• No SCOTUS Crim Action Today

    Updated: 2012-02-29 15:20:09
    HOME Main No SCOTUS Crim Action Today February 29, 2012 7:20 AM Posted by Kent Scheidegger 0 Comments The US Supreme Court announced only one opinion today , in a civil case . nbsp Still waiting on the very ripe cases of Martinez v . Ryan , on supposedly ineffective counsel on state collateral review , and the Cooper and Frye cases on challenges to effectiveness in earlier plea bargaining when the defendant is subsequently convicted in a fair trial or enters into a fully voluntary and knowing plea bargain . nbsp The oral argument today is a tax . case Update Well , not quite no action . nbsp After the above post was written , the Court posted three orders denying relief to Arizona murderer Robert Moormann . nbsp See here here and here The Ninth Circuit issued three opinions in this case

  • Dear Me, Don’t Go to Law School

    Updated: 2012-02-29 00:43:50
    Courtesy of University of Calgary.

  • Methuen Massachusetts Man Charged With Kidnapping Lawrence Woman

    Updated: 2012-02-28 23:14:04
    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 Methuen Massachusetts Man Charged With Kidnapping Lawrence Woman February 28, 2012 Posted In : Violent Crimes By Stephen Neyman , . P.C on February 28, 2012 6:14 PM Permalink Kenneth Tozier of Methuen , Massachusetts was charged with Kidnapping a thirty four year old Lawrence woman . The woman made a call to police on Sunday around 5:30. It is alleged that the man and woman who have a child together were arguing about their relationship . The victim's call alerted the police to the make of the car Tozier was driving as well as its location . The woman told the police that the couple had travelled from

  • News Scan

    Updated: 2012-02-28 19:26:15
    HOME Main News Scan February 28, 2012 11:26 AM Posted by CJLF Staff 0 Comments Increasing Number of Inmates With Dementia : Pam Belluck of The New York Times reports dementia in prison is on the rise , and many prisons are unprepared to handle the fast-growing population . While there is no exact count on cognitively impaired inmates , prisoners appear to be more prone to dementia than the general population because they often have more risk factors . New York has established a separate unit for cognitively impaired inmates who are cared for by professional caregivers , which comes with a high price tag . Other states , including Pennsylvania , are giving mental health workers special dementia training . Louisiana and California are taking a less expensive but riskier approach by training

  • Articling How To – Canadian Lawyer4Students

    Updated: 2012-02-28 05:11:04
    Articling How To - an article in Canadian Lawyer4Students discusses the ways students seeking articles can make themselves stand out from the crowd.

  • News Scan

    Updated: 2012-02-27 21:26:33
    HOME Main News Scan February 27, 2012 1:26 PM Posted by CJLF Staff 0 Comments Federal Inmates to be Allowed MP3 : Players Kevin Johnson of USA Today reports the U.S . Bureau of Prisons is unveiling a project that will allow many federal inmates to carry MP3 players with personalized music lists . The devices will be sold in prison commissaries , and the list of songs inmates can choose from will be monitored to exclude explicit tracks . Bureau spokeswoman Traci Billingsley says , The MP3 program is intended to help inmates deal with issues such as idleness , stress and boredom associated with incarceration . Iowa Senator Chuck Grassley says it is difficult to see how all of the necessary safeguards can be put into place to stop prisoners from using MP3 players as bargaining chips or other

  • Monday at SCOTUS

    Updated: 2012-02-27 15:43:47
    HOME Main News Scan Monday at SCOTUS February 27, 2012 7:43 AM Posted by Kent Scheidegger 0 Comments The US Supreme Court issued no opinions and took up no new cases today . nbsp The orders list is here The Court turned down the Larry Swearingen capital case from Texas . nbsp Howard Roden has this article in the Courier , the local paper for Montgomery County , Texas , on the ongoing forensic science disputes in that case . nbsp It is not surprising that the Court would pass on the thorny question of a freestanding claim of actual innocence in federal habeas corpus , a question it has ducked multiple times , when the facts are being actively litigated in state court . nbsp Indeed , I would be astonished if they took it . nbsp Even so , it was on SCOTUSblog's Petitions to Watch . list The

