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Criminal Law Blog Posts from November 19, 2009

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Criminal Law Posts (November 19, 2009)

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...
Posted on Sex Crimes on November 19, 2009 at 11:55 PM

Texecution

Governor Perry denied clemency tonight, despite the recommendation of his Board of Pardons and Parole. Texas, subsequently, executed Robert Lee Thompson for his role as the wheelman in a fatal Houston store holdup. The actual killer got life. Of course if Mr. Thompson had retained private counsel for his trial he’d still be alive as no [...]
Posted on Capital Defense Weekly on November 19, 2009 at 11:21 PM

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...
Posted on Sentencing Law and Policy on November 19, 2009 at 10:31 PM

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) Pe
Posted on Fourth Amendment on November 19, 2009 at 9:22 PM

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...
Posted on StandDown Texas Project on November 19, 2009 at 7:39 PM

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...
Posted on StandDown Texas Project on November 19, 2009 at 7:18 PM

Sex Offenders In Homeless Shelter? It's A Scare Tactic

11-19-2009 Massachusetts:Anybody want to own the hair-on-fire statistic that 50 percent of the homeless men who will use the no-freeze emergency shelter proposed for downtown Hartford are sex offenders?Anyone?I tried to track down who floated that idea. But so far, no takers.Not our number, said Mike Zaleski, head of the downtown business improvement
Posted on Sex Offender Issues, News, Recidivism and Studies on November 19, 2009 at 7:18 PM

Salem shelter would support banning sex offenders

11-19-2009 Massachusetts:SALEM ? The head of the Salem Mission said he supports a proposal to ban the most dangerous sex offenders from homeless shelters.However, Mark Cote, executive director of the Salem Mission, said he has reservations about the measure and believes the state has a responsibility to provide services and housing to offenders.The is
Posted on Sex Offender Issues, News, Recidivism and Studies on November 19, 2009 at 7:13 PM

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....
Posted on StandDown Texas Project on November 19, 2009 at 7:10 PM

VIDEO: Chicken comes home to roost

Not remotely crime-related ...
Posted on Crime Scene KC on November 19, 2009 at 7:04 PM

Legal Woes Continue for Tennessee Football Team

The hits keep on coming for the University of Tennessee football team, especially off the field. Just last week the team was faced with the distraction of having three players charged with attempted armed robbery which resulted in two of them being dismissed from the team and the third suspended from participating in team activities. Now this week it
Posted on Tennessee Criminal Lawyer Blog on November 19, 2009 at 6:58 PM

Another little Slate piece...

The real price of trying Khalid Sheikh Mohammed. - By David Feige - Slate Magazine
Posted on Indefensible on November 19, 2009 at 6:57 PM

Over the river and through the woods ... the police will be watching you

Just a heads-up -- Most of the Kansas law-enforcement community will take part in a weeklong traffic campaign that starts Monday and runs through the Sunday after Thanksgiving. (Merriam, which sent out a notice, is one of those on board.)...
Posted on Crime Scene KC on November 19, 2009 at 6:55 PM

Kurt Greenbaum, St. Louis Post-Dispatch Reporter, is a Fraud and Hypocrite

Kurt Greenbaum, a director of social media for the St. Louis Post-Dispatch, has answered an important question. Namely: "What happens when someone that knows very little about social media gets a job as a director of social media?" In answering the question, Greenbaum reveals himself as unethical and hypocritical. Kurt Greenbaum blogs at STL Social Med
Posted on Crime & Federalism on November 19, 2009 at 6:50 PM

Still Waiting on Word From Governor Perry

Robert Thompson's execution date is just over an hour away. Thompson, his attorneys, and reporters are waiting on Governor Rick Perry to accept or reject the Board of Pardons and Paroles that Thompson's death sentence be commuted to life in...
Posted on StandDown Texas Project on November 19, 2009 at 6:46 PM

10 years for man caught in online sex sting

From Mark Morris: A federal judge sentenced a Mississippi man to 10 years in federal prison today for attempted commercial sex trafficking of a child. Christopher M. Cockrell, 34, of Amory, Miss., pleaded guilty in July after he answered an...
Posted on Crime Scene KC on November 19, 2009 at 6:37 PM

Police Search for Pedophile Letter-Writer Targeting Young Girls

11-19-2009 National:Authorities are searching for a letter writer who has targeted more than 40 girls in the Phoenix metropolitan area in the past decade by sending sexually explicit letters to their homes.Authorities say there are 80 such cases around the county with 41 reported in Arizona, including 29 in Phoenix and Scottsdale.Phoenix police say th
Posted on Sex Offender Issues, News, Recidivism and Studies on November 19, 2009 at 6:37 PM

PHOTO: KCPD seeks man in GameStop case

From KCPD: Detectives are attempting to identify the person in the attached surveillance photos. He is a suspect in regard to a stealing from GameStop located at 906 Westport Road. The thefts are believed to have occurred between 11/13/09 and...
Posted on Crime Scene KC on November 19, 2009 at 6:32 PM

Couple arrested for refusing to tip?

In Bethlehem, Pa., a couple was arrested because they refused to pay an 18 percent gratuity for their group because, they say, the service was terrible. (It's one of those places where, if your group is big enough, you're automatically...
Posted on Crime Scene KC on November 19, 2009 at 6:24 PM

Help ID these persons of interest

KCPD is trying to identify and locate these three people, who are persons of interest in the Maurice West homcide from Nov. 4. (West, 20, was killed in the 11600 block of Holiday Drive.) Police say the pictured people were...
Posted on Crime Scene KC on November 19, 2009 at 6:13 PM

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 Cajúne, a young mother who was denied medically necessary...
Posted on The Real Cost of Prisons Weblog on November 19, 2009 at 6:02 PM

And they're off!

Boy, that didn't take long, did it? Within only a couple of weeks of me writing this, we have news of a primary contest for the Republican candidate for the 432nd District Court. Local Fort Worth attorney Tom Zachry has...
Posted on The Matlock Blog on November 19, 2009 at 5:55 PM

Jayson Williams to get prison in plea deal?

