Posts tagged with: "criminal+law"
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18 Apr 2014, 4:58 pm
By H. Michael Steinberg - Colorado Criminal Defense Lawyer for Criminal Trials On April 7, 2014, the Colorado State Supreme Court carefully and logically set out the standards - the tests - to be applied by Colorado State Judges in deciding whether or not to grant a continuance of a criminal trial for a Defendant to fire his present lawyer and retain a new lawyer. In People v. Brown, 2014 CO 25 (April 7, 2014), Justice Brian Boatright held that a trial judge must apply a "balancing test" to a… [read post]
18 Apr 2014, 9:52 am by Jonathan Bailey
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Big Labels Take Aim at Pandora on Royalties First off today, Ben Sisario at The New York Times reports that the major record labels, including Sony, Universal and Warner Music, have filed a lawsuit against the Internet streaming service Pandora alleging that the service has refused to pay royalties for pre-1972 sound recordings that it streams. Before 1972, sound recordings were not protected under federal copyright… [read post]
18 Apr 2014, 9:23 am by Pete Strom
Federal Government Released Health Care Payment Info to Get Public’s Help with Medicare Fraud On Wednesday, April 9th, the federal government finally released information about payments from Medicare and Medicaid to doctors, and the numbers were astounding in many cases. Local reports across the country picked up on potential Medicaid and Medicare fraud in various states after […] [read post]
18 Apr 2014, 9:23 am by Pete Strom
As Part of Whistleblower Lawsuit, Lance Armstrong Lists Names of Those Who Supported Doping After insisting he would never “rat out” fellow teammates that allegedly supported his doping during his long cycling career, Lance Armstrong filed court documents on Wednesday, April 9th, in which he named those who supplied him with performance-enhancing drugs as part […] [read post]
18 Apr 2014, 8:18 am by Julie Brook, Esq.
It’s common for witnesses forget facts while testifying—often due to nerves and sometimes due to selective memory. The good news is that you can use almost any item to refresh a witness’s recollection. A common way to refresh a witness’s recollection is with a writing. Keep in mind that opposing counsel is entitled to inspect the document you want to use, cross-examine the witness about it, and introduce parts of it into evidence. Evid C §771. And don’t be tricked… [read post]
18 Apr 2014, 8:18 am by Julie Brook, Esq.
It’s common for witnesses forget facts while testifying—often due to nerves and sometimes due to selective memory. The good news is that you can use almost any item to refresh a witness’s recollection. A common way to refresh a witness’s recollection is with a writing. Keep in mind that opposing counsel is entitled to inspect the document you want to use, cross-examine the witness about it, and introduce parts of it into evidence. Evid C §771. And don’t be tricked… [read post]
18 Apr 2014, 7:28 am by Daniel Solove
I am deeply saddened by the passing of Gabriel Garcia Marquez, one of the world’s best contemporary authors. His magical realist style brims with life and zest — and his descriptions are unique and unforgettable. His most famous work is the magisterial One Hundred Years of Solitude, but my personal favorite is Chronicle of a Death Foretold. I teach this great work in my law and literature class. It is a novella about a murder and its legal consequences that takes place in a small town.… [read post]
18 Apr 2014, 5:55 am by Kevin Jon Heller
by Kevin Jon Heller As readers no doubt know, the Ukraine has accepted the ICC’s jurisdiction on an ad hoc basis for acts committed between 21 November 2013 and 22 February 2014. The self-referral has already led to a good deal of intelligent commentary — see, for example, Mark Leon Goldberg’s discussion of the politics of an ICC investigation here and Mark Kersten’s convincing argument that Russia may not be particularly opposed to an ICC investigation here. I… [read post]
17 Apr 2014, 3:19 pm by Matthew Izzi
From detective show dramas to Jay-Z lyrics, drug-sniffing dogs have become a widely recognized aspect of police work. In the past, these highly trained dogs have been bestowed not only with accolades from law enforcement, but legal status from the Supreme Court as not being an invasion into one’s expectation of privacy, and thus not a “search” for Fourth Amendment purposes. But all of that may be changing soon. Last year, the Supreme Court limited the use of drug sniffing dogs at… [read post]
17 Apr 2014, 3:09 pm by Staff Writer
