• Law Students at Occupy Toronto

    Updated: 2011-11-08 09:32:57
    Courtesy of Canadian Lawyer for Students: Featuring Dave Shellnutt of Osgoode Hall.

  • The Revolving Door

    Updated: 2011-11-08 00:28:03
    HOME Main The Revolving Door November 7, 2011 4:28 PM Posted by Kent Scheidegger 0 Comments Question : nbsp What is more disgusting than a spoiled Hollywood celebrity who thinks she can thumb her nose at the law , and nothing serious can be done to her Answer : nbsp The realization she may be . right Greg Risling of AP reports on Lindsay Lohan's latest revolving door visit to the LA County Jail . nbsp The judge got serious and ordered that she spend 30 days in lockup . nbsp She was there 4 hours and 47 minutes . nbsp If my math is correct , that's a 99.3 . discount As pathetic as it sounds , this is not necessarily special treatment , said Adam H . Braun , a defense attorney who was not involved in the case . It just depends how full the jail is when someone surrenders . If it is filled to

  • Protesting The Protest

    Updated: 2011-11-07 22:26:43
    HOME Main The Revolving Door Protesting The Protest November 7, 2011 2:26 PM Posted by Kent Scheidegger 0 Comments In case you were wondering , there are persons of sense left in Oakland . nbsp Chip Johnson writes in the SF : Chron I'm one of the Oakland residents who paid for the renovation of Frank Ogawa Plaza outside Oakland City Hall , and now another group wants to claim it and rename it . They're trying to be the new bosses , telling me where I need to go , who I need to talk with and what I really need to be . doing I've had . it Oakland Mayor Jean Quan doesn't have the chutzpah to say it , so I will : Get off of my . lawn Quan gave up on enforcing the city's no-camping policy and has asked people not to camp on the plaza , then ordered Oakland police to maintain a minimum presence

  • Cooper/Frey Podcast

    Updated: 2011-11-07 22:02:15
    The Federalist Society has this podcast on the Cooper and Frey cases, argued last week, by CJLF Legal Director Kent Scheidegger.

  • An Unusual Sting Operation

    Updated: 2011-11-07 20:55:12
    Despite the frequent hue and cry about sting operations, even the defense bar will have to agree this one was a real honey, not to mention quite productive. Apparently there are 60,000 suspects. Sorry, I couldn't resist.

  • News Scan

    Updated: 2011-11-07 16:50:41
    HOME Main An Unusual Sting Operation News Scan November 7, 2011 8:50 AM Posted by CJLF Staff 0 Comments Supreme Court Upholds Death : Sentence Allan Turner of The Houston Chronicle reports the U.S . Supreme Court has rejected convicted Houston killer Duane Buck's request to overturn his death sentence . The Supreme Court stopped his September 15th execution in order to decide whether to review the case . Buck was sentenced to death for the murder of his former girlfriend , Debra Gardner and her friend , Kenneth Butler . He also shot his sister , Phyllis Taylor , who survived . The issue before the court was testimony in the trial's punishment phase . Psychologist Walter Quijano on cross examination said being black could contribute to to Buck's future dangerousness in prison . Supreme

  • Today's Orders

    Updated: 2011-11-07 16:29:29
    HOME Main Today's Orders November 7, 2011 8:29 AM Posted by Kent Scheidegger 0 Comments A couple of notable cases among the certiorari petitions granted and : denied In Buck v . Thaler defendant claimed a constitutional violation based on comments about race by an expert witness . nbsp One small problem , as pointed out by Justice Alito joined by Justices Scalia and , notably , : Breyer Dr . Quijano's testimony would provide a basis for reversal of petitioner's sentence if the prosecution were responsible for presenting that testimony to the jury . But Dr . Quijano was a defense witness , and it was petitioner's attorney , not the prosecutor , who first elicited Dr . Quijano's view regarding the correlation between race and future . dangerousness The court took up the juvenile LWOP cases ,

  • Another summary AEDPA reversal

    Updated: 2011-11-07 16:23:35
    HOME Main Today's Orders Another summary AEDPA reversal November 7, 2011 8:23 AM Posted by Kent Scheidegger 0 Comments Once again , the US Supreme Court has summarily and unanimously reversed a circuit divisible by 3 in a capital case for failing to obey the mandate of Congress to respect the finality of state court decisions on debatable questions . nbsp From Bobby v . Dixon Under the Antiterrorism and Effective Death Penalty Act , a state prisoner seeking a writ of habeas corpus from a federal court must show that the state court's ruling onthe claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement . Harrington v . Richter , 562U . S . 2011 slip op .