The former basketball star is charged with reckless manslaughter in the 2002 shooting death of a limo driver, a count that carries a potential 10-year sentence. New Jersey's Star-Ledger reports that Williams may plead guilty to aggravated assault under a...
Posted on Crime Scene KC on November 19, 2009 at 5:48 PM

Pentagon plans Fort Hood investigation

Defense Secretary Gates has set a 45-day time limit on the review, which will look at how the military identifies servicemembers who might be dangerous. And they'll look at whether U.S. bases are ready for situations like Fort Hood. It...
Posted on Crime Scene KC on November 19, 2009 at 5:28 PM

No trick or treat for you: Halloween canceled for sex offenders in Allen Park

11-19-2009 Michigan:Halloween will no longer be a treat for the 24 registered sex offenders in Allen Park: City Council this week unanimously approved an ordinance barring them from participating in activities traditionally associated with the holiday. The News Herald reports registered offenders won't be allowed to distribute candy or even appear to
Posted on Sex Offender Issues, News, Recidivism and Studies on November 19, 2009 at 4:57 PM

Casino officers detain man taking lewd pictures www.privateofficer.com

San Diego CA Nov 19 2009 A visitor to the Valley View Casino found himself under arrest this week, accused of aiming his cell phone camera underneath a woman’s skirt —- and it may not be the first time he has done so, authorities said Wednesday. The casino’s security officers detained David Hiroshi Oda, 39, Monday [...]
Posted on Private Officer News on November 19, 2009 at 4:48 PM

"Ohio launches new non-DNA innocence initiative"

The A.P. story is here.
Posted on CrimProf Blog on November 19, 2009 at 4:38 PM

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...
Posted on Sentencing Law and Policy on November 19, 2009 at 4:30 PM

"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 CrimProf Blog on November 19, 2009 at 4:29 PM

Retired police Captain dies in crash www.privateofficer.com

Pearl MS. Nov 19 2009 Retired Pearl police Capt. George Burgess was on his way to a motorcycle club meeting when his Yamaha cruiser collided with a Ford Taurus on Tuesday evening. Burgess, 58, died at the scene, at Lakeland and River Oaks drives in Flowood. The driver of the car, whose name was not released, was [...]
Posted on Private Officer News on November 19, 2009 at 4:25 PM

52 months for drunk driver whose passenger died

From WyCo DA: Howard Lewis, Jr., age 33, of Kansas City, Kansas, was sentenced to 52 months in prison this morning for the January 8, 2007, death of Waynedale Avery. Avery was the passenger is a vehicle driven by Lewis...
Posted on Crime Scene KC on November 19, 2009 at 4:23 PM

Do you recognize these men?

From LSPD: On October 15, 2009 the police department completed a motor vehicle theft report in the 200 block of NW Hemlock St. in northern Lee?s Summit. Taken in the theft was a black 2005 GMS S15, along with the...
Posted on Crime Scene KC on November 19, 2009 at 4:15 PM

TSA names Kimberly Herrea Officer of the Year www.privateofficer.com

Arlington VA Nov 19 2009 Kimberly Herrera, a transportation security officer at Albany International Airport, has been named the agency?s Employee of the Year for 2009. She accepted her award at the TSA?s Eighth Annual Honorary Awards Ceremony in Arlington, Va., this morning. Herrera, who has been with the TSA for seven years, in 2008 launched [...]
Posted on Private Officer News on November 19, 2009 at 4:07 PM

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 White Collar Crime Prof Blog on November 19, 2009 at 3:26 PM

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? ra
Posted on DUI Blogger on November 19, 2009 at 3:16 PM

KC bank robber left his wallet at crime scene

Albert Vincent Perkins, 40, of Kansas City pleaded guilty today to robbing the First Federal Bank, 4227 Blue Ridge Blvd, back in May. (A codefendant, Monique M. Hernandez, who cased the building, had already pleaded guilty.) The U.S. Attorney for...
Posted on Crime Scene KC on November 19, 2009 at 3:14 PM

New laws won?t allow clothes to dry on clotheslines www.privateofficer.com

PERKASIE, Pennsylvania Nov 19 2009(Reuters) ? Carin Froehlich pegs her laundry to three clotheslines strung between trees outside her 18th-century farmhouse, knowing that her actions annoy local officials who have asked her to stop. Froehlich is among the growing number of people across America fighting for the right to dry their laundry outside agains
Posted on Private Officer News on November 19, 2009 at 3:06 PM

Boy's head set ablaze by "redneck flamethrower," Alaska police say

The story is from Anchorage, where the 5-year-old was left alone with (A) Mom's boyfriend and (B) Mom's Baby Daddy, who decided to pull a prank on the boy, police allege. Specifically, they decided to call him to the door...
Posted on Crime Scene KC on November 19, 2009 at 2:56 PM

Some headlines just write themselves

From the Kitsap Sun ... Fun With Duct Tape Leads to Hospitalization for Belfair Student
Posted on Crime Scene KC on November 19, 2009 at 2:46 PM

Judge rules TSA went to far in porn search www.privateofficer.com

HONOLULU HI Nov 19 2009 – A federal judge in Hawaii on Tuesday threw out all the evidence against a man caught with child pornography at Hilo Airport. The judge ruled that screeners went too far in searching the man’s luggage. In a ruling that could affect the way the Transportation Security Administration screens luggage. The evidence th
Posted on Private Officer News on November 19, 2009 at 2:28 PM

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 appro
Posted on The Criminal Defense Blog on November 19, 2009 at 2:01 PM

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 CrimProf Blog on November 19, 2009 at 2:01 PM

Indoor pot-growing operation was 25 feet from LAPD station, police say

It's not clear how long they were in operation, but it sounds like a fairly elaborate setup. They even had insulation to keep the pot smell indoors -- only there must have been a crack because officers eventually caught a...
Posted on Crime Scene KC on November 19, 2009 at 1:58 PM

Northland red-light camera goes offline -- temporarily!

From Mike Mansur: Kansas City officials ceased ticketing drivers, beginning Wednesday, for making right turns at Northwest 68th Street at U.S. 169 in the Kansas City Northland. Many drivers had complained they were wrongly receiving red-light camera notices for making...
Posted on Crime Scene KC on November 19, 2009 at 1:51 PM

Stripper-mobile will ride again, owner vows

Some ideas are too powerful to die.
Posted on Crime Scene KC on November 19, 2009 at 1:34 PM

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 ev
Posted on Justice Building Blog on November 19, 2009 at 1:10 PM

Every picture tells a story

Sara snapped this photo when in KCPD's lobby this morning while she was making rounds. We're both very curious about who would leave their pants, heels and undies behind like that.
Posted on Crime Scene KC on November 19, 2009 at 12:59 PM

Bronsteen, Buccafusco & Masur on Happiness and Punishment

The Legal Workshop has an interesting piece by John Bronsteen (Loyola-Chicago), Christopher Buccafusco (Chicago-Kent; pictured), and Jonathan Masur (University of Chicago), drawn from their article at 76 U. Chi. L. Rev. 1037 (2009). Here's how it starts: New findings in...
Posted on CrimProf Blog on November 19, 2009 at 12:30 PM

"Soldier" warns Mo. school about possible attack

In Pettis County, authorities are trying to find a guy -- clad in a combat uniform -- who showed up at a local high school on Saturday evening, warning people that six escaped convicts could be in the area and...
Posted on Crime Scene KC on November 19, 2009 at 12:25 PM

Hackers Liable for Insider Trading?