  • Just In: Why They Really Hate Us

    Updated: 2012-02-27 03:12:44

  • Hyannis Massachusetts Man, 23, Charged in Federal Court With Producing Child Pornography

    Updated: 2012-02-25 05:59:53
    , 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 Hyannis Massachusetts Man , 23, Charged in Federal Court With Producing Child Pornography February 25, 2012 Posted In : Child Pornography Sex Crimes By Stephen Neyman , . P.C on February 25, 2012 12:59 PM Permalink According to a report in the Barnstable Hyannis Patch , Kevin McNicol of Hyannis , Massachusetts has been charged in the Massachusetts Federal Court for Sexual Exploitation of a Child Authorities allege that McNicol had a minor engage in sexually explicit acts for the purpose of transmitting a video of that act . The crime occurred in April of 2004. McNicol's home was searched on May of

  • News Scan

    Updated: 2012-02-24 18:45:43
    HOME Main News Scan February 24, 2012 10:45 AM Posted by CJLF Staff 1 Comment California Requiring Judges to Report Sexual : Orientation Daniel Halper of The Weekly Standard reports the Administrative Office of the Courts announced in an internal memo sent to all California judges and justices it is requiring them to report their gender identification and sexual orientation , to make sure there is adequate diversity on the judicial bench . Romunda Price of the AOC wrote in an internal memo , Providing complete and accurate aggregate demographic data is crucial to garnering continuing legislative support for securing critically needed judgeships . Nebraska Death Row Inmate Granted : Stay Margery A . Beck of the Associated Press reports the Nebraska Supreme Court on Thursday put on hold the

  • Lawrence Massachusetts Woman Apprehended, Charged In Identity Fraud Scheme in Massachusetts Federal Court

    Updated: 2012-02-23 22:07:59
    , 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 Lawrence Massachusetts Woman Apprehended , Charged In Identity Fraud Scheme in Massachusetts Federal Court February 23, 2012 Posted In : Motor Vehicle Crimes Theft Crimes By Stephen Neyman , . P.C on February 23, 2012 5:07 PM Permalink Carmen Beltre of Lawrence , Massachusetts disappeared in mid January following the release of information that she was one of about fifty people being charged in a Federal Identity Fraud Scheme It is alleged that Beltre and others accessed and distributed false documents such as birth certificates and Social Security cards . Last summer Beltre was arrested on several

  • News Scan

    Updated: 2012-02-23 19:30:38
    HOME Main News Scan February 23, 2012 11:30 AM Posted by CJLF Staff 0 Comments Convicted Murderer Sends Federal Judge Threatening : Letter San Diego News 10 reports a convicted murderer , Eric Anthony Lopez , was found guilty of sending a threatening letter to U.S . District Court Judge Irma Gonzalez . In the letter , Lopez threatened to bring death' and eliminate' her by introducing her to Your Grim Reaper Old Bacill(u s Anthracis , aka Anthrax . Lopez faces a maximum sentence of ten years in prison on the threat conviction . Sentencing is set for May 14. California Can Force Felony Inmates to Submit DNA : Paul Elias of the San Francisco Chronicle reports the 9th U.S . Circuit Court of Appeals says California can continue to force all adults arrested for felonies to submit DNA samples .

