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Criminal Law Blog Posts from November 14, 2010

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Criminal Law Posts (November 14, 2010)

sneak peek at this week’s edition

This week’s double edition will include the following cases, including what appears to be one heck of an appellate litigation strategy out of Oregon: In favor of Life, Liberty, and/or the Condemned Andrew Reid Lackey v. State, 2010 Ala. Crim. App. LEXIS 101 (Ala. Crim. App 11/5/2010) “Thus, in accordance with the parties’ request, thi
Posted on Capital Defense Weekly on November 14, 2010 at 11:45 PM

It?s gone too far

Naked Scanners paid for by Stimulus money; George Soros holds financial interest in company It’s about control, not security Comment on this article at Canada Free Press By Douglas J. Hagmann 14 November 2010: Perhaps one of the most controversial topics today is the use of “naked” body scanners at airports by the Transportation Secur
Posted on Northeast Intelligence Network on November 14, 2010 at 11:22 PM

IL: Hard time for prison plan: U.S. now seems unlikely to house terror suspects at Thomson

Hard time for prison plan: U.S. now seems unlikely to house terror suspects at Thomson By Katherine Skiba, Tribune reporter November 13, 2010 WASHINGTON ? A prison in tiny Thomson, Ill., captured the world attention's a year ago when White...
Posted on The Real Cost of Prisons Weblog on November 14, 2010 at 9:26 PM

CA: City of Adelanto Wants To Build New Prison With 6,100 Cages

Adelanto wants to build new prison November 13, 2010 Natasha Lindstrom ADELANTO ? The city is negotiating with the state Department of Corrections and Rehabilitation to build a new prison in hopes of creating 2,000 jobs and bringing up to...
Posted on The Real Cost of Prisons Weblog on November 14, 2010 at 9:22 PM

A Prison Fight in New Orleans

A Prison Fight in New Orleans by Elizabeth Renter November 13, 2010 There?s no doubt the New Orleans jail must be replaced. After first floor inmates stood in water and sewage up to their waists and sometimes necks after guards...
Posted on The Real Cost of Prisons Weblog on November 14, 2010 at 9:15 PM

COUNTY COURT CRISIS?

A report from the Colonel Of County Court:Good morning Rumpole and readers, with a criminal county court bench in flux (two judges- Bloom and Seff are out in the new year) there are troubling issues that are already bedeviling county court. These issues are reported after several weeks of witnessing most of these problems myself and with speaking with
Posted on Justice Building Blog on November 14, 2010 at 8:54 PM

Man Allegedly Leaves Toddler At Home Alone To Go Drinking

One of the more difficult decisions that parents face is at what age their child is old enough to stay at home alone. For many parents, the decision that a kid is mature enough to stay at home alone usually comes when the kid is in their mid to late teens. For twenty-two year-old Joseph Moore of Clarksville, Tennessee that decision was allegedly mad
Posted on Tennessee Criminal Lawyer Blog on November 14, 2010 at 6:32 PM

Lexis's Emerging Issues Commentary on Maynard

On Lexis's Emerging Issues Commentary by Michele L. Berry: United States v. Maynard and GPS Surveillance: Prolonged Surveillance Equates a Search under the Fourth Amendment (summary version) [Lexis subscriber version here.]
Posted on Fourth Amendment on November 14, 2010 at 6:10 PM

How Many Criminal Records Can You Seal?

          In the case of Cline vs. State of Florida, the issue was whether Mr. Cline could have two different criminal-history records sealed.  An article that I wrote on my website Florida Criminal Records:  Frequently Asked Questions looks at how one Florida court answered this question.
Posted on Palm Beach Criminal Defense Blog on November 14, 2010 at 4:23 PM

D. Mass.: Entry into an office in Hong Kong by U.S. officials was not governed by the Fourth Amendment

Officers went into defendant?s offices in Hong Kong in an investigation of conspiracy to import illegal munitions into the U.S. The entry into the office by U.S. officials in Hong Kong was not governed by the Fourth Amendment because defendant was not a U.S. citizen, even if it was a ?search? and not just a plain view. United States v. Shek, 2010 U.S.
Posted on Fourth Amendment on November 14, 2010 at 4:20 PM

CA3: Daughter's complaint of sex abuse to police was PC for arrest foreclosing civil case, even if officers should have inquired further

Daughter?s claim of sexual abuse was probable cause for charges to be filed against the plaintiff. He was acquitted at trial. His § 1983 claim that a further investigation was required did not satisfy the ?shock the conscience? standard. Livingston v. Allegheny County, 2010 U.S. App. LEXIS 23339 (3d Cir. November 8, 2010) (unpublished): No genuine is
Posted on Fourth Amendment on November 14, 2010 at 4:14 PM

Texas Tough: Author to speak in Austin

Michele Deitch asked me to post this, so here you go:From the William Wayne Justice Center:Join us for a book talk by Robert Perkinson, author of Texas Tough: The Rise of America?s Prison EmpireMonday, November 22, from 3:00-4:00 p.m. in the Law School?s Sheffield RoomTexas Tough is a critically acclaimed history of imprisonment, race, and polit
Posted on Grits for Breakfast on November 14, 2010 at 3:54 PM