I posed a question in an earlier post as to the liability of computer hackers for insider trading when they break into a company's computer systems, obtain material non-public information, and then trade on that information. There are a number of problems with that legal theory, as there is no fiduciary relationship between the hacker and the company.
Posted on SECLaw.com on November 19, 2009 at 12:03 PM

"Strip Yahtzee" leads to false claims of rape, Ind. cops say

A Muncie woman allegedly lost a game of strip Yahtzee and went, naked, into a room with her ex-boyfriend, police say. When her CURRENT boyfriend found out, the woman said she'd been raped, the authorities allege. Police now believe the...
Posted on Crime Scene KC on November 19, 2009 at 11:57 AM

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 covera
Posted on Grits for Breakfast on November 19, 2009 at 11:52 AM

Terrorist Aiding Criminal Defense Lawyers, Michelle Malkin Is Looking For You

This week, a federal appeals court ordered attorney Lynne Stewart to prison and asked the trial judge to review her sentence. It may have been too low based on his lack of consideration of whether she committed perjury.Conservative blogger Michelle Malkin was relieved:If there is a shining example of just how dangerous it is for America to give foreign
Posted on Criminal Defense on November 19, 2009 at 11:44 AM

Local bicyclist says driver's charges are too light

KSHB has a report about a local bicyclist who reportedly got hit while riding near the downtown airport. The motorist has been charged in Clay County with leaving the scene, a misdemeanor. The bicyclist says the incident was intentional and...
Posted on Crime Scene KC on November 19, 2009 at 11:42 AM

Was it OK to Taser 10-year-old?

Just a quick update to the story about an Arkansas police officer who reportedly Tasered a 10-year-old girl. His department says they're going to have an outside agency investigate. The officer, for his part, says he got permission from the...
Posted on Crime Scene KC on November 19, 2009 at 11:34 AM

OP woman accused of stealing health care from military

April Greer, 28, Overland Park, Kan., has been charged in federal court with one count of health care fraud, the U.S. Attorney for Kansas reports. Greer reportedly got divorced from her husband, a Marine sergeant, but continued to submit medical...
Posted on Crime Scene KC on November 19, 2009 at 11:27 AM

Mo. woman claims discrimination in Wal-Mart incident

We could get a verdict as soon as today in the case of Heather Ellis, a black woman accused of assaulting a cop and other crimes in Kennett, Mo. It all stems from a January 2007 incident at a Wal-Mart....
Posted on Crime Scene KC on November 19, 2009 at 11:07 AM

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...
Posted on Sentencing Law and Policy on November 19, 2009 at 10:42 AM

Fired cop sues over "urination incident"

In Wisconsin Dells, a former police officer is suing the city, saying he was fired without cause. Two National Guardsmen alleged that he had forced them to "lick the contents of a small puddle and eat a bit of a...
Posted on Crime Scene KC on November 19, 2009 at 10:37 AM

Texas Gov Perry considering rare capital clemency recommendation

This new AP article, which is headlined "Texas governor to decide condemned killer's fate," reports on a notable new death penalty development in Texas: The fate of a man facing execution Thursday evening for his role in a fatal robbery...
Posted on Sentencing Law and Policy on November 19, 2009 at 10:34 AM

Russia's highest court essentially abolishes death penalty in that nation

This new Reuters article, which is headlined "Russian court extends moratorium on death penalty," explains why Russia is now pretty close to officially being another European nation without capital punishment. Here are the details: Russia's Constitutional Court on Thursday effectively...
Posted on Sentencing Law and Policy on November 19, 2009 at 10:25 AM

Burglars complain about victims being so poor, Pa. cops say

What a lovely story: Two teenagers from Pennsylvania are accused of burglarizing homes and, just for giggles, videotaping the crime. Police say they can be heard complaining that so many of their victims are too poor. Hat Tip: Many thanks,...
Posted on Crime Scene KC on November 19, 2009 at 10:23 AM

"Does the punishment fit the crime for child porn?"

The question in the title of this post is the headline of this effective local article from Ohio. Here are excerpts, which also serve to spotlight how different sentences for this crime can often be depending upon whether a defendant...
Posted on Sentencing Law and Policy on November 19, 2009 at 10:19 AM

DHS appoints Islamic fundamentalists

Security compromised by political correctness
Posted on Northeast Intelligence Network on November 19, 2009 at 10:14 AM

Elderly UK woman uses false teeth, brush to chase off burglars

And she shook her Bible at them for good measure.
Posted on Crime Scene KC on November 19, 2009 at 10:07 AM

More charges coming in Mohler case?

That's what Don Bradley is reporting -- the new charges could be filed today. He also quotes a Mohler cousin who wasn't terribly impressed with yesterday's development, that authorities reportedly found incest porn at Burrell Mohler Sr.'s house. ?That?s unfortunate,...
Posted on Crime Scene KC on November 19, 2009 at 10:05 AM

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
Posted on Southern California Criminal Defense Blog on November 19, 2009 at 10:00 AM

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 bu
Posted on Southern California Criminal Defense Blog on November 19, 2009 at 10:00 AM

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 cryi
Posted on Grits for Breakfast on November 19, 2009 at 9:08 AM

Man killed son over alleged child sex abuse

In Detroit, a man is accused of killing his 15-year-old son after he heard the boy allegedly had "sexual contact" with a 3-year-old girl, the AP reports. The defendant is accused of forcing the boy to strip, marching him to...
Posted on Crime Scene KC on November 19, 2009 at 9:00 AM

UPDATE: Mo. teen accused of killing 9-year-old

From AP: This picture provided on Wednesday, Nov. 18, 2009 by the Cole County Sheriff's Department shows Alyssa Bustamante. On Wendesday, Nov. 18, 2009, a judge entered a not-guilty plea on behalf of the 15-year-old-girl charged as an adult in...
Posted on Crime Scene KC on November 19, 2009 at 8:30 AM

Thursday

I'll be traveling on Thursday morning. Posts will resume later today.
Posted on StandDown Texas Project on November 19, 2009 at 8:15 AM

Embezzler can totally explain why she stole $1.3 million

She was addicted to horses.
Posted on Crime Scene KC on November 19, 2009 at 8:15 AM

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 tim
Posted on Grits for Breakfast on November 19, 2009 at 8:11 AM

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 t
Posted on New Jersey Criminal Defense Blog on November 19, 2009 at 8:00 AM

Can't we all be friends? No

Louisiana woman ran boyfriend's ex-wife off the road and into a ditch, police allege.
Posted on Crime Scene KC on November 19, 2009 at 7:30 AM

Dog blamed for woman's shooting death

In San Luis Obispo County, Calif., a man has been charged with involuntary manslaughter after he shot his wife, who was sitting on their couch. The man says he accidentally fired a handgun after he tripped over the dog.
Posted on Crime Scene KC on November 19, 2009 at 7:30 AM

Featured Download: Pillsbury on Provocation

Samuel H. Pillsbury (Loyola Law School Los Angeles) has posted a very helpful piece, Misunderstanding Provocation (University of Michigan Journal of Law Reform, Vol. 43, 2009), on SSRN. Here is the abstract: This symposium article questions the significance of the...
Posted on CrimProf Blog on November 19, 2009 at 7:02 AM

Open Thread ... Thursday

Welcome back to the Open Thread, our blog's space for off-topic comments and discussion. If you've seen an interesting story somewhere else, feel free to post a link below. As always, please follow our standard rules: Please sign your comments,...
Posted on Crime Scene KC on November 19, 2009 at 7:00 AM

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 decis
Posted on Z the Monthly Blog and Legal Newsletter on November 19, 2009 at 6:16 AM

