government, in this case the People's Republic of China (PRC). This conduct constitutes a violation of 18 U.S.C. &#xc2&#xa7&#xc2&#xa7 2 and 951.[1] The criminal conduct spanned the time period of March 2007 to Feb. 11, 2008, according to a Statement of Facts filed in Court with Kang's Plea Agreement.[2] It was stated that Kang, a citizen of the PRC and a permanent resident alien of the United States, acted... Posted on May 28, 2008 at 01:06 pm by McNabb Associates, P.C.
May 14
New Orleans Businessman Pleads Guilty to Espionage Charges

Tai Shen Kuo, a New Orleans furniture salesman accused of spying for the Chinese government and providing the Chinese with information on U.S.-Taiwan military relations, has pleaded guilty to those charges.[1] Kuo, a Taiwan native and naturalized U.S. citizen, now faces up to life in prison at his sentencing on August 8, 2008.[2] However, attorneys for Kou stated that it is their belief their client would face a prison term of about 12 1/2 to 15 1/2 years.[3] Kuo pleaded guilty to a single... Posted on May 14, 2008 at 02:16 am by McNabb Associates, P.C.
May 5
U.S. Coast Guard Officer Pleads Guilty to False Statements Charge

A Chief Warrant Officer in the U.S. Coast Guard has pleaded guilty in U.S. District Court in Hawaii to one count of making a false statement, according to Ronald J. Tenpas, Assistant Attorney General for the Justice Department's Environment & Natural Resources Division and Edward H. Kubo Jr., U.S. Attorney for the District of Hawaii.[1] David G. Williams was indicted by a federal grand jury on Aug. 8, 2007, on charges that he lied to investigators regarding his knowledge of the discharge of... Posted on May 5, 2008 at 02:10 am by McNabb Associates, P.C.

Rank This Week: 347

TalkLeft: The Politics of Crime

Provides liberal coverage of crime-related political and injustice news.

http://talkleft.com

Nov 20
Former Bush DOJ Officials Back Holder on Trial of 9/11 Suspects

James Comey and Jack Goldsmith, high-ranking Department of Justice officials under Bush, have an op-ed in the Washington Post defending Attorney General Eric Holder's decision to prosecute Khalid Sheikh Mohammed and four other detainees in federal criminal court instead of a military commission proceeding. The conclusion is fine: But Holder's critics do not help their case by understating the criminal justice system's capacities, overstating the military system's virtues and bumper-stickering a... Posted on November 20, 2009 at 06:26 am by Jeralyn
Nov 19
Specter On Afghanistan

Just finished participating in a call with Senator Arlen Specter (D-PA) regarding Afghanistan. I imagine Senator Specter was a bit surprised by my questions from the more hawkish view on Afghanistan. Senator Specter's position is that he opposes troop increases in Afghanistan and even questions maintaining troops in Afghanistan unless the effort is "indispensable" to the conflict with al Qaida. (See Spencer Ackerman's coverage of the call) Senator Spector's primary opponent, Representative Joe... Posted on November 19, 2009 at 01:09 pm by Big Tent Democrat
Nov 19
Thursday Morning Open Thread

So, in my fantasy football league, I lost Ronnie Brown for the season and have nothing good at running back. What do I do? I offered up my best player, Peyton Manning, for the best deal I could get. The result? I got Tony Romo, LaDainian Tomlinson and Roy Williams for Manning (plus two throw ins.) What do you think? In other fantasy news, Maurice Jones-Drew's non-TD had a big effect in FFL World: I was one of at least two dozen non-Jaguars fans who screamed at the screens when Maurice... Posted on November 19, 2009 at 09:56 am by Big Tent Democrat

Rank This Week: 354

Arbitrary and Capricious

Covers criminal law.

http://skellywright.blogspot.com/index.html

Jul 31
Hiatus

The blog is five years old now. It's had a few good years, and a few years of gentle steady decline. It's given me a place to post about representation, depression, transitions, and a few odd obsessions (and post about the kid, dogs and cats). It's made me some excellent new friends and brought me into contact with some quite remarkable lawyers, investigators, law professors and others (if I skipped a link, look for yourself in the blogroll). And now it's time, arbitrarily, capriciously, to... Posted on July 31, 2009 at 04:59 pm by Skelly
Jul 28
"From Time Out to Hard Time"

From the New York Times: 12 and in Prison The editorial was prompted by the release of "From Time Out to Hard Time: Young Children in the Adult Criminal Justice System" by Michele Deitch of the LBJ School at the University of Texas (homeland of Grits for Breakfast). The whole report is here (pdf file). If you care about what can happen to children 12 and younger in the system, it's highly recommended. Posted on July 28, 2009 at 03:25 pm by Skelly
Jul 28
UT: cost cutters 1, indigent defense 0

From the Ogden Standard-Examiner: No more Weber attorney group for indigent After four decades defending the indigent, the Weber County Public Defenders Association will be dismantled. The Weber County Commission is moving in another direction by the end of the year in providing legal services to defendants who can't afford an attorney. The hope is to save about $100,000... Posted on July 28, 2009 at 02:25 pm by Skelly

Rank This Week: 367

Austin Criminal Defense Lawyer

Covers DWI, drugs and other criminal offenses. By Jamie Spencer.

http://blog.austindefense.com/

Nov 19
The Apple Doesn't Fall Far

One of Sam's teachers told me that he was the class clown. (When my wife was told the same thing at a parent-teacher conference, she said it must be genetic.) Sounded possibly like a bad review of his behavior, but the teacher assured me that it wasn't, that he just says things that make even his teachers laugh. And apparently at a much greater rate than most 3 year olds. He also knows how to play straight man for his twin brother. Both of them at times like to speak in lists. Here's a recent... Posted on November 19, 2009 at 08:33 am
Nov 19
BR: International Day Of Tolerance Edition

I've been busy burying myself in the finer details of achieving a one word verdict, and wholly neglected to point folks to this week's edition of Blawg Review. Posted on November 19, 2009 at 06:49 am
Nov 14
We Could Have Stayed There For Another Week

A scene from "Marijuana Inc.: Inside America's Pot Industry" included a mini-tour of Oaksterdam University, which promotes itself as the first cannabis college, providing entrepreneurs with the "highest quality training" to enter California's burgeoning marijuana dispensary business. On several walls were large red signs with yellow letters proclaiming: Jurors Can Not Be Punished For Their Verdicts An advertisement for jury nullification, albeit when considering the location, most likely... Posted on November 14, 2009 at 05:15 pm

Rank This Week: 387

Ninth Circuit Blog

Provides case summaries and commentary. By Federal Defenders of the Ninth Circuit.

http://circuit9.blogspot.com

Nov 14
Case o' The Week: Raising a Ruckes Over Car Searches: Ruckes and "Inevitable Discovery" Post-Gant

The Supreme Court's decision in Gant squelched the much-abused Belton rule, which gave the police carte blanche to search a car when a suspect within was arrested -- even if the suspect posed no danger, and was actually far away from the vehicle, in cuffs and safe in the back of a patrol car. (Gant available here). Is it too much to hope that the Gant case would also eliminate the equally-abused "inevitable discovery" doctrine, that permits the search of a car after an arrest, before a car is... Posted on November 14, 2009 at 08:44 am by Steve Kalar
Nov 10
U.S. v. Ambriz-Ambriz, No. 08-30431...

U.S. v. Ambriz-Ambriz, No. 08-30431 (11-10-09). Defendant tried to go to Canada for a medical procedure. Unfortunately for him, he was not allowed in, and when he tried to return to the United States, he was discovered to have been a previously-removed alien. He was charged under 1326. At trial, he argued that he should get an instruction for "official restraint" because he was always under surveillance. The district court denied the request, reasoning that the defendant had never left the... Posted on November 10, 2009 at 02:42 am by Jon Sands
Nov 10
U.S. v. Ruckes, No. 08- 30088...

U.S. v. Ruckes, No. 08- 30088 (11-9-09). This is a Fourth Amendment "fall out" from Gant, and the new test for searches of cars. Police stopped defendant here for driving 15 miles over the speed limit. A records check indicated that he was also driving on a suspended license. As a result, the police arrested the defendant and placed him in the police car. The police then asked him if anyone could take possession of the car and drive it away. If not, the car could be impounded under state law.... Posted on November 10, 2009 at 01:09 am by Jon Sands

Rank This Week: 388

Florida Criminal Lawyer Blog

Covers Florida criminal law news and cases. By William Ryan Moore.

http://www.floridacriminallawyerblog.com/

Nov 18
Fort Lauderdale Criminal Lawyers on Driving Under the Influence

Driving under the influence, or DUI, is a serious crime in the state of Florida, according to Fort Lauderdale criminal attorney William Moore. DUI occurs when a person operates or is in actual physical control of the vehicle - even if the keys are not in the ignition or if you are asleep in the vehicle or parked and not moving - and is impaired by the usage of alcohol or drugs. Fort Lauderdale criminal attorney Moore notes that a person can be arrested for and convicted of DUI if he or she has... Posted on November 18, 2009 at 02:12 pm by William Ryan Moore
Nov 17
CRIMINAL LAWYER IN PALM BEACH COUNTY OVERVIEW: THE CRIME SCENE LOGBOOK

Criminal Lawyers in Palm Beach County know that at the scene of a major crime, a uniformed officer is assigned to maintain a logbook at the entrance to the scene. The logbook is used to record the names, dates, and times of those persons entering and exiting the sealed area. This record is necessary for future comparison of evidence, such as footprints. The log is admissible in court as an accurate depiction of events, such as the removal of the body by the medical examiner's office and the... Posted on November 17, 2009 at 11:47 am by William Ryan Moore
Nov 16
Criminal Lawyer in Fort Lauderdale, Homicide Investigation Overview

The first officer on the scene of a homicide, or any crime scene, is most often a uniformed patrol officer. The dispatcher receives a 911 telephone call, and he assigns the case to the next patrol officer on the rotation. Depending upon the severity of the crime and the danger level, more than one officer may be assigned to the same case. Upon his or her arrival at the scene of a crime, a responding officer must first, if necessary, defend herself or others against attackers. It's then his or... Posted on November 16, 2009 at 06:23 pm by William Ryan Moore

Rank This Week: 402

Changing the Court

A chronicle of how a group of planners and practitioners are attempting to change the Bronx court system's approach to low-level criminal offending. From the Center for Court Innovation.

http://changingthecourt.blogspot.com/index.html

Nov 16
NYC Community Cleanup

NYC Community Cleanup is a new citywide initiative designed to address neighborhood hot spots and eyesores. This initiative puts low-level offenders to work repairing conditions of disorder throughout New York City. The goal is to create meaningful community service work projects that emphasize the values of immediacy, visibility, and accountability. Much like some of our community service projects in the Bronx, this great initiative attempts to bring concrete solutions to neighborhoods... Posted on November 16, 2009 at 02:37 am by Maria Almonte-Weston, Deputy Project Director
Nov 9
News From The Classroom - An Update on Services for Our Spanish Speaking Clients

From Crew Supervisor Ramon Semorile Since my last update on the enhancement of the Spanish-speaking Orientation group (where offenders have been learning about health related issues such as HIV/AIDS), I've been thinking of ways to introduce even more relevant topics to the group. As part of that effort, I reached out to Arms Acres, which is one of our partner agencies. A substance abuse program run by Liberty Behavioral Management, Arms Acres struck me as the type of organization that could... Posted on November 9, 2009 at 06:56 am by Danny Abriano, Resource Coordinator
Nov 6
The Individualized Sentencing Approach: A Response to Court Builders

From Coordinator of Court Operations Elizabeth Taylor Court Builders is an electronic forum which is frequented by planners of Community Courts. Recently, a Philadelphia court coordinator posted this question: "How can you influence an individualized approach to community service sentencing?" Specifically, his community court has fallen into the practice of recommending 24 hours (four days) of community service to all program participants, regardless of case specifics. The writer requested... Posted on November 6, 2009 at 07:47 am by Danny Abriano, Resource Coordinator

Rank This Week: 410

Judgment Day

Covers criminal court cases, sentencing issues and legislative developments.

http://www.judgmentdayblog.com/blog/

Jul 8
The legal profession can be a dangerous one

Most people don't think of the legal profession as a dangerous one. While many attorneys-especially those practicing criminal defense-have received threats from clients, more often than not it's just empty talk. I think many attorneys become numb to threatening phone messages and letters, primarily because everything has worked out fine in the past. Two stories over the last week, however, remind us to take these situations seriously. The Mercury News had this story a few days ago about Xia... Posted on July 8, 2008 at 02:59 pm by Blakely
Jul 2
Drumming Up Business

The Courier Journal had this story yesterday about the Becker Law Office, a Kentucky personal injury law firm, "giving back to the community" by offering 99 cent gasoline. The firm offered the deal to the first 250 motorists to arrive at a Chevron station, and applied a 15-gallon cap per customer. The law office's staff and employees of Peritus Public Relations were even kind enough to pump the gas. Cars began arriving at the gas station at midnight on the day in which the state increased its... Posted on July 2, 2008 at 11:27 am by Blakely
Jun 27
35-Foot High Dive, 12 Inches of Water

This guy is nuts. Colorado native Darren Taylor, aka "Professor Splash," broke his own Guinness World Record yesterday for highest shallow water dive. Taylor dove 35 feet, 5 inches into a kiddie pool filled with 12 inches of ice water. According to Professor Splash, "the pain lasts for a minute, but the glory lasts for a lifetime." Check it out: Posted on June 27, 2008 at 10:45 am by Blakely

Rank This Week: 437

Tennessee Criminal Lawyer Blog

Covers criminal law, DUI and traffic laws. By Baker Associates.

http://www.tennesseecriminallawyerblog.com/

Nov 18
Santa Claus Pleads Guilty on Child Pornography Charges

Now we know what Santa Claus does when he's not engaging in his annual, worldwide, day-long burglary spree under the pretense of bringing toys to children: possessing and distributing child pornography. Well, that is at least what one Santa Claus from New Jersey does in his spare time as evidenced by his recent guilty plea entered in federal court in New Jersey to a multitude of child sex charges. The New Jersey man, who played Santa Claus at events like parties and bar mitzvahs, admitted to... Posted on November 18, 2009 at 02:53 pm by Baker Associates
Nov 17
Falsifying a Drug Test

/**/ People may be required to take drug tests for a variety of reasons. Drug tests may be a mandatory job requirement, may be mandatorily imposed by the State of Tennessee as a result of a past conviction for certain offenses, or may be required by a health or life insurance provider. Even though drug tests are generally (but not always) known about beforehand and usually carry stiff penalties for failure, such as loss of a job or violation of probation, some Tennesseans end up in the... Posted on November 17, 2009 at 02:14 pm by Baker Associates
Nov 16
Men Use Permanent Marker to Create Burglary Disguise

One of the biggest keys to orchestrating a proper burglary would seem to be having a good disguise. For example, a burglar may wear a Bill Clinton mask while breaking into a house in order to pin the crime on the former president rather than themselves. Almost anything can be used to hide a face during a criminal activity, and almost anything has, including ski masks, underwear, paper bags, and cardboard boxes. The most important characteristics of a good disguise are twofold. First, it is... Posted on November 16, 2009 at 10:48 am by Baker Associates

Rank This Week: 440

Bad Prosecutors

Focuses on bad prosecutors and bad prosecutorial acts. By the Bennett Law Firm.

http://bennettlawfirm.typepad.com/badprosecutors/

Jul 9
How to Go to Jail Without Even Trying

[www.tuliatexasfilm.com] On July 23, 1999, undercover narcotics officer Thomas Coleman executed one of the biggest drug stings in Texas history. By the end of the blazing summer day, Coleman and his drug task force had rounded up and arrested dozens of residents of the small farming town of Tulia. Thirty-nine of the 46 people accused of selling drugs to Coleman were African American. It was a bold move by the later-named Texas Lawman of the Year. But it was exactly what many of Tulia's white... Posted on July 9, 2009 at 09:37 am by Robert Bennett
May 27
TOP 10 WORST PROSECUTORS IN THE UNITED STATES - 2008

[bennettlawfirm.wordpress.com] The ten worst prosecuting attorneys in the United States for the year 2008 are finally here! After several nominations and recommendations from interested readers around the country, combined with ample amounts of time used to examine each prosecutor, the list has finally been narrowed down to the ten most deserving nominees. This year's list includes several new nominees along with a few old ones. Added to this list are two prosecutors not quite worthy of the top... Posted on May 27, 2009 at 09:32 am by Robert Bennett
Dec 17
Ten Worst Prosecutors in the United States - Videos

Attorney General Mukasey Acting Without Principle Karl Rove: Jill Simpson Is Lyin Dana Jill Simpson Responds to Karl Rove Remove Rosenthal Harris County DA Allison Hoffman 'On the Record' Mary Lacy Press Conference Don't Voti for Foti - Campaign Ad Monica Goodling - Under Alberto Gonzales Alberto Gonzales 60 Minutes Don Siegleman - Karl Rove, Alice Martin, Luera Canary and Bill Canary, Rob Riley (son of Bob Riley) and Jill Simpson ( 3 videos) Part 1 Part 2 Part 3 Posted on December 17, 2008 at 04:30 pm by Robert Bennett

Rank This Week: 445

Boston Criminal Lawyer Blog

Boston Criminal Lawyer Blog covers topics such as felonies, violent crime, assault and battery, drug offenses, as well as wrongful convictions. Published by Altman & Altman.

http://www.bostoncriminallawyerblog.com/

Nov 19
A Night Out In Boston Results In Charges Of Rape, Attempted Murder And The Need For A Lawyer

Chris W., a 22-year-old Hanson man (hereinafter referred to as the "Defendant") spent some time in court this week and undoubtedly got to meet a nice new criminal defense attorney. The visit was occasioned by some pretty serious felony charges. You see, apparently the Defendant and a young lady (hereinafter, the "Complainant") went to Boston Saturday night. They went back to Hanson later and that is where the trouble is said to have started. Apparently, the Complainant and the Defendant had an... Posted on November 19, 2009 at 01:47 am by Altman & Altman
Nov 18
Woman Charged with Kidnapping Elizabeth Smart Pleads Guilty and Says Sorry

Wanda Eileen Barzee, the woman charged with kidnapping teenager Elizabeth Smart in 2002, has pleaded guilty to federal charges of unlawful transportation of a minor and kidnapping. The 64-year-old says she will plead guilty to state charges of conspiracy to commit aggravated kidnapping. At her court hearing on Tuesday, Barzee issued an apology to Smart for the role she played in the teenager's abduction. As part of Barzee's plea agreement, she will help prosecutors with their federal and state... Posted on November 18, 2009 at 09:26 pm by Altman & Altman
Nov 18
Charged With Embezzlement, Massachusetts Official Faces Felony Charges Of Larceny

Joseph L., 43, of Derry, New Hampshire, (hereinafter, the "Defendant") was once a happy and successful man. A father of five, he built himself up from obscurity in Brockton to the purchasing director for North Andover, Massachusetts. Now, divorced and placed on leave, he is in need of a criminal defense attorney. A court-appointed defense attorney, in fact. The week began with his turning himself in to North Andover police upon learning that there were warrants out for his arrest. According to... Posted on November 18, 2009 at 04:03 am by Altman & Altman

Rank This Week: 447

The Confrontation Blog

Covers the Confrontation Clause and developments related to Crawford v. Washington, 541 U.S. 36 (2004). By University of Michigan Law Professor Richard D. Friedman.

http://confrontationright.blogspot.com

Nov 2
Briscoe: Bottom side amicus briefs, and argument date

The Solicitor General has filed an amicus brief in support of Virginia in the Briscoe case. You can read it by clicking here. Twenty-six states and the District of Columbia have also filed a brief in support of Virginia, and you can read that one by clicking here. The argument has been set for January 11. Posted on November 2, 2009 at 09:11 am by Richard D. Friedman
Oct 26
Respondent's Brief in Briscoe

The Commonwealth of Virginia has just filed its brief in Briscoe v. Virginia. You can read it by clicking here. The reply brief is due November 25, and I believe the argument will likely be held on January 11. Posted on October 26, 2009 at 04:32 am by Richard D. Friedman
Sep 3
Joint Appendix in Briscoe