"Backers of Legal Marijuana Find Silver Lining in Defeat of California Measure"

The title of this post is the headline of this piece from today's New York Times. Here is how it starts: Proposition 19, which would have legalized marijuana in California, received more votes than the Republican nominee for governor, Meg...
Posted on Sentencing Law and Policy on November 14, 2010 at 3:32 PM

Cases being dismissed in Georgia due to overcrowded dockets and lack of resources

A helpful reader altered me to this notable article from the Atlanta Journal-Constitution, which is headlined "Fulton cases thrown out because trials long delayed: More Fulton prosecutions may be thrown out on speedy-trial grounds." Here is how it starts: Kenya...
Posted on Sentencing Law and Policy on November 14, 2010 at 3:15 PM

Top-Ten Recent SSRN Downloads

are here. The usual disclaimers apply. Rank Downloads Paper Title 1 270 Good Faith, New Law, and the Scope of the Exclusionary Rule Orin S. Kerr, George Washington University - Law School, Date posted to database: September 11, 2010 2...
Posted on CrimProf Blog on November 14, 2010 at 3:14 PM

Newton Teens Face Serious Charges After Waltham Slaying

Two Newton teenagers, 17-year-old Benjamin Peirce and 18-year-old Shaquan Jacobs, were arraigned Wednesday in Superior Court in Woburn on murder, armed robbery and firearms charges. Both pleaded not guilty. The charges arose from the September fatal shooting of Adam Coveney, a 29-year-old Waltham man. Prosecutors allege that the teens arranged a drug
Posted on Boston Criminal lawyer Blog on November 14, 2010 at 1:28 PM

"Hundreds Die of Illnesses in County Jails"

The title of this post is the headline of this piece from the Texas Tribune. Here are some excerpts: Sheriffs say that they are doing everything they can to care for people who come to them with a multitude of...
Posted on Sentencing Law and Policy on November 14, 2010 at 1:18 PM

Resisting Gender Violence and the Prison Industrial Complex an Interview with Victoria Law

Thursday, November 11, 2010 Resisting Gender Violence and the Prison Industrial Complex --An interview with Victoria Law Resisting Gender Violence and the Prison Industrial Complex --An interview with Victoria Law By Angola 3 News Victoria Law is a longtime prison...
Posted on The Real Cost of Prisons Weblog on November 14, 2010 at 12:41 PM

Security officer?s observation leads to drug arrest www.privateofficer.com

QUINCY MA Nov 14 2010 ? Two men were arrested after police disrupted what appeared to be a morning drug deal taking place in a car parked outside the headquarters of a financial services company in South Quincy. Dean Malchionno, 20, of Holbrook Road in Braintree and Matthew Soloman, 27, of Nancy Road in Easton [...]
Posted on Private Officer News on November 14, 2010 at 11:19 AM

NY State Shuts Off Flow of Four Loko www.privateofficer.com

Albany NY Nov 14 2010 The flow of Four Loko into New York is finally being shut off. The State Liquor Authority has pressured the state’s biggest beer distributors to stop delivering Four Loko and other caffeinated alcoholic cocktails to New York retailers by Dec.10. And the maker of the sweet-but-potent beverage has agreed to [...]
Posted on Private Officer News on November 14, 2010 at 11:09 AM

OH4: Illegal search does not justify an assault on the officers

The forced warrantless entry into defendant?s camper was not justified by exigent circumstances. The assault on the deputies, however, was not justified by their illegal entry. A motion to suppress will not be granted over an independent criminal act. State v. Browning, 2010 Ohio 5417, 2010 Ohio App. LEXIS 4569 (4th Dist. November 2, 2010). After a t
Posted on Fourth Amendment on November 14, 2010 at 11:08 AM

Police charge man with robbery at casino www.privateofficer.com

GREAT FALLS, Mont.Nov 14 2010 (AP) ? A 33-year-old man has been arrested for allegedly robbing a Havre casino at knifepoint last month while wearing a Halloween mask. Merrill Gray was charged in District Court on Wednesday with felony robbery and misdemeanor theft. The Great Falls Tribune reports he is being held in the Hill [...]
Posted on Private Officer News on November 14, 2010 at 11:04 AM

Tribune: Jail deaths reflect on medical care

The Texas Tribune's Brandi Grissom reports that:more than 280 Texas county jail inmates ... died from illnesses while in custody over a four-and-a-half year period, according to data provided by the Texas attorney general and analyzed by The Texas Tribune. The number of illness-related deaths in county jails comes close to the number of deaths in s
Posted on Grits for Breakfast on November 14, 2010 at 10:54 AM