Child sex offender works as state case worker until reporter's investigation

11-19-2009 Missouri:A state investigation leads to the firing of a sex offender working for the State of Missouri in Joplin.KOAM and FOX 14 are not releasing the man's identity, but according to court documents the man was convicted of sexual misconduct with a girl who was 16 years old at the time of the incident, which was in 2006.He was given a six
Posted on Sex Offender Issues, News, Recidivism and Studies on November 19, 2009 at 6:01 AM

Detectives Follow-up on 4,200 Somer Thompson Leads

11-19-2009 Florida:ORANGE PARK, Fla. -- Investigators have received 4,200 leads in the Somer Thompson case and are working to follow up on all workable tips.Detectives said they are waiting on lab results, hoping that some of the evidence will lead in the right direction."Waiting on lab results is part of this process," said Clay County Sheriff Rick B
Posted on Sex Offender Issues, News, Recidivism and Studies on November 19, 2009 at 5:51 AM

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
Posted on Boston Criminal lawyer Blog on November 19, 2009 at 5:47 AM

Threats against parole agent in Jaycee Dugard case prompt move

11-19-2009 California:ANTIOCH ? The parole agent who supervised kidnapping and rape suspect Phillip Garrido has been moved to a different location because of threats against him and his family, the state corrections department said today.California Department of Corrections and Rehabilitation Spokesman Gordon Hinkle said the agent and his family were
Posted on Sex Offender Issues, News, Recidivism and Studies on November 19, 2009 at 3:44 AM

OH: Abandonment of client and defaulting disciplinary proceeding leads to indefinite suspension

The Ohio Supreme Court held yesterday that a criminal defense lawyer who was appointed to represent a post-conviction client who never responded to the client's letters and effectively abandoned the client. Then the lawyer failed to respond to the disciplinary authorities after repeated tries, and the facts were taken as defaulted. Disciplinary Counse
Posted on Law Of Criminal Defense on November 19, 2009 at 2:03 AM

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 Smar
Posted on Boston Criminal lawyer Blog on November 19, 2009 at 1:26 AM

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 Ar
Posted on Underdog on November 19, 2009 at 1:10 AM

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
Posted on Underdog on November 19, 2009 at 1:00 AM

One to watch: commutation recommended in Texas

The Texas Board of Pardon and Paroles on Thursday recommended a commutation to a life sentence for Robert Thompson. Thompson, 34, was sentenced to die in a law-of-parties case stemming from the December 1996 slaying of clerk Mansoor Rahim during a robbery at a Braeswood Boulevard convenience store. Thompson’s lawyer, Pat McCann, argued that the
Posted on Capital Defense Weekly on November 19, 2009 at 12:32 AM

Board of Pardons & Paroles Recommends Commutation in Law of Parties Case

Allan Turner writes, "Board: Commute death sentence in Houston case," for the Houston Chronicle. The state pardons board today recommended that Houston killer Robert Thompson's scheduled Thursday execution be commuted to life in prison after his lawyer successfully argued that...
Posted on StandDown Texas Project on November 19, 2009 at 12:22 AM

Texecution

In a case that many thought would get a stay, Texas Wednesday killed Danielle Simpson. From the wires: anielle Simpson, 30, had decided this summer to drop all his appeals in the case, effectively volunteering himself for execution, but recently changed his mind and allowed his lawyers to seek a suspension. Simpson was declared dead at 6:32 [...]
Posted on Capital Defense Weekly on November 19, 2009 at 12:16 AM

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,...
Posted on Sex Crimes on November 19, 2009 at 12:16 AM

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...
Posted on Sex Crimes on November 19, 2009 at 12:11 AM

We get mail

John Maki does new media work for midwest innocence projects, including the Center on Wrongful Convictions, the Wisconsin Innocence Project, the Ohio Innocence Project, and the Michigan Innocence Clinic. As part of his work, he does short (5-8 minutes) youtube documentaries about wrongful convictions. Some of these documentaries focus on exonerations,
Posted on Capital Defense Weekly on November 19, 2009 at 12:03 AM

Texas Execution

Texas conducted its 22nd execution of 2009, tonight in Huntsville. It was the 445th Texas execution since 1982. Texas has far and away the most active death chamber in America, accounting for more than 37% of the nation's post-Furman executions....
Posted on StandDown Texas Project on November 18, 2009 at 11:56 PM

Attorneys File motion Asking Court of Criminal Appeals Judge Sharon Keller be recused from any participation in Stay Request of Danielle Simpson

From the Palestine Texas Herald Press:Late Tuesday afternoon, Simpson's attorneys David R. Dow and Katherine C. Black filed a postconviction writ of habeas corpus; a motion for a stay of execution; and a motion asking Court of Criminal Appeals Judge Sharon Keller be recused from any participation in the case.Dow and Black are attorneys for the Texas De
Posted on Texas Death Penalty Blog on November 18, 2009 at 11:35 PM

Breaking News: Board of Pardons and Paroles Recommends that Governor Perry Commutes Death Sentence of Robert Thompson

Call the Governor and leave a voice message at 512 463 1782 or email him through his website at http://governor.state.tx.us/contact. Urge him to accept the recommendation of the Texas Board of Pardons and Paroles to grant Robert Thompson clemency and commute his sentence to life. The execution is currently scheduled for Thursday, November 19.From the H
Posted on Texas Death Penalty Blog on November 18, 2009 at 11:31 PM

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?)
Posted on Judging Crimes on November 18, 2009 at 11:28 PM

WEDNESDAY NOTES

What's up Doc Brannon's sleeve?Compare & Contrast - here's how they handle Driving While License Suspended ("DWLS") or No Valid DL ("NVDL") cases in Miami:"No trial" option for DWLS or NVDL cases:- The prosecutor will extend an offer to settle.-The Defendant agrees in advance that if he or she does not obtain a valid Driver's Licens
Posted on JAABlog on November 18, 2009 at 9:29 PM

New ABA Criminal Justice magazine issue on "Postconviction Practices"

Thanks to this post at StandDown, I discovered that the latest issue of the Criminal Justice magazine from the American Bar Association has a symposium focused on Postconviction Practices. Here are the main pieces from this valuable issue: Priming Postconviction...
Posted on Sentencing Law and Policy on November 18, 2009 at 7:13 PM

"Virginia conducts first US electric chair execution in over a year"

Jurist has the story here.
Posted on CrimProf Blog on November 18, 2009 at 7:11 PM

ACLU: CCA ignored evidence of false confession in capital case

Here's the text of a press release published today by the ACLU regarding a Court of Criminal Appeals decision in the Max Soffar case. I offer it FWIW, I have no personal knowledge of the details of the case: Texas Appeals Court Rejects Appeal Of Innocent Man On Death Row For 28 Years Death Sentence Upheld Despite Overwhelming Evidence Po
Posted on Grits for Breakfast on November 18, 2009 at 7:09 PM