In July 2013, the Illinois state legislature passed the Firearm Concealed Carry Act, which came into effect in early 2014. This law created a system by which the Illinois State Police may issue concealed carry gun permits to individuals who are at least 21 years old; have a valid FOID card; have not been convicted or found guilty in Illinois or any other state of:(A) a misdemeanor involving the use or threat of physical force or violence to any person within the 5 years preceding the date of the… [read post]
17 Apr 2014, 1:09 pm by D. Daxton White
According to reports, CEO and president of DBSI, Douglas L. Swenson, was convicted of thirty-four counts of wire fraud and forty-four counts of securities fraud. Three other top DBSI executives were also convicted on multiple fraud charges. The jury convicted Ellison, 65, of Boise, David Swenson, 36, of Boise, and Jeremy Swenson, 41, of Meridian, on forty-four counts of securities fraud. The Idaho Statesman reports that prosecutors described the fraud as a Ponzi scheme, however the term was… [read post]
17 Apr 2014, 12:16 pm by John Kell
Getty Images Former Goldman Sachs Group Inc. director Rajat Gupta will surrender to prison authorities on June 17 to begin a two-year sentence for leaking corporate secrets about the bank to a hedge fund at the height of the financial crisis. Mr. Gupta, under an agreement with a New York District Court, will surrender to serve his sentence no later than 2 p.m. on June 17, a federal judge in Manhattan said. [read post]
17 Apr 2014, 12:16 pm by John Kell
Getty Images Former Goldman Sachs Group Inc. director Rajat Gupta will surrender to prison authorities on June 17 to begin a two-year sentence for leaking corporate secrets about the bank to a hedge fund at the height of the financial crisis. Mr. Gupta, under an agreement with a New York District Court, will surrender to serve his sentence no later than 2 p.m. on June 17, a federal judge in Manhattan said. [read post]
17 Apr 2014, 10:43 am by Devlin Barrett
WASHINGTON—A Maryland man was sentenced to five years in prison Thursday for plotting with a woman who called herself "Jihad Jane'' as they sought to raise money and recruit people for terrorism plots overseas. Mohammad Hassan Khalid, 20, was a teenager when he began conspiring online with others, including Colleen LaRose, also known as "Jihad Jane,'' to send money and recruits to terror groups. [read post]
17 Apr 2014, 10:43 am by Devlin Barrett
WASHINGTON—A Maryland man was sentenced to five years in prison Thursday for plotting with a woman who called herself "Jihad Jane'' as they sought to raise money and recruit people for terrorism plots overseas. Mohammad Hassan Khalid, 20, was a teenager when he began conspiring online with others, including Colleen LaRose, also known as "Jihad Jane,'' to send money and recruits to terror groups. [read post]
17 Apr 2014, 7:36 am by Pete Strom
Columbia-Area Strippers Sue Clubs for Federal Minimum Wage Violations A group of strippers in the Columbia area are suing several South Carolina night clubs because they were not paid according to federal minimum wage standards. The lawsuit, which was filed in a federal court in South Carolina earlier in 2014, accuses strip clubs in Columbia and Greenville […] [read post]
16 Apr 2014, 9:01 pm by Marci A. Hamilton
When a man shot up a Jewish community center and nursing home in Overland Park, Kansas, last week, it did not take long to figure out he was a white supremacist who is viciously anti-Semitic. Jewish entities were on alert, because of the unusual confluence of Easter, Passover, and Hitler’s birthday (April 20) this year. His name is Frazier Glenn Miller and he has been charged with capital murder in the deaths of a 14-year-old boy and his grandfather, and with murder in the death of a woman. He… [read post]
16 Apr 2014, 8:32 am by Jonathan Bailey
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: U.S. Wins More Guilty Pleas in First Counterfeit Apps Case First off today, Jonathan Stempel at Reuters is reporting that the U.S. government has secured two more guilty pleas over pirated Android apps, raising the total number successfully convicted to four. Thomas Pace pleaded guilty to criminal copyright infringement for his role in the Appbucket Group and Kody Peterson pleaded guilty to the same charge for his… [read post]
16 Apr 2014, 8:23 am by Craig Atkinson
…The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her. United States Supreme Court,  Miranda v. Arizona Hollywood… [read post]
15 Apr 2014, 9:30 pm by Karen Tani
Beth A. Colgan (Stanford Law School) has posted "Reviving the Excessive Fines Clause," which appears in Volume 102, no. 2 of the California Law Review (2014). Here's the abstract:Millions of American adults and children struggle with debt stemming from economic sanctions issued by the criminal and juvenile courts. For those unable to pay, the consequences — including incarceration, exclusion from public benefits, and persistent poverty — can be draconian and perpetual. The Supreme Court… [read post]