For anybody who might be interested, here is a link to the Joint Appendix in Briscoe Posted on September 3, 2009 at 10:17 am by Richard D. Friedman

Rank This Week: 454

The Real Cost of Prisons Weblog

Covers civil liberties, disenfranchisement, immigratino, sentencing, and war on drugs.

http://realcostofprisons.org/blog/

Nov 19
MT: "No One Should Go Through What I Went Through" ALCU suit on behalf of Bethany Cajune, 4 months pregnant when she was sentenced to jail for traffic violations

The following information and video is from Diana Kasdan, Staff Attorney, Reproductive Freedom Project American Civil Liberties Union about information about a lawsuit the ACLU filed today on behalf of Bethany Caj&#xc3&#xbane, a young mother who was denied medically necessary... Posted on November 19, 2009 at 02:02 pm
Nov 18
PA: Donna Pfender, Pres., Fight for Lifers West. Senate Judiciary Cmte Hearing on Prison Overcrowding and Sending Prisoners to MI

Senate Judiciary Committee Public Hearing on Prison Overcrowding November 16, 2009 Harrisburg, PA Donna Pfender, President - Fight For Lifers West Good afternoon to the Chairman, Senator Greenleaf; to the members of the Senate Judiciary Committee; to Senator Greenleaf's aide,... Posted on November 18, 2009 at 01:46 pm
Nov 18
PRISON LEGAL NEWS SUES VIRGINIA DEPT. OF CORRECTIONS OVER CENSORSHIP OF BOOKS, MAGAZINES SENT TO PRISONERS

PLN files censorship suit against Virginia Dept. of Corrections Tue Nov 17, 2009 PRESS RELEASE PUBLISHER SUES VIRGINIA DEPT. OF CORRECTIONS OVER CENSORSHIP OF BOOKS, MAGAZINES SENT TO PRISONERS Richmond, VA - Prison Legal News (PLN), a non-profit monthly publication... Posted on November 18, 2009 at 10:52 am

Rank This Week: 460

Ball & Chain

Covers prison law.

http://prisonblawg.blogspot.com/

Sep 6
Community Sentencing More Favorable Than Short Prison Sentences on Reoffending Rates

An article on the positive statistical results of community corrections in comparison with short prison stays:Perhaps most significantly, the figures also show a substantial drop in reoffending by adults who are given non-custodial sentences, with 36% of adults given community sentences now reoffending within one year. This contrasts favourably with short prison sentences, with nearly three out Posted on September 6, 2008 at 11:40 pm by lawschoolinmate
Sep 6
Georgia's Fast Track Facilities

Georgia has funded new facility designs - termed "Fast Track" - in order to deal with the prison population increase. From the Valdosta Daily:Designed to house 256 inmates, the Fast Tracks were funded by the General Assembly four years ago to address the growth in the prison population and optimize current prison infrastructure, according to a press release from the Department of Corrections. Posted on September 6, 2008 at 11:31 pm by lawschoolinmate
Sep 3
New Inmate Vocational Training Program: Murder

O, the drama...From the Wisconsin State Journal:A Wisconsin prison guard solicited an inmate to kill her former son-in-law, then framed him for prison rules violations when he refused to do it, the inmate claimed in a $2 million federal civil rights lawsuit filed Wednesday.There are so many great parts to this story. First, the payment: $2500 and a plane ticket to Hawaii, where the murder was to Posted on September 3, 2008 at 09:26 pm by lawschoolinmate

Rank This Week: 476

CYB3RCRIM3

Features observations on technology, law and lawlessness. By University of Dayton Susan Brenner.

http://cyb3rcrim3.blogspot.com

Nov 20
Electronic Indictment Issues

/**/ Normal.dotm 0 0 1 1356 7731 University of Dayton School of Law 64 15 9494 12.0 0 false 18 pt 18 pt 0 0 false false false /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-ascii-font-family:Cambria;... Posted on November 20, 2009 at 12:06 am by Susan Brenner
Nov 18
Evidence of Other Crimes

/**/ Normal.dotm 0 0 1 1439 8203 University of Dayton School of Law 68 16 10073 12.0 0 false 18 pt 18 pt 0 0 false false false /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-ascii-font-family:Cambria;... Posted on November 18, 2009 at 02:35 am by Susan Brenner
Nov 16
Authenticating MySpace Evidence

Normal.dotm 0 0 1 1411 8045 University of Dayton School of Law 67 16 9879 12.0 0 false 18 pt 18 pt 0 0 false false false /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-ascii-font-family:Cambria;... Posted on November 16, 2009 at 12:46 am by Susan Brenner

Rank This Week: 478

New Jersey Criminal Defense Blog

Covers the criminal defense of DUI, theft, and shoplifting in New Jersey. By Lependorf & Silverstein.

http://www.newjerseycriminaldefenseblog.com/

Nov 19
New Jersey Truck Driver Involved in Felony Gross Negligent Operation Case

An article discusses the recent case of a truck driver from New Jersey who allegedly caused the death of three people. According to the report, the truck driver has pleaded guilty to the felony charge against him for grossly negligent operation resulting in death. While attorneys say that they will be asking a Vermont District court judge to sentence the 42-year-old man to one to 10 years in prison, defense attorneys are said to be planning to request a suspended sentence. So what's the story... Posted on November 19, 2009 at 04:00 am
Nov 17
Jersey City 16-Year-Old Sentenced as an Adult

For a teenager to be sentenced as an adult is a serious matter which usually draws differing public opinion regarding whether justice has been served or if justice has gone too far. According to an nj.com article, a Jersey City teen, who is now 17-years-old, was 16 at the time he was arrested for holding a gun to a man's head during a robbery. On October 29, 2009 the teen received a sentence as an adult amounting to six years in prison. Whether the teen will be held with other youthful... Posted on November 17, 2009 at 04:00 am
Nov 12
Chatham Church Janitor Charged with Parish Priest's Murder

A heated topic of discussion lately has been the recent arrest of a Chatham church janitor who is accused of killing a parish priest whose body was found in the church rectory. Apparently, law enforcement in Philadelphia has been looking for the janitor since 1988 due to an alleged indecent assault of a minor. In addition to the charges that he stabbed and killed the priest at Saint Patrick Church, the 64-year-old man is also accused of having more than two aliases and using various... Posted on November 12, 2009 at 04:00 am

Rank This Week: 479

DUI Blog

Covers bad drunk driving laws, false evidence and Constitutional rights. By Lawrence Taylor.

http://www.duiblog.com

Nov 18
Are you sure the blood they tested was yours?

Let me tell you about one of our DUI cases that ended up on the front pages of the Los Angeles Times. My law firm had a young client, I'll call him "Steve", who had been arrested for drunk driving by the Los Angeles Police Department and a blood sample drawn from his arm. He swore to us that he was innocent, and after interviewing witnesses and reviewing the evidence we believed him. Problem: the blood alcohol content of the sample was .15% - almost twice the drunk driving limit. Now what? We... Posted on November 18, 2009 at 11:04 am by Lawrence Taylor
Nov 14
DUI Cop Framing Gay Drivers for Drunk Driving

I've posted in the past about how easy it is for a police officer to falsely arrest a driver for DUI and to fabricate evidence. Some of these cops carry this to extremes. These so-called "DUI SuperCops" receive awards from MADD, departmental promotions, and huge overtime paychecks for testifying in court. See, for example, DUI SuperCops and SuperCops: The Smoking Gun. And sometimes there are other reasons for the false arrests&#xe2€&#xa6 More Lawsuits Against Chicago DUI Cop Richard Fiorito Chicago,... Posted on November 14, 2009 at 10:09 am by Lawrence Taylor
Nov 11
In the “Physician Heal Thyself” Department

The endless hypocrisy of MADD's "War on Drunk Driving" continues&#xe2€&#xa6 Ohio Trooper of Year Charged With Drunk Driving Lima, OH. Nov. 10 - A state trooper in northwest Ohio who was honored by Mothers Against Drunk Driving in 1997 for the number of drunken-driving arrests he made has been charged with drunken driving&#xe2€&#xa6 Gibson was off duty Sunday when Waynesfield police say he drifted over the center lane and then refused to take a Breathalyzer test. Waynesfield is 12 miles northwest of Lima.... Posted on November 11, 2009 at 05:37 am by Lawrence Taylor

Rank This Week: 480

Bluhm Blog

Features discussions on clinical education, justice and legal reform. Professor Steven Drizin.

http://blog.law.northwestern.edu/bluhm/

Oct 31
Rosemary Lehmberg Does the Right Thing

Kudos to Austin, TX DA Rosemary Lehmberg for agreeing to drop the charges against Michael Scott and Robert Springsteen in Austin's most infamous unsolved murder/rape case -- the Yogurt Shop murder case. True, Ms. Lehmberg did not fully exonerate the men. True, she announced that she was still confident in their guilt. But her decision in the wake of the discovery of unknown DNA on several of the four teenage victims who were raped and murdered and then set ablaze is still praiseworthy. The... Posted on October 31, 2009 at 12:05 pm by Steven Drizin
Jul 3
What's a prosecutor to do?: Rosemary Lehmberg and the Yogurt Shop Murder Case

It's one of the most infamous false confession cases in the annals of false confessions. It's also a case of unrequited innocence as the two defendants who falsely confessed over eight years after the murders, still remain wrongfully convicted. But the magic of DNA evidence, coupled with excellent legal work, has finally resulted in the release of Michael Scott and Robert Springsteen, who, like the four female victims, in the Austin Yogurt Shop murder/rape cases, were only teenagers when the... Posted on July 3, 2009 at 09:14 am by Steven Drizin
Apr 13
Trial by stealth

My colleagues are today starting the third trial in the Juan Rivera case, and I have been monitoring the media coverage with great interest. In a WBEZ story aired this morning, a couple of statements attributed to prosecutors in Lake County (Illinois) raised my hackles. By way of very brief introduction, Lake County is continuing to prosecute Juan Rivera for the rape and murder of an 11-year-old child in 1992 even though DNA evidence has excluded him as the source of the semen found in her... Posted on April 13, 2009 at 01:03 pm by Karen Daniel

Rank This Week: 484

Second Circuit Blog

Feature case summaries and commentary by the Federal Defenders office in New York City.

http://circuit2.blogspot.com

Nov 14
Bye-Bye Baby

United States v. Hasan, No. 08-4921-cr (2d Cir. November 10, 2009) (Cabaranes, Sack, CJJ, Rakoff, DJ) Syed Hasan was convicted of a number of crimes in connection with his successful scheme to kidnap his infant son and spirit the child off to India. He appealed on a number of grounds. This long opinion covers little new ground, but closes one open question. In preparation for the kidnapping, Hasan applied for a passport for the child. In the application, he falsely gave his brother's address in... Posted on November 14, 2009 at 03:40 am by Steve Statsinger
Nov 14
The Things We Do For Love

United States v. Caraballo, No. 08-4640-cr (2d Cir. November 5, 2009) (Leval, Raggi, Livingston, CJJ) Gilberto Caraballo was a large-scale drug supplier in the Sunset Park section of Brooklyn. In September of 2000, he started dating Quincy Martinez, former girlfriend of Jose Fernandez, a dealer who worked for Caraballo. Three months into their relationship, Martinez asked Caraballo to murder Fernandez because he had been abusive toward her. Caraballo answered, "Say no more." Caraballo recruited... Posted on November 14, 2009 at 02:51 am by Steve Statsinger
Nov 14
Summary Summary

Two summary orders of interest: In United States v. McDarrah, No. 07-1849-cr (2d Cir. November 5, 2009), a child enticement case, the district court admitted opinion testimony from an FBI agent that was improper in two ways. First, the agent used "we" to preface one of his opinions, which suggested that the opinion was based on his and other agents' collective knowledge and experience, and thus was "specialized knowledge" and not a "lay" opinion. Second, the agent expressed his opinion that the... Posted on November 14, 2009 at 02:40 am by Steve Statsinger

Rank This Week: 496

Criminal Defense Law with an Apple...

Criminal Defense Law with an Apple

Looks at OSX in a criminal law firm. By Aaron A. Pelley.

http://lawwithanapple.com/

Nov 10
What’s New

Well things have been quiet at Law With an Apple. We have been clicking along without much to say but I thought I would give a quick update on what's new (or the same). I have been very happy with Dropbox and have nothing to report except smooth sailing. We still love our Scan Snap and Adobe tools. I was also given a nice workaround for my gripes with the Scan Snap courtesy of Finis Price. Thanks Finis. Check out his blog, Techno Esquire. I ordered the new Magic Mouse. I love it. But mostly... Posted on November 10, 2009 at 06:09 pm by admin
Oct 14
New Blog: Law On My Phone

Came across the blog Law On My Phone. The blog covers a iPhone hardware/software and shows a lot of promise. Most recent post was on Google Wave. Although I think Google Wave's applications to Criminal Defense Lawyers is far more limited, I am still looking forward to checking out this new product from Google and seeing what tools can be integrated into our firm. Posted on October 14, 2009 at 12:29 pm by admin
Oct 13
Fix the ScanSnap

Today I was going to upgrade my OS to Snow Leopard. Literally minutes before I was going to shove the Snow Leopard disk into my iMac, I got an email from my friend Jonathan, a Lynnwood DUI Lawyer. Jonathan asked whether ScanSnap was compatible with Snow Leopard. I thought to myself, why wouldn't it be? I typed in ScanSnap and Snow Leopard into Google and&#xe2€&#xa6boo. I have posted numerous times on my love affair with the Fujitsu ScanSnap. But this is really sad. The fact that it has still not been... Posted on October 13, 2009 at 02:21 pm by admin

Rank This Week: 498

RICO Law Blog

Covers RICO law damages, discovery, pleadings and case statements. By Thomas G. Walker.

http://www.ricolawblog.com/

Oct 16
Federal Judge boots RICO "Finagling" Case

A federal court judge in Oregon dismissed an unusually pled case on October 9, 2009. In Arunga v. ACLU et al., 2009 WL 3274784 (D.Or.), plaintiffs James Aggrey-Kweggyirr Arunga and Doreen H. Lee sued 100 defendants asserting vague wrongdoings, including RICO violations. In a complaint over 90 pages long, plaintiffs' allege the following: "Nihilism;" "Racketeering;" "Bivens;" "Porno Finagling;" "Obstruction of Justice;" "Finagling Panjandrum at Law;" "Hired Hate Criminal and Hired Hit Person... Posted on October 16, 2009 at 05:47 am
Oct 1
Civil RICO suit against Toyota

Greg Webb posted on InjuryBoard.com that a federal judge in Los Angeles has refused to seal a wrongful termination lawsuit filed by Dimitrios Biller, a former in-house attorney for Toyota Motor Sales USA Inc. Biller claims Toyota hid and destroyed evidence in many rollover lawsuits. While Toyota argues the suit violates the confidentiality agreement in Biller's severance package and will cause the company to suffer more harm if the complaint is not sealed, the judge ruled it would be pointless... Posted on October 1, 2009 at 12:58 pm
Sep 24
Justice Should Investigate ACORN For RICO Violations

In a letter to Attorney General Eric Holder, Senator David Vitter argues that ACORN's alleged misdeeds warrant a Racketeer Influenced and Corrupt Organizations (RICO) investigation into its business practices. A probe of that magnitude - potentially the most aggressive investigation requested by any ACORN critic to date - would permit investigators exceptional leverage in rooting out any criminal wrongdoing. "The recent reports and video footage of ACORN workers from various cities and states... Posted on September 24, 2009 at 06:27 am

Rank This Week: 502

Defending Those People

A public defender blog. By Albert Clifford.

http://indigentaccused.blogspot.com

Aug 5
Why Fight for Those People?

I haven't written forever, but have been busy. One thing is on my mind about the job and that is the motivation behind the job now that I'm well into it. Sometimes one would wonder, is the job worth it? Will I do this forever? I am sure this is not a unique thing for indigent criminal defenders. Of course many people have to question their jobs, heck, especially when in this economy people are laid off. It is good to keep things in perspective, how bad things could be. I wonder when or if it... Posted on August 5, 2009 at 05:25 pm by ACS
May 6
The Challenging nature of PD work

I've been far too busy lawyering to post anything coherent, but I love using my own site to contain all the other sites I like to read, so I'll keep this up, even if I post rarely. One thing to post: it is extremely expensive for our society to scrimp on providing effective counsel for poor people facing prison. Why? I save hundreds of thousands every month in unnecessary prison costs by saving clients, but when I fail it is often because I have far less time than I need to be as effective as I... Posted on May 6, 2009 at 05:11 pm by ACS
Oct 11
Vote for Barak Obama November 4th

The choice couldn't be more clear. McCain is such a liar: Evaluating McCain's misleading ads Obama brings hope for change. McCain is hoping to win because he can confuse people into accepting the big lie that Obama is Muslim, Arab, a terrorist, or Iraq was connected to 9/11. There's no doubt that there will be problems even with Obama. Things have been too messed up for too long to be quickly fixed. But an Obama administration has a much better chance to improve our country and return us to the... Posted on October 11, 2008 at 01:14 am by ACS

Rank This Week: 506

Puerto Rico Association of...

Puerto Rico Association of Criminal Defense Lawyers

Covers appellate practice, Apprendi, bifurcation, capital cases, civil rights, confrontation clause, evidence, and more.

http://pracdl.typepad.com/pracdl/

Oct 18
PRACDL & Federal Public Defenders Office Seminars on October 23, 2009

This coming Friday, October 23, 2009, Puerto Rico Association of Criminal Defense Lawyers and the Federal Public Defenders Office will be sponsoring seminars on the Fourth Amendment and Deconstructing the Federal Sentencing Guidelines. Where: Casa Ol&#xc3&#xadmpica (Old YMCA), Old San Juan The Morning Session is sponsored by Puerto Rico Association of Criminal Defense Lawyers (PRACDL), and the afternoon session is sponsored by the Federal Public Defender's Office. You must register separately for each... Posted on October 18, 2009 at 01:32 am by Tom Lincoln
Sep 29
Looking for a Few Good Men and Women

Yes, the PRACDL blog is in need of a few members who want to dedicate a little of their time to blogging. I'll give you the basic training, although it is all pretty intuitive. Send me an email. You've got my address. Tom Sent via BlackBerry by AT&T Posted on September 29, 2009 at 01:33 pm by Tom Lincoln
Sep 29
PRACDL Blog Redesign in Progress

I was tired of the look of the blog, and think it kept me from wanting to post more, so I'm giving this place a makeover. Also keeping me away from blogging more is the fact that I do most of my posting now via the PRACDL Group listserv (members only), where we get much more membership interaction, keeps me busy enough to be only too tempted to stay away from the blog. So maybe I'll get going again with the new look and "entertaining" myself reorganizing all the links, adding some, deleting... Posted on September 29, 2009 at 11:42 am by Tom Lincoln

Rank This Week: 536

Abolish the Death Penalty

Covers capital punishment.

http://deathpenaltyusa.blogspot.com/index.html

Oct 9
World Day Against the Death Penalty

"Shouting from the Rooftops" on World Day Against the Death Penalty October 8, 2009 October 10th marks the sixth anniversary of World Day Against the Death Penalty, an event begun by the World Coalition Against the Death Penalty to urge countries around the world that still implement capital punishment to abolish it. We hope you can join us in observing World Day Against the Death Penalty this year by joining our "Shouting from the Rooftops" campaign. Read the article about Cameron Todd... Posted on October 9, 2009 at 08:37 am by abe@abolition.org
Sep 22
Shouting from the Rooftops!

