• Massachusetts Man Arrested for Carjacking Had Seven Warrants in Two Massachusetts Courts

    Updated: 2012-10-31 18:35:38
    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 Arrested for Carjacking Had Seven Warrants in Two Massachusetts Courts October 31, 2012 Posted In : Carjacking Violent Crimes By Stephen Neyman , . P.C on October 31, 2012 1:35 PM Permalink A twenty year old man claiming to be homeless was arrested yesterday after a routine Motor Vehicle stop . According to the Wayland Patch , on officer conducted a stop on Route 20 and recognized the passenger as someone pictured in a Wanted Poster The man was sought for an alleged Carjacking having occurred last Wednesday . Apparently , on October 24, 2012 Wayland , Massachusetts police received a

  • The Smell Test

    Updated: 2012-10-31 17:55:21
    HOME Main The Smell Test October 31, 2012 10:55 AM Posted by Kent Scheidegger 0 Comments The dog days are usually in August , but Halloween was dog day in the US Supreme Court , as the high court heard two Florida cases on the use of drug-sniffing dogs . nbsp Transcripts are now available in Florida v . Jardines and Florida v . Harris Orin Kerr gives his assessment at . VC Based on the arguments , my guess is that the state will win one and lose one . The Court will probably agree that the Fourth Amendment was violated in Jardines in which the officer brought the dog to the front door and the dog sniffed for drugs . On the other hand , the Court will probably rule that the Fourth Amendment was not violated in Harris because the training the dog received was . sufficient In recent years ,

  • The Death Penalty, Confined to the South

    Updated: 2012-10-31 15:03:37
    , HOME Main The Smell Test The Death Penalty , Confined to the South October 31, 2012 8:03 AM Posted by Bill Otis 0 Comments South Dakota , that is , the state's second this month . I'll leave it to abolitionists to show us how South Dakota got to be part of the retrograde Old Confederacy . While they're doing that , I'll post some of the details of the : murder A South Dakota inmate was executed Tuesday night for the 1990 rape and murder of a 9-year-old girl who disappeared after leaving her home to buy sugar at a nearby store so she could make . lemonade Can't have those 9-year-old's making lemonade Becky's mother , Tina Curl , has been steadfast in her wish to watch Moeller die , even raising funds to cover the expenses to make the 1,400-mile trip from her home in New York state to

  • 3 Govs. Against Prop 34

    Updated: 2012-10-31 00:30:12
    . HOME Main 3 Govs . Against Prop 34 October 30, 2012 5:30 PM Posted by Kent Scheidegger 0 Comments Not exactly three amigos but AP reports Three former California governors are urging voters to reject a ballot proposal next week that would abolish the state's death . penalty Democrat Gray Davis and Republicans Pete Wilson and George Deukmejian joined murder victims' families in Los Angeles Tuesday to warn that Proposition 34 would erase history and potentially free imprisoned . killers There are more than 700 inmates on California's death . row Davis calls the proposal on the Nov . 6 ballot a horrible injustice that would reopen old wounds for victims' . families The report notes the other side's : argument The American Civil Liberties Union and other supporters say 4 billion has been

  • Why the Death Penalty Is Important

    Updated: 2012-10-30 23:33:07
    HOME Main 3 Govs . Against Prop 34 Why the Death Penalty Is Important October 30, 2012 4:33 PM Posted by Bill Otis 3 Comments Earlier today , Kent explained why California's vote on Prop 34 will reverberate outside the state's . borders I want to expand on that very . briefly Over the years , I have found that many abolitionists genuinely do not understand the motivation of retentionists . Cries of blood lust are not always borne of bad will or the instinct to go ad hominem although that happens quite a bit Those on our side should try to understand that appeals to the dignity and value of human life , and fears about the prospect of executing an innocent person , are genuine in the hearts of those who do not agree with us . Any person of normal morality must take seriously the

  • Prop 34 and the Rest of the Country

    Updated: 2012-10-30 20:57:03
    HOME Main News Scan Prop 34 and the Rest of the Country October 30, 2012 1:57 PM Posted by Kent Scheidegger 0 Comments Lately I have been blogging a lot on Proposition 34, so I thought I would put up a quick note on why this is not just a California issue . nbsp Supporters of justice elsewhere in the country should also be very . concerned This is the Battle of the Bulge . nbsp Nationwide , we had been making progress toward an effective death penalty over the years . nbsp We won in the Supreme Court with Teague v . Lane McCleskey v . Zant and Coleman v . Thompson We won in Congress with the enactment of AEDPA . nbsp Then we went back to the court to implement that act with a series of decisions from Felker v . Turpin to Williams v . Taylor to Cullen v . Pinholster The other side has had

  • Drug Sniffing Dogs Go To The Supreme Court

    Updated: 2012-10-30 18:41:21
    It’s important to note that the use of drug sniffing dogs is not considered a home search while the use of thermal devices is.