Heller, the Privileges or Immunities Clause, and the States

Doug Berman has a helpful post at Sentencing Law and Policy that collects several posts related to the recently filed brief in McDonald v. Chicago, in which the challengers of Chicago's strict gun-control measures present an extended argument against it...
Posted on CrimProf Blog on November 18, 2009 at 7:01 PM

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 N
Posted on Tennessee Criminal Lawyer Blog on November 18, 2009 at 6:53 PM

Florida looking to Texas for overincarceration solutions

Just a few years ago it was unimaginable that anyone would look to Texas for solutions to overincarceration pressures in state prisons. But beginning in 2007, Texas embarked on a remarkable bipartisan effort spearheaded by Sen. John Whitmire and Rep. Jerry Madden to avoid new prison building by expanding diversion programming and creating incentives to
Posted on Grits for Breakfast on November 18, 2009 at 6:53 PM

Kelly Currin Morris Case Update

Yesterday, authorities in North Carolina recovered human skeletal remains that they believed belonged to Kelly Currin Morris, a 28-year-old mother of two, who vanished on Sept 3, 2008. A press conference that took place this afternoon was expected to provide...
Posted on Criminal Report Daily on November 18, 2009 at 6:48 PM

"Obama suggests 9/11 suspect will get death penalty"

The title of this post is the headline of this new Reuters piece. Here is how the piece starts: U.S. President Barack Obama suggested on Wednesday the self-professed mastermind of the Sept. 11, 2001, attacks would be convicted and put...
Posted on Sentencing Law and Policy on November 18, 2009 at 6:40 PM

4TH DCA 17TH CIRCUIT OPINIONS

OPINIONS RELEASED NOVEMBER 18, 2009Frusciante - Affirmed ("In a well-reasoned order") S. Kaplan - Granting of Suppression Motion Reversed Backman - Affirmed in part, reversed in part, and remanded (3.850) Towbin-Singer - Affirmed in Part; Reversed in Part and Remand
Posted on JAABlog on November 18, 2009 at 6:28 PM

Urine sample could technically be a forgery, court rules

The Plog has a lovely tale about a man, a Whizzinator and a legal battle that reached the Missouri Court of Appeals. The court's opinion can be read here.
Posted on Crime Scene KC on November 18, 2009 at 6:15 PM

Florida Vehicular Homicide Black Box SDM Vehicle Download

Tampa, Florida Board Certified Criminal Trial Lawyer, Attorney W.F. ''Casey'' Ebsary, Jr. notes that some vehicles have a sensing and diagnostic module ( SDM ), also known as a ''black box.'' Prosecutors alleged recently, data from a Corvette that was downloaded from the black box revealed that a defendant's speed was 103 m.p.h. five seconds before imp
Posted on Tampa DUI Lawyer on November 18, 2009 at 5:59 PM

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 The Real Cost of Prisons Weblog on November 18, 2009 at 5:46 PM

The Obama Judiciary

"Controversial 7th Circuit Nominee Clears Senate Hurdle," is the title of David Ingram's National Law Journal report. The U.S. Senate voted Tuesday to end debate on President Barack Obama's most controversial circuit court nominee, as the Republican caucus fell short...
Posted on StandDown Texas Project on November 18, 2009 at 5:42 PM

District judge imposes sentence after defendant ordered to take (and fails) lie-detector test

I just came across what strikes me as a very unusual federal sentencing story from the district court of Minnesota. I have bolded below the part of this local press article, which is headlined "Drug sales net prison term, and...
Posted on Sentencing Law and Policy on November 18, 2009 at 5:24 PM

Want less crime? Invest in education, KCPD chief says

Chief Corwin has a post on his blog about a recent visit to the Harlem Children's Zone, a nationally recognized program that provides early education, health care and other services to poor families. It basically tracks kids from early childhood...
Posted on Crime Scene KC on November 18, 2009 at 5:15 PM

Criminal Prosecution in Arkansas for State Tax Code Violations

Most persons are aware that there are criminal penalties related to IRS code violations. However, Arkansas law also provides for criminal punishment with regard to state tax returns. It is a Class D Felony to willfully fail to to pay or file a tax return. Ark. Code Ann. 26-18-202. Any person willfully trying to avoid payment of [...]
Posted on Arkansas Criminal Defense Blog on November 18, 2009 at 5:04 PM

Not “By All Means Necessary’: A Comparative Framework for Post-9/11 Approaches to Counterterrorism

See my article, Not ?By All Means Necessary?: A Comparative Framework for Post-9/11 Approaches to Counterterrorism, which will be published by Case Western Reserve Journal of International Law. Abstract: Counterterrorism significantly benefits from a comparativist approach. Precisely because no one country has the monopoly on effective operational
Posted on AIDP Blog on November 18, 2009 at 5:03 PM

N.J. parole board says polygraph tests effective in detecting, preventing violations by sex offenders

11-18-2009 New Jersey:The 39-year-old convicted sex offender had been working at a Burger King restaurant for five months when a parole officer sat him down for a polygraph test.Caught lying about his unsupervised contact with minors, he admitted being attracted to a 16-year-old co-worker.The man?s Burger King job ended that day.New Jersey State Parol
Posted on Sex Offender Issues, News, Recidivism and Studies on November 18, 2009 at 5:02 PM

KC woman shot man who threw drink in her face, prosecutors allege

Latonia Gibson, 41, is facing charges of first-degree assault and armed criminal action, Jackson County prosecutors say. Gibson allegedly shot a man in the abdomen back in September. She'd reportedly been in an altercation with another woman, who threw Gibson...
Posted on Crime Scene KC on November 18, 2009 at 4:57 PM

Northland purse-snatcher gets 12 years

Wow, they really don't fool around in the Northland, do they? This gentleman didn't sound like the sharpest knife in the drawer -- he reportedly committed the crime in full view of two police officers, who filmed the proceedings.
Posted on Crime Scene KC on November 18, 2009 at 4:52 PM

Prostitution sting nabs 13-year-old Alabama boy

11-18-2009 Alabama:BIRMINGHAM, Ala. ? An undercover officer posing as a prostitute in Alabama tried more than once to run off a 13-year-old boy who asked her for sex, but police say the teen insisted and had to be arrested.Authorities in Mobile said today the teenager has been charged with a misdemeanor count of loitering while looking for a prostitut
Posted on Sex Offender Issues, News, Recidivism and Studies on November 18, 2009 at 4:47 PM

KCPD names victim from Old Northeast homcide

From KCPD: The victim has been identified as Lisa M. McGuire, white/female, 04/20/1982, of Versailles, MO. Anyone with information is asked to call the TIPS hotline. McGuire was found slain Monday night in the 3700 block of Roberts.
Posted on Crime Scene KC on November 18, 2009 at 4:46 PM

Arkansas Game and Fish Tickets (Violations)

Amendment 35 of the Arkansas Constitution invests regulation of the outdoors with the Arkansas Game and Fish Commission. There can be severe penalties involved (including loss of hunting or fishing license) for violating the Arkansas Game and Fish Code of Regulations. Click HERE to find the most recently updated version of this code. Our firm is [...]
Posted on Arkansas Criminal Defense Blog on November 18, 2009 at 4:45 PM