Posted on September 22, 2009 at 06:52 pm by abe@abolition.org
Mar 31
Cesar E. Chavez... The Path to Nonviolence

/**/ Normal 0 false false false MicrosoftInternetExplorer4 st1:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400;... Posted on March 31, 2009 at 01:30 am by abe@abolition.org

Rank This Week: 538

drugcrimedefender

Covers drug crime news and legal developments. By the Smith Law Offices.

http://www.drugcrimedefender.com/

Sep 28
Canadian Prisoner Exchanges

Here on the Canadian border, it can be very helpful to have the option for Canadian clients to have the option of going back home on a "prisoner exchange." Essentially, after serving 1 year in an American jail, a Canadian can apply to be exchanged for an American prisoner (in the Federal System). Attached is the Canadian Embassy's publication on the prisoner exchange program. Another key aspect of the program is that the U.S. Attorney has to agree-so it helps to have been on their good side... Posted on September 28, 2008 at 11:32 am by Steve Smith
Aug 14
GPS Tracking on the Uptick

I have noticed that the police are increasingly using GPS tracking devices to obtain evidence of drug activity. The typical pattern is for the police to draft an affidavit describing the suspected drug activity "based on my training and experience" and seek permission to place a secret GPS transmitter on the vehicle-even including court permission to hardwire the device to the vehicle's power source. In the past year it seems that GPS has become almostthe norm in my drug cases. The technology... Posted on August 14, 2008 at 12:25 am by Steve Smith
Apr 18
Top Drug Prosecutor Under Investigation for Child Porn

This goes with my experience that sex cases cut accross all socioeconomic lines and are not confined to stereotypical drooling monsters hiding in the trailer park. From the Bangor Daily News: An assistant attorney general who's reportedly under investigation for alleged possession of child porn has been fired. Officials say James Cameron, who's in charge of the Maine's drug prosecutors, was fired Friday after a lengthy investigation. WGME-TV reported a day earlier that Cameron was subject of an... Posted on April 18, 2008 at 01:59 pm by Steve Smith

Rank This Week: 562

A Public Defender

Covers federal and Connecticut criminal laws, constitutional rights, euthanasian, abortion, Megan's Law and the death penalty.

http://publicdefender.typepad.com/public_defender_blog/

Apr 17
Asides

I'm adding a new feature today, one that I've wanted to for a long time. Since this is still my personal blog, and there are stories of interest out there that are not law-related, I've created a category called asides, wherein I will post links to stuff that interests me. Right now, you can tell that it's an aside, because it does not have any formatting and looks pretty ugly. I'm going to try and get the CSS tweaked so it looks different, but no guarantees. You can still leave comments. The... Posted on April 17, 2008 at 07:02 pm by Gideon
Apr 17
Black hole woke up

for feeding in the 18th century ShareThis Posted on April 17, 2008 at 06:38 pm by Gideon
Apr 16
Oh, those crazy interns

This is some of the oddest "testimony" before a legislative committee. From CT News Junkie: "From liquor and smoking in a state facility, from sex in actual offices to kickbacks from lobbyists&#xe2€&#xa6" [Michael] Marsulo said. More than one legislator joked that they would like to know where the sex is happening so they could get some and many were asking each other if they were part of the 80 percent or the 20 percent. Former Lt. Gov. Kevin Sullivan of West Hartford told the intern Tuesday that in... Posted on April 16, 2008 at 05:54 pm by Gideon

Rank This Week: 567

Public Defender Stuff

By the Public Defender Investigator Network.

http://pdstuff.blogspot.com/index.html

Jun 1
'Ipse Dixit: 1; Prosecution: 0"

From public defender blogger Ipse Dixit: Closed my first trial today. The jury had the case for 25 minutes... and returned a NOT GUILTY VERDICT!!!!! Wooohoooo!! I am so exhausted at the moment I cannot write anymore. I will try and post something more interesting soon. ... Posted on June 1, 2007 at 04:13 am
Jun 1
New PD Blog Posts

New posts on public defender blogs since Thursday morning: Arbitrary and Capricious audacity Capital Defense Weekly Cook County Public Defenders Do Not Pass Geaux Hammers and Scales Infinity Ranch Injustice Anywhere&#xe2€&#xa6 Ipse Dixit Jay Of a Public Defender's Life a public defender A Public Defender's Journal A Public Defender's Life in Alaska The Rural Bus Route Swan Lake Samba Girl Woman of the Law Ninth Circuit Federal Defender Blog ... Posted on June 1, 2007 at 03:56 am
May 31
Adios Y Gracias Por Todos Los Pescados*

* So Long And Thanks For All The Fish After more than 8 years as an investigator for the Colorado Public Defender, the time has come to move on. So here's my first announcement: I'm moving to Moscow, Idaho, where I will be an investigator at the Capital Habeas Unit of Federal Defender Services of Idaho. I am very excited by this opportunity, and I'm really looking forward to working with such an incredible and dedicated group of people. But what to do about PD Stuff? At the very least PD Stuff... Posted on May 31, 2007 at 08:01 pm

Rank This Week: 569

Eyewitness Identification Reform...

Eyewitness Identification Reform Blog

Covers faulty eyewitness identifications in the American criminal justice system.

http://eyeid.blogspot.com/index.html

Jan 15
We've Moved

The Eyewitness ID Blog has moved over to Wordpress. Check us out at the new location. Posted on January 15, 2008 at 03:27 am by Ben Hiltzheimer
Jan 3
Another Dallas Man to be Exonerated after 27 Years in Prison

As we've mentioned before, Dallas County leads the country in wrongful convictions. Most of those wrongful convictions resulted from faulty police lineup procedures. Yesterday, the number of wrongfully convicted individuals to be freed as a result of DNA testing in Dallas County grew to 15, as news broke that DNA proved that Charles Allen Chatman could not have committed the rape for which he Posted on January 3, 2008 at 01:47 am by Ben Hiltzheimer
Dec 13
Another Georgia Man Exonerated, Will Appear before Eyewitness Reform Committee Two Days after Release

Another Georgia man was exonerated by DNA evidence yesterday, after serving nearly 30 years in a state prison for a rape he did not commit. Like the six other men exonerated in Georgia since the Innocence Project started digging through old cases, John Jerome White was convicted on the basis of mistaken eyewitness testimony.Tomorrow, two days after his release from his decades-long prison term, Posted on December 13, 2007 at 02:34 am by Ben Hiltzheimer

Rank This Week: 580

Southern California Defense Blog

Covers criminal defense law issues and topics. Published by Southern California criminal defense law corporation, Wallin & Klarich.

http://www.southerncaliforniadefenseblog.com/

Nov 19
Lancaster Reckless Driving and DUI Lawyers

Situated in Southern California's Antelope Valley, the city of Lancaster is the ninth fastest growing city in the United States. It is no surprise then, that Lancaster is the eight largest city in Los Angeles County with an approximate population of 145,243. Lancaster is well-known for attracting various national and local companies from an array of businesses and industries. Also a major draw of Lancaster for businesses and potential homeowners is its business-friendly guidelines and low-cost... Posted on November 19, 2009 at 06:00 am by Southern California Criminal Defense Attorney
Nov 19
California Court Rules that Search of a Computer Not Specifically Mentioned in Search Warrant, Violated Defendant's Rights

Police obtained a warrant to search the property of a defendant thought to be a drug dealer. While in the house executing the search warrant, police officers decided to also search the defendant's computer and discovered child pornography. As a result of the search of the computer, the homeowner was charged with unlawful possession of child pornography. Although the search warrant did not specifically authorize a search of any computers, the trial court denied the defendant's motion to suppress... Posted on November 19, 2009 at 06:00 am by Southern California Criminal Defense Attorney
Nov 18
A Person Who is Charged with Assault with a Deadly Weapon May Be Surprised When their Driving Privilege is Suspended for Life

In some situations, being convicted of assault with a deadly weapon may result in serious penalties. Most people are generally aware of the potential consequences associated with a conviction for assault with a deadly weapon. A person convicted of assault with a deadly weapon may be unfortunate enough to get a lifetime suspension of driving privileges by the Department of Motor Vehicles. Under California law, the Department of Motor Vehicles must suspend for life the driving privilege of a... Posted on November 18, 2009 at 06:00 am by Southern California Criminal Defense Attorney

Rank This Week: 600

South Carolina Criminal Defense...

South Carolina Criminal Defense Blog

Covers appellate opinions, DUI and DWI issues, ethics, police misconduct cases, and wrongful convictions. By Myrtle Beach, South Carolina criminal and DUI defense lawyer, Bobby G. Frederick.

http://www.southcarolinacriminaldefenseblog.com/

Nov 18
The other side

Remy Orozco gets harrassed by the cops, and Paul Kennedy shares his experience not getting selected as a juror. Posted on November 18, 2009 at 08:11 pm by Bobby G. Frederick
Nov 17
Candor to the court

Yesterday as I waited for my client's case to be called at a preliminary hearing in Georgetown (edit: a preliminary hearing is a probable cause hearing, where only the officer is permitted to testify and a magistrate determines whether there is probable cause to support the arrest), I watched as another attorney argued to the magistrate that his case should be dismissed because the officer had not provided him with a chemist's report prior to the preliminary hearing as required by Rule 6 of the... Posted on November 17, 2009 at 08:59 pm by Bobby G. Frederick
Nov 16
Louisiana Capital Appeals Project director accused of embezzlement

The director of the Capital Appeals Project in New Orleans, Louisiana apparently resigned this month amid allegations of embezzlement: The director of a nonprofit death penalty appeals agency abruptly resigned this month as state officials were headed to his New Orleans office to inspect the financial records he kept, later finding at least $100,000 in state and other public funds unaccounted for. Jelpi Picou, an attorney hired in May 2004 by the Louisiana Public Defender Board to run the... Posted on November 16, 2009 at 07:59 pm by Bobby G. Frederick

Rank This Week: 601

Kansas Defenders

Forum for discussion about issues and appellate decisions of interest to Kansas defenders.

http://kansasdefenders.blogspot.com/index.html

Nov 17
Governor issues pardon

Here is a Lawrence Journal World article reporting that the KU Defender Project helped Samuel Jarvis Hunt obtain a pardon of his 1969 Sedgwick County robbery conviction. The article sets out the history and background of the case: For some observers, Hunt's pardon represents a righting of a wrong that highlighted tension in Kansas, and in the country, in the 1960s. Hunt, along with seven other black defendants from Kansas known as the "Wichita 8," was convicted of robbery by an all-white jury.... Posted on November 17, 2009 at 08:39 am by Randall Hodgkinson
Nov 10
Petitions for Review granted

On November 5, 2009, the KSC granted petitions for review in the following criminal cases: State v. Walker, No. 99,457 (Kan. App. Feb. 27, 2009) Issues presented: 1. Whether there was reasonable suspicion for police to detain Walker 2. Whether the extension of the investigatory stop was an illegal detention. 3. Whether the discovery of the warrant cured the extension of the detention. State v. Stieben, No. 99,446 (Kan. App. Feb. 13, 2009) (unpublished) Issues presented (1) Illegal stop - fog... Posted on November 10, 2009 at 07:13 am by Carl Folsom
Nov 2
Speedy acquittal in theft case

Lacy Gilmour won recently in State v. Mitchell, getting an acquittal in a Sedgwick County theft prosecution in less than 20 minutes. Here is Lacy's decription of the case. Thanks to What the Judge Ate for Breakfast for the tip. Posted on November 2, 2009 at 04:08 am by Carl Folsom

Rank This Week: 603

Dallas Criminal Defense Lawyer...

Dallas Criminal Defense Lawyer Blog

Discusses topics related to DWI, criminal defense, traffic tickets, CDL defense, open records, Texas laws, and the War on Drugs. By Dallas, TX criminal defense attorney, Robert Guest.

http://www.dallascriminaldefenselawyerblog.com/

Nov 20
Kaufman Bar Meeting- Elections and Insurance Disclosures

This past Wednesday was the final Kaufman County Bar meeting for 2009. What a difference a year makes. One year ago there was about a dozen lawyers at what was probably the 5th meeting of the year when Tracy Booker, myself, Keena Greling, and Lisa Gent were elected to office. Largely due to the hard work by President Booker and Secretary Greyling 2009 saw monthly meetings, each with CLE (and lots of those hard to get ethics hours) and a huge spike in attendance. Things are looking up, and more... Posted on November 20, 2009 at 04:06 am by Robert Guest
Nov 15
Are Constable Raffles Illegal?

I was quoted in DMN today for an article on the Dallas Constables allegedly selling raffle tickets to finance their campaigns. My entire contribution, soup to nuts, was Robert Guest, a local criminal defense lawyer, said he believes the state's anti-gambling law prohibits elected officials from using raffles to raise campaign money. How did I come to that conclusion? It should come as no surprise that I've never actually represented someone for illegal raffling. Such prosecutions are rare. In... Posted on November 15, 2009 at 09:25 am by Robert Guest
Nov 8
I rather have a bottle in front of me than a LEO Phlebotomy

In an era of swine flu you would think that drawing blood in a jail, which are usually full of staph and other nasty bugs, would be verboten. Unfortunately police departments across Texas are giving cops a crash course in needle work and setting them loose to prey on the driving public. Does the Constitution provide any protection from police station blood draws? Or will we add yet another DWI exception to the Bill of Rights? This brings us to our case of the day from the Fort Worth Court of... Posted on November 8, 2009 at 04:49 pm by Robert Guest

Rank This Week: 613

Death Penalty

Get the latest news on the death penalty in the United States and worldwide, and learn how you can work with Amnesty International USA to abolish capital punishment.

http://blogs.amnestyusa.org/death-penalty

Nov 5
This is Our Last Post! Subscribe to the New Amnesty Blog

Dear Reader,This is our last post to the Amnesty International Death Penalty Blog. We are discontinuing our issue-based blogs to launch one new Amnesty International Blog, Human Rights Now, that will cover all human rights news and opportunities for you to make a difference. Check it out today for the latest Death Penalty and human rights news and be sure to subscribe so you won't... Posted on November 5, 2008 at 08:31 pm
Nov 4
Innocence and the death penalty

The recent execution of Gregory Wright in Texas reminds us that possible innocence will not always shield an inmate from the death chamber. Gregory Wright was convicted of murdering Donna Vick in 1997 along with accomplice John Adams. Mr. Wright consistently maintained his innocence, passed a polygraph test in which he stated that he did not murder Donna Vick, and Mr. Adams signed a statement... Posted on November 4, 2008 at 07:04 pm
Oct 31
When Victims and their Familes are Against Capital Punishment

A district attorney in North Carolina will seek the death penalty despite opposition to capital punishment by the victim and her family. Orange County District Attorney Jim Woodall announced in August that he would seek the death penalty for the murder of Eve Carson, former student-body president of the University of North Carolina. Woodall will do so in spite of evidence that Carson... Posted on October 31, 2008 at 07:36 pm

Rank This Week: 638

Reasonable Doubts

Features ramblings and musings of a common trial lawyer. By Todd Taylor.

http://thecommonlaw.blogspot.com/

Apr 14
How Many Angels Can Dance on the Head of a Pin?

Via QuizLaw. Posted on April 14, 2008 at 09:45 am
Apr 1
Diebold Accidentally Leaks Results Of 2008 Election Early

Posted on April 1, 2008 at 01:40 pm
Mar 30
Super Obama Girl to the Rescue!

Posted on March 30, 2008 at 06:05 pm

Rank This Week: 641

Ohio Death Penalty Information

Covers news and information related to the death penalty in Ohio.

http://ohiodeathpenaltyinfo.typepad.com/ohio_death_penalty_inform/

Oct 5
Time for ODPI to check out: Due to a...

Time for ODPI to check out: Due to a growing inability to maintain this blog in a consistent manner, ODPI is hereby discontinued. While it's extremely difficult to depart with many promising new developments happening here, a pretty strong intuition says this is exactly the right time for me personally to step aside from the Ohio abolition milieu. (Apologies for my neglect in not getting a statement posted sooner. It's been a struggle coming to terms with having to let go after much work trying... Posted on October 5, 2007 at 06:01 am by STaylor
Sep 25
More on US Supeme Court ruling to...

More on US Supeme Court ruling to consider constitutionality of lethal injection: Robert Barnes has coverage for the Washington Post here. David Stout has this article in the New York Times. Jim Malone has this coverage for Voice of America. VOA excerpt: ...Whichever way the Supreme Court rules could have a far-reaching impact on the use of lethal injection to carry out capital punishment sentences in the United States. Richard Dieter is executive director of the Death Penalty Information... Posted on September 25, 2007 at 12:48 pm by STaylor
Sep 25
US Supreme Court Agrees to Consider Constitutionality of Lethal Injection

The U.S. Supreme Court today agreed to hear the Kentucky case of Baze v. Rees, which challenges the constitutionality of Kentucky's standard 3-drug lethal injection protocol. This has potentially huge ramifications. Although the Supreme Court ruled last term that death row inmates have the right to challenge the constitutionality of methods of execution, this will be the first occasion for the court to actually consider whether lethal injection as practiced by most states violates the 8th... Posted on September 25, 2007 at 08:43 am by STaylor

Rank This Week: 644

Fight 'Em 'Til We Can't

A Montana criminal defense blog.

http://mtcrimlaw.com

Jul 1
The Sweet Sound of “Not Guilty”

I saw a jury deliver a "Not Guilty" verdict today. I had nothing to do with the case but it was still an exhilarating moment. There's nothing quite like that tension, anxiety, and fear in those moments when the judge asks the jury if they have reached a verdict, and the foreperson responds, "yes, your honor, we have." You're on the edge of your seat, heart racing, searching the faces of the jurors to pick up any sign of what they are going to say, and then, simple as that, there it is: "Not... Posted on July 1, 2009 at 08:28 pm by tc
Sep 21
Woman finds ‘Goldilocks’ snoring in her son’s bed

Judge Susan Watters set bail at $5,000 after rejecting a request that he be released without bail. Public defender Richard Phillips, who made the request, said Mullins had been receiving mental-health counseling. @. Posted on September 21, 2008 at 03:12 pm by tc
Sep 21
Bail set for youth held in Huntley arson

Sampson argued that the high bond sought by prosecutors was "disproportionate" to the allegations and "simply more fuel to the emotional fire." She asked the judge to consider releasing Victoria to the custody of his parents, who attended the hearing, or an aunt who lives in Billings. @. Posted on September 21, 2008 at 03:11 pm by tc

Rank This Week: 657

DUI Blogger

This blog covers DUI law, science, and policy. Topics include celebrity DUI arrests, DUI consequences, and DUI legislation. Published by Southern California criminal defense lawyer, Neil Shouse.

http://www.duiblogger.com/

Nov 20
Anonymous DUI Tip Could Result in a 15-Year Sentence

Scott Caulfield faces up to fifteen-years in state prison and up to $100,000 in fines for felony charges of possessing a controlled substance and misdemeanor DUI&#xe2€&#xa6charges that were based on an anonymous caller's tip. The caller reported that Caulfield almost hit her and her husband head-on, causing them to swerve into a ditch to avoid the accident. The caller provided a description of Caulfield's car as well as his location. With that, officers stopped Caulfield's car and began a DUI... Posted on November 20, 2009 at 10:06 am by Shouse Law Group
Nov 19
Southern California DUI Sobriety Checkpoint Schedule for 11/20 & 11/21

This weekend, there are at least four California DUI sobriety and driver's license checkpoints scheduled to take place. Typically, cops need a reasonable suspicion or probable cause before they can initiate a traffic stop. In order to get around this strict legal requirement, courts have classified DUI roadblock investigations as "administrative" rather than criminal. Although our government is generally doing a good job of depriving suspected DUI drivers of their rights, sobriety checkpoints... Posted on November 19, 2009 at 11:16 am by Shouse Law Group
Nov 18
Weaving within a Lane -- Probable Cause for a DUI Stop?