Walmart LP bust leads to meth lab www.privateofficer.com

TULSA, OKLAHOMA Nov 14 2010 — Police bust a meth lab after one of the suspects was caught stealing components for the lab at a Tulsa Walmart. Tulsa Police arrested the man early Saturday morning for stealing aquarium hoses and cold packs–both used to make meth–at the discount retailer. The suspect then led police to [...]
Posted on Private Officer News on November 14, 2010 at 10:51 AM

Clarksville TN teacher?s aid charged with rape www.privateofficer.com

CLARKSVILLE, Tenn.Nov 14 2010 ? Clarksville police said a teacher’s aide has been charged with seven counts of rape of a child. Officials said the alleged abuse by Barry McCoy took place on more than one occasion in McCoy’s home while he babysat for a working mother. Police investigated after receiving a DCS referral in [...]
Posted on Private Officer News on November 14, 2010 at 10:49 AM

Colorado shop teacher charged with sexual assault of students www.privateofficer.com

Denver CO Nov 14 2010 Several female students who took shop from Dunstan Middle School teacher Gary Wegner told investigators the 40-year-old man would look down their shirts, press his body against theirs and inappropriately touch them, according to an arrest warrant affidavit in the case. Wegner, who was arrested Thursday for investigation of sexual
Posted on Private Officer News on November 14, 2010 at 10:48 AM

OFFICER DOWN-Wildlife Conservation Officer David Grove

Pennsylvania Game Commission Pennsylvania End of Watch: Thursday, November 11, 2010 Biographical Info Age: 31 Tour of Duty: 9 years Badge Number: Incident DetailsCause of Death: Gunfire Date of Incident: Thursday, November 11, 2010 Weapon Used: Gun; Unknown type Suspect Info: In custody Wildlife Conservation Officer David Grove was shot and killed on S
Posted on Private Officer News on November 14, 2010 at 10:46 AM

Police shoot armed student in Georgia www.privateofficer.com

DEKALB COUNTY, Ga. NOV 14 2010 (AP) – DeKalb County police are investigating an officer-involved shooting outside a Redan high school that left a 16-year-old student injured. DeKalb County schools spokesman Walter Woods said a fight broke out 3:30 p.m. Friday near Redan High School after students had been dismissed. Woods said a school security [
Posted on Private Officer News on November 14, 2010 at 10:45 AM

Forty NY Capitol security officers laid off www.privateofficer.com

ALBANY NY Nov 14 2010 — Forty security guards who work at the Empire State Plaza and Capitol building have been told they will be laid off by the end of the year, according to the union representing them. Loren Rigelhaupt of New York State Correctional Officers and Police Benevolent Association said 40 out of [...]
Posted on Private Officer News on November 14, 2010 at 10:44 AM

Police search for armored truck robbers in Atlanta www.privateofficer.com

BUFORD, Ga.Nov 14 2010 – Police in Gwinnett County are looking for two men they say robbed an armored car in Buford Thursday. It happened Thursday afternoon at the Bank of America off Buford Highway — where the truck was re-stocking an ATM. The driver says the suspects put a gun to the back of [...]
Posted on Private Officer News on November 14, 2010 at 10:42 AM

Scalia v. Breyer: Do legislators' intentions matter?

AP reports that:One of the most conservative justices on the U.S. Supreme Court and one of the most liberal ones sparred Friday over capital punishment, the direct election of senators and various other constitutional questions during a rare public debate that highlighted their philosophical differences. Antonin Scalia, 74, the longest-serving curr
Posted on Grits for Breakfast on November 14, 2010 at 10:14 AM

Teen sex and adult insanity

11-14-2010 Michigan: Girl was lightning rod for peers' fear Incredibly, detractors continue to heap online invective on a 14-year-old Huron High School freshman who hanged herself last week after a local TV broadcast publicizing her sexual assault complaint against a fellow Huron High student triggered a vicious pushback by the defend
Posted on Sex Offender Issues, News, Recidivism and Studies on November 14, 2010 at 9:42 AM

NFL WEEK 10 2010

Good Miami Dolphins-Chad Pennington -Football Sunday!It's a beautiful day and the Dolphins have a new starter at QB. Fun fact: two players making their first start for their teams today in Miami -Chad Pennington and Randy Moss- both played college football at Marshall. Mr. Markus (5-3-1) must be warily eyeing the calendar and beginning to note in his
Posted on Justice Building Blog on November 14, 2010 at 8:44 AM

In Praise of Elitism

Guess who said this: ?"All that said, given the fundamental factors in place that should support the demand for housing, we believe the effect of the troubles in the subprime sector on the broader housing market will likely be limited, and we do not expect significant spillovers from the subprime market to the rest of the economy or to the...
Posted on Crime & Federalism on November 14, 2010 at 6:46 AM

Attorney general, law makers announce proposed Sexting Prevention Legislation

11-14-2010 Texas: Sexting - the practice of sharing sexually explicit photographs and related content via cell phones - has become a new phenomenon especially among teenagers locally and around the nation, one that can lead to long-term consequences. ?Sexting message senders have no control of their message?s ultimate distribution. Embarrass
Posted on Sex Offender Issues, News, Recidivism and Studies on November 14, 2010 at 5:49 AM