  • Chelmsford Massachusetts Woman Facing Criminal Charges In Lawrence After Trying To Stab Nephew In Methuen Home

    Updated: 2011-11-05 16:10:57
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Chelmsford Massachusetts Woman Facing Criminal Charges In Lawrence After Trying To Stab Nephew In Methuen Home November 5, 2011 Posted In : Violent Crimes By Stephen Neyman , . P.C on November 5, 2011 11:10 AM Permalink The Lawrence Eagle Tribune reports that Amy Moolic , a Chelmsford Massachusetts resident has been charged with a Felony following an incident on Riverside Drive in Methuen This occurred on Thursday . The night before Moolic was involved in car accident . Following that incident she stayed with family members . Her nephew , the victim , woke her up to check on her . She became angry and

  • Social Privileges 101 – Breathing

    Updated: 2011-11-05 02:54:31
    Obviously: “Membership in the upper ranks of the Chinese Communist Party has always had a few undeniable advantages. There are the state-supplied luxury sedans, special schools for the young ones and even organic produce grown on well-guarded, government-run farms. When they fall ill, senior leaders can check into 301 Military Hospital, long considered the capital’s [...]

  • Resuming Executions in Ohio

    Updated: 2011-11-04 21:12:55
    As I have noted previously, Ohio has had a leading role in carrying out justice in the worst murder cases. The state was the first to successfully implement a single-drug lethal injection protocol, and in 2010 it carried out 8 executions, second only to much-larger Texas. Executions have been on hold there recently because of a surprising order issued by US District Judge Gregory Frost in July. That hold is apparently over now, and Judge Frost has denied a request to stay the next scheduled execution. Andrew Welsh-Huggins has this story for AP.

  • When Californians Knew What They Were Doing

    Updated: 2011-11-04 19:35:00
    HOME Main When Californians Knew What They Were Doing November 4, 2011 12:35 PM Posted by Bill Otis 0 Comments Ed Whelan reminds us that today , November 4, is the 25th anniversary of one of the great moments in California elections . nbsp Ed : notes What do actual citizens think of liberal judicial activists By large margins , the people of California unseat state chief justice Rose Bird 66 no and justices Cruz Reynoso 60 no and Joseph Grodin 57 no All three justices had been appointed by Jerry Moonbeam Brown , California's governor from 1975 to 1983. Bird had voted to overturn death sentences in all 61 capital cases that had come before her , and all three were widely regarded as activists who imposed their own liberal policy preferences , particularly on crime and business . issues Now

  • Strip-Search Lawyers Air Dirty Linen

    Updated: 2011-11-04 16:01:56
    HOME Main When Californians Knew What They Were Doing Strip-Search Lawyers Air Dirty Linen November 4, 2011 9:01 AM Posted by Kent Scheidegger 0 Comments In Florence v . Board of Chosen Freeholders No . 10-945 the question before the Supreme Court as phrased by the plaintiff is , Whether the Fourth Amendment permits a jail to conduct a suspicionless strip search of every individual arrested for any minor offense no matter what the circumstances . But there is a backstory here about a nasty fight between two lawyers for the plaintiff , reported by Jess Bravin in the . WSJ The dispute between Susan Chana Lask and Elmer Robert Keach III sheds light on a little-known but lucrative legal niche , and shows why a decisive ruling by the Supreme Court is sometimes the last thing lawyers . want Mr .