It actually depends. Unless there is "pronounced weaving" for a "substantial" distance, witnesses by a "seasoned" officer, the answer will be no. Good news for many California DUI suspects. This is because many officers will admittedly pull over suspected drunk drivers because they are weaving within their lanes. This, the police believe, is a DUI cue, warranting further investigation. But courts have held that this does not rise to the level of probable cause that is necessary to pull a driver... Posted on November 18, 2009 at 11:18 am by Shouse Law Group

Rank This Week: 663

White Collar Crime Prof Blog

By Stetson University Law Professor Ellen S. Podgor.

http://lawprofessors.typepad.com/whitecollarcrime_blog/

Nov 19
Shelnutt - Not Guilty

The U.S. Attorney's Office for the Southern District of Georgia has their press release telling the world of a 40 count indictment of a Columbus, Georgia attorney. But no where on the website is the fact that a jury acquitted... Posted on November 19, 2009 at 11:26 am by White Collar Crime Prof Blogger
Nov 15
Finding TARP

The Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) emphasizes transparency, but it did take me some time to find the website that told me what was going on in this office. It is easy... Posted on November 15, 2009 at 09:02 pm by White Collar Crime Prof Blogger
Nov 13
Breaking News: William Jefferson Sentenced to 13 Years

Guest Blogger: Tiffany M. Joslyn, National Association of Criminal Defense Lawyers (NACDL) U.S. District Judge T.S. Ellis III has sentenced ex-congressman William Jefferson to 13 years in prison for his conviction on 11 counts of public corruption. See breaking news... Posted on November 13, 2009 at 03:13 pm by White Collar Crime Prof Blogger

Rank This Week: 669

The Matlock Blog

Features insights, updates and news about Criminal Law in Texas and the United States Fifth Circuit. By Shawn Matlock.

http://matlock-law.typepad.com/the_blog/

Nov 12
An open letter to Mike Ilitch, Detroit Tigers owner

No, this has nothing to do with law or elections or anything like that. This is being written because this blog receives an average of 1400 hits per week, and with any luck, someone somewhere will pick it up and send it to Mr. Ilitch. Dear Mr. Ilitch, I know being the owner of a professional sports team in Detroit in this economy can't be that easy. (Well actually, I don't know that for sure, but I'm just guessing.) And before I go any further, I have to commend you for your persistence in... Posted on November 12, 2009 at 01:14 pm by Shawn Matlock
Nov 8
If justice is blind, does she still poll the voters?

To the judge or to the jury, that is the question. This is not so much a legalistic interpretation of Hamlet's preeminent line, but rather the conundrum of the modern day criminal defense attorney. You see, in Texas, prior to trial, a defendant must choose from whom he wishes to receive his punishment. Before he knows he will be punished. You choose either sentencing from the judge or from the jury. And while there is certainly a number of legal issues involved, this is one of those decisions... Posted on November 8, 2009 at 06:46 pm by Shawn Matlock
Oct 29
No habla ingles

It sounds too ridiculous to be true. If anyone should know what crimes the police can charge you with, it should be the police, right? I mean am I asking too much for the cops to know what the hell they are doing? Really? Well, apparently not so much with the Dallas Police Department. The DPD decided to give a number of drivers some tickets for not speaking English. Yep, you read that correctly. Not. Speaking. English. According to a number of stories over the last several days, the DPD has... Posted on October 29, 2009 at 09:08 am by Shawn Matlock

Rank This Week: 679

Georgia Criminal Lawyers Blog

Georgia Criminal Lawyers Blog covers topics such as Federal Criminal Law, Georgia Criminal Law, Criminal Law in the News, and Sex Crimes. Published by Georgia Criminal Defense Lawyers, Pate & Brody.

http://blog.georgia-criminal-lawyers.com/

Nov 12
Child pornography charges may be the result of a computer virus

A Massachusetts man was recently charged with having images of child pornography on his computer. After spending $250,000 on legal fees and computer experts, he was able to show that a computer virus was responsible for the images. Computer experts warn that this may not be an isolated incident. ABC News has the story. In the case above, it was revealed that a virus programmed the man's computer to visit up to 40 child pornography websites every minute. However, the proof of his innocence did... Posted on November 12, 2009 at 01:00 pm by Pate & Brody
Nov 11
Atlanta doctor charged with health care fraud in alleged false claims scheme

An Atlanta, Georgia doctor was arraigned in federal court on Friday for allegedly billing false claims. He has been charged with committing wire fraud, mail fraud, health care fraud and obstruction of justice. If convicted, the doctor faces a possible 20 year prison sentence. The Atlanta Journal Constitution has the story. Prosecutors say that Dr. Rajashakher P. Reddy, 39, committed the fraud through his company, RSI, Inc., by submitting thousands of patient reports without ever reviewing... Posted on November 11, 2009 at 11:39 am by Pate & Brody
Nov 10
Atlanta federal grand jury indicts Eastern Europeans for alleged computer crimes

On Tuesday, a federal grand jury in Atlanta indicted seven members of an alleged Eastern European organized crime ring on charges of wire fraud, computer fraud and identity theft. The alleged members come from Estonia, Russia and Moldova. Prosecutors say the group stole $9.4 million from the Royal Bank of Scotland Group's payroll debit systems. The Atlanta Journal Constitution has the story. Authorities have called it the most sophisticated computer fraud attack ever. It is believed that the... Posted on November 10, 2009 at 03:23 pm by Pate & Brody

Rank This Week: 680

Res Ipsa Blog

Focuses on white collar crime, tax and finance law news with a Texas twist.

http://resipsablog.com

Nov 5
Texas Bar Results Posted; Texas Tech Takes Top Spot

The Texas Bar Exam results for the July 2009 exam were posted today. This year, Texas Tech School of Law had the highest percentage of students who passed the Bar Exam on their first attempt. Over 94% of the Texas Tech law grads who sat for the exam for the first time this July passed the exam. This brings the four-year average to 89.6% for Texas Tech. Overall, the average passage rate for first-time July examinees from Texas schools was 92% for the year, and 90% over the last four years. This... Posted on November 5, 2009 at 02:09 pm by Benson Varghese
Oct 13
Ten Tips to Obtain the Perfect Letter of Recommendation

A good letter of recommendation is one that shows the reader that the recommender knows you personally, is familiar with your work, and lists specific reasons why you are a suitable candidate for the position or award for which you are applying. As the requester of a letter of recommendation, your job is to make the letter-writing process as effortless as possible. The following ten tips will help ensure you receive the best possible letter of recommendation: Be sure to select someone knows you... Posted on October 13, 2009 at 05:38 am by Benson Varghese
Oct 2
Professor Brian Shannon Tops Shortlist of Candidates for Dean of Texas Tech School of Law

The Dean Search Committee at Texas Tech School of Law announced this week that it is inviting three candidates to on-campus interviews with the faculty, students, and members of the local bar association. Professor Brian Shannon (Texas Tech School of Law; Contracts, Law & Psychiatry, Property, and Criminal Law) will be the first on-campus interviewee. Professor Shannon has been a favorite among students and alumni alike, who believe that Professor Shannon's experience as Associate Dean, his... Posted on October 2, 2009 at 05:04 am by Benson Varghese

Rank This Week: 684

Jailhouselawyer's Blog

Covers prisoners' rights and criminal justice in the United Kingdom. By former prisoner John Hirst Hull.

http://prisonersvoice.blogspot.com/

Jun 30
Prisoners Votes Case aired on the radio on Iain Dale's radio show

Prisoners Votes Case aired on the radio on Iain Dale's radio show. Listen here. John Hirst, Jailhouselawyer, appears twice within the first hour. Posted on June 30, 2009 at 04:13 am by jailhouselawyer
Jun 22
Association of Prisoners Constitution

Association of Prisoners Constitution img img_0001 img_0002 img_0003 img_0004 img_0005 img_0006 IMG_0007 img_0008 Posted on June 22, 2009 at 04:44 pm by jailhouselawyer
Jun 16
ConVerse response

ConVerse response By Ben Gunn (Click on image to enlarge) Posted on June 16, 2009 at 01:30 pm by jailhouselawyer

Rank This Week: 688

No Montana Death Penalty

Covers death penalty news in Montana.

http://nomontanadeathpenalty.blogspot.com/index.html

Nov 20
Personal Injury Accident Compensation Claims

Personal Injury claims are that of when a physical hurt or a mental torment is caused by the carelessness or torment of the other party. Other personal hurt claims can be to make with route traffic accidents, merchandise defects, medical carelessness and blustery with the usage of words and physical abuse. If any of the above have happened to you, the first thing to make is to reach a specialised canvasser who covers with personal hurt compensation claims. They will be able to give you more... Posted on November 20, 2007 at 08:30 am by Dean
Nov 17
Madagascar death penalty defended

Madagascar's justness curate have personally defended the decease punishment after a United Nations bill of exchange declaration called for member states to stop the practice. Her remarks also come up respective years after 12 people were sentenced to decease for homicide and rebellion on the island. The lawsuit hundred on a deathly land difference in which a small town revolted against efforts to evict residents. Correspondents state no executings have got been carried out in Republic Of... Posted on November 17, 2007 at 05:21 am by Dean
Nov 15
UN committee approves death penalty moratorium draft

: A U.N. General Assembly commission passed a bill of exchange declaration career for an end to the decease penalty, an effort critics complained marked an attempt to interfere with the sovereignty of U.N. member states. The 99-52 ballot Thursday in favour of the declaration in the assembly's human rights commission capped two years of often heated up argument that proverb the United States pickings the unusual measure of railroad siding with states such as as Islamic Republic Of Iran and... Posted on November 15, 2007 at 01:30 pm by Dean

Rank This Week: 696

Asia Death Penalty

Provides information about the death penalty in Asia.

http://asiadeathpenalty.blogspot.com/index.html

Nov 19
Australia: Abolition bill introduced in parliament

ATTORNEY-GENERAL HON ROBERT McCLELLAND MP SECOND READING CRIMES LEGISLATION AMENDMENT(TORTURE PROHIBITION AND DEATH PENALTY ABOLITION) BILL THURSDAY, 19 NOVEMBER 2009 I am pleased to introduce the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009. The Bill contains two key measures. First, it enacts a specific Commonwealth torture offence in the Commonwealth Criminal Code, to operate concurrently with existing offences in State and Territory criminal laws.... Posted on November 19, 2009 at 02:37 am
Nov 19
Australia acts to outlaw death penalty

Media release from Robert McClelland, Attorney-General of Australia 19 November 2009 AUSTRALIA TAKES ACTION AGAINST TORTURE AND THE DEATH PENALTY Attorney-General Robert McClelland today introduced the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009. The Bill implements a specific Commonwealth offence of torture into the Commonwealth Criminal Code. The new offence will operate concurrently with existing offences in State and Territory laws. "Introducing... Posted on November 19, 2009 at 02:17 am
Nov 7
Singapore: Malaysian faces execution for drugs

Amnesty International issued the following urgent action appeal for a Malaysian man at risk imminent risk of execution in Singapore. URGENT ACTION MALAYSIAN MAN FACING EXECUTION IN SINGAPORE Yong Vui Kong was sentenced to death for drug trafficking in January 2009. He had exhausted his appeals by October, and can now escape execution only if the president grants clemency Yong Vui Kong was arrested in June 2007, when he was 19, by officers from the Central Narcotics Bureau. He was charged with... Posted on November 7, 2009 at 06:33 am

Rank This Week: 709

Total DUI

Covers arrest procedures, DUI news and DUI questions. By Total DUI.

http://blog.totaldui.com/

Nov 17
10th Time Is Not a Charm: Illinois Man Charged with His 10th DUI

Richard Niemczyk, a resident of Hanover Park, Ill., was recently arrested for and charged with driving under the influence of alcohol, according to The Courier-News. The DUI charge was Niemczyk's tenth such charge since 1991. Niemczyk was arrested following an Oct. 21 incident at a local business, where a store employee reported to police that Niemczyk was acting belligerently while attempting to return merchandise to the store. Police arrived on the scene, and told Niemczyk not to drive out of... Posted on November 17, 2009 at 01:16 pm by Morgan Brickley
Nov 14
Man Pleads Guilty to Drunk Driving in His La-Z-Boy

There are many strange stories involving driving under the influence. Some are tragic, changing the lives of those involved, while others, like a recent story out of Minnesota, simply boggle the mind. In the town of Proctor, Minn., a man was stopped for driving drunk after he collided with a parked car, according to the Duluth News Tribune. The suspect was returning home from the Keyboard Lounge, a bar where he had consumed eight to nine beers. Unlike many involved in accidents while driving... Posted on November 14, 2009 at 11:02 am by Morgan Brickley
Nov 12
Pennsylvania Woman Jailed As a Result of a Deadly DUI

A recent Pennsylvania court case further proves that driving under the influence can have a profound impact on an individual's life. We all know that celebrity DUI arrests make headlines, but too often it is the ordinary citizen whose life takes a wrong turn as a result of an error in judgment. Not to mention, of course, the innocent bystanders who may fall victim to an incident involving a drunk driver. Daryl Reinhardt, a mother and active community member from Hamilton Township, Pa., recently... Posted on November 12, 2009 at 09:57 am by Morgan Brickley

Rank This Week: 725

Jacksonville Criminal Lawyer Blog

Covers criminal defense law topics such as DUI, domestic violence, drug and federal crimes, search and seizure, theft, and white collar crime. By Jacksonville, Florida attorneys, Shorstein & Lasnetski.

http://www.jacksonvillecriminallawyerblog.com/

Nov 16
I Want to Seal or Expunge My Criminal Record to Help Get a Job

This is something we are hearing quite often these days as the economy is struggling and many people are looking for jobs. Many people contact us who are either worried that a prospective employer may see something on their criminal record that may prevent them from being hired or have applied for a job only to be told that their criminal record disqualifies them from the position they are seeking. Or in some cases, current employers have performed background checks and discovered a criminal... Posted on November 16, 2009 at 02:26 pm by Shorstein & Lasnetski
Nov 13
Former Football Star Charged with Hit and Run in Dade County, Florida

Lawrence Taylor, who was one of the most famous linebackers in the NFL, was arrested for hit and run in Dade County, Florida over this past weekend, according to a news article. In Florida, the crime of hit and run, also referred to as leaving the scene of an accident, can be a misdemeanor or a serious felony depending on the circumstances. For instance, if a person is involved in an accident that just results in property damage and fails to stop and provide his/her information, that should be... Posted on November 13, 2009 at 02:11 pm by Shorstein & Lasnetski
Nov 10
Federal Law Enforcement Authorities Make Twenty-Four Mortgage Fraud Arrests in Jacksonville, Florida

Several times, we have discussed the trend we have seen towards more federal investigations and arrests in mortgage fraud cases in Florida and Jacksonville. Federal authorities are responding to the tremendous meltdown in the housing markets and numerous mortgages that have gone unpaid. In many local U.S. Attorney offices in Florida, mortgage fraud cases used to occupy a relatively small percentage of the caseload. However, since the mortgage and housing crisis, some offices in Florida have so... Posted on November 10, 2009 at 07:51 am by Shorstein & Lasnetski

Rank This Week: 728

Second Circuit Sentencing Blog

Summaries and commentary on substantive sentencing decisions in the Second Circuit. By Harlan J. Protass.

http://federalsentencing.typepad.com/developments_in_federal_s/

Nov 14
Clarifying The Meaning Of "Abuse of Discretion"

United States v. Hasan, Docket No. 08-4921-cr , 2009 WL 3737521 (2d Cir. Nov. 10, 2009) (found here) In Hasan, the Second Circuit takes on the job of more clearly explaining what it means by "abuse of discretion" review in the sentencing context. Here's what the court has to say: Following United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), a district court has broad latitude to "impose either a Guidelines sentence or a non-Guidelines sentence." United States v.... Posted on November 14, 2009 at 09:12 am by harlanprotass
Oct 29
Two Sentencing Points From The Second Circuit

United States v. Byors, Docket No. 08-4811-cr (2d Cir. Oct. 29, 2009) (found here) On appeal, Byors argued that the district court erred in: (1) not offsetting the loss attributable to his fraud by amounts that represented legitimate investment in his business; and (2) applying a two-level enhancement for obstruction of justice relating to an offense underling his money laundering offense but not the money laundering offense itself (an issue of first impression in the Second Circuit). With... Posted on October 29, 2009 at 10:49 am by harlanprotass
Oct 24
Health, Family Support In The Community As A Basis For A Non-Guidelines Sentence

United States v. Jiang, No. 09-CR-34, 2009 WL 3254434 (E.D.N.Y. Oct. 9, 2009) Quick note: Jiang was convicted of fraudulently importing and trafficking in certain counterfeit goods, for which he faced an advisory Guidelines range of imprisonment of bewteen 78 and 87 months. The district court, however, sentenced him to 30 months imprisonment. It initially noted that the "offenses are serious" because they "destroy American commerce." But it nevertheless imposed a non-Guidelines sentence because... Posted on October 24, 2009 at 12:38 pm by harlanprotass

Rank This Week: 732

Florida DUI Lawyer Blog

Florida DUI Lawyer Blog covers various aspects of DUI law in Florida. Published by Florida Defense Lawyer, William Ryan Moore.

http://www.floridaduilawyerblog.com/

Nov 9
Video Production for DUI Property Damage Cases

The use of video production in defending DUI Manslaughter cases is considered standard practice for DUI defense law firms. So should be true for DUI Property Damage offenses. The fact that a defendant faces far lesser penalties than DUI Homicide cases is in no way a justification for ignoring effective defense tactics. While aerial and terrain photographs assist the fact finder in ascertaining the facts leading up to and causing an accident, they pale in comparison to a well produced and edited... Posted on November 9, 2009 at 03:59 pm
Nov 4
Fort Lauderdale DUI Lawyer – DUI and Drugs

Driving under the influence occurs when a person operates or is in actual physical control of a motor vehicle or similar device while that person is under the influence of alcohol and/or other intoxicating agents such that his or her faculties are impaired, according to Fort Lauderdale criminal attorney William Moore. In Florida and every other United States Jurisdiction, a driver is presumed to be impaired from alcohol if his or her blood or breath alcohol concentration exceeds a reading of... Posted on November 4, 2009 at 07:14 pm
Nov 3
Palm Beach Criminal Lawyers & Double Jeopardy

Palm Beach criminal lawyers should be well versed on the law pertaining to double jeopardy. The double jeopardy clause of the Fifth Amendment provides: "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." The concept of double jeopardy prohibits the retrial of a defendant who has been convicted or acquitted of the same offense at a previous trial. It also protects against multiple punishments for the same offense. Palm Beach criminal lawyers should... Posted on November 3, 2009 at 05:53 pm

Rank This Week: 739

Minnesota DWI Blog

Covers blood alcohol content testing, field sobriety tests, and criminal and civil liability. By the Brown Law Offices.

http://www.mndwiblog.com/

Sep 3
Gross Misdemeanor DWI in Minnesota: License Plate Impoundment Issues

The Minnesota Commissioner of Public Safety maintains the right to impound license plates if a driver is involved with a gross misdemeanor offense. These offenses involve a drunk driver with: An alcohol concentration of .20 or more; Having a child under age 16 present in the vehicle at the time of the DWI; or Occurring while the person's license has been canceled for the person being inimical to public safety. Plate impoundment applies to the following automobiles: The vehicle used in the plate... Posted on September 3, 2009 at 01:17 pm
Jul 8
Overview of Boating While Intoxicated in Minnesota: BWI Offenses

Minnesota has over 10,000 lakes to enjoy and a staggering boat ownership ratio, making it easy to comprehend why so many Minnesotans face BWI charges. If an individual operates a boat(including personal watercraft), with an alcohol concentration above .08 they may be charged with boating while intoxicated under Minnesota law. First time BWI offenders (a misdemeanor) face up to 90 days of incarceration, a $1,000 fine and the loss of the ability to operate a boat for 90 "boating season" days upon... Posted on July 8, 2009 at 08:28 pm
May 4
Minnesota DWI Attorneys Entitled to Intoxilyzer 5000 Source Code Says State Supreme Court

Last week the Minnesota Supreme Court, in State v. Underdahl and Brunner, opined that the State of Minnesota must produce the Intoxilyzer 5000 EN source code if an individual charged with a DWI can show that the code relates to their guilt or innocence. Justice Meyer wrote for the majority. Defendants Underdahl and Brunner sought discovery of the source code for the the Intoxilyzer 5000EN following DWI charges. In both cases, the trial court ordered the State of Minnesota to produce the code... Posted on May 4, 2009 at 05:42 pm

Rank This Week: 759

Massachusetts Driving Law

Information on driving related legal issues for Massachusetts residents, including drunk driving, speeding tickets, moving violations, Junior Operators, Mature Drivers, license suspensions, and hardship licenses. By Jessica A. Foley.

http://massdrivinglaw.typepad.com/massachusetts_driving_law/

Jun 1
Students and Crimes - even driving can impact your record!

If you are the parent of a high school or college student who gets charged with a crime (or if you are a high school or college student) you are probably worried about the effects will have on your future! A criminal conviction can have an effect on your future! It can effect your future job opportunities and even financial aid for college or post graduate education. There are several possible outcomes of a criminal charge, some will have a permanent effect and some will not. Your case can be:... Posted on June 1, 2009 at 03:06 pm by Jessica Foley
Apr 21
Breath Test at Police Station do not necessarily reflect BAC when driving.