  • News Scan

    Updated: 2012-02-22 19:25:31
    HOME Main News Scan February 22, 2012 11:25 AM Posted by CJLF Staff 1 Comment South Dakota Legislature Approves Limiting Appeals for Condemned : Inmates Tess Fitzgerald of the Associated Press reports the South Dakota House has approved a bill already passed in the state Senate aimed at preventing death row inmates from filing repeated appeals to delay their executions . Under the legislation , in most cases condemned inmates who lost their first appeal could only file one additional appeal . UK Court Approves Use of Facebook to Serve Legal : Claims Raphael Satter of the Associated Press reports a High Court judge in England approved the use of Facebook for serving legal claims in a case involving two investment managers who have accused a brokerage firm of overcharging them . Justice

  • Open Season on Californians' Cars

    Updated: 2012-02-22 19:08:39
    HOME Main News Scan Open Season on Californians' Cars February 22, 2012 11:08 AM Posted by Kent Scheidegger 1 Comment Gov . Jerry Brown's prison realignment program has effectively declared open season on the cars of law-abiding Californians . nbsp The criminals know very well that offenses classified as non-violent , non-serious , non-sex will draw minimal jail time , if any , making them effectively decriminalized , at least for the first . offense The latest example comes from Redding , at the north end of California's Central Valley . nbsp Colin Lygren reports for : KHSL A Redding man is back behind bars after being arrested twice in one day , for two separate crimes . Officers arrested Nolan Telles early yesterday morning for burglarizing a truck behind the Oxford Suites on Hilltop

  • Stolen Valor Act Argument Transcript

    Updated: 2012-02-22 18:40:10
    HOME Main Open Season on Californians' Cars Stolen Valor Act Argument Transcript February 22, 2012 10:40 AM Posted by Kent Scheidegger 1 Comment The transcript of oral argument in United States v . Alvarez is now available here Both sides received some intense questioning from some of the same . Justices Justice Kennedy does not buy the argument that lies are completely unprotected except for breathing space limitations . nbsp However , he seems inclined to uphold the act on narrower grounds , if he can find . some The defense side argument that medal frauds harm no one appears to be a nonstarter . nbsp Justice Sotomayor notes the outrage of legitimate medal winners . nbsp Justice Breyer notes that the Court upheld protection of the Olympic Committee's monopoly on the word Olympics , a

  • 6-3 Decisions in Criminal Cases

    Updated: 2012-02-22 17:30:28
    HOME Main 6-3 Decisions in Criminal Cases February 22, 2012 9:30 AM Posted by Kent Scheidegger 0 Comments Here is an interesting little tidbit for SCOTUS-watchers . nbsp The high court decided four criminal or crime-related cases this week . nbsp In all four , six Justices joined the majority opinion in full , ruling for the law enforcement side , and three Justices dissented all or in part . nbsp However , the lineup varied . nbsp Of the four Justices mostly dissenting in these cases , we see different ones joining the majority in individual . cases In all four cases , Chief Justice Roberts and Justices Scalia , Kennedy , Thomas , and Alito are in the majority . nbsp In all four , Justice Ginsburg dissents , at least in part . nbsp Then the vote : varies Howes v . Fields Justice Kagan

  • Search Warrants and Civil Liability

    Updated: 2012-02-22 15:19:19
    HOME Main 6-3 Decisions in Criminal Cases Search Warrants and Civil Liability February 22, 2012 7:19 AM Posted by Kent Scheidegger 1 Comment The US Supreme Court decided three cases today , one of which is a crime-related civil suit , Messerschmidt v . Millender This decision confirms that getting a search warrant provides a police officer with strong protection against civil liability if the search is later deemed unreasonable . nbsp The protection is not absolute . nbsp The Court has recognized an exception allowing suit when it is obvious that no reasonably competent officer would have concluded that a warrant should issue . Our precedents make clear , however , that the threshold for establishing this exception is a high one , and it should be . The decision is 6-1-2. Opinion of the

  • Facebook Involved in an Unusual Lawsuit between Uncle and Nephew

    Updated: 2012-02-22 00:21:28
    When frivolous suits are brought into court, it is a misuse of the judicial system and a waste of judicial resources.