  • News Scan

    Updated: 2011-11-04 15:54:31
    HOME Main Strip-Search Lawyers Air Dirty Linen News Scan November 4, 2011 8:54 AM Posted by CJLF Staff 0 Comments Convicted Southside Slayer' Faces Death Penalty AP reports in the Washington Post that serial killer Micheal Hughes , 55, was convicted Thursday of three counts of first-degree murder with special circumstances for strangling two prostitutes an a 15-year-old in a Southern California killing streak that spanned from the 80s-90s . Hughes was serving a life sentence for killing four women in 1992-3 when he was charged with the additional murders . Authorities said DNA evidence linked Hughes to the killings . Prosecutors will seek the death penalty when the sentencing phase of his trial begins . Monday Maryland High Court Upholds Conviction For Child Abuser Peter Hermann of the

  • Fake Studies

    Updated: 2011-11-03 23:16:39
    HOME Main Fake Studies November 3, 2011 4:16 PM Posted by Kent Scheidegger 0 Comments The Broken Windows Theory , famously advanced by our friends and advisors James Q . Wilson and George Kelling , contends that disorder in society , the small stuff , leads to higher rates of more serious . crime In the Netherlands , Diederik Stapel of Tilburg University compiled data showing a connection between disorder and prejudice . nbsp That's an interesting variation . nbsp There is just one small problem with his data , though . nbsp He made it . up Joel Achenbach has this post at the WaPo . nbsp Ewen Callaway of Nature magazine has this article reprinted by Scientific . American We have some 30 papers in peer-reviewed journals where we are actually sure that they are fake , and there are more to

  • Lowell Massachusetts Man Caught With Pants Down Charged With Open And Gross Lewdness

    Updated: 2011-11-03 20:35:06
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Lowell Massachusetts Man Caught With Pants Down Charged With Open And Gross Lewdness November 3, 2011 Posted In : Sex Crimes By Stephen Neyman , . P.C on November 3, 2011 3:35 PM Permalink Last night a woman reported seeing a man exposing himself and making obscene gestures towards her as she drove by him in her car . Shortly before 10:30 Lowell police arrested the man . He was identified by the woman shortly after the incident . The defendant , Michael Sullivan was arrested at the same location just about one week ago after police received information that Sullivan had been exposing himself . When the

  • The Visual Du Jour – Concentrate!

    Updated: 2011-11-03 02:52:12
    Corporate concentration, that is (click on the image for a ginornous view):

  • Blue Eyes / Brown Eyes

    Updated: 2011-11-03 02:33:32
    Remember this? Now read this (via): “Dr Gregg Homer of Stroma Medical, a clinical equipment company based in California, claimed his new “Lumineyes” treatment could be a permanent alternative to coloured contact lenses. The treatment uses a laser to remove melanin, the brown pigment, from the upper layer of the iris, leaving the blue colour [...]

  • The Crime Wave Begins on Schedule

    Updated: 2011-11-03 02:18:46
    HOME Main The Crime Wave Begins on Schedule November 2, 2011 7:18 PM Posted by Bill Otis 0 Comments As noted in yesterday's News Scan , the retroactive application of lighter sentences for those convicted of crack cocaine offenses began on November 1, with an intitial release of about 1800 crack offenders . nbsp The New York Times carried an accurate and reasonably balanced story about it . nbsp The story quotes yours truly as a dissenting voice . nbsp The numbers are daunting . nbsp The Sentencing Commission has said that it expects 12,000 offenders will be eligible for release , nbsp and that the average amount of time to be deducted from their sentences will be slightly more than three years . nbsp In other words , we could easily wind up with 36,000 more man-years of these offenders on

  • Prisoner Escapes From Essex County Minimum Security Jail In Lawrence Massachusetts

    Updated: 2011-11-02 19:47:55
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Prisoner Escapes From Essex County Minimum Security Jail In Lawrence Massachusetts November 2, 2011 Posted In : By Stephen Neyman , . P.C on November 2, 2011 2:47 PM Permalink Jose Morales , a Salem Massachusetts resident was serving a two and one half year sentence in the Essex County Correctional Alternative Center in Lawrence Last night he left the facility . He had served about three months of the sentence , one that would have resulted in his release in about ten months . His sentence was for Defrauding an Innkeeper , Disorderly Person and Assault and Battery on a Public Servant The Correctional

  • Les Restaveks – Child Slaves

    Updated: 2011-11-02 04:14:35
    The latest installment in Al Jazeera’s Slavery series:

  • Corporate Crime and Kid Gloves

    Updated: 2011-11-01 23:01:33
    If you want to commit crimes, don’t mug old ladies for their Social Security money, don’t rob gas stations, don’t do anything related to drugs because you’re hurting the children and The War on Drugs will get you. All of these crimes will have you join the ranks of the world’s proportionally largest prison population [...]