You get pulled over, you take some field sobriety tests and consent to a breath test. (NOTE: in Massachusetts you are not required to take a breathalyzer or any field sobriety tests.) You take the Breathalyzer and you blow a .10. You had a few drinks, and your last drink was right before you left the bar. At the time you get pulled over, your blood alcohol content (BAC) could actually be lower than it was when you were driving. The funny (not in a laugh out loud sort of way, but in an ironic... Posted on April 21, 2009 at 05:58 pm by Jessica Foley
Mar 11
Junior Operators and Speeding.

A question that has come up a lot in my practice recently is whether or not a Junior Operator's license will be suspended for a moving violation that is not speeding. The answer, after a lot of research, basically ruling out all the alternatives is that the purpose of the new Junior Operator Statute is to prevent teens from speeding. Other moving violations, such as running a stop sign, expired inspection sticker, or failure to yield do not carry with them an immediate suspension. That being... Posted on March 11, 2009 at 10:57 am by Jessica Foley

Rank This Week: 768

Juvienation

Covers developments in juvenile justice. By Mark Sorkin.

http://juvienation.wordpress.com

Jul 28
Gone Fishing

After 388 posts in less than 365 days, nearly 40,000 visitors and 191 comments, I have decided to put Juvienation on hiatus until further notice. Please feel free to rummage through the archives, refer to the blogroll and further reading page and use this post as an open thread. I'm keeping the site up because [...] Posted on July 28, 2008 at 02:11 pm by Mark Sorkin
Jul 6
Juvienation on Vacation

I'm off to Italy this afternoon and won't be posting any updates while I'm traveling. Please feel free to comb through the archives and hit the links on the blogroll while the site is on hiatus. If you're looking for updates on the OJJDP scandal, the best resource is Youth Today; the good folks at [...] Posted on July 6, 2008 at 05:06 pm by Mark Sorkin
Jul 3
NYT on JJDPA Reauth

An editorial in today's Times offers strong support for the "comprehensive approach" to juvenile justice reform that informs the Senate's JJDPA reauthorization bill (background here). "This bill represents an important step toward rational and compassionate justice for troubled children," the editorial states. But it's not perfect. As Congress considers reforming the juv justice system, legislators [...] Posted on July 3, 2008 at 07:33 pm by Mark Sorkin

Rank This Week: 784

Midwest Criminal Defense

By James H. Waller.

http://midwestcriminaldefense.blogspot.com/index.html

Feb 28
Mother of boy who died while drinking and driving holds alcohol party for teens

Belleville, IL: 18 months after her 15 year-old son and another teenager died while drinking and driving, Andrea Sharos decided to share the wealth. Sheriff's deputies stopped a car stocked with underage teens and beer leaving Sharos's home last week. When questioned, the teens said that they had been drinking at Sharos's house with her consent. Officers found FOUR OTHER teenage boys, aged 16-18, at the home, and they all tested positive for alcohol. "(Mary) did not think anything was wrong... Posted on February 28, 2007 at 01:46 am by James H. Waller
Feb 25
11th Circuit--warrant requirement coughs once, dies.

The 11th Circuit has just rubber stamped officer-created exigent circumstances in the case of Glover v. Eight Unknown DEA Agents, 06-13061 (11th Cir., Feb. 23, 2007. Here are the facts of the case, straight from the court's opinion: __________ [T]he agents attempted to secure a search warrant for Glover's residence on the suspicion that he was operating a clandestine methamphetamine lab there. The magistrate judge determined that the agents lacked sufficient evidence to merit a warrant. So the... Posted on February 25, 2007 at 11:11 pm by James H. Waller
Feb 22
Judge Judy threatens IRS inquiry, child-protective services inquiry over eBay scam.

Sorry for the lack of postings this week. I've been laid up with the flu, couch-ridden all week, and forced to watch daytime TV. In honor of that special hell, I bring you this clip. Posted on February 22, 2007 at 11:08 pm by James H. Waller

Rank This Week: 790

Capital Defense Weekly

Covers news and case law for those interested in capital litigation. By Karl Keys.

http://www.capitaldefenseweekly.com

Dec 16
We've moved -- our feed is now http://capitaldefenseweekly.com/blog/?feed=atom

We have moved the site to Wordpress & capitaldefenseweekly.com. Our new feed is http://capitaldefenseweekly.com/blog/?feed=atom Posted on December 16, 2006 at 04:59 pm
Dec 12
Back again

Ok, it has been a weird few days trying to blog here. A back up site (that will eventually be moved here) is available at [capitaldefenseweekly.com]. That site will be available whenever this one isn't. It is undergoing "testing" and should be ready in January -- or in case of emergency -- here. My sincerest apologies but I think Blogger! hates me. Posted on December 12, 2006 at 05:19 pm
Dec 10
Blogging problems

Sometime Friday the blogging software used here for the last year finally up and quit. The weekend was spent converting everything to Wordpress. Then, just as mysteriously as the problem started it was fixed. We will be eventually moving to Wordpress, just not this weekend. Thanks for sticking around and understanding. Unfortunately the weekly synopsis will not run. Posted on December 10, 2006 at 07:37 pm

Rank This Week: 792

McNabb Associates Federal Crimes...

McNabb Associates Federal Crimes Update Podcast

Covers interesting federal criminal prosecutions. From the criminal defense attorneys of McNabb Associates.

http://www.federalcrimesblog.com

Oct 10
Healthcare Fraud--American Healthcare Management

Today we discuss the guilty plea of a man and companies who conspired to defraud Medicare and Medicaid. Posted on October 10, 2006 at 04:04 pm
Oct 3
Misprision of Felony--Lawyer Sentenced

Today we discuss the sentencing of a lawyer who pleaded guilty to misprision of felony. Posted on October 3, 2006 at 04:04 pm
Sep 28
Mail Fraud and Wire Fraud--Philadelphia

Today we discuss the guilty pleas of two men accused of committing fraud in Philadelphia. Posted on September 28, 2006 at 04:04 pm

Rank This Week: 805

California Criminal Defense Blog

California Criminal Defense Blog covers topics such as drug crimes, legislation, sex crimes, sex offenses, and violent crimes. Published by Southern California Defense Lawyers Neil Shouse & Associates.

http://www.californiacriminaldefenseblog.com/

Oct 27
Highway 15 a Fertile Ground for DUI Arrests

The stretch of Interstate Highway 15 from Las Vegas to Ontario is a fertile ground for police to issue speeding tickets, DUI arrests and other driving-related citations. Barstow CA DUI attorney Robert Little says that many of the DUI arrests result in prosecution at the Victorville, Barstow and Fontana courthouses. "Most are Southern Californians heading to Vegas and starting the party early. Or people coming home from Vegas too soon after the party." Aside from the drunk drivers, this stretch... Posted on October 27, 2009 at 02:09 pm by Shouse Law Group
Oct 26
Judges Order CA to Reduce Prison Population

The California prison population will experience a 27% decrease over the next two years, or at least that's the plan. A panel of federal judges recently ordered the state of California to reduce its prison population of 150,000 down to about 110,000, citing overcrowding in prisons as resulting in inadequate health care for inmates. California has a period of 45 days to devise a plan for reducing the prisoner population. According to The New York Timess, "in these overcrowded conditions,... Posted on October 26, 2009 at 11:04 am by Shouse Law Group
Oct 21
Jackson Doctor Administered Lethal Dose

According to The Washington Post, Michael Jackson was administered a deadly dosage of propofol, an anesthetic drug that a personal physician was administering to the entertainer as a sedative to help him sleep. Though the anesthetic is not recommended for home use, particularly since necessary equipment needed for life-saving measures are not typically found within the confines of a private home, the anesthetic was given to Jackson nevertheless. Conflicting stories paint the scene of Jackson's... Posted on October 21, 2009 at 09:00 am by Shouse Law Group

Rank This Week: 824

Plano DWI Lawyer Blog

Covers DWI topics such as breath testing, DWI detection and enforcement, DWI news, field sobriety tests, occupational drivers license, rights, and Texas DWI basics. By Plano, Texas Criminal Defense attorney, Troy P. Burleson.

http://www.planodwilawyerblog.com/

Mar 10
PLANO DWI ATTORNEY | TROY BURLESON | COLLIN COUNTY DWI LAWYER | DUI LAWYER

Frisco, Plano, Dallas DWI/DUI Lawyer Collin County DWI Criminal Defense Lawyer Dallas County DWI Criminal Defense Attorney Hello, my name is Troy Burleson and I am a criminal defense attorney who specializes in defending citizens accused of DWI, DUI and other drunk driving offenses. If you have recently been arrested and charged with drunk driving, you probably have many questions and concerns. I built this web site to help answer questions from people like you about DWI laws, the criminal... Posted on March 10, 2009 at 11:21 am by Troy P. Burleson
Feb 2
Correction!

I need to make a correction to my post this morning. I inadvertently contributed a quote to the wrong Austin DWI Lawyer. I contributed a quote in an Austin American Statesman article to Austin Attorney Jamie Balagia. However, the quote was made by highly regarded Austin DWI Lawyer Jamie Spencer. Mr. Spencer has written extensively on his DWI blog and criminal law blog about a variety of subjects from the HGN Test to a famous federal prisoner's thoughts on American Justice. Sorry, Mr. Spencer.... Posted on February 2, 2009 at 03:23 pm by Troy P. Burleson
Feb 2
Want to Know If You Should Refuse an Alcohol Test? Ask an Elected Official.

"To take or not to take an alcohol test?" That is the question that every person who is suspected of drunk driving must ask. When faced with such a potentially life-altering decision, perhaps its best to get some guidance from our elected officials. According to a report in the Austin American Statesman, the rate of refusal for elected officials in Texas, when accused of drunk driving, is 100%. Among the general public, the rate of refusal is about 50%. Why would 100% of our elected officials,... Posted on February 2, 2009 at 09:09 am by Troy P. Burleson

Rank This Week: 829

Austin DWI Lawyer

Covers Texas DWI laws, blood tests, breath tests and field sobriety tests. By Jamie Spencer.

http://dwi.austindefense.com/

Nov 6
The Will Of The People

Here's the text of the resolution, along with my running commentary , on last week's City Council agenda regarding the possibility of Austin police officers - instead of registered nurses or otherwise medically qualified and trained personnel - collecting blood specimens from DWI suspects: WHEREAS, the State of Texas allows peace officers to collect breath and blood specimens as evidence for prosecuting people suspected of operating a motor vehicle while intoxicated through Texas Transportation... Posted on November 6, 2009 at 03:05 pm
Nov 3
A Not So Anonymous Tip

The 911 call: Caller: Somebody's really drunk driving down Granton Road." Dispatch: Okay are you behind them, or... Caller: No, I am them. Dispatch: You am them? Caller: Yes, I am them. Dispatch: Okay so you want to call and report that you're driving durnk? Caller: Yes. &#xe2€&#xa6and the police report speak for themselves, I guess: On Saturday October 24, 2009 at about 11:23 p.m. I was dispatched to Granton Rd. Near Miller Ave. to a possible intoxicated driver. Dispatch said the caller Mary [Name... Posted on November 3, 2009 at 07:45 am
Sep 15
Sprung From Cages Out On Highway Nine

From the "Tramps Like Us" version of passed-out-while-intoxicated comes this "DWI" arrest out of New Jersey: A Holmdel man was charged with driving while intoxicated after police found him lying on the grass near his parked car, police said today&#xe2€&#xa6 Officer Paul Papamarkos was on patrol around 4:15 a.m. Friday when he found [Defendant]'s car parked on Loantaka Way, near a walking path. As he was checking out the vehicle, a 9-1-1 caller reported a man lying in the grass a short distance away.... Posted on September 15, 2009 at 11:02 pm

Rank This Week: 846

Prosecutor Post-Script

Ex-prosecutor pontificates on current cases in the news. By Sarena Straus.

http://sarenastraus.blogspot.com

Oct 5
Tabitha Walrond - 10 years later I do...

Tabitha Walrond - 10 years later I do still monitor comments and update them although it's been a long time since I've put a new post on this Blog. But suddenly, I've been awash with comments on the Tabitha Walrond case and feel the need to come out of my semi-blog-retirement to comment. My feelings on the Walrond case are quite strongly that she intentionally starved her child to death. I believe the jury acquitted on the highest charge because it's easier to believe that she did not... Posted on October 5, 2009 at 01:45 am by Sarena
Oct 21
Lost Links... Somehow, I've lost all of...

Lost Links... Somehow, I've lost all of the links to my other favorite blogs as well as the link to purchase my book, "Bronx D.A."I hope that I can figure out how to get these links back soon so you can follow the writing of some other great bloggers.http://www.bronxdabook.com Posted on October 21, 2008 at 01:52 pm
Oct 17
Appearance Monday On Monday, I will be...

Appearance Monday On Monday, I will be appearing on Tru TV's "Lisa Bloom: Open Court" from 9 - 11 am ESTChannel 58 in New York. We will be discussing the Esto, Florida prosecution of a mother for the drowning death of her 7-year-old daughter in the family's swimming pool. Amanda Elaine Lewis, 27, of Esto, was charged with aggravated manslaughter of a child and aggravated child abuse. Her son, who was six at the time, was the state's key witness.http://www.bronxdabook.com Posted on October 17, 2008 at 02:46 pm

Rank This Week: 853

Transnational Crimes Blog

By McNabb Associates.

http://www.transnationalcrimesblog.com

Jun 6
Australian Police Official Charged in $115 Million Drug Smuggling Ring

A senior Australian police officer was arrested earlier this week in Sydney, charged with conspiracy for allegedly coordinating a plan to smuggle precursor chemicals into the country in an attempt to synthesize over $115 million worth of methamphetamine. Mark Standen, 51, who served as Assistant Director of the New South Wales Crime Commission, was arrested in his office Monday, following a Posted on June 6, 2008 at 10:14 am by McNabb Associates, P.C.
May 28
Dozens Indicted for Connections to International Fraud Ring

Early last week, 38 persons from Romania and the United States, some with alleged connections to organized crime, were indicted in US federal court for computer and credit card fraud. The scam reportedly involved "phishing," soliciting personal information via email for illegal use, and "smishing," soliciting personal information via text messages for illegal use.[1] Deputy Attorney General Posted on May 28, 2008 at 12:41 am by McNabb Associates, P.C.
May 11
Viktor Bout Indicted by US Authorities

Alleged international arms dealer Viktor Bout, arrested in March in Thailand during a joint operation involving agents from the Drug Enforcement Administration, was indicted by a federal grand jury this week on charges of conspiracy and supporting terrorism.[1] As previously reported in this blog, Bout had been accused of trafficking arms to various blacklisted rebel groups and governments, Posted on May 11, 2008 at 09:32 am by McNabb Associates, P.C.

Rank This Week: 865

Seventh Circuit Blog

Case summaries and commentary by Federal Defenders of the Seventh Circuit.

http://circuit7.blogspot.com

Feb 21
Gearing up for the Post-Rita/Claiborne World?

United States v. Nitch, No. 05-2603 (February 21, 2007): Mr. Nitch received a sentence of 168 months, which was apparently within his calculated guidelines range, although the opinion does not state what that range was. In imposing sentence, the district court stated: Mr. Nitch, I sentenced you to 14 years. It was not the top of the guideline, not at the bottom. You messed up when you were out on bond and that affected you. The jury found you guilty beyond a reasonable doubt, and the jury... Posted on February 21, 2007 at 06:58 am by Bill Theis
Feb 13
Ineffective Assistance of Counsel

Christopher Raygoza v. Don Hulick, No. 05-2340 (January 25, 2007): Mr. Raygoza was convicted of murder. The Seventh Circuit granted habeas corpus relief based on ineffective assistance of counsel. Counsel presented an alibi defense, but did very little to develop it. According to numerous potential witnesses, Raygoza at the time of the murder had been at a birthday party for his mother at her house, which was many miles from the scene of the crime. But counsel called only one witness, Raygoza's... Posted on February 13, 2007 at 03:44 am by Bill Theis
Feb 12
Fraud Guidelines and the Risk of Death or Bodily Injury

United States v. Adam Babul, No. 05-4538 (february 9, 2007): Mr. Babul aided applicants for truck driving licenses. In order to take advantage of the easier licensing procedures in Wisconsin, he helped his applicants create false claims of residency in Wisconsin. In doing so, he submitted false statements to banks in Wisconsin. The banks lost no money, but the district court turned to the provision in the fraud guideline that sets the offense level at a minimum of 14 if the offense involved... Posted on February 12, 2007 at 05:48 am by Bill Theis

Rank This Week: 868

Virginia Criminal and Traffic Law...

Virginia Criminal and Traffic Law Blog

Discusses recent cases and legislation in Virginia concerning criminal law and procedure, traffic and DUI law, and relevant constitutional issues. By Charles Homiller.

http://homillerlaw.typepad.com/criminaltrafficlaw/

Jul 4
Don't Ignore Your Reckless Driving Charge

All too often I receive calls from individuals who received a reckless driving charge, but didn't think it was a big deal. The problem is that by the time they call, the court date has passed, the appeal deadline has passed, and nothing can be done to alter the conviction. If only they had called sooner, I could have stopped them from making such a mistake. As I have posted previously, reckless driving is a class I misdemeanor in Virginia, which means a maximum punishment of 12 months in jail,... Posted on July 4, 2009 at 07:32 pm by Charles J. Homiller, PC
Jun 16
Attempted Abduction in Henrico County

Attorney Charles Homiller has been appointed to defend a Henrico man accused of attempted abduction of a child and multiple charges of assault arising out of an incident in an Innsbrook parking lot. Follow the link to get more information from Channel 12 News. Posted on June 16, 2009 at 06:01 pm by Charles J. Homiller, PC
Mar 27
Timing of Convictions Essential for Felony DWI

In Virginia, a third offense driving while intoxicated within a 10 year period is punishable as a felony. In a recent decision, Stewart v. Commonwealth, the Court of Appeals reversed a Winchester Circuit Court's guilty finding on a felony DWI because the Commonwealth failed to prove that the instant offense was actually a third within 10 years. The Court of Appeals stressed that the timing element of prior convictions must also be proven beyond a reasonable doubt in order for a felony DWI... Posted on March 27, 2007 at 08:40 pm by Charles J. Homiller, PC

Rank This Week: 885

Anita Witness

By a criminal defense investigator.

http://anitawitness.blogspot.com

Jul 13
Crocs: a fluffy Friday post

Crocs Originally uploaded by lululollylegs I've been living in my Mary Jane style Crocs (that's the style pictured on the right) all this spring and summer. When I'm not working, that is. Funny that they are appropriate everywhere from poolside to garden to store to barbeque to bank to super market, yet I think they would be hole-ee inapporpriate to wear to approach a witness for an interview. Which makes me sad, since they are nearly the only shoes that don't hurt my left foot these days.... Posted on July 13, 2007 at 07:32 am
Jul 12
Sara Caplan Relents and Testifies Against Former Client

Disappointed and I don't feel the same... Originally uploaded by semantico X This just appeared in the Los Angeles Times: Ex-Spector lawyer relents, testifies on possible evidence Sara Caplan, who had been held in contempt, tells the jury that she saw a defense scientist pick up an object at the scene of actress Lana Clarkson's death. By Michael Muskal, Times Staff Writer 3:32 PM PDT, July 12, 2007 A former lawyer for Phil Spector today relented and testified in the music producer's murder... Posted on July 12, 2007 at 04:38 pm
Jul 3
Kevin Mitzner rocks. Thanks for getting it.

thank you Originally uploaded by Qathi I came across this on the internet the other day: "Criminal Defense Investigator By Kevin Mitzner We all know about Private Investigators. The classic stereotype evokes images of guys in seedy clothes, toting cigarettes, coffee cups, donuts, and six-shooters. They're the guys who run the shadows of law enforcement, who seek out criminals in shady alleyways and sneaky backwater pubs. In reality, of course, P.I.s aren't anything like that, but the classic... Posted on July 3, 2007 at 12:01 am

Rank This Week: 896

Think Outside the Cage

Covers criminal law. By the Colorado Criminal Justice Reform Coalition.

http://thinkoutsidethecage2.blogspot.com/index.html

Nov 18
KUNC: Hudson Correctional Facility Opens in Colorado (2009-11-18)

Posted on November 18, 2009 at 04:54 am
Nov 17
Sentencing laws and prison costs - The Denver Post

Posted on November 17, 2009 at 04:39 am
Nov 17
AG Suthers says Colorado can tax medical marijuana - The Denver Post

Posted on November 17, 2009 at 04:33 am

Rank This Week: 902

Georgia Criminal Defense Blog

Georgia Criminal Defense Blog covers DUI defense, domestic violence, drug defense, sex crime defense, theft crimes, weapons charges, and wrongfully accused topics. By Georgia attorneys Conaway & Strickler.

http://www.georgiacriminaldefenseblog.com/

Nov 11
Hackers Arrested for Stealing $ 9 Million from Atlanta Based Credit Card Processing Co.