Teaching an Old Dog New Tricks: Operationalizing the Law of Armed Conflict in New Warfare

See the article, Teaching an Old Dog New Tricks: Operationalizing the Law of Armed Conflict in New Warfare, that I co-authored with Laurie R. Blank from Emory Law School which will be published in the inaugural volume of the Harvard National Security Journal. Abstract: Current strategy in Afghanistan starkly illustrates the extraordinary challenge
Posted on AIDP Blog on November 18, 2009 at 4:42 PM

Reflections on the Execution of John Muhammad

Syndicated columnist Leonard Pitts Jr. writes, "Struggling through the gray areas of life," via the St. Augustine Record. They killed a killer last week. I kept waiting to feel something when news came that John Allen Muhammad had been executed...
Posted on StandDown Texas Project on November 18, 2009 at 4:37 PM

College security officer attacked, injured www.privateofficer.com

LANCASTER CA. Nov 18 2009 contracostatimes – An Antelope Valley College security guard nursed a sore arm on Wednesday after she was attacked on a campus parking lot by a guy with an apparent beef against cops, authorities said. The incident, initially reported as a possible stabbing, occurred at 9:14 p.m. Tuesday, according to Los Angeles County
Posted on Private Officer News on November 18, 2009 at 4:37 PM

Maricopa Co, detention officer held in contempt for taking defense counsel's paper

A few days ago is the post to a Maricopa County detention officer taking a document from a public defender's file in court: Maricopa Co, detention officer swipes paper of defense counsel from file during court. The officer has been found in contempt. See Officer found in contempt of court in document case: A Maricopa County Sheriff's detention offi
Posted on Law Of Criminal Defense on November 18, 2009 at 4:36 PM

Find us now on Facebook!

Eisele & Huffman, P.A., now has a presence on Facebook. Click below: Justin Eisele is a fan of Eisele & Huffman, P.A. Attorneys at Law Create your Fan Badge
Posted on Arkansas Criminal Defense Blog on November 18, 2009 at 4:22 PM

Criminal charges against security guard dismissed www.privateofficer.com

Cornelia GA Nov 18 2009 On Friday, charges were dropped against now-former Habersham Medical Center Security Officer Jerry Lee Hunnicutt. Hunnicutt was charged Wednesday with false public alarm, a felony, after a suspicious package he allegedly placed in the vestibule of the new emergency department resulted in implementation of the hospital’s em
Posted on Private Officer News on November 18, 2009 at 4:20 PM

Security officer helps raise funds for basketball team www.privateofficer.com

Des Moines IA. Nov 18 2009 Students roared as Bob Lutter’s leg hair leapt from his shin last week. Lutter moaned and groaned. It sounded like karma. Lutter, 28, is a security officer for AIB College of Business. Students say he is very good at his job – it’s just unfortunate that his job is to dole out $25 [...]
Posted on Private Officer News on November 18, 2009 at 4:04 PM

Teacher accused of putting ?Hit? on student www.privateofficer.com

Atlanta GA Nov 18 2009 A Georgia teacher reportedly has been placed on paid administrative leave after being charged with making terroristic threats against a 16-year-old student. Randolph Forde was arrested last month after being accused of asking the student at Mundy’s Mill High School whether or not he was gay, threatening to hit the student a
Posted on Private Officer News on November 18, 2009 at 3:44 PM

Justin Eisele has now joined with Eisele & Huffman, P.A.

Justin Eisele has now joined Eisele & Huffman, P.A. Check out our new website at www.ehfirm.com. We are offering informational blogs in the areas of Arkansas Personal Injury and Arkansas Family Law.
Posted on Arkansas Criminal Defense Blog on November 18, 2009 at 3:36 PM

Security spots burglars, aids in capture www.privateofficer.com

TACOMA WA Nov 18 2009 Tacoma police arrested three men late Sunday on suspicion they got into a fenced Tacoma Public Utilities lot and tried to steal expensive pieces of metal, officials said Monday. A security guard working at the utility?s main office at 3628 S. 35th St. spotted three men on surveillance cameras about 11 p.m., [...]
Posted on Private Officer News on November 18, 2009 at 3:30 PM

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
Posted on DUI Blogger on November 18, 2009 at 3:18 PM

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. Thi
Posted on Justice Building Blog on November 18, 2009 at 3:10 PM

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 [...]
Posted on DUI Blog on November 18, 2009 at 3:04 PM

Nueces looks to GPS for supervising work-release offenders

Nueces County plans to try using GPS ankle monitors and house arrest in lieu of incarcerating offenders in the county's work-release program. Reports the Corpus Christi Caller Times ("Commissioners approve ankle monitoring to relieve jail overcrowding," Nov. 18):County Commissioners approved a program Wednesday that gives judges the option of sentencin
Posted on Grits for Breakfast on November 18, 2009 at 2:56 PM

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 The Real Cost of Prisons Weblog on November 18, 2009 at 2:52 PM

Woodbridge teacher charged with sexual assault on child www.privateofficer.com

Woodbridge NJ Nov 18 2009 James I. Clancy, 35, of Crampton Avenue in Woodbridge proper, was arrested at Woodbridge Police headquarters on Nov. 11 and was charged with aggravated sexual assault, sexual assault, and two counts of endangering the welfare of a child, authorities said. Jim O’Neill, spokesperson for the Middlesex County Prosecutor̵
Posted on Private Officer News on November 18, 2009 at 2:34 PM

Death Penalty Expansion in Virginia?

"Death Penalty Legislation Could Change," is the title of Philip Townsend's report for WHSV-TV of Harrisonburg, Virginia. Local legislators say there could be changes to Virginia's death penalty legislation when Bob McDonnell becomes governor. Since 2004, both chambers in the...
Posted on StandDown Texas Project on November 18, 2009 at 2:24 PM

Speaking of Justice Kennedy ...

As noted in the preceding post, Justice Kennedy was the author of Roper v. Simmons. He also wrote the opinion in Kennedy v. Louisiana. David Lat at Above the Law reports on the Federalist Society's annual dinner this past week...
Posted on StandDown Texas Project on November 18, 2009 at 2:13 PM

Sloan on Stealth Procedures and the Erosion of Stare Decisis

Amy E. Sloan (University of Baltimore School of Law) has posted The Dog that Didn't Bark: Stealth Procedures and the Erosion of Stare Decisis in the Federal Courts of Appeals (Fordham Law Review, Vol. 78, 2009) on SSRN. Here is...
Posted on CrimProf Blog on November 18, 2009 at 2:02 PM

Another Call for Juvenile Sentencing Reform

Today's Silicon Valley Mercury News carries the editorial, "For kids, life in prison without parole is cruel and unusual punishment." Five San Jose teenagers sit in jail today, facing the possibility that they will spend the rest of their lives...
Posted on StandDown Texas Project on November 18, 2009 at 1:57 PM

Seventh Circuit gives a little life to Heller challenge to prohibition on DV misdemeanant gun possession

Last year, as noted in this post, a federal district court rejected in US v. Skoien, a defendant's effort to use Heller to have dismissed his federal indictment on possessing three firearms after having been convicted of a misdemeanor crime...
Posted on Sentencing Law and Policy on November 18, 2009 at 1:54 PM

Should criminal justice reform groups actively urge SCOTUS to overrule The Slaughterhouse Cases?