DOJ Settles Seven FCPA Cases and Announces New Minimum Standards for Corporate FCPA Compliance Programs

Michael Volkav of Mayer Brown writes: The Department of Justice and Securities and Exchange Commission (SEC) resolved seven FCPA cases last week involving the oil and gas industry. The cases involved bribes to numerous foreign officials relating to the import...
Posted on White Collar Crime Prof Blog on November 14, 2010 at 4:31 AM

MA: Prison Update: It's not getting any better and op-ed from 3 ministers in Bay State Banner- "Prison Reform Is Neede Now--Not Later"

Prison Update: It's not getting any better By CHRIS FARAONE | November 10, 2010 Boston Phoenix It's discouraging that conditions may have worsened in state prisons since the Phoenix published "Troubled Over Bridgewater" in September. Our investigation highlighted egregious systemwide...
Posted on The Real Cost of Prisons Weblog on November 13, 2010 at 10:48 PM

Thorburn on Criminal Law as Public Law

Malcolm Thorburn (Queen's University - Faculty of Law) has posted Criminal Law as Public Law on SSRN. Here is the abstract: In this chapter, I propose a novel way of justifying the practices of the criminal justice system ? a...
Posted on CrimProf Blog on November 13, 2010 at 9:18 PM

Larsen on Bargaining Inside the Black Box

Alli Orr Larsen (College of William and Mary) has posted Bargaining Inside the Black Box (Georgetown Law Journal, Forthcoming) on SSRN. Here is the abstract: When jurors are presented with a menu of criminal verdict options and they cannot reach...
Posted on CrimProf Blog on November 13, 2010 at 7:16 PM

Saturday Afternoon Roundup

Here are a few stories that have been backing up this week while I've been focused elsewhere: New kid on the blockScott Greenfield sings the praises of Harris County's new Public Defender, Alex Bunin, and Mark Bennett assures us he's hopeful. The most difficult part of this job after hiring the best possible staff will be remaining politically i
Posted on Grits for Breakfast on November 13, 2010 at 5:29 PM

Claude Jones News Conference - Expanded Coverage

"Texas should overhaul death penalty laws, lawyer says," is the title of the AP report by Michael Graczyk, via the Austin American-Statesman. The execution of a Texas man whose plea for DNA testing was ignored shows procedures and laws covering...
Posted on StandDown Texas Project on November 13, 2010 at 1:10 PM

WaPo: "New [TSA] searches too personal for some air travelers"

New searches too personal for some air travelers by Derek Kravitz in today's Washington Post: Airport travelers call it groping, prodding or just plain inappropriate - a pat-down that probes places where the sun doesn't shine. The Transportation Security Administration calls it the new reality of airport security. Following the uncovering of a terro
Posted on Fourth Amendment on November 13, 2010 at 12:32 PM

South Boston Man Charged in Wedding Limo Carjacking

Police have charged 45-year-old Joseph Ghella of South Boston in the carjacking of a limo in front of a church where a wedding was taking place. The alleged carjacking occurred last Saturday in Dorchester around 1:45 p.m. A man who was allegedly armed with a hammer forced the driver and six bridesmaids out of the limo. A pastor from the church told t
Posted on Boston Criminal lawyer Blog on November 13, 2010 at 12:29 PM

Confidentiality: "Reporter Overhears Lawyer?s Conversation After Failed Hang-Up"

Make sure your cell phone hangs up: Reporter Overhears Lawyer’s Conversation After Failed Hang-Up on ABA Journal.com, linking to an article in the Houston Chronicle. Remember the California Governor's race and the errant words on the phone call with the reporter?
Posted on Law Of Criminal Defense on November 13, 2010 at 12:20 PM

DNA DEBACLE?

There's a strong buzz brewing regarding the BSO Crime Lab.  Apparently there's a problem with some of the DNA testing done on some of the most serious cases.  As to whether or not cases may be in jeopardy, or the nature of the problem, we can't say for sure.Developing ...
Posted on JAABlog on November 13, 2010 at 11:59 AM

"An unusual sentence aims to make a killer remember his victim"

The title of this post is the headline of this interesting and moving article from the St. Petersburg Times. Here are excerpts: The call came at 8 p.m. A 19-year-old driving a Honda Civic had lost control and gone off...
Posted on Sentencing Law and Policy on November 13, 2010 at 10:13 AM

Huron Township cops probe second sex complaint after teen's suicide

11-13-2010 Michigan: Huron Township? A new sexual assault complaint is surfacing against 18-year-old Joseph Tarnopolski, who escaped prosecution for an encounter with a 14-year-old girl who later committed suicide. Police are investigating a second "similar" complaint against the Huron High School senior, who saw felony charges against him f
Posted on Sex Offender Issues, News, Recidivism and Studies on November 13, 2010 at 9:42 AM

Findlaw: "Is Philly's 'Stop and Frisk' Racial Profiling?"