/**/ According to an 11alive.com article, an unnamed accomplice and numerous Eastern Europeans have been indicted by a federal grand jury for allegedly hacking into an Atlanta-based credit card processing company (RBS WorldPay) computer network and thieving $9 million. Some of the charges filed in the indictment included: Conspiracy to commit computer fraud Computer fraud Conspiracy to commit wire fraud Wire fraud Aggravated identity theft In relation to the above charges, the indictment... Posted on November 11, 2009 at 04:36 pm by Conaway, Strickler & Margolis
Oct 30
Effingham County Arrest of DUI, Deputy Hit-and-Run Suspect

There was much media attention over the recent search for a drunk driving suspect who was wanted for allegedly running over a deputy. According to a wtoc.com article, the man was found and arrested in Effingham County. Based on authorities' statements, the man was stopped on US 1 for suspicion of drunk driving and allegedly failed a field sobriety test. Before the deputy could arrest the suspect for DUI, the suspect reportedly jumped in his truck. When the officer tried to reach into the truck... Posted on October 30, 2009 at 12:57 pm by Conaway, Strickler & Margolis
Oct 23
Mexico-Based Cartel Bust: New York One of Many Drug Shipment Sites

A report from foxnews.com discusses the recent events of the largest drug bust of the last 10 years conducted by the Justice Department, in which New York State and many other U.S. states were main sites for receiving the shipment of illegal substances. According to the article, over 400 members of an alleged Mexico-based cartel have been taken into custody for charges of distributing tons of methamphetamines, cocaine, and marijuana in the U.S. Aside from New York, other locations that are... Posted on October 23, 2009 at 02:29 pm by Conaway, Strickler & Margolis

Rank This Week: 911

Kentucky DUI Defense Lawyer

Covers DUIs, traffic stops and field sobriety tests. By Stephen J. Isaacs.

http://www.kyduiblog.com/

Sep 16
DUI Offenders Subject to Identity Theft

September 15, 2009 - The Department of Justice announced it has charged Donald Stoner, of Lancaster County, Pennsylvania, with conspiracy to commit identity fraud in a scheme wherein he targeted DUI offenders in Lancaster and York Counties. According to the press release by Dennis C. Pfannenschmidt, United States Attorney for the Middle District of Pennsylvania, Stoner would target DUI offenders who hired private attorneys, reasoning that they would have money to steal in contrast to those DUI... Posted on September 16, 2009 at 02:10 pm by Stephen J. Isaacs
Sep 10
Breath Alcohol Concentration Tests Can Vary As Much As 20%

While the states contend that the science behind Breath Alcohol Testing is reliable, researchers are finding flaws with the science upon which Breath Alcohol Testing is based. Lung physiology researcher Dr. Michael P. Hlastala, Ph.D. Professor of Physiology, Biophysics and of Medicine Pulmonary and Critical Care Medicine of the University of Washington tested the consistency of measurements from breath alcohol concentration (BrAC) testing machines and compared them to measurements of blood... Posted on September 10, 2009 at 10:35 pm by Stephen J. Isaacs
Aug 29
University of Kentucky Former Coach Billy C. Gillispie Charged With DUI

On August 27, 2009 at 2:24 a.m., Lawrenceburg Kentucky police stopped a vehicle driven by the former University of Kentucky basketball coach Billy C. Gillispie and charged him with DUI, first offense. According to police records, the Lawrencebug Police Department (LPD) received a report of a possible intoxicated driver driving a white four door car with Texas plates heading northbound on U.S. 127 near the bypass near the Bluegrass parkway. The LPD dispatcher sent officers to intercept the... Posted on August 29, 2009 at 09:23 pm by Stephen J. Isaacs

Rank This Week: 924

Iowa Champion

Covers Iowa criminal defense news. By Charles Kenville.

http://www.iowachampion.com/

Jun 17
Life on the farm.

I was flipping through the channels before bed last night and caught part of a great documentary about Angola (Louisiana) prison on the National Geographic Channel. Angola is one of the largest prisons in the country both in terms of inmate population (5,000 ) and physical size (500 buildings spread over 18,000 acres). It is also one of the most notorious prisons in the country, once called the bloodiest prison in the south. You might know it as the setting for Sister Helen Prejean's book Dead... Posted on June 17, 2009 at 11:13 am by Charles Kenville
Jun 8
Pottawattamie County Case Highlights Procedural Requirements of Iowa's Forfeiture Statute

There was an interesting decision handed down from the Iowa Court of Appeals at the end of May. The case arose out of the seizure of $22,600 cash during the July 2nd arrest of Duane Lovelace by the Pottawattamie County Sheriff's office on drug charges. The same day that Lovelace was arrested he was given a notice of seizure pursuant to Iowa Code section 809A.6(2). On July 26th the Pottawatamie County Attorney filed a second document they titled "Notice of Seizure for Forfeiture" and served... Posted on June 8, 2009 at 10:36 am by Charles Kenville
Feb 14
Budget Cuts May Impact Court Reporters

The judicial system is not immune from the economic woes that have hit the country. Because of the State budget crisis, the Iowa Judicial Council is considering eliminating court reporters. Instead of having certified reporters to make a record of court proceedings, digital recording equipment would be used. The idea will be discussed on Monday in a closed door meeting. The proponents of the switch believe that it is the best way to reduce the expense associated with court administration. The... Posted on February 14, 2009 at 07:13 pm by Charles Kenville

Rank This Week: 930

International Extradition Blog

Covers international extradition and transnational criminal defense. By McNabb Associates.

http://www.internationalextraditionblog.com

May 18
Alleged Warloads Extradited from Columbia to the U.S.

Fourteen alleged warlords have been extradited from Columbia to the United States to face drug trafficking charges in a move the Bush administration feels supports a trade deal with Columbia.[1] Many Colombians fear a narrow U.S. focus on drug crimes would allow for the warlords and their allies to evade responsibility for committing alleged human rights violations including the deaths of nearly 10,000 people.[2] Salvatore Mancuso and other top leaders of Colombia's right-wing militias were... Posted on May 18, 2008 at 05:24 am by McNabb Associates, P.C.
May 10
Alleged Columbia Narcotics Trafficker Extradited to the United States

Assistant Attorney General Alice S. Fisher has announced that Carlos Mario Jimenez-Naranjo, has been extradited from Colombia to the United States to face drug trafficking charges. Jimenez-Naranjo faces drug-related charges in the District of Columbia and the Southern District of Florida. Jimenez-Naranjo has already made his initial appearance before Judge Alan Kay in the District of Columbia.[1] Jimenez-Naranjo was indicted in the District of Columbia for conspiracy to manufacture and... Posted on May 10, 2008 at 09:19 am by McNabb Associates, P.C.
Apr 26
Marine Accused of Murder Faces Extradition to the U.S.

A member of the House Armed Services Committee has called for the Department of Defense to review what he believes is a botched investigation of a case involving a corporal accused of the murder and rape of a pregnant Marine.[1] Authorities have alleged that Cpl. Cesar Laurean, killed fellow Marine Maria Lauterbach in mid-December of 2007. Laurean is currently awaiting extradition back to the United States after his arrest in Mexico. He has been charged with murder.[2] Rep. Michael Turner... Posted on April 26, 2008 at 04:02 pm by McNabb Associates, P.C.

Rank This Week: 942

Z The Legal Blog and Monthly...

Z The Legal Blog and Monthly Newsletter

Covers the politics of crime and prison legal issues.

http://zlegaltimes.blogspot.com/index.html

Nov 18
Postconviction Practices

Thanks to Doug, as alway, here is the ABA symposium on postconviction practices:Prof. Berman also posts here on Second Amendment cases, Heller and McDonald, suggesting that the cause of criminal justice reform is related, discussing the politics as well.Remarkably there is in the air a question whether SCOTUS might overrule a one hundred year old decision in the Slaughterhouse cases regarding the Posted on November 18, 2009 at 09:16 pm by "Major" Mori
Nov 12
New blog

Found a new blog, Stand Up, by Sam Caldwell.It looks promising.Shitake Awards, one more on topic, for a good belly laugh! The line: "giving anti-former offender politicos and celebrities what they really deserve" Posted on November 12, 2009 at 04:27 pm by "Major" Mori
Nov 12
Convicting Innocents

Here is a link to Sean Penn's documentary Witch Hunt (2008). The description from Emanuel Levy:"Witch Hunt" chronicles the unraveling of a small town's justice system. The main characters in this new non-fiction film are working class parents, moms and dads, who were all wrongly convicted of child molestation in the early 1980s in the town of Bakersfield, California. Each of these falsely Posted on November 12, 2009 at 03:18 pm by "Major" Mori

Rank This Week: 970

Cyber Crime Lawyer Blog

Cyber Crime Lawyer Blog covers topics such as technology and the law, computer forensics and cyber crime defense. By Miami, Florida criminal defense attorney, David S. Seltzer.

http://www.cybercrimelawyerblog.com/

Nov 18
IRS Announces Unprecedented Settlements Under Voluntary Disclosure Program as UBS Prepares to Disclose More Names

I have written here about the IRS voluntary disclosure program several times in the past. As a Miami-Dade tax evasion criminal defense attorney, I was extremely interested in the opportunity it offered taxpayers to avoid harsh penalties from the IRS crackdown on taxpayers who, through innocent mistakes or deceit, failed to declare their income from overseas bank accounts. The voluntary disclosure program ended Oct. 15, and according to the Associated Press, it helped more than 14,700 U.S.... Posted on November 18, 2009 at 11:00 am by David S. Seltzer
Nov 16
Candidate Tells Legislature to Make Professional Licensing Harder for Former Felons

As a South Florida criminal defense attorney, I was disappointed to see comments from our state's attorney general suggesting that he'd like to make professional licenses tougher to get for convicted felons. According to a Nov. 3 article from the Associated Press, Attorney General Bill McCollum, who is running for governor, objects to a law requiring Florida licensing agencies to grant licenses to former felons who had their civil rights restored and have completed a three-year waiting period.... Posted on November 16, 2009 at 04:00 pm by David S. Seltzer
Nov 10
Investigation Finds Multiple Cases of Viruses Downloading Child Pornography

As a Miami-Dade child pornography possession criminal defense attorney, I have known for years that viruses can silently download child pornography, exposing the computer's owner to life-altering criminal charges and personal consequences. That's why I was very pleased to see an Associated Press report Nov. 9 confirming that these cases are real -- and that prosecutors aren't always willing to listen. The AP reviewed court records and interviewed defendants, attorneys and computer forensic... Posted on November 10, 2009 at 02:47 pm by David S. Seltzer

Rank This Week: 974

Birmingham Criminal Defense Blog

Covers Alabama criminal law and procedure, including DUI,, theft crimes, and violent crimes. By Steven D. Ebersole.

http://www.birminghamcriminaldefenseblog.com/

Nov 18
Lawyer from Dothan, Alabama, Charged with Child Porn in Houston County

It's a shame when a representative of the court is charged with a crime. Of course, any person accused of a criminal act, such as child pornography or criminal sexual behavior, is always considered innocent until proven guilty. However, to have the charges brought forth in the first place can truly be an embarrassment to the individual and their profession. As a Birmingham criminal defense lawyer, I can empathize with this defendant and only hope that justice will be served quickly and with an... Posted on November 18, 2009 at 08:43 am
Nov 11
Alabama Sex Crime News: Teenager Faces Child Pornography Charges for Distributing "Sexting" Images

Everyday we see instances where the law doesn't reflect the capabilities and extent of technology. This appears to be the case in Alabama and other states with frequent instances of young people, teenagers and preteens, being accused of criminal sexual behavior. As a criminal defense lawyer in the Birmingham area, I have defended numerous clients who have been accused of crimes such as drug possession, theft, sexual abuse, and pornography, just to name a few. The newest use for smart phones... Posted on November 11, 2009 at 03:30 pm
Nov 4
Former Alabama Circuit Judge Acquitted of Sex Crimes against Inmates in Mobile, AL

Lawyers, judges and law enforcement professionals all have a responsibility to uphold the laws of Alabama and the United States. But those who twist the law for their own purposes do a disservice to themselves and to society. As a Birmingham criminal defense lawyer, I was shocked by recent revelations regarding an Alabama judge who reportedly used his authority to allegedly commit sexual assaults on convicted criminals and jail inmates. According to news articles, former Mobile County circuit... Posted on November 4, 2009 at 08:05 am

Rank This Week: 977

Sixth Circuit Blog

Features case summaries and commentary by Federal Defenders of the Sixth Circuit.

http://circuit6.blogspot.com

Nov 18
Intended Loss Amount

Unpublished opinion in United States v. Newson, No. 08-6080 (6th Cir. Nov. 16, 2009). Panel of Judges Moore, Cook, and Ludington (E.D. Mich.). Defendant pleaded guilty to document fraud (18 U.S.C. &#xc2&#xa7 1028(a)(7)). Sentence of 30 months. Because of lack of factual record regarding the defendant's intent, the court vacated the sentence and remanded. Defendant used another individual's Social Security number to complete two separate credit applications in an attempt to purchase automobiles. The... Posted on November 18, 2009 at 06:50 am by Clare Freeman, RWS, WD Mich
Nov 13
Entrapment and Pre-Trial Delay

First, I apologize for my recent lack of posting. It has been a little hectic. I also apologize because this post will be quite brief-again, just a tad hectic. This week, we have United States v. Schaffer, No. 09-3053 (6th Cir. Nov. 12, 2009). Panel of Chief Judge Batchelder, and Judges Daughtrey and Van Tatenhove (E.D. Ky.). Defendant caught in government sting operation-conspiracy to obtain military secrets and laser missile technology from a DOD contractor. Events began in July 2002.... Posted on November 13, 2009 at 08:25 am by Clare Freeman, RWS, WD Mich
Oct 8
Child porn and probable cause

The Sixth Circuit today issued an opinion in United States v. Frechette that has already caused Douglas Berman over at Sentencing Law and Policy to ask "Is concern about child porn distorting normal criminal procedure rules?" The facts are essentially that the defendant, a registered sex offender, paid for a one month subscription to a website that advertised the availability of child porn. After one month, the defendant did not renew the subscription. Sixteen months later, an ICE agent... Posted on October 8, 2009 at 05:17 am by Richard Strong

Rank This Week: 981

Boston Criminal Attorney Blog

Covers criminal law topics such as DWI/OUI offenses, other traffic related offenses, and murder. By Boston, Massachusetts criminal defense lawyer, William D. Kickham.

http://www.bostoncriminalattorneyblog.com/

Nov 17
Massachusetts Legislature May Allow Juries To Decide Sex Offenders’

Not that many people outside of the criminal defense profession or the criminal justice system are aware of this, but in Massachusetts, once a convicted sex offender's prison sentence is finished, the story isn't necessarily over. You see, once a convict's criminal sentence for a Massachusetts sex offense has been completed, the state has the right to seek an (involuntary) civil commitment of that person, if in the Commonwealth's opinion, that person continues to pose a threat to the public if... Posted on November 17, 2009 at 01:23 am by William D. Kickham
Nov 1
Arrested In Massachusetts? Police Can’t Answer Your Cell Phone

Here's an interesting case that might fall under the tagline, "Don't answer that phone!" In a case that illustrates occasional over-reaching by police officers in their attempts to secure evidence of criminal wrongdoing, a Massachusetts Superior Court judge recently ruled that evidence, obtained by police officers who answered a defendant's cell phone while he was being booked, cannot be admitted as evidence against that defendant. It's a case that some people might say warranted the admission... Posted on November 1, 2009 at 05:28 pm by William D. Kickham
Oct 21
Massachusetts High Court Rules Against D.A.'s Use of Inmates' Recorded Conversations - Part 2 of 2

In my previous post, I discussed a recent Massachusetts Supreme Judicial Court (SJC) ruling, concerning the admissibility of jail inmates' recorded phone conversations. More accurately put, the decision concerns not so much the admissibility of these recordings in and of themselves, but in how the recordings must be obtained by prosecutors, before the recordings will be allowed as admissible. The court's unanimous decision ruled that in prosecutors unilaterally drafting and presenting this... Posted on October 21, 2009 at 11:12 pm by William D. Kickham

Rank This Week: 995

New York Federal Criminal Practice...

New York Federal Criminal Practice

Covers court decisions, news and developments affecting federal criminal practice in New York. By JaneAnne Murray.

http://www.nyfederalcriminalpractice.com/

Nov 16
Two SDNY Judges Reject Guideline Enhancements Based on Prior Convictions

Guest contributor Eric Creizman writes: Every defense lawyer knows that even though the mandatory Sentencing Guidelines regime is a thing of the past, the calculation of a defendant's advisory Guidelines range remains a very meaningful component of sentencing. Although they are not bound by a defendant's Guidelines range, courts nonetheless are instructed to "begin all sentencing proceedings by correctly calculating the applicable Guidelines range." United States v. Savage, 542 F.3d 959, 963-64... Posted on November 16, 2009 at 02:45 pm
Nov 5
Second Circuit Explains its Understanding of a "Substantively Unreasonable Sentence"

A review of 2008 sentencing statistics reveals some fascinating facts: courts in the Eastern and Southern districts of New York impose non-government-sponsored below-Guidelines sentences in about a third of the cases (30% in the Eastern; 33% in the Southern) - well more than twice the equivalent departure rate nationally (13%) - but they incarcerate at a rate equal to their national counterparts. In fact, 87% of all federal offenders sentenced last year in New York's busiest two districts were... Posted on November 5, 2009 at 09:14 pm
Nov 5
EDNY Judge Assails Guidelines' Denial of Safety Valve Relief to Individuals with Minor Records

"Minimal [statistical] impact," as Judge Weinstein points out in United States v. Feaster, 2009 WL 2757157 (E.D.N.Y. August 26, 2009), is no consolation to the individual who is impacted. Just because an inequity is infrequent doesn't make it any less an inequity, or "is no less real and no less unfair for the few ill-fated defendants facing what can only be considered a 'pothole on the road to justice.'" Speaking about the quirks of fate that affect one's eligibility for the safety valve (the... Posted on November 5, 2009 at 09:12 pm

Rank This Week: 1000

Criminal Defense

Covers issues in criminal defense. By Brian Tannebaum.

http://criminaldefenseblog.blogspot.com/index.html

Nov 16
Will Scott Rothstein Get A Voluntary Surrender?