  • Four Bridgewater State College Students Arrested, Charged With Massachusetts Drug Crimes Involving Cocaine, Marijuana Trafficking

    Updated: 2011-11-01 21:41:54
    , , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Four Bridgewater State College Students Arrested , Charged With Massachusetts Drug Crimes Involving Cocaine , Marijuana Trafficking November 1, 2011 Posted In : By Stephen Neyman , . P.C on November 1, 2011 4:41 PM Permalink Just last week four Massachusetts residents attending school at Bridgewater State College were arrested for their involvement in serious drug activities . The four , Tyler Trainor of Saugus Bradley Head from Worcester County Eric Eldred of Methuen and Patrick McGirr were living in an off-campus house . Local drug enforcement officers had been watching the place for over one

  • Sex Slaves

    Updated: 2011-11-01 06:06:52
    This is the third video in Al Jazeera’s series, Slavery: A 21st Century Evil:

  • The Castle Law In Massachusetts, A Valid Defense To Murder

    Updated: 2011-10-28 17:57:28
    , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home The Castle Law In Massachusetts , A Valid Defense To Murder October 28, 2011 Posted In : By Stephen Neyman , . P.C on October 28, 2011 11:57 AM Permalink Massachusetts General Laws Chapter 278 8A provides a defense to someone who is being prosecuted for Murder in Massachusetts . The law states that it is a recognized defense for anyone who is the occupant of a dwelling and is charged with killing someone who was not lawfully in the home so long as he acted with the reasonable belief that this person was about to inflict death or great bodily injury on him or on someone else who was lawfully in the

  • Arrest Made In Braintree Massachusetts After Cop Sees Suspected Drug Deal, Forty Pounds Of Marijuana Seized

    Updated: 2011-10-28 01:44:22
    , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Arrest Made In Braintree Massachusetts After Cop Sees Suspected Drug Deal , Forty Pounds Of Marijuana Seized October 27, 2011 Posted In : Drug Crimes By Stephen Neyman , . P.C on October 27, 2011 7:44 PM Permalink A homicide detective working for the Massachusetts State Police was on his way home from work when he saw something that caught his eye . Three cars were driving suspiciously in a residential neighborhood in Braintree The cars pulled over and a large piece of luggage was transferred from one vehicle to another . The trooper had information that involved other drug transactions in that

  • "Fear, Greed, and Financial Crises: A Cognitive Neurosciences Perspective"

    Updated: 2011-10-26 23:06:43
    Recently Posted to SSRN: . "Fear, Greed, and Financial Crises: A Cognitive Neurosciences Perspective" . ANDREW W. LO, MIT Sloan School of Management, National Bureau of Economic Research (NBER) Historical accounts of financial crises suggest that fear and greed are...

  • Beverly Massachusetts Man Charged With Armed Robbery While Masked In The Salem District Court

    Updated: 2011-10-26 01:33:50
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Beverly Massachusetts Man Charged With Armed Robbery While Masked In The Salem District Court October 25, 2011 Posted In : Bail Theft Crimes Violent Crimes By Stephen Neyman , . P.C on October 25, 2011 7:33 PM Permalink According to the Salem News , last week a Beverly , Massachusetts man went into a Tedeschi convenience store wearing a mask and a hoodie . The store clerk was arranging items in the store . He heard someone come into the store . He then saw a man carrying a large semiautomatic weapon demanding money . He complied with the demand and gave the robber between one hundred fifty and two

  • How many lawyers does it take to change a light bulb?

    Updated: 2011-10-21 18:11:13
    Q: How many lawyers does it take to change a light bulb? A: Whereas the party of the first part, also known as “Lawyer”, and the party of the second part, also known as “Light Bulb”, do hereby and forthwith agree to a transaction wherein the party of the second part (Light Bulb) shall be [...]