On the Findlaw Blotter: Is Philly's 'Stop and Frisk' Racial Profiling? by Laura Strachan: Stop and frisk sounds more like a trendy dance move or a board game than a form of racial profiling. But that is exactly what some critics are claiming the real purpose behind Philly's stop and frisk approach to law enforcement is. The Philadelphia stop and frisk
Posted on Fourth Amendment on November 13, 2010 at 9:30 AM

Sex Offender Task Force Issues Nine Recommendations

11-13-2010 California: Group Said Recommendations Most Effective When Implemented Together SACRAMENTO ? A multi-agency task force, created to assist the California Department of Corrections and Rehabilitation (CDCR) in developing a comprehensive approach to sex offender supervision, released its report today that included nine interre
Posted on Sex Offender Issues, News, Recidivism and Studies on November 13, 2010 at 6:14 AM

Community angered after sex offender receives award

11-13-2010 Michigan: ALBION, Mich. (NEWSCHANNEL 3) ? The Albion Chamber of Commerce has aroused some anger in the community by giving an award to a sex offender. His name is Ken Fourn and his neighbors found him on the sex offender registry. He spent time in jail after being convicted of second degree criminal sexual conduct. Despite that,
Posted on Sex Offender Issues, News, Recidivism and Studies on November 13, 2010 at 5:51 AM

B-N woman ordered to register as sex offender after battery charges

How soon will it be that, the mere mention of the word "Sex" will require registering as a sex offender?11-13-2010 Indiana: BLOOMINGTON -- A Bloomington woman was ordered Friday to register as a sex offender and serve two years probation for battery that involved sexually motivated contact with two minor boys. Trina Hall, 37, was acquitted b
Posted on Sex Offender Issues, News, Recidivism and Studies on November 13, 2010 at 5:40 AM

John Brown Goes to Wall Street?

There are many who think Americans will never take up arms against their oppressors, and that tarring-and-feathering will remain a figure of speech. Do people who doubt a revolution is possible study history - or even listen to the Rolling Stones? There are many who claim that violence against Wall Street would be immoral. How quickly Americans have fo
Posted on Crime & Federalism on November 13, 2010 at 5:39 AM

Wyo. legislative panel backs sex offender law change (Adam Walsh Act)

Will the Adam Walsh Act's treatment of juveniles ultimately be the cause of juvenile bullying cases, and suicides of some juveniles?11-13-2010 Wyoming: CASPER, Wyo. ? Teenagers who commit certain violent sex crimes would be required to register as sex offenders under a bill endorsed Friday by a Wyoming legislative committee. Neighbors, schoo
Posted on Sex Offender Issues, News, Recidivism and Studies on November 13, 2010 at 5:30 AM

Former guards slam prison, culture of violence

11-13-2010 Idaho: BOISE, Idaho (AP) - Three former employees at Idaho's only private prison say staff routinely failed to protect inmates, and in some cases put inmates in situations knowing they'd be beaten by others. The statements from the former Idaho Correctional Center guards are in affidavits filed in a federal lawsuit against the pris
Posted on Sex Offender Issues, News, Recidivism and Studies on November 13, 2010 at 5:17 AM

?Happy Birthday, Dear Murder Victim?

Eugene Volokh at The Volokh Conspiracy notes this recent Georgia Supreme Court case addressing the propriety of a prosecutor's producing a birthday cake and singing "Happy Birthday" to the child victim in a murder case. All the justices agreed that...
Posted on CrimProf Blog on November 12, 2010 at 9:48 PM

VOTE NOW and OFTEN FOR SUSAN BURTON --FINALIST OF CNN HERO OF THE YEAR--VOTING ENDS THURSDAY NOVEMBER 18

From Youth Justice Coalition in LA-----http://www.youth4justice.org/ Susan Burton is a finalist for 2010 CNN HERO OF THE YEAR. This is an amazing opportunity for everyone working in the movement for community justice. For all of us who have direct experience...
Posted on The Real Cost of Prisons Weblog on November 12, 2010 at 7:25 PM

It Ain't Over 'Till It's Over...The Beauty of a California Felony Appeal

Following your felony conviction, the judge sentenced you to an unduly harsh criminal sentence?a sentence that exceeds legal boundaries. After the jury convicted you, one of the jurors told your attorney that the verdict was based on an outside investigation...
Posted on California Criminal Defense Blog on November 12, 2010 at 7:24 PM

Biker With Cerebral Palsy Arrested for DUI in Utah

In Utah, a highway patrol officer arrested a man with epilepsy and cerebral palsy for DUI, after pulling him over as he rode a motorized bicycle, according to an article in CBS News. Mike Tilt’s disabilities would make it difficult for him to complete a field sobriety test under any circumstances, and he warned the officer [...]
Posted on The DUI Blog on November 12, 2010 at 6:42 PM

Law enforcement panel urging repeal of sex offender residency restrictions in California

As detailed in this interesting AP article, a "law enforcement panel is recommending that California voters repeal the residency restrictions for sex offenders they approved four years ago because too many are listed as transient, making them more difficult to...
Posted on Sentencing Law and Policy on November 12, 2010 at 6:42 PM