The public takes for granted when they hear that someone "surrendered to authorities." Surrendering to authorities means that either there is a mature, experienced agent or police officer on the case, or that heavy negotiations took place, or that there's some pissed off cop who didn'tget a chance to have his "fun." I say "fun" because recently I asked for a voluntary surrender for a client and was told by the officer: "well, making those 6:30 a.m. arrests are really the only fun we have... Posted on November 16, 2009 at 05:22 am
Nov 11
David Letterman Wasn't Extorted

As a defense lawyer, the job is to defend. Defending means determining the appropriate defense to the charge. There are simple defenses: didn't do it, that guy did it, insanity, statute of limitations has run, charge is not appropriate, and of course the old "I wasn't stealing his car, I was just borrowing it for a while. I was going to bring it back." While it appears that David Letterman was asked to pay $2 million dollars for silence on some scandalous allegations, we are learning now that,... Posted on November 11, 2009 at 04:58 am
Nov 10
Why Life Without Parole For Juveniles Makes Sense

No, it doesn't make sense to me. But it makes sense that they remain in effect based on the fabric of our society, based on "what the public wants," says the government. Yesterday, as every lawyer in the world knows, the United States Supreme Court heard argument on the issue of whether life sentences without parole for juveniles convicted of non-homicide offenses is a violation of the Eighth Amendment prohibiting cruel and unusual punishment. There is no question but that we have lost any... Posted on November 10, 2009 at 01:48 pm

Rank This Week: 1006

Florida Criminal Law Blog

Covers criminal law issues, news, and trials in the Pensacola Florida Area. Published by Jim Jenkins.

http://www.floridacriminallawblog.com/

Nov 13
Plea Deal Reneged -- Roman Polanski

News coverage of the Roman Polanski arrest as he attempted to enter Switzerland to attend the Zurich Film Festival to receive an award in September of 2009 has been extensive. The case involves Mr. Polanski, when he was 43 years old, having sexual intercourse with a 13 year old girl in 1977. The girl alleged it was not voluntary. Regardless of whether the acts between the two were voluntary, the act would have constituted statutory rape under California law. The girl alleged she had been given... Posted on November 13, 2009 at 11:40 am by Jim Jenkins
Oct 10
The Risks of Narcotics Dealing

In Pensacola and Florida, as well as throughout the entire country, we often hear stories in the news media about people's homes being searched by law enforcement who discover all types of incriminating evidence. The majority of these stories, but certainly not all, involve the seizure of narcotics. As we heard heard in Glenn Frey's 1985 hit song Smuggler's Blues: "I'm sorry it went down like this, someone had to lose, It's the nature of the business, it's the smuggler's blues," sooner or... Posted on October 10, 2009 at 08:37 am by Jim Jenkins
Aug 24
Reasonable Expectation of Privacy at Police Stations

A corollary issue to the blog written below, "Recording Telephone Conversations and Communications in Florida," about the recording of telephone conversations is a person's reasonable expectations of privacy in police stations and in the back of police squad cars. People being interviewed or detained should be aware there is no right to a reasonable expectaion of privacy in their conversations in either of these locations. Most squad cars these days are equipped with recording devices that... Posted on August 24, 2009 at 12:21 pm by Jim Jenkins

Rank This Week: 1011

Third Circuit Blog

Case summaries and commentary by Federal Defenders of the Third Circuit.

http://circuit3.blogspot.com

Nov 5
For Purposes of Double Jeopardy, General Conspiracy Statute Creates Single Offense that May Be Committed in Two Ways

In United States v. Rigas, No. 08-3218 (3d Cir., 10/21/2009) , the defendants, members of the Rigas family, were charged with participating in a fraudulent scheme effectuated through their ownership of Adelphia Communications. The defendants were indicted, inter alia, for conspiracy under 18 U.S.C. &#xc2&#xa7 371 in two separate jurisdictions for the conduct underlying this fraudulent scheme. Specifically, in 2002, the Southern District of New York indicted the defendants for conspiracy to commit an... Posted on November 5, 2009 at 03:24 am by Angela Haynes
Nov 5
Indictment Alleging Honest Services Fraud Sufficient Where Charges Allege Intentional Violation of Clearly Defined Fiduciary Duty

The issue in United States v. McGeehan, Nos. 05-1954 & 05-2446 (3d Cir.,10/22/2009) , was whether the defendants, the President/CEO and Vice-President/COO of a publicly-funded, non-profit corporation, could be prosecuted for "honest services" fraud under 18 U.S.C. &#xc2&#xa7&#xc2&#xa7 1341, 1343 and 1346. The defendants ran the Ben Franklin Technology Center (hereinafter "BFTC"). The purpose of BFTC was to administer funds provided by the Commonwealth of Pennsylvania for other organizations in an effort to... Posted on November 5, 2009 at 03:21 am by Angela Haynes
Nov 5
Shoupe Departures Applicable to Criminal History Only, Not Offense Level

In United States v. Grier, No. 07-3507 (3d Cir., 10/26/2009) ,the defendant challenged the district court's ruling that it did not have the authority to reduce his offense level as an overstatement of the seriousness of his offense, pursuant to &#xc2&#xa7 4A1.3. Prior to 2003, the Third Circuit had interpreted U.S.S.G. &#xc2&#xa7 4A1.3 to permit a downward departure from a defendant's career offender status if the court found that the career offender designation over-represented his criminal history. In United... Posted on November 5, 2009 at 03:13 am by Angela Haynes

Rank This Week: 1033

New York Criminal Attorney Blog

New York Criminal Attorney Blog covers DWI/DWAI, traffic violations, gun crimes, weapon crimes, prostitution, and other criminal offenses. By New York attorneys, Tilem & Campbell.

http://www.newyorkcriminalattorneyblog.com/

Oct 30
CHILD ABUSE AND NEGLECT – PART 3: ABUSED CHILD – INFLICTION OF PHYSICAL INJURY BY OTHER THAN ACCIDENTAL MEANS – CORPORAL PUNISHMENT

As previously discussed, New York Child abuse cases that allege that a child was "abuse" as opposed to neglected may be difficult to prove since abuse requires proof of the infliction of a physical injury caused by other than accidental means that causes a substantial risk of death or other or serious or protracted disfigurement, or a protracted impairment of the child's physical or emotional health or the protracted loss or impairment of the function of any bodily organ. 18 NYCRR &#xc2&#xa7... Posted on October 30, 2009 at 10:12 pm by John Campbell
Oct 30
NEW YORK TEXTING WHILE DRIVING LAW GOES INTO EFFECT TOMORROW NOVEMBER 1, 2009

Starting November 1, 2009, New York drivers will have another good reason not to text while driving, it will become illegal, a traffic infraction under New York Law. New York's new texting while driving law is going into effect Sunday and there is little doubt that police and other law enforcement officers will be looking for those who are texting while driving. The new law is subject to secondary enforcement which simply means that a motorist must commit and be stopped for another offense such... Posted on October 30, 2009 at 10:12 pm by Peter Howard Tilem
Oct 28
NEW YORK CHILD ABUSE AND NEGLECT – PART 2: ABUSED CHILD – INFLICTION OF PHYSICAL INJURY BY OTHER THAN ACCIDENTAL MEANS

Understanding the legal definition of relevant terms associated with New York child abuse or neglect allegations is imperative when you are the subject of a report alleging child abuse, maltreatment and/or neglect. These definitions are set forth in the Social Services Law, the Family Court Act and the Mental Hygiene Law as well as the Regulations of the Department of Social Services. For purposes of an investigation by a Child Protective Services agency, there are several ways a child can be... Posted on October 28, 2009 at 11:40 pm by John Campbell

Rank This Week: 1043

Calgary Criminal Lawyers' Weekly

Covers current developments of the criminal justice system in Calgary, Alberta. By Michael Bates.

http://calgarycriminallawyer.blogspot.com/

Oct 8
Laziness and Greed Trump Safety in Calgary Parking Lots

I have been absent from writing this page for a long time...criminal law is booming in the recession I guess. But even as I prepare to pick a jury for a murder trial tomorrow, and feverishly work to complete a factum for the Court of Appeal, I simply cannot resist commenting on this headline: "Drivers Ticketed for Parking in Wrong Direction" [www.cbc.ca] At first I thought, people parking on the opposite side of a street...so they parked illegally and got a ticket...how is this a news story?... Posted on October 8, 2009 at 08:51 am by M Bates
Jun 30
"...nameless, unreasoning, unjustified terror..."

Selling ice to an Eskimo is supposedly some kind of measure of the prowess of an advocate. Looked at one way, convincing someone they want to part with something of value in exchange for something they clearly don't need is an impressive display of the art of persuasion and of the ability to dispatch logic and reason with a carefully calculated series of suggestion. From a different set of eyes, though, obfuscating reality for gain in exchange for worthless fodder is at best immoral and at... Posted on June 30, 2009 at 06:10 pm by M Bates
Jun 9
Blame It On Bail - And Those Who Dare To Grant It

By now, most citizens of Calgary will have heard of the arrest made and 3 counts of murder laid in the investigation into the triple homicide that occurred at a restaurant in Calgary on January 1, 2009. Furthermore, most will have been advised by the local media, without any legitimate context, that the accused killer was "released on bail" mere days before the shootings after having been charged with a number of drug and weapons offences on Dec. 22, 2008. [www.cbc.ca] Of course, none of us... Posted on June 9, 2009 at 06:20 pm by M Bates

Rank This Week: 1058

Fraud, Phishing and Financial...

Fraud, Phishing and Financial Misdeeds

Covers identity theft.

http://fraudwar.blogspot.com/

Jun 27
Lucid Intelligence – A Free Way to Discover IF Your Identity Has Been Stolen!

Millions of personal and financial records have been compromised in recent years and the criminals involved in trading this information operate worldwide. "A criminal might be based in Romania, using servers hosted in Russia, stealing data from people in Germany, to buy goods from an American retailer for delivery in the UK, using an Australian credit card," according to a new site called Lucid Intelligence, which seeks to level the playing field for the individual victims of these crimes.... Posted on June 27, 2009 at 08:22 pm by Ed Dickson
Jun 13
Are Anti-Aging Products Containing Resveratrol Scamming Innocent People?

Getting old happens to the best of us - and ever since Juan Ponce de Leon went to Florida in 1512 on a quest to find the fountain of youth - many have searched for a miracle that would stop, slow or reverse the aging process. The marketing of Resveratrol is the latest chapter in this saga and has inspired some greedy and not very honest entities to hawk Resveratrol products over the Internet they claim are "guaranteed." The only guarantee with some of these products is that the person buying... Posted on June 13, 2009 at 11:47 pm by Ed Dickson
Jun 8
Trust Caller ID, Become a Crime Victim!

Fraud using the telephone is nothing new; it's probably been around as long as there have been telephones. After all, a telephone is merely a communication device and can be used to dupe someone into doing something they shouldn't have. Saying that, telephone technology, which has grown rapidly in recent years, has given fraudsters a wide array of new tools to use to depart common people and even large businesses from their hard-earned money. Take caller ID for instance, which is marketed as a... Posted on June 8, 2009 at 12:01 am by Ed Dickson

Rank This Week: 1093

Direct Appeal

Covers recent criminal cases from the U.S. Court of Appeals for the Tenth Circuit. By Russell Wheeler.

http://directappeal2.blogspot.com/index.html

May 28
District court reasonably denied competency hearing where defendant’s behavior was merely odd and disruptive

COMPETENCE United States v. Landers, No. 08-6105, ___ F.3d ___ (10th Cir. May 5, 2009)(W.D. Oklahoma). Appeal of convictions for conspiring to impede federal officials in performance of their duties and for mailing threatening communications in violation of 18 U.S.C. &#xc2&#xa7&#xc2&#xa7 372 and 876. HELD: District court did not err by not ordering competency hearing. District court reasonably determined there was insufficient cause. While defendant's courtroom behavior was disruptive, it was not hysterical or... Posted on May 28, 2009 at 06:59 am
May 28
Due process is not violated by denial of second competency hearing where defendant’s trial behavior is insufficient to show competence compromised

DUE PROCESS/COMPETENCE United States v. Cornejo-Sandoval, No. 08-2070, ___ F.3d ___ (10th Cir. May 5, 2009)(New Mexico). Appeal of convictions for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. &#xc2&#xa7&#xc2&#xa7 841(a)(1) and 846. HELD: District court did not violate defendant's due process rights, and therefore, abuse its discretion, by denying him a second competency hearing. A reasonable judge situated in the same position as this judge would find insufficient cause to... Posted on May 28, 2009 at 06:17 am
May 27
Foreclosure price of fraudulently financed property may be used to determine victim’s loss for restitution purposes

RESTITUTION United States v. James, No. 08-1292, ___ F.3d ___ (May 5, 2009)(Colorado) Appeal of restitution order entered in conjunction with conviction for wire fraud and aiding and abetting in violation of 18 U.S.C. &#xc2&#xa7&#xc2&#xa7 2 and 1343. HELD: Under Mandatory Victim Restitution Act at 18 U.S.C. &#xc2&#xa7 3663(A), methods other than fair market price may be used to calculate property value for determining amount of restitution (e.g., foreclosure price or replacement price). In this instance, foreclosure... Posted on May 27, 2009 at 05:59 am

Rank This Week: 1102

SBS Blog

Covers the shaken baby syndrome. By Robert D. Bennett.

http://blog.sbslawyer.com

Jun 27
CONTACT INFORMATION FOR US

Due to our hectic schedule the best way to contact us is by email at rbennett@etex.net. This email will not only be accessible through my office and home computers but also "bounces" to my BlackBerry which I have with me at all times and can usually answer even when I'm in court. Posted on June 27, 2008 at 06:24 pm by Robert Bennett
Jun 14
A Need for Speed

While the title of this entry is tongue in cheek, if you are the target of a Shaken Baby Syndrome investigation it is absolutely imperative that you move quickly. Recently I received a Google news alert that a gentleman who spoke with me some time ago had been indicted for allegedly shaking a child. A proactive approach on the part of the accused can sometimes prevent charges from being filed. On the other hand, a passive approach will almost certainly result in the charges being brought and,... Posted on June 14, 2008 at 11:37 am by Robert Bennett
Jun 5
The Truth behind SBS Symptoms – Is it Out There?

The death of an infant is hard to take, more so when the loss of life is thought to be deliberate. Parents and baby-sitters have been equally accused of shaking babies, sometimes literally to their deaths. Whether they do it maliciously or in frustration at not being able to control the child is anyone's guess, but the fact remains that the baby is dead, and if alive, scarred for life with mental disorders, learning disabilities, seizures, and visual and speech disabilities. There have been... Posted on June 5, 2008 at 03:12 pm by Robert Bennett

Rank This Week: 1143

Kansas Death Penalty Focus

http://ksdpfocus.blogspot.com/index.html

Mar 19
Closing Down

After much thought I've decided that I need to close this blog down. Things have gotten to hectic to keep it up and running in a worthwhile manner. I'll leave the site up as an archive and who knows, I might start blogging again in the future. Posted on March 19, 2008 at 09:29 am by KSDP Focus
Feb 27
Evidence hearing begins in Thurber case

BY TIM POTTER The Wichita Eagle Testimony this morning in a hearing on whether to allow some evidence in the trial of Jason Thurber focused on searches of Thurber's room in his parents' house. The defense has contended that search warrants are overly broad. Prosecutors said authorities seized a filet knife scabbard with what appeared to be a spot of dry blood. Thurber, 24, of Arkansas City, is charged with kidnapping, raping and murdering Jodi Sanderholm, a 19-year-old Cowley College student... Posted on February 27, 2008 at 05:16 am by KSDP Focus
Feb 14
We're Still Here

Sorry for the lack of updates. We're in the middle of a couple of cases right now that have kept me away from the blog longer than I planned. We'll be back to regular posting as soon as we can. Posted on February 14, 2008 at 04:20 am by KSDP Focus

Rank This Week: 1158

NJ Criminal Law Blog

Covers DUI, search and seizure and other criminal law topics. By David Bruno.

http://nj-criminal-law-blog.com

Mar 16
The NJ Supreme Court held that the Alcotest is scientifically reliable and that its results are admissible in drunk driving prosecutions.

State v. Jane H. Chun, et al., 3/17/08 (NJ SC) The NJ Supreme Court adopted, as modified, the Special Master's reports and recommendations. Subject to certain conditions, the Court held that the Alcotest is scientifically reliable and that its results are admissible in drunk driving prosecutions. The Court contemporaneously issued an Order vacating its January 10, 2006, stay of drunk driving prosecutions, appeals, and sentencing, which shall proceed in accordance with the directives set forth... Posted on March 16, 2008 at 08:44 pm by Patricia Bruno
Mar 12
The State may, consistent with a defendant's right to remain silent, cross-examine him on the late filing of his alibi notice when such cross-examination is designed to highlight inconsistencies between the alibi notice and defendant's testimony a mere

State of New Jersey v. Douglas Noble, 3/13/08 (AD) The Appellate Division held that the State may, consistent with a defendant's right to remain silent, cross-examine him on the late filing of his alibi notice when such cross-examination is designed to highlight inconsistencies between the alibi notice and defendant's testimony a mere two days later. The Court concluded that where the cross-examination on the timing of the alibi notice served to demonstrate the unlikelihood that defendant's... Posted on March 12, 2008 at 08:42 pm by Patricia Bruno
Mar 11
When a jury acquits a defendant of the sole charge in the indictment, retrial for a lesser-included offense on which the jury was deadlocked is not constitutionally barred.

State of New Jersey v. Hipolito Ruiz, 3/12/08 (AD) When a jury acquits a defendant of the sole charge in the indictment, retrial for a lesser-included offense on which the jury was deadlocked is not constitutionally barred. ... Posted on March 11, 2008 at 08:41 pm by Patricia Bruno

Rank This Week: 1159

LETTER OF APOLOGY: A WHITE COLLAR...

LETTER OF APOLOGY: A WHITE COLLAR BLOG

Covers federal white collar crime cases and investigations. By Solomon Wisenberg.

http://www.letterofapology.com/whitecollar/

Jan 13
Some Things Are Still Troubling At Main Justice

An insurance executive files a lawsuit against the GOP Governor of Alabama, the former Lieutenant Governor, the Insurance Commissioner, and other state officials. The plaintiff subpoenas a political consultant, who served as a strategist or advisor to several of the defendants. The political consultant's wife is the United States Attorney for the Middle District of Alabama. After the lawsuit is filed, the U.S. Attorney's Office begins a grand jury investigation of the plaintiff. Okay, class.... Posted on January 13, 2008 at 08:02 am by Solomon L. Wisenberg
Jan 8
Trial of Former Gen Re Execs Begins

Both the Washington Post and the Walll Street Journal have stories on the white collar trial of former Gen Re and AIG insurance executives, which began yesterday in the District of Connecticut. Neither the Post story nor the Journal story provides much in the way of detail to help the reader understand the charges. In fact, almost none of the pieces I have read on the trial go into to the Indictment's allegations in any depth. The focus, not surprisingly, seems to be on Warren Buffett and... Posted on January 8, 2008 at 06:29 am by Solomon L. Wisenberg
Jan 2
DOJ Launches Criminal Inquiry Into CIA Destruction of Interrogation Tapes

Attorney General Mukasey has done the right thing and launched a criminal inquiry into the CIA's destruction of terrorist interrogation tape videos. If the tapes were covered by any standing judicial order to preserve evidence and the official or officials who ordered or allowed the destruction knew of such an order, indictment is a real possibility. The current First Assistant in the Connecticut U.S. Attorney's Office, John H. Durham, has been tapped to handle the probe, although he is not a... Posted on January 2, 2008 at 01:23 pm by Solomon L. Wisenberg

Rank This Week: 1162

prPROpinion

Legal news and commentary with a focus on criminal law from Richard Lavinthal.

http://www.prpropinion.com

Sep 2
NJ College Alcohol Hazing Death Charges Dismissed; Reputations Can't Be Restored As Easily

An Aug. 3, 2007 indictment on aggravated hazing charges instantly branded two Rider University administrators as criminal facilitators in connection with the alcohol-poisoning death of a fraternity pledge. The news appeared across the U.S. and around the world. The two apparently weren't present (or culpable) in the unfortunate March 2007 death of a freshman pledge from California. But they were very present in the crosshairs of Joseph L. Bocchini Jr., Mercer County, New Jersey's chief law... Posted on September 2, 2007 at 04:30 am by Richard Lavinthal's prPROpinion
Jul 10
ABC News, Philadelphia Inquirer, KYW AM and the "Fort Dix Six"

When the Philadelphia Inquirer needed legal communications perspective on the groundbreaking decision by the Hon. Robert B. Kugler to make all the evidence in the "Fort Dix Six" trial available in realtime it called me for comment. The front-page article was headlined, "In a U.S. first, the judge wants to make evidence available on a site as soon as it's introduced." . . ."Legal and journalism experts say nothing similar has ever been attempted in the federal judiciary, and they said these... Posted on July 10, 2007 at 03:58 pm by Richard Lavinthal's prPROpinion
Jun 4
Stu Rabner Is No Gambler And The NJ Supreme Court Wins

Most newspaper readers are unaware that reporters don't write their headlines. But that's no excuse for the the desk person at the Times of Trenton who wrote, "Prosecutor who dreamed of judgeship hits jackpot," for the Sunday feature Josh Margolin and Kate Coscarelli wrote about the impending nomination of Stuart Rabner as Chief Justice of the NJ Supreme Court. The gambling implication in the headline was an affront to a professional, highly principled attorney and prosecutor who spent as... Posted on June 4, 2007 at 03:20 pm by Richard Lavinthal's prPROpinion

Rank This Week: 1172

Federal Criminal Appeal Blog

By McNabb Associates.

http://www.federalcriminalappealblog.com

Jul 13
SCOTUS Rules on Reasonableness of Federal Sentencing Guidelines

Last month, the Supreme Court ruled in Rita v. United States, No. 06-5754, that sentences falling within the guidelines may be presumed "reasonable" by federal appeal courts reviewing the sentences. [1] Justice Breyer wrote for the majority, stating that the ruling "simply recognizes the real world circumstance that when the judge's discretionary decision accords with the Commission's view&#xe2€&#xa6it is probable that the sentence is reasonable." [2] There has been substantial uncertainty about the... Posted on July 13, 2007 at 08:14 am by McNabb Associates, P.C.
Jun 11
Judge’s Role In Plea Overturns Sentence-Washington, D.C.