  • Trigger-Happy Plaintiff Feels the Blowback for Initiating SLAPP Action

    Updated: 2011-10-21 12:42:15
    A recent decision by the Supreme Court of British Columbia in relation to a costs application provides a cautionary tale for eager plaintiffs that hope to use the courtroom to wage their own private war on citizens exercising their right to free speech. In Scory v. Krannitz, 2011 BCSC 1344 (“Scory”), Bruce J. awarded special [...]

  • Tewksbury Massachusetts Man Charged With Child Pornography, Rape Of A Child, Other Sex Crimes After Caught In Modeling Scam

    Updated: 2011-10-21 00:06:35
    , , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Tewksbury Massachusetts Man Charged With Child Pornography , Rape Of A Child , Other Sex Crimes After Caught In Modeling Scam October 20, 2011 Posted In : Child Pornography Sex Crimes By Stephen Neyman , . P.C on October 20, 2011 6:06 PM Permalink According to an article in today's Lowell Sun Thomas Hutchinson has been indicted by a Middlesex County Grand Jury on multiple Massachusetts Sex Crimes The former Billerica , Massachusetts man was arrested this past July and initially charged in the Somerville District Court . It is alleged that Hutchinson pretended to work in the modeling field and that

  • Massachusetts Man Charged In Hingham Court For Larceny Over $250 After Returning To Crime Scene To Retrieve His Lost Cell Phone

    Updated: 2011-10-19 21:38:52
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Massachusetts Man Charged In Hingham Court For Larceny Over 250 After Returning To Crime Scene To Retrieve His Lost Cell Phone October 19, 2011 Posted In : Motor Vehicle Crimes Theft Crimes By Stephen Neyman , . P.C on October 19, 2011 3:38 PM Permalink According to a report in the Quincy Patriot Ledger Nicholas Chase of Rockland , Massachusetts went into a local Game Stop . Around noon last Friday Chase proceeded to convince the store employees that he intended to purchase a PlayStation3. He then asked the employee to get him something from another part of the store . When the employee complied with

  • Two Lawrence Massachusetts Men Arrested After Home Invasion Facing Arraignment For Several Felony Charges

    Updated: 2011-10-17 15:17:00
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Two Lawrence Massachusetts Men Arrested After Home Invasion Facing Arraignment For Several Felony Charges October 17, 2011 Posted In : Drug Crimes Sex Crimes Violent Crimes By Stephen Neyman , . P.C on October 17, 2011 9:17 AM Permalink Shortly after midnight two men from Lawrence , Massachusetts entered a Park Street home . There , they assaulted , beat and attempted to rob the occupants . The Lawrence Eagle Tribune report that the victim and his girlfriend were at home watching television when Javier Fernandez and Eduardo Amill broke . The assailants demanded drugs and money . According to the man the

  • Revere Massachusetts Man Indicted By Essex County Grand Jury For Uttering A False Prescription

    Updated: 2011-10-14 19:56:04
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Revere Massachusetts Man Indicted By Essex County Grand Jury For Uttering A False Prescription October 14, 2011 Posted In : Drug Crimes Theft Crimes By Stephen Neyman , . P.C on October 14, 2011 1:56 PM Permalink According to the Lynn Item back in August of this year Michael DeStasio of Revere , Massachusetts entered a CVS pharmacy in Beverly , Massachusetts He presented the pharmacist with a prescription for Percocet . The prescription was for an elderly woman . It was also a bad prescription . The police were called . They confronted DeStasio who claimed that he got the prescription from a man in a

  • The Bloody Vibrator Suit

    Updated: 2011-10-13 09:19:57
    The title says it all.  SF Weekly: A Northern California woman is suing Pipedream Products, which manufactures sex toys, claiming her experience with her dildo was anything but pleasurable. According to the claim filed in Yreka,  April Bonjour and her boyfriend were getting frisky and decided to bring out the dildo for some foreplay. But while [...]

  • Occupy Bay Street’s Open Letter to Toronto Police

    Updated: 2011-10-12 20:23:58
    Given the backdrop of the G20 in Toronto, this is worth sharing:   To Chief Bill Blair and the Toronto Police Service: In June, 2010 at the G20 summit Toronto saw the largest mass arrests in Canadian history. Complaints too numerous to mention were filed against police officers and many of the investigations and law [...]

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