  • §2254(d) and Multi-Element Claims

    Updated: 2012-02-21 21:43:06
    HOME Main 2254(d and Multi-Element Claims February 21, 2012 1:43 PM Posted by Kent Scheidegger 0 Comments A further note on Wetzel v . Lambert decided today by the US Supreme Court and noted earlier in this post The most controversial and bitterly resisted part of the Antiterrorism and Effective Death Penalty Act of 1996 is the prohibition against granting habeas relief on a claim denied on the merits in state court unless the adjudication of the claim-- 1 resulted in a decision that was contrary to , or involved an unreasonable application of , clearly established Federal law , as determined by the Supreme Court of the United States . How does this apply to precedents where the petitioner must establish more than one element clear more than one hurdle , you might say to prevail Two of the

  • What's the Excuse This Time?

    Updated: 2012-02-21 19:48:57
    HOME Main 2254(d and Multi-Element Claims What's the Excuse This Time February 21, 2012 11:48 AM Posted by Bill Otis 0 Comments Michigan does not have the death penalty . nbsp Time to get one I admit that it might be tiresome for me to continue posting about particular cases that cry out for capital punishment . nbsp But I do it for a reason : nbsp Our opponents are relentless in their campaign . nbsp They have a barrel full reasons to end the death penalty . nbsp It costs too much because they drive up its costs It takes too long because they spend years filing frivolous motions It provides no closure as if there could ever be closure It won't bring back the victim but incarceration will LWOP will do as well even though it doesn't We're executing the innocent actual proof optional If you

  • News Scan

    Updated: 2012-02-21 18:53:48
    HOME Main What's the Excuse This Time News Scan February 21, 2012 10:53 AM Posted by CJLF Staff 0 Comments Jail Violence Increases in Fresno : County Kurtis Alexander of The Fresno Bee reports according to Fresno County Jail records , during the first three months after the realignment legislation went into effect , an average of 63 violent incidents took place in each month . It's a 34 percent increase from the same period the previous year . Our inmates have more violent histories , Fresno County Sheriff Margaret Mims said . Before , they would have moved on to prison . Now they're staying here . Mims also said jail inmates , especially offenders awaiting sentencing , know there's a lesser chance of going to prison now , so they have a more reckless mindset . Assistant Sheriff Tom Gattie

  • Ron Paul’s Liberty

    Updated: 2012-02-21 17:11:53

  • Prison Inmates and Miranda

    Updated: 2012-02-21 16:09:41
    HOME Main What's the Excuse This Time Prison Inmates and Miranda February 21, 2012 8:09 AM Posted by Kent Scheidegger 0 Comments Speaking of AEDPA and circuits divisible by three today's US Supreme Court's decision in Howes v . Fields : begins The United States Court of Appeals for the Sixth Circuit held that our precedents clearly establish that a prisoner is in custody within the meaning of Miranda v . Arizona 384 U . S . 436 1966 if the prisoner is taken aside and questioned about events that occurred outside the prison walls . Our decisions , however , do not clearly establish such a rule , and therefore the Court of Appeals erred in holding that this rule provides a permissible basis for federal habeas relief under the relevant provision of the Antiterrorism and Effective Death

  • Law Student Meme

    Updated: 2012-02-20 20:52:17

  • Georgia Prison Guards Settle Lawsuit over Alleged Beatings for $93,000

    Updated: 2012-02-19 19:36:11
    Georgia prison guards accused of beating four inmates have agreed to pay $93,000 to settle a federal lawsuit over the allegations. The Chattanooga Times Free-Press reports: “We think this recognizes that there is a problem with excessive force at Hays State Prison,” said Atteeyah Hollie, an attorney for the Southern Center for Human Rights. The [...]

  • A Crisis AND A Trick

    Updated: 2012-02-19 06:43:08
    One of my Twitter followers pointed me to this documentary: It is quite nice, for a change, to listen to social scientists that are neither psychologists nor economists discuss the current crisis. And I would argue that only sociologists are properly equipped to discuss social movements as the one that have been taking emerging all [...]