Special Roth Show tonight: The ugly & deadly Globalist agenda

Special Roth Show Program tonight 6:00-9:00 p.m. ET 12 November 2010: Islamic terrorism exists and continues to be a threat. But are we becoming a police state as a result of the deliberate and planned exploitation of such threats? Is the global agenda of the power elite shifting into high gear? The TSA (To Sexually [...]
Posted on Northeast Intelligence Network on November 12, 2010 at 6:03 PM

The Capital Cost Factor in Texas

Fort Worth Star-Telegram columnist Mike Norman's latest is, "Here's a way Texas lawmakers can save tax dollars." Seeing as how the Texas Legislature is locked in tight on being all conservativey next year -- especially fiscal conservativey, given the forecast...
Posted on StandDown Texas Project on November 12, 2010 at 5:28 PM

Innocence Project News Conference

Here are the initial news accounts. "Innocence Project: Overhaul death penalty laws," is the first AP report, via Google News. There is a photo gallery, as well. A leading anti-death penalty lawyer says the execution of a Texas man whose...
Posted on StandDown Texas Project on November 12, 2010 at 4:57 PM

Picking the Wrong Person - Palin's Email Account

According to a DOJ Press Release, after a trial by jury the court issued a sentence of "one year and one day in prison for intentionally accessing without authorization the e-mail account of former Alaska governor Sarah Palin." The sentence...
Posted on White Collar Crime Prof Blog on November 12, 2010 at 4:53 PM

The Texas Clemency Memos

One of Harry Truman's favorite sayings was, "The only thing new in the world is the history you don't know." As we now know from the case of Claude Jones, then-Governor George W. Bush was not given critical information about...
Posted on StandDown Texas Project on November 12, 2010 at 4:47 PM

Sarah Palin hacker get a federal year-and-a-day sentence

As detailed in this CBS News report, "David Kernell, the 22-year-old man who hacked into Sarah Palin's e-mail during the 2008 presidential campaign, was sentenced Friday to a year and a day, with the judge recommending a halfway house instead...
Posted on Sentencing Law and Policy on November 12, 2010 at 4:44 PM

The Republican House and Drug Reform: The Good, the Bad, and the Ugly

The Republican House and Drug Reform: The Good, the Bad, and the Ugly by Phillip Smith, November 10, 2010, 03:01am, (Issue #658) Last week, a resurgent Republican Party retook control of the US House of Representatives, giving the Democrats a...
Posted on The Real Cost of Prisons Weblog on November 12, 2010 at 3:36 PM

Waiving Your Right to Counsel

The right to counsel is one of the most fundamental and constitutionally well-protected rights that Americans enjoy. The fundamental premise of the right to counsel is that the law recognizes that attorneys are formally trained in, and are supposed to be intimately familiar with, the law and that citizens have the right to rely on the expertise of at
Posted on Tennessee Criminal Lawyer Blog on November 12, 2010 at 3:24 PM

Veterans? Courts: The Return of the Abuse Excuse? (Dripps)

Writing in the Veteran?s Day edition of the New York Times, Ronald D. Castille, Chief Justice of the Pennsylvania Supreme Court, and a Viet Nam veteran himself, celebrates the growing movement to provide specialized courts for offenders with a record...
Posted on CrimProf Blog on November 12, 2010 at 2:09 PM

Ending Obesity

It really is this simple.
Posted on Crime & Federalism on November 12, 2010 at 1:16 PM

Anthony Graves Seeks Compensation for Wrongful Incarceration

Harvey Rice writes, "Innocent man seeks his due from state," for today's Houston Chronicle. Attorneys for a Somerville man freed last month after spending more than a decade on death row will return to court next week to take the...
Posted on StandDown Texas Project on November 12, 2010 at 12:37 PM

Faulty hair forensics used to convict executed defendant

I don't suppose this will change anybody's mind on the death penalty pro or con, but it appears Texas may have executed a defendant based on a bogus forensic hair comparison. The Texas Observer has the scoop in a story which opens:Claude Jones always claimed that he wasn?t the man who walked into an East Texas liquor store in 1989 and shot the owner.
Posted on Grits for Breakfast on November 12, 2010 at 12:17 PM

Claude Jones Case - Additional News Coverage

The Innocence Project is holding a news conference this morning. I'll post coverage as soon as it becomes available. The Innocence Project has also posted this timeline of the case. If you haven't already read Dave Mann's exclusive "DNA Tests...
Posted on StandDown Texas Project on November 12, 2010 at 12:05 PM

Armed Robbery in Harvard Yard

An armed robbery occurred early Thursday in the famous Harvard Yard. A man who was unaffiliated with Harvard University was robbed at gunpoint outside of a freshman dorm around 2:45 a.m. He gave his wallet to the robber and fled from the area. The robber was described as a thin, 5-foot-9 Hispanic male in his 20s. In Massachusetts, armed robbery is go
Posted on Boston Criminal lawyer Blog on November 12, 2010 at 11:32 AM