  • Prop 34 Support Surging or Dropping?

    Updated: 2012-10-30 17:25:03
    HOME Main Prop 34 and the Rest of the Country Prop 34 Support Surging or Dropping October 30, 2012 10:25 AM Posted by Kent Scheidegger 0 Comments Ah , the strange world of political . polling On Friday , the USC Dornsife LA Times Poll showed the race for Proposition 34 California's death penalty repeal initiative to be quite close , as noted in this post The change was so dramatic from the previous LAT poll that the Times headline said support for the initiative surges . It wasn't that dramatic a change from the polls as a whole , though , as the Field Poll was similarly close , and the Business Roundtable Pepperdine Poll showed just a 5 lead for the no . side Well , the final installment of the Business Roundtable Pepperdine Poll is out today , and it actually shows not a surge but a

  • News Scan

    Updated: 2012-10-29 23:00:00
    HOME Main News Scan October 29, 2012 4:00 PM Posted by CJLF Staff 0 Comments Tweets Forecast Hurricane Sandy Looting Wave : Paul Joseph Watson of Info Wars reports the New York National Guard will place 1,175 troops in Long Island in response to mass amounts of tweets asking others to join Twitter users in looting once hurricane Sandy hits . Similar looting waves also took place after hurricanes Katrina and Irene . Widespread looting is anticipated to take place during . Sandy CA Man Charged in Triple : Murder The Daily Mail Reporter headlines Grigoriy Bukhantsov was formally charged with three counts of first-degree murder in the killings of his brother's wife and two young children Friday in Sacramento . Bukhantsov's sister-in-law and her 2-year-old son were found with stab wounds to the

  • Sampling Bias

    Updated: 2012-10-29 22:53:40
    HOME Main News Scan Sampling Bias October 29, 2012 3:53 PM Posted by Kent Scheidegger 1 Comment Anyone teaching a course in study methodology need a pristine example of sampling bias Just look at the op-ed by former correctional officer Marshall Thompson , noted in the prior post on the weekend Prop 34 . op-eds I helped put four men to death at San Quentin . I've known hundreds of others on death row . Not a single one of them thought he'd get . caught Well , of course not . nbsp By definition , the ones on death row are the ones who were not deterred . nbsp The potential killers who were deterred did not commit the crimes and are not on death row . nbsp They are not in prison at all , unless for some other . crime Isn't that perfectly obvious Will anyone fall for such a patently invalid

  • Crime Rate Conflict

    Updated: 2012-10-29 22:10:22
    The FBI has released its Uniform Crime Reports statistics for 2011. As expected from the preliminary data, this report shows crime rates down. The National Crime Victimization Survey shows an increase in the same period. Some possible reasons for the divergence of the two crime measures were discussed in the prior post.

  • Covington & Burling Law Firm Gets Disqualified For Violating Duty To 3M

    Updated: 2012-10-29 21:27:23
    The court held Covington exhibited a conscious disregard for its duties of confidentiality, candor, full disclosure, and loyalty to 3M by failing to raise its conflicts stemming from its previous representation.

  • Prop 34 Op-Eds

    Updated: 2012-10-29 21:03:09
    HOME Main Crime Rate Conflict Prop 34 Op-Eds October 29, 2012 2:03 PM Posted by Kent Scheidegger 1 Comment The Los Angeles Daily News has pro and con op-eds on Prop 34. Former state finance director Michael Genest who , unlike Alarcon and Mitchell , actually has expertise in government finance : writes Having served for 30 years in various fiscal and budget-related jobs , I am familiar with how ballot initiatives affect the state budget , including their effects on taxpayers and on funding for public services . Based on my review of the ballot language and the corresponding study put forward by its proponents , I believe the claims that Proposition 34 will save money for taxpayers and schools are exaggerated , misleading and irrelevant . James Ardaiz has this op-ed in the Sunday LA Times

  • Padilla Retro Argument Reset for Thursday

    Updated: 2012-10-29 17:02:22
    Oral argument in Chaidez v. United States, on the retroactivity of Padilla v. Kentucky, had been scheduled for tomorrow. However, the argument has been reset for an unusual Thursday session due to the impending landfall of Hurricane Sandy.The Court's press release is here. CJLF's brief in the case is here.