As detailed in this effective SCOTUSblog post, the petitioners in the McDonald case concerning whether the Second Amendment applies to the states have filed "a wide-ranging survey of the meaning and origins of the privileges clause of the Fourteenth Amendment...
Posted on Sentencing Law and Policy on November 18, 2009 at 12:43 PM

Mom still wants to see son that she allegedly abducted

Remember Shannon Wilfong? She's the Illinois woman who allegedly abducted her young son two years and was found this fall -- hiding in a secret room at her mom's house. (The little boy, Ricky Chekevdia, had reportedly been made to...
Posted on Crime Scene KC on November 18, 2009 at 12:35 PM

Ohio Finds Itself Leading the Way to a New Execution Method

That's the title of analysis by Ian Urbina in today's New York Times. LINK An extended excerpt: Prison officials in Ohio never planned to become pioneers in death penalty protocol. But the failed effort on Sept. 15 to execute Romell...
Posted on StandDown Texas Project on November 18, 2009 at 12:31 PM

Mo. girl, 15, to be tried as adult in 9-year-old's slaying

UPDATED: The News Tribune reports that Alyssa Bustamante, 15, has been certified to stand trial as an adult. PREVIOUSLY: In Jeff City, a judge is going to hear arguments today whether the 15-year-old accused of murdering Elizabeth Olten, 9, in...
Posted on Crime Scene KC on November 18, 2009 at 12:20 PM

More people are stealing IDs to get health care, report says

More people are using stolen identities so they can get health care, the Charlotte Business Journal reports. I've seen a handful of cases like this over the past year or so. Until now, most identity thefts have strictly had a...
Posted on Crime Scene KC on November 18, 2009 at 12:16 PM

Fla. town considers $1K daily fine for overgrown yards

The current fine is "only" $250 per day. Hat Tip: Many thanks, JoJo!
Posted on Crime Scene KC on November 18, 2009 at 12:04 PM

Texas Execution

Texas is scheduled to conduct its 22nd execution of 2009, tonight in Huntsville. It would be the 445th Texas execution since 1982. Texas has far and away the most active death chamber in America, accounting for more than 37% of...
Posted on StandDown Texas Project on November 18, 2009 at 11:54 AM

Man fails to win girl's heart -- steals her purse instead, Ariz. cops say

The fastest way to a woman's heart is through a police lineup, they say. Hat Tip: Many thanks, eephus!
Posted on Crime Scene KC on November 18, 2009 at 11:51 AM

How Can You Avoid a Minimum Mandatory Sentence in Federal Court?

A minimum mandatory sentence is a minimum prison sentence that a judge must impose for a particular crime, without consideration of mitigating circumstances. In federal court, there are only two ways to avoid such a sentence: safety valve and cooperation. An article that I posted on my Federal Criminal Lawyer website examines these two provisions
Posted on Palm Beach Criminal Defense Blog on November 18, 2009 at 11:48 AM

Two notable new speeches from AG Eric Holder

This week on the DOJ website one can find the text of two speeches given by Attorney General Eric Holder that criminal justice and sentencing fans ought to check out. The more recent one, which was given yesterday at the...
Posted on Sentencing Law and Policy on November 18, 2009 at 11:45 AM

Baby taken during KCK carjacking, police say

Text version here ...
Posted on Crime Scene KC on November 18, 2009 at 11:44 AM

Neb. woman hits house during driving lesson, police say

She's 29, and her husband was her instructor, police told the Omaha World-Herald. Liked this bit: Police arrived, investigated, and ticketed the woman. She declined to comment and forbade her husband from doing so, though he described the incident as...
Posted on Crime Scene KC on November 18, 2009 at 11:38 AM

Arizona Extreme DUI: The Out of State Visitor Dilemma

The harsh penalties for an Arizona extreme DUI conviction have been well chronicled in this blog. However, what happens when we apply these penalties to people who were only visiting Arizona and charged with DUI? One could take the view: who cares? When people come to "our state" and commit crimes, they deserve whatever they get.&
Posted on Arizona DUI Defense Blog on November 18, 2009 at 11:37 AM

CSI: Texas

That's the title of an editorial in today's Houston Chronicle. LINK Try to imagine how the writers and actors of the three popular CSI: Crime Scene Investigation dramas on TV would handle this story line: After numerous wrongful convictions of...
Posted on StandDown Texas Project on November 18, 2009 at 11:36 AM

A very special delivery

In Marion, Iowa, a mail carrier is accused of (A) being drunk while on the job and (B) entering an old woman's house, plopping down on her kitchen floor and eating leftover noodles from the fridge. When she went to...
Posted on Crime Scene KC on November 18, 2009 at 11:23 AM

More sex-crime charges against Mo. camp director

In Taney County, prosecutors have filed eight new charges against Peter D. Newman, a former assistant camp director at Kanakuk Camps near Branson. Two other charges were dropped. Newman is accused of having Bible study with boys in his hot...
Posted on Crime Scene KC on November 18, 2009 at 10:59 AM

Wichita couple calls 911 over stolen pot, police say

I've lost count of how many people have called 911, thinking it was a good idea to report their illegal drugs have been stolen.
Posted on Crime Scene KC on November 18, 2009 at 10:31 AM

Man strangled stepson as revenge against kid's mom, Wis. police say

Charles A. Avey is accused of using a necktie to strangle his 14-year-old stepson -- as revenge against the kid's mom for reporting Avey to the police. He'd allegedly used a hammer to beat her. Hat Tip: Many thanks, Searching!
Posted on Crime Scene KC on November 18, 2009 at 10:29 AM

FBI Says Hackers Targeting Law Firms

According to the NYT, hackers are increasingly targeting law firms and public relations companies with a sophisticated e-mail scheme that breaks into their computer networks to steal sensitive data, often linked to large corporate clients doing business overseas. This might be an interesting test of our insider trading laws. Hacker steals material, non
Posted on SECLaw.com on November 18, 2009 at 10:28 AM

VIDEO: Cop vs. cat

In Texas, a police officer tried -- and tried and tried -- to get a kitten to leave him alone during a traffic stop. Here's what happened ...
Posted on Crime Scene KC on November 18, 2009 at 10:21 AM

Are two KC murders linked?

KCPD is investigating whether two homicides -- one from Saturday, one from Monday night -- are related, Christine reports. Both occurred in the Old Northeast area. She also has more information about Amber Telford Khan, who was killed Saturday night...
Posted on Crime Scene KC on November 18, 2009 at 10:12 AM

"Does death for 9/11 plotters offend federalism?"