IA: Opponents Stop Urbandale Immigrant Prison

Protesters block Urbandale immigration facility By SARA SLEYSTER November 10, 2010 Des Moines Register The controversy over a plan for a federal immigration enforcement facility in Urbandale has ended. A day after a public hearing drew more than 100 protesters...
Posted on The Real Cost of Prisons Weblog on November 12, 2010 at 11:06 AM

Everett Women Charged in Winthrop Stabbing

Suffolk County prosecutors told the Boston Globe that two Everett women, 31-year-old Sharnell Donahue and 51-year-old Diane Tuck, have been charged with armed assault with intent to murder and armed assault with intent to rob in connection with a Winthrop stabbing. Donahue and Tuck were arraigned today in East Boston District Court. The alleged stabb
Posted on Boston Criminal lawyer Blog on November 12, 2010 at 11:05 AM

IL: Are legislative maps hurting prison reforms?

Are legislative maps hurting prison reforms? By Pam Adams Journal Star Nov 10, 2010 In April, Maryland lawmakers voted to count prison inmates at their home addresses, instead of where they're incarcerated, for state and local legislative redistricting purposes. New...
Posted on The Real Cost of Prisons Weblog on November 12, 2010 at 10:56 AM

IA: Taxpayer bill at Fort Madison prison: $40,598 per inmate annually

Taxpayer bill at Fort Madison prison: $40,598 per inmate annually Blog post by William Petroski ? November 11, 2010 Housing convicts in Iowa?s prison system isn?t cheap, according to a new report by the Iowa Legislative Services Agency. At the...
Posted on The Real Cost of Prisons Weblog on November 12, 2010 at 10:50 AM

AZ: AFSC Calls for an Investigation into the Politics of Prison

AFSC Calls for an Investigation into the Politics of Prison Privatization Nov. 11, 2010 Tuscon Citizen The American Friends Service Committee and Beau Hodai (author of the groundbreaking article from In These Times on private prisons & Arizona) met on...
Posted on The Real Cost of Prisons Weblog on November 12, 2010 at 10:40 AM

"Pardon people, too, Mr. President"

The title of this post is a fitting headline for this potent op-ed by Margaret Colgate Love in today's Washington Post. It is styled as an open letter to President Obama, and here are excerpts: Dear Mr. President, Media reports...
Posted on Sentencing Law and Policy on November 12, 2010 at 9:40 AM

MIAMI MELTDOWN

Heat horror! The home town cagers in free fall as the Heat suffered a second straight loss at home last night. The team is now 1-3 in the last four games as they stagger towards the cellar and a losing record. Meanwhile our Fins make a change at QB as they try and avoid another embarrassing loss at home this weekend. And that's your blog sports wrap u
Posted on Justice Building Blog on November 12, 2010 at 9:21 AM

District judge calls federal prosecutors sentencing memorandum "mean-spirited"

This interesting piece in the DealBook section of the New York Times reports on a federal district judge expressing significant disconcert with the aggressive sentencing recommendations of federal prosecutors in a recent high-profile white-collar case. Here are the particulars: A...
Posted on Sentencing Law and Policy on November 12, 2010 at 9:08 AM

Inmates having to sleep on floors in overcrowded West Virginia jails

This local article, which is headlined "Official says inmates sleeping on jail floors," spotlights the problems of jail overcrowding in West Virginia. Here are excerpts: Officials say the issue of over-population has reached a critical point in the state's regional...
Posted on Sentencing Law and Policy on November 12, 2010 at 8:33 AM

Wright on Crime Predictions

Ronald F. Wright (Wake Forest University - School of Law) has posted Fragmented Users of Crime Predictions (Arizona Law Review, Vol. 52, No. 1, 2009) on SSRN. Here is the abstract: In this commentary on an article by Henderson, Wolfers,...
Posted on CrimProf Blog on November 12, 2010 at 7:15 AM

NY comedian arrested for bringing knife into airport security area www.privateofficer.com

Salt Lake City Utah Nov 12 2010 The FBI says that a New York comedian and moviemaker was arrested after he deliberately attempted to take a multitool with a knife onto a Southwest Airlines plane at Salt Lake City International Airport. Cardon Christopher Ellis ? a self-styled New York comic and moviemaker ? was charged [...]
Posted on Private Officer News on November 12, 2010 at 6:52 AM

Guardsmark pays to settle sex discrimination claim www.privateofficer.com

New York Nov 12 2010 The Equal Employment Opportunity Commission issued the following news release: Guardsmark LLC, a major provider of security services in North America and the United Kingdom, will pay $52,500 to settle a sex discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEO
Posted on Private Officer News on November 12, 2010 at 6:35 AM

Solano County High School teacher arrested for sex with student ww.privateofficer.com

VALLEJO CA Nov 12 2010 — A Solano County high school teacher was arrested Tuesday night on suspicion of having sex with one of her students in her Vallejo home, law enforcement officials said. Felecia Killings, 27, a Rodriguez High School English teacher, was released on bail from the Solano County Jail after being arrested [...]
Posted on Private Officer News on November 12, 2010 at 6:34 AM