  • Lawrence Massachusetts Man Subdued With Taser During Arrest for Cocaine and Heroin Distribution

    Updated: 2012-02-16 22:05:32
    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 Lawrence Massachusetts Man Subdued With Taser During Arrest for Cocaine and Heroin Distribution February 16, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on February 16, 2012 5:05 PM Permalink According to a report in the Lawrence Eagle Tribuen , Carlos Domitriz of Lawrence , Massachusetts was stopped for driving through a stop sign near Lowell and Morton Streets . The officer making the stop was familiar with Domitriz , having arrested him on occasions in the past . This officer saw Domitriz prior to driving through the stop sign and decided to follow him . Once he saw the Motor Vehicle

  • Will Whitney Houston’s Doctors Face the Same Fate as Conrad Murray?

    Updated: 2012-02-16 20:16:34
    With Whitney Houston’s very public struggles with drug addiction being public knowledge, do the doctors who prescribed her the drugs to which she was addicted bear any moral or legal responsibility for her death?

  • LawFacts: Online Legal Advice from Legal Aid Ontario

    Updated: 2012-02-16 00:17:58
    Legal Aid Ontario (LAO) recently launched a website entitled LawFacts which is designed to provide information about the criminal justice system to people in Ontario.

  • Music Break – Gotan Project

    Updated: 2012-02-15 00:51:06
    A really nice tune with a very interesting video, La Gloria, from their latest album, Tango 3.0 : GOTAN PROJECT – La Gloria from Ya Basta records on Vimeo.

  • Possession With the Intent to Distribute Less Than One Ounce of Marijuana Remains a Felony in Massachusetts

    Updated: 2012-02-14 19:33:55
    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 Possession With the Intent to Distribute Less Than One Ounce of Marijuana Remains a Felony in Massachusetts February 14, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on February 14, 2012 2:33 PM Permalink Yesterday , the Massachusetts Supreme Judicial Court rendered its decision in Commonwealth v Keefner , SJC 11019 The Court held that the Decriminalization of Marijuana in Massachusetts for quantities of one ounce or less does not extinguish the crime of Possession With Intent to Distribute Marijuana where the quantity is one ounce or less . The Court in Keefner found the following : facts In

  • Sociology Wins!

    Updated: 2012-02-14 01:20:27
    HA! This should warm our collective little sociologists’ hearts when some hotshot economist acknowledges that sociology it right (as opposed to, y’know…): “One more thought: The real winner in this controversy is the distinguished sociologist William Julius Wilson. Back in 1996, the same year Ms. Himmelfarb was lamenting our moral collapse, Mr. Wilson published “When [...]

  • Ontario Human Rights Review

    Updated: 2012-02-13 22:54:06
    The Ontario Human Rights Review is currently underway. You can attend one of the consultation meetings below, or send written submissions by March 1 to chair@ontariohumanrightsreview.org.   Windsor – February 13, 10:00 a.m. – 1:00 p.m. Hilton Windsor 277 Riverside Drive West, Windsor, Ontario Huron Room (519) 973-5555 London – February 14, 10:00 a.m. – [...]

  • Needham Massachusetts Man Charged With 5 Counts of Possession of Child Pornography After Co-Workers Find Images on Laptop

    Updated: 2012-02-12 19:32:37
    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 Needham Massachusetts Man Charged With 5 Counts of Possession of Child Pornography After Co-Workers Find Images on Laptop February 12, 2012 Posted In : Child Pornography Sex Crimes By Stephen Neyman , . P.C on February 12, 2012 2:32 PM Permalink Last Thursday , Keith Millan was charged with five counts of Possession of Child Pornography in the West Roxbury District Court According to a report on Boston.com , Millan was an employee at a local property management company . It is alleged that co-workers found Child Pornography on his laptop . Images were also found on some compact discs and an external