Although a district court judge may reject a plea agreement and express its reasons for doing so, Federal Rule of Criminal Procedure 11(e)(1) prohibits "all forms of judicial participation in or interference with the plea negotiation process." [1] The reasons for this bright line rule are clear. "First, it diminishes the possibility of judicial coercion of a guilty plea, regardless whether the coercion would actually result in an involuntary guilty plea. Second, the judge's involvement in the... Posted on June 11, 2007 at 03:24 am by McNabb Associates, P.C.
May 18
Breach of Plea Agreement-New Mexico

Criminal defendants may choose to work out a plea agreement with the federal government rather than going to trial. In exchange for a guilty plea, the defendant may receive a shorter sentence than if he or she were to go to trial. Although the sentencing judge is not bound by the plea agreement, the judge will generally follow the government's recommendations that the prosecutor presents at sentencing. Prosecutors do not need to present promised recommendations to the court with any particular... Posted on May 18, 2007 at 09:33 am by McNabb Associates, P.C.

Rank This Week: 1177

Public Pretender

Covers criminal law from public defender perspective.

http://public-pretender.blogspot.com

Jun 15
Local Victim Advocate Investigated

This story from the Star Tribune came out yesterday and there is a follow-up in today's paper. It is about a Hennepin County victim-witness advocate who is under investigation for allegedly giving defense attorneys information about witness and alleged victim contact information. This seems bizarre to me. While I have heard of some circumstances where witness contact information is only available on a limited basis, isn't this stuff that the defense has to have in order to investigate and have... Posted on June 15, 2007 at 12:42 am by Southfew
Jun 8
New PD TV pilot filmed

According to imdb.com, Janeane Garafalo is starring in a newly created TV series pilot called "Law Dogs" which is about public defenders. More details here. Who knows if it will ever air? Or if it will be any good.... Posted on June 8, 2007 at 05:14 pm by Southfew
May 14
You're Fired!

Today was a jury trial calendar. I had seven set. One of them involved a client accused of punching a guard at the local jail. The case was charged about six months ago when my client was facing a more serious charge of terroristic threats and a prison commitment if convicted. The prosecutor and I decided to track the jail assault case with the terroristic threats case figuring that the terroristic threats case had bigger stakes. The allegations in the terroristic threats case involved client... Posted on May 14, 2007 at 02:19 pm by Southfew

Rank This Week: 1181

The Wretched of the Earth

Covers issues affecting the poor and indigent.

http://thewretchedoftheearth.blogspot.com

Jun 13
Dallas DA Missteps

I've been quick to praise Craig Wakins for the changes he brought to the Dallas District Attorney's office. But now I've heard of a new policy I roundly disagree with. I hear that Dallas ADA's have stopped reducing DWIs to the lesser included charge known around the courthouse as obstruction. Let me explain. Usually, if you're charged with some crime and the case against you is weak, the Posted on June 13, 2007 at 12:10 pm by Poverty Lawyer 1
Jun 13
Why DNA Tests Are So Important

Exonerations are one obvious reason courts should grant DNA tests as a general rule. If someone says they were wrongfully convicted and DNA can prove their innocence, I can't think of one good reason not to grant the test. But exonerations are just one reason to grant DNA tests. DNA can reaffirm a defendant's guilt too. This time, that's just what it did. "The recent DNA results in the Posted on June 13, 2007 at 12:00 pm by Poverty Lawyer 1
Jun 11
Catch and Release vs. Broken Windows

Once again, Grits for Breakfast has a great post on criminal justice-related issue. This time he's covering HB 2391, a bill awaiting Governor Good Hair's signature which would ease jail overcrowding by allowing police the discretion to "catch and release" low level criminals. Instead of arresting every nonviolent, low-level Tom, Dick, and Harry (and thereby filling up jail beds - or floor space Posted on June 11, 2007 at 04:34 am by Poverty Lawyer 1

Rank This Week: 1182

DUI Blog

Covers drunk driving laws, news and false evidence. By Lawrence Taylor.

http://www.duiblog.com/

Jan 23
The Unknown Variable

The single most important factor in whether an individual will be arrested for driving under the influence (DUI) is not the evidence. It is the individual human differences of the officer himself. A study by the National Highway Traffic and Safety Administration [U.S. Department of Transportation Report No. H5-801-230] points out the effect of these differences on an officer's observations and conduct in the field: The officer's age and experience play a role in his alcohol-related arrest... Posted on January 23, 2007 at 05:28 am by Lawrence Taylor
Jan 16
The True Purpose of DUI Roadblocks

As I've commented repeatedly in the past, roadblocks ("sobriety checkpoints") are (1) unconstitutional, (2) ineffective at catching drunk drivers, and (3) used primarily to raise revenue for local municipalities... DUI Checkpoint Impounds 32 Vehicles Escondido, CA. Jan. 13 - Escondido police impounded 32 vehicles and arrested four people at a drunken driving checkpoint, a lieutenant said Saturday. Police withheld the names of three people arrested on suspicion of drug possession and one person... Posted on January 16, 2007 at 07:12 am by Lawrence Taylor
Jan 14
Does Marijuana Impair Driving?

It is against the law to drive while under the influence of marijuana. It has always been assumed that cannabis, like alcohol, impairs the perception, coordination, reflexes and judgment necessary for the safe operation of a motor vehicle. And, of course, there have been governmental studies addressing the question: Does marijuana impair driving? Interestingly, however, the findings do not necessarily support popular opinion.... On the one hand, the California Department of Justice has found... Posted on January 14, 2007 at 11:54 am by Lawrence Taylor

Rank This Week: 1194

Maryland DUI Lawyer Blog

Maryland DUI Lawyer Blog covers DUI topics such as breathalyzer and constututional issues, field sobriety tests, and DUI procedures and rights. By Maryland attorney, Bruce M. Robinson.

http://www.marylandduilawyerblog.com/

Jun 28
Howard County DUI - Serious Case -Serious Defense

Luckily the overwhelming majority of DUI cases in Maryland are relatively bland, that is, the driver had a little too much to drink and was stopped by Maryland's law enforcement for speeding or driving on the shoulder; nobody gets physically hurt. However, occasionally a very serious case comes along which necessitates an extremely high level of defense or the Defendant is going to jail for a very long time. In this very serious Howard County DUI case, my client mistakenly proceeded the wrong... Posted on June 28, 2009 at 02:06 pm by Bruce M. Robinson
May 23
Maryland DUI: Deplorable & Shocking Police Behavior

Regarding bogus DUI arrests in Maryland, I have had clients tell me about the nefarious behavior of officers for years, however I have never witnessed the behavior personally, until last night. On Friday, May 22nd at 10:50 p.m. I left Chilly's Restaurant on Route 32 and Londontown Blvd in Carroll County, Maryland, with my fiancee and her mother. I was lawfully sitting at the red light waiting to turn onto Route 32 North. At that time a female State Trooper (didn't get her car number, wish I... Posted on May 23, 2009 at 09:38 am by Bruce M. Robinson
May 22
The Breathilizer Gizmo

This is a guest author contribution regarding Breathalyzer Machines : Maryland DUI Lawyer Blog. 3 Ways Breathalyzers can be Incorrect Many BAC readings can be incorrect at the time you are tested following a DUI arrest, with the reading being as much as 23 percent higher than it should be due to inaccurate breathalyzer testing. There are a variety of reasons for these problems tracing back to the short comings of the machine design. A growing number of states across the country have begun to... Posted on May 22, 2009 at 02:26 pm by Bruce M. Robinson

Rank This Week: 1229

Criminal Justice Forum PodCast

Covers criminal justice and human rights and includes interviews with experts. From Frank Kopczynski and Criminal Justice Forum.

http://criminaljusticeforum.com

Apr 28
CASA's Accomplishments and Goals

Guest: Linda OsmundsonCASA (http://casa-stpete.org/) Posted on April 28, 2007 at 04:17 am
Apr 28
From the Schoolhouse to the Jailhouse

Guest: Dave PlyerPinellas County Juvenile Justice Council (http://www.pinellasjjc.org/) Posted on April 28, 2007 at 04:17 am
Dec 9
Voting, Machines and Amendment 3

Guests: Becky Steele and Pam HaengelACLU (http://www.aclufl.org/)Voting Integrity Alliance of Tampa Bay Florida (http://www.VIATampaBay.org) Posted on December 9, 2006 at 04:40 pm

Rank This Week: 1233

South Carolina Criminal Lawyer...

South Carolina Criminal Lawyer Blog

Covers legal topics such as DUI and traffic, drug charges, drug trafficking, fraud, and white collar crime. By Myrtle Beach, South Carolina criminal defense attorney, Russell Mace.

http://www.southcarolinacriminallawyerblog.com/

Oct 10
Prior Bad Acts Evidence in Lewd Act

The South Carolina Supreme Court recently held that evidence of prior bad acts of a defendant are not admissible unless motive or intent are at issue with the case. This is classically referred to as 404 Evidence. The United States Attorney will many times use this evidence to prove a case in Federal Court. The Supreme Court of South Carolina previously ruled under State v. Lyle (1923) evidence of other crimes may not be used to infer that the defendant committed the charged crime in this... Posted on October 10, 2009 at 02:22 pm by Russell Mace
Sep 29
Myrtle Beach Attorney Indicted

An attorney in South Carolina was arrested for soliciting a client to commit murder. Irby Walker has been arrested for trying to have another attorney killed. The case is being prosecuted in Horry County, South Carolina. Mr. Walker has been suspended by the South Carolina Bar and can no longer practice law. This is a classic example of making attorneys look like scum bags in the eyes of the public. There are some many law jokes based on factual scenarios. Mr. Walker is alleged to have been... Posted on September 29, 2009 at 10:50 am by Russell Mace
Sep 27
Federal Appeals

Time is of essence when reviewing a case for a federal criminal appeal. Our federal appellate attorneys are experienced with handling these cases on a daily basis. Hiring the right attorney at his level is your last chance at freedom and your last chance to get back into the justice system. In the Federal Court System the time period to file just the notice of appeal will begin the moment one is sentenced by the court. A good appellate attorney knows these timelines by heart and will be ready... Posted on September 27, 2009 at 09:19 pm by Russell Mace

Rank This Week: 1247

Total Criminal Defense Blog

Covers celebrity arrests and criminal defense law.

http://blog.totalcriminaldefense.com

Nov 19
Iraqi Father Runs Down Daughter in Parking Lot

Many fathers and daughters fight over typical issues like going on dates or extending a curfew. Usually these disagreements between parent and child work themselves out in the end, but that is not true for all families. According to a CNN article, Faleh Hassan Almaleki handled his situation differently when disagreeing with his daughter. He never approved of his daughter's new westernized lifestyle. He claimed she abandoned her Iraqi roots while embracing the western culture. Almaleki allegedly... Posted on November 19, 2009 at 10:01 am by mbrickley
Nov 4
Social Media: Outlet for Threats?

Popular blogging sites and social networks such as Facebook may now be portals for threats, according to a CNN article. One man allegedly used social networking sites to threaten witnesses to keep silent after the recent murder of a young football player - Jasper Howard - at the University of Connecticut. Christopher Mutchler - also a student at the university - wrote blogs online and allegedly made threats in attempt to keep witnesses from coming forward with any information about the murder.... Posted on November 4, 2009 at 02:25 pm by mbrickley
Nov 2
Rapper Lil Wayne Pleads Guilty to Gun Possession

Rapper Lil Wayne - real name Dwayne Carter - recently pleaded guilty to attempted gun possession in front of Manhattan Supreme Court Justice Charles Solomon. He pleaded not guilty to the charge of criminal possession of a weapon because he claims the gun was not his. The Associated Press reported that Lil Wayne received one year in prison for his conviction. If he would have been convicted of criminal possession he would have faced three-and-a-half years in prison, which is the mandatory... Posted on November 2, 2009 at 03:12 pm by mbrickley

Rank This Week: 1268

New York Criminal Defense Lawyer...

New York Criminal Defense Lawyer Blog

Covers non-criminal traffic matters, criminal traffic matters, under the influence convictions, and criminal defenses, processes, and recent decisions. By New York criminal defense lawyer, George P. Conway.

http://www.newyorkcriminaldefenselawyerblog.com/

Nov 18
New York Governor Paterson Signs Child Passenger Protection Act

New York Governor David A. Paterson yesterday signed the Child Passenger Protection Act aimed at making New York's DWI law the toughest in the nation. Under the new law: &#xe2€&#xa2 Any driver who operates a motor vehicle while intoxicated or impaired by drugs with a passenger under the age of 16 will automatically have their driver's license suspended; &#xe2€&#xa2 Any person driving while intoxicated or impaired by drugs with a passenger under the age of 16 years old in New York can be charged with a class E... Posted on November 18, 2009 at 09:00 pm by George P. Conway
Nov 18
New York Driving While Intoxicated Laws Expected To Become the Toughest in The Country

New York Assembly Speaker Sheldon Silver announced yesterday the introduction of new legislation aimed at making New York Driving While Intoxicated laws the toughest in the country by making driving while intoxicated with a passenger under the age of sixteen a felony and mandating that anyone convicted of a driving while intoxicated misdemeanor or felony offense install an ignition interlock system in their vehicle at their own expense. This new driving while intoxicated legislation is expected... Posted on November 18, 2009 at 08:06 am by George P. Conway
Nov 11
New York Courts: North Greenbush Town Court in Rensselaer County

North Greenbush Town Court has jurisdiction over traffic violations and misdemeanors occurring within the Town of North Greenbush, New York. North Greenbush Town Court also has preliminary jurisdiction over felonies occurring within the Town of North Greenbush, New York. North Greenbush Town Court is located at 2 Douglas Street, Wynantskill, NY 12198. The telephone number for the North Greenbush Town Court is 518.283.2789. The fax number for North Greenbush Town Court is 518.286.2336. North... Posted on November 11, 2009 at 09:22 pm by George P. Conway

Rank This Week: 1271

New York Lawyer Blog

Covers issues related to personal injury, estate planning, and criminal law. By New York Law Offices of Stephen Bilkis & Associates.

http://www.nylawyerblog.com/

Nov 17
Brooklyn Firefighter pinned under his truck and suffers an injury. If this were to happen to you, you would need a New York Injury Lawyer

Robert Puppa, a 33 year old Brooklyn firefighter was responding to a call when the fire truck he was in was involved in an accident. The accident occurred on Ashford Street in East New York. Another fire truck crashed into his and caused his truck to flip over, pinning him beneath it. He was stuck for two hours before workers were able to cut through the truck to rescue him. Puppa and 11 other fireman sustained injury during the crash. They were taken to Brookdale University Hospital; located... Posted on November 17, 2009 at 11:00 am
Nov 16
Brooklyn building’s collapse leaves victim’s needing a New York Personal Injury Lawyer

A Myrtle Ave., Brooklyn NY, apartment building collapsed leaving four people injured. The building had been cited by the city for having a crack that ran from the third to the first floor. Though the crack was reported on May 1, 2009, the owner claims it has been there for at least ten years. The building had been undergoing repairs for more than a week and a half. The building shook violently before it collapsed, which alerted the people inside. When the building fell it took down part of the... Posted on November 16, 2009 at 09:36 am
Nov 14
Another PATH train accident leaves numerous passengers with injury. It appears the injured parties will need an aggressive New York Injury Lawyer

Recently, a morning PATH train got into an accident while passengers were still aboard. PATH; which stands for Port Authority Trans Hudson; run from New Jersey to New York. The train that caused the accident was coming out of Hoboken, NJ and heading towards the World Trade Center Memorial. The train had approximately 450 passengers on it when it collided with a "bumper block" (a mechanism used to stop the train) at the 33rd Street Station in New York City. Fourteen people including the... Posted on November 14, 2009 at 09:29 am

Rank This Week: 1276

Long Island Criminal Trial Law

Offers ideas and updates on law, procedure, and tactics to aid trial lawyers (and others) involved with allegations of wrongdoing. By Anthony Colleluori.

http://colleluorilaw.blogspot.com

Jan 19
White Collar Crime and the Solo/Small Firm Practioner: Why Going "Small Law" Makes Sense

If history is to be believed, Dreier and Madoff is the tip of the iceberg in the prosecution of White Collar crimes. If the Junk bond debacle is any indicator of what is to come, a lot of people are about to be investigated and indicted. Many of these folks will be in New York, but there will be cases in many smaller legal venues as well. Many of those who are arrested will make the move to hire big law firms and big legal names. This time however, that may be the biggest mistake they will have... Posted on January 19, 2009 at 12:00 pm
Jan 13
Lawyers Help. How to Answer the Question: What Do You Do For a Living?

Laser speech; elevator talk; hooks. These are all concepts that Public Relation experts have introduced into the lexicon of the lawyer. We are told at countless "Marketing Seminars" that we have to develop a way to tell people what we do in a short, attention grabbing way. I found this a little challenging at first. I am not a man of few words. I am a story teller. I like to tell them and I like to hear good stories told. If you think about it. Story telling is what I do. I mean I do it in... Posted on January 13, 2009 at 04:00 am
Jul 20
Vior Dire Of Scientific Opinion At Trial: Attacking The Expert Witness, Before He's Declared An Expert. Part One

Expert witnesses in criminal trials are often members of police forces and Medical Examiner's offices. The County or State spends a lot of money to train these folks and they go to classes and they attend seminars. They have been on the job (especially in the police detective's case) for many years and often personally know the judges they appear before. They also have been found to be experts in dozens of other cases before the one you're trying so that their being named an expert now is a... Posted on July 20, 2008 at 09:00 pm

Rank This Week: 1314

Innocence Blog

Covers wrongful convictions. By the Innocence Institute of Point Park University.

http://wrongfulconvictions.blogspot.com

May 30
The Sleuth

This profile on U.S. Patriot News reporter Pete Shellem, which quotes Innocence Institute director Bill Moushey, ran in the American Journalism Review April/ May of 2007. From AJR, April/May 2007 The Sleuth June/July Preview &#xc2&#xbb Pete Shellem of Harrisburg 's Patriot-News has freed four people from jail through dogged, old-fashioned reporting. By Mario Cattabiani Patty Carbone. Steven Crawford. Barry Laughman. David Gladden. Combined, they had spent 66 years in jail. All were destined to die in a... Posted on May 30, 2007 at 06:26 am
Apr 20
New York police commisioner orders forensic shakeup

This article appeared in the New York Times on April 20, 2007: After Falsified Test Results, Kelly Orders Forensic Shakeup By Thomas J. Lueck With the disclosure that two civilian employees reported false results in testing drug bags in 2002 at the police crime laboratory, Police Commissioner Raymond W. Kelly has ordered a shakeup of the Forensic Investigations Division and the creation of an oversight panel, the authorities said yesterday. The changes come as a rebuke to the forensic unit's... Posted on April 20, 2007 at 06:05 am by Bridget

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