Cal. mall security nab car thieves nabbed usinig plate scanner www.privateofficer.com

SACRAMENTO, CA Nov 12 2010  - Police arrested a man suspected of stealing a car and driving it into Arden Fair mall’s parking lot Tuesday thanks largely to license plate scanners mounted on security vehicles, and new high definition cameras in and outside the mall. Sacramento police spokesman Sgt. Norm Leong said 19-year-old Kintachi Ramey [...]
Posted on Private Officer News on November 12, 2010 at 6:32 AM

NC teacher charged with student rape www.privateofficer.com

WILLIAMSTON, N.C.Nov 12 2010 – A middle school teacher charged with statutory rape and sex offense with a student is out on bond tonight. Sara Leann Dwiggins’ bond was reduced from $200,000 to $50,000 under the condition that she stay with her mother, Cynthia Dwiggins, at their home in Salisbury. Dwiggins must also contact the [...]
Posted on Private Officer News on November 12, 2010 at 6:30 AM

NM Corrections officer killed by police after bank robbery www.privateofficer.com

Albuquerque NM Nov 12 2010 We have learned that the man who robbed a bank and then committed suicide yesterday was a state corrections officer. Police have identified him as 25-year-old Eric Soto who killed himself after a police chase in northeast Albuquerque yesterday. Right now, police and co-workers sat that it is a mystery why officer Soto decided
Posted on Private Officer News on November 12, 2010 at 6:29 AM

Police arrest shoplifter after he pulls gun on security www.privateofficer.com

American Fork Utah Nov 12 2010  Police arrested a Lehi man Thursday after he threatened security officers with a gun at Kohl’s in American Fork. Tyson Blaine Gurr, 25, was booked into the Utah County Jail on charges of aggravated robbery, possession of a weapon by a restricted person, three counts of possession of a controlled [...]
Posted on Private Officer News on November 12, 2010 at 6:19 AM

Veteran Cincinnati officer bilks Kroger www.privateofficer.com

Cincinnati OH Nov 12 2010 A veteran Cincinnati police officer, who also worked security for a Kroger store, was caught bilking close to $3,000 from the store by charging for hours he never worked. On 54 occasions, Spec. Darryl Chatman would clock in at the Winton Hills Kroger store and then leave, bilking the store [...]
Posted on Private Officer News on November 12, 2010 at 6:14 AM

In the News & Around the Blogosphere

AP, Houston Chronicle, Appeals denied in Dallas schools corruption case AP, Mercury News, Bell mayor in corruption case says DA bilked him DOJ Press Release, Manhattan U.S. Attorney Charges 17 People with Participating in $42.5 Million Fraud on Organization That...
Posted on White Collar Crime Prof Blog on November 12, 2010 at 1:28 AM

GA: Audio of co-occupant's consent showed it was voluntary

Defendant was accused of beating a woman with a tree limb, and the police responded. He was in his house showering, and they were able to determine where he was. They were admitted by a co-occupant and had audio of the consent which showed it was voluntary. Evidence of the beating was found inside. Brown v. State, 2010 Ga. LEXIS 844 (November 8, 2010).
Posted on Fourth Amendment on November 12, 2010 at 1:25 AM

"Internet Stings & Modern Victims"

Crime and Consequences has this post on a current impossibility case from the Washington Supreme Court, upholding the conviction.
Posted on CrimProf Blog on November 12, 2010 at 1:15 AM

W.D.Tenn.: Automatic License Plate Recognition (?ALPR?) alert of stolen car was reasonable suspicion

Memphis PD police cars have Automatic License Plate Recognition (?ALPR?) technology which reads license plates and compares the information against a national database of stolen cars. A hit is reasonable suspicion for a stop. Observation of shotgun shells in the back seat justified a search of the vehicle for a weapon. United States v. Lurry, 2010 U.S.
Posted on Fourth Amendment on November 12, 2010 at 1:13 AM

ID: The exclusionary rule does not apply in civil child protection cases

The exclusionary rule does not apply in child protection cases (citing a lot of cases from various jurisdictions). Idaho Dep't of Health & Welfare v. Doe, 2010 Ida. App. LEXIS 91 (November 4, 2010). Defendant?s implied consent was still valid despite the officer?s comment that if she didn?t comply with giving a breath test, a blood test would occur. S
Posted on Fourth Amendment on November 12, 2010 at 1:02 AM

Why Apologists for American Capitalism Are Idiots

Carol Bartz, CEO of Yahoo!, is universally recognized as a moron and a failure. Yahoo!'s management, too, is regarded as a group of do-nothing, know-nothing failures. They have failed the company, and yet what is going to happen to them? Carol Bartz earned $39 million. For one year of "work." She failed, and that's her punishment. Meanwhile, she and he
Posted on Crime & Federalism on November 12, 2010 at 12:35 AM

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