  • Pensacola and Florida Law Enforcement Need Warrant for GPS

    Updated: 2012-02-12 16:30:04
    Florida Criminal Law Blog Published by Florida Criminal Defense Attorney M . James Jenkins Home Website The Firm Contact Us Home searches based upon new technologies Pensacola and Florida Law Enforcement Need Warrant for GPS Posted On : February 12, 2012 by Jim Jenkins Pensacola and Florida Law Enforcement Need Warrant for GPS In January 2012, the United States Supreme Court issued a ruling in United States v . Jones that the police must obtain a warrant before attaching a GPS device to a person's car . The Court's ruling , which applies to Florida , Pensacola and every state and municipality in the USA holds that a Global Positioning System can only be placed on a suspect's car to later establish probable cause and thus sufficient grounds to obtain a search warrant for a suspect's car or

  • Woburn Massachusetts Man, 20, Charged With Child Enticement, Posing Child in a State of Nudity in Woburn Court

    Updated: 2012-02-10 20:10:13
    , , 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 Woburn Massachusetts Man , 20, Charged With Child Enticement , Posing Child in a State of Nudity in Woburn Court February 10, 2012 Posted In : Sex Crimes By Stephen Neyman , . P.C on February 10, 2012 3:10 PM Permalink Two days ago Raymond McAllister of Woburn , Massachusetts was charged with several Massachusetts Sex Crimes The crimes alleged include Enticement of a Child Posing or Exhibiting a Child in a State of Nudity and Dissemination of Matter Harmful to a Child It is alleged that had a Skype video connection with a thirteen year old boy from Arizona . The defendant asked the boy to engage in

  • Memo to 9/11 Truthers: The Courts Are Not A Megaphone

    Updated: 2012-02-09 18:28:44
    You shouldn’t use the court system to advance whatever pet conspiracy theory you’re currently harboring.

  • Massachusetts Appeals Court Reverses Conviction for Larceny, Malicious Destruction of Property, Breaking and Entering for Insufficient Evidence

    Updated: 2012-02-09 05:29:35
    , , 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 Massachusetts Appeals Court Reverses Conviction for Larceny , Malicious Destruction of Property , Breaking and Entering for Insufficient Evidence February 9, 2012 Posted In : Theft Crimes Violent Crimes By Stephen Neyman , . P.C on February 9, 2012 12:29 PM Permalink Two days ago the Massachusetts Appeals Court handed down its decision in Commonwealth v Renaud , 11-P-382. The facts in Renaud are as follows : There was a breaking and entering in Falmouth , Massachusetts . No one was home . Television sets and a DVD player were stolen . The police arrived to investigate and found an electronic bank

  • Facing Huge Cuts, Legal Aid Is Going to Change

    Updated: 2012-02-07 21:38:13
    A 14% reduction in an organization’s budget is certainly significant, but it’s probably not catastrophic. However, most of the legal aid groups that rely on these funds already operate on a shoestring budget.

  • "The Law and Economics of Fluctuating Criminal Tendencies"

    Updated: 2012-02-07 13:39:23
    Recently posted to SSRN: "The Law and Economics of Fluctuating Criminal Tendencies" FSU College of Law, Public Law Research Paper FSU College of Law, Law, Business & Economics Paper MURAT CAN MUNGAN, Florida State University - College of Law Law...

  • Keep it in Perspective

    Updated: 2012-02-04 19:04:23

  • Massachusetts Legislature Moving to Ban Synthetic Drug "Bath Salts" as Usage is on the Rise

    Updated: 2012-02-03 05:11:02
    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 Legislature Moving to Ban Synthetic Drug Bath Salts as Usage is on the Rise February 3, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on February 3, 2012 12:11 PM Permalink According to an article in the Brockton Enterprise Senator John Keenan from Quincy has authored legislation that would ban bath salts in Massachusetts . The Massachusetts Senate agreed upon the bill yesterday . If enacted , the law would make it illegal for stores to sell what is now an over-the-counter substance sold for purportedly lawful purposes . Bath salts contain methylenedixoypyrovalerone , a stimulant

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