The question in ths title of this post is the headline of this post from Josh Gerstein in his "Under the Radar" blog at Politico.com. Here are excerpts from an interesting piece: The attorney general's call for capital punishment [for...
Posted on Sentencing Law and Policy on November 18, 2009 at 10:11 AM

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
Posted on Southern California Criminal Defense Blog on November 18, 2009 at 10:00 AM

New York about to getting tougher on drunk drivers

As regular readers know, one modern "get tough" sentencing movement that I am happy and eager to support concerns efforts to enhance and refine the criminal justice response to the pervasive and harmful crime of drunk driving. Thus, I was...
Posted on Sentencing Law and Policy on November 18, 2009 at 9:37 AM

The special criminal justice and sentencing challenges of domestic violence

My local paper, the Columbus Dispatch, has run a terrific series of articles on the social problems of domestic violence. Today's piece in the series, which is headlined "Time for change: Lawmakers call for holistic approach to domestic-violence laws; other...
Posted on Sentencing Law and Policy on November 18, 2009 at 9:19 AM

How to stay safe while holiday shopping

We're heading into the holiday-shopping season, so it seemed like a good time to remind people how to avoid getting hurt or ripped off when they go out. Officer Michael Betten, who works in community policing for Overland Park, was...
Posted on Crime Scene KC on November 18, 2009 at 9:15 AM

Life is hard for door-to-door drug dealers

In Brownsville, Texas, a 19-year-old man is accused of trying to sell weed door-to-door. One of his first stops: The home of a police officer, authorities allege. Alcohol might have been a factor.
Posted on Crime Scene KC on November 18, 2009 at 8:15 AM

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,
Posted on Boston Criminal lawyer Blog on November 18, 2009 at 8:03 AM

Apply now for Lee's Summit's Citizens Police Academy

Lee's Summit PD is now accepting applications for its Citizens Police Academy, which starts March 2. It'll run for 10 weeks and will meet from 7 to 10 p.m. on Tuesday nights. It's free, but you have to be a...
Posted on Crime Scene KC on November 18, 2009 at 8:00 AM

Steelers fan says he was poisoned, blinded at Chicago bar

He and some buddies had apparently been trashtalking some Bears fans, who sent over a drink as a supposed "peacemaker," he says. It was apparently spiked with something that made his heart stop several times and has left him blind....
Posted on Crime Scene KC on November 18, 2009 at 7:45 AM

Ga. teacher tried to put a hit on student, police allege

According to the New York Post, the lawyer says his client was merely kidding and didn't name a student.
Posted on Crime Scene KC on November 18, 2009 at 7:15 AM

Tiersma on California's Jury Instructions

Peter Tiersma (Loyola Law School Los Angeles) has posted Redrafting California's Jury Instructions (The Routledge Handbook of Forensic Linguistics, Forthcoming) on SSRN. Here is the abstract: California was a leader in the pattern jury instruction movement. Beginning in the 1930s,...
Posted on CrimProf Blog on November 18, 2009 at 7:02 AM

Open Thread ... Wednesday

N.J. Town Tries To Drop Sex Offender Restrictions

11-18-2009 New Jersey:West Milford Township Council Repeals Ordinance Preventing Offenders From Living Near Schools, PlaygroundsIt's a controversial debate in New Jersey. Some local governments are now dropping restrictions on convicted sex offenders. In one West Milford neighborhood, residents have been on edge knowing a convicted sex offender lives
Posted on Sex Offender Issues, News, Recidivism and Studies on November 18, 2009 at 5:50 AM

Sex offender's home destroyed

11-18-2009 Florida:A registered sex offender lost his mobile home in a fire police called suspicious, although they didn't think he was targeted. A suspicious fire burned down the mobile home of a registered sex offender, but Davie police say they don't think the man was targeted.Davie Fire Rescue responded to the fire at the mobile home in the 400 b
Posted on Sex Offender Issues, News, Recidivism and Studies on November 18, 2009 at 5:26 AM

Lynne Stewart's conviction affirmed in CA2

Criminal defense lawyer Lynn Stewart's conviction for aiding her terrorist client in her representation of him by passing messages along from jail to his followers in violation of the Special Administrative Measures of the jail was affirmed yesterday. United States v. Stewart (2d Cit. November 18, 2009), in a 191 page opinion. If anything, the sentence
Posted on Law Of Criminal Defense on November 18, 2009 at 5:09 AM

UPDATE: On 50% of sex offenders re-offend, a claim made by Watch Systems

11-18-2009 National:Yesterday I posted a commentary about a hot Internet topic: ?50% of sex offenders re-offend.? SexOffenderIssues found many law enforcement agencies making this claim across the nation. These same agencies are using Watch Systems?s software called ?Offender Watch,? and through that product those agencies are spreading the ?50% of
Posted on Sex Offender Issues, News, Recidivism and Studies on November 18, 2009 at 5:01 AM

FL - Sex offender's home destroyed - A registered sex offender lost his mobile home in a fire police called suspicious, although they didn't think he was targeted

View the article here 11/18/2009 By RACHEL HATZIPANAGOS AND SOFIA SANTANA A suspicious fire burned down the mobile home of a registered sex offender, but Davie police say they don't think the man was targeted. Davie Fire Rescue responded to the fire at the mobile home in the 400 block of Southwest 132nd Avenue about 7:45 a.m. Monday.
Posted on Sex Offender Issues on November 18, 2009 at 3:53 AM

MA - Sex offender ban sought for homeless shelters

View the article here 11/18/2009 By David Abel The most dangerous sex offenders would be barred from staying at homeless shelters under a plan proposed by advocates for the homeless and endorsed by key legislators. As the state?s steep budget cuts have forced organizations that help the homeless to cut beds, staff, and programs, the a
Posted on Sex Offender Issues on November 18, 2009 at 3:39 AM

Strike Against Prisons not Education

With a heavy heart I am not joining many of my students and colleagues who are striking against classes and educational activities at UC Berkeley and other UC campuses across the state beginning tomorrow (and through Friday the 20th). We ought to be united in mobilization to save higher education in California. But in choosing to make the fight a con
Posted on Governing Through Crime on November 18, 2009 at 2:34 AM

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
Posted on Fourth Amendment on November 18, 2009 at 2:16 AM

Where do all the little green men come from?

A Lexis search of appellate opinions shows no judge calling anybody a nutball or whackjob. However, a Lexis search does show at least two dozen occasions where appellate opinions have included the phrase "little green men", including yesterday's opinion from the D.C. Circuit. We recognize that in a nation of 300 million people, with million
Posted on Underdog on November 18, 2009 at 1:00 AM

Authorities Believe They Have Found Kelly Currin Morris

Details remain sketchy; however authorities in North Carolina have reportedly found human skeletal remains that they believe belong to Kelly Currin Morris, a 28-year-old mother of two, who vanished on Sept 3, 2008. According to a source close to the...
Posted on Criminal Report Daily on November 18, 2009 at 12:59 AM

FL - Inmate Release (Stop putting people in jail for stupid reasons, and this might not be an issue!)

Video Link "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 Constitution, Bill of Rights) © 2006-2009 Sex Offender Issues , All Rights Reserved
Posted on Sex Offender Issues on November 18, 2009 at 12:26 AM

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