  • Cal. Prison Chief Departing

    Updated: 2012-10-27 00:20:25
    . HOME Main Cal . Prison Chief Departing October 26, 2012 5:20 PM Posted by Kent Scheidegger 0 Comments AP reports California's corrections secretary is resigning next month after overseeing a historic shift in the state's criminal justice system that is sending thousands of lower-level criminals to county jails instead of state . prisons Matthew Cate announced Friday that he will become executive director of the California State Association of Counties . The organization represents the 58 counties before the state and federal governments . Now that's ironic . nbsp First he oversees the state government program dumping the problem on the counties , and now he will be the spokesman for the counties saying to the state , Hey , you dumped the problem on us and didn't give us the resources to

  • News Scan

    Updated: 2012-10-26 21:00:00
    HOME Main Cal . Prison Chief Departing News Scan October 26, 2012 2:00 PM Posted by CJLF Staff 0 Comments CA Jail Overcrowding , Short Sentences Leads to Ankle Monitor : Removal A KGET 17 Special Report headlines in Kern County some offenders being monitored by ankle bracelets are cutting them off knowing there will be little if any repercussion as a result of AB 109. The maximum sentence for removing an ankle monitor since realignment began is six months in a county jail prior it was one year in state prison . The Kern County Sheriff's Department said the county jail is so overcrowded most sentenced serve 25 30 percent of their sentence . About 20 percent transferred from state prison under AB 109 about 20 percent are repeat offenders that have violated their probation two or more times .

  • Friday legal news roundup

    Updated: 2012-10-26 18:29:09
    Here are a some interesting legal stories from this week in case you missed them.

  • Four Massachusetts Men Charged With Rape of College Student Held on $10,000 Bail

    Updated: 2012-10-24 19:21:18
    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 Massachusetts Men Charged With Rape of College Student Held on 10,000 Bail October 24, 2012 Posted In : Sex Crimes By Stephen Neyman , . P.C on October 24, 2012 1:21 PM Permalink According to a report on Boston.com , four Massachusetts men have been charged with Rape following an incident alleged to have occurred at a Massachusetts college on October 13, 2012. Prosecutors claim that on the date of the incident the defendants texted the victim indicating a desire to go to her dormitory . She responded that she did not want them to visit . They ended up travelling to the school and were able to enter

  • Arrest Warrant Issues For Salisbury, Massachusetts Man, Array of Violent Crimes Complaints to Issue in Newburyport

    Updated: 2012-10-22 22:26:57
    , , 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 Arrest Warrant Issues For Salisbury , Massachusetts Man , Array of Violent Crimes Complaints to Issue in Newburyport October 22, 2012 Posted In : Violent Crimes By Stephen Neyman , . P.C on October 22, 2012 4:26 PM Permalink According to a report in the Lawrence Eagle Tribune Michael O'Connor of Salisbury , Massachusetts broke into his former girlfriend's home this past Sunday . He allegedly attacked her and injured someone else who was present at the time . The injured party did not seek medical attention . The twenty four year old suspect is going to be charged with Domestic Assault and Battery

  • The Visual Du Jour – It’s A Dudes’ World

    Updated: 2012-10-22 18:23:36
    Which is why I never really got into the whole thing (and the whole fantasy genre in general):

  • Maryland Legal Aid Bureau hosts Pro Bono Days

    Updated: 2012-10-19 18:00:43
    The Maryland Legal Aid Bureau is sponsoring two Pro Bono Days - free legal clinics - this month.

  • New York Doctor Accused of Medicaid Fraud Claims Her Split Personality Did It

    Updated: 2012-10-18 19:13:42
    The problem is that in terms criminal court defenses, multiple personality disorders doesn’t have a great track record when it comes to acquittals.

  • Law School Husslin – Part 3

    Updated: 2012-10-18 16:47:39
    Mike Lickver makes my alma matter proud.

  • Brockton Massachusetts Woman Charged With Stabbing Using Self-Defense Claim

    Updated: 2012-10-17 14:24:25
    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 Brockton Massachusetts Woman Charged With Stabbing Using Self-Defense Claim October 17, 2012 Posted In : Violent Crimes By Stephen Neyman , . P.C on October 17, 2012 8:24 AM Permalink The Brockton Enterprise reports that Nichole Powell , a thirty seven year old Brockton , Massachusetts woman is claiming that she acted in self-defense in relation to a stabbing incident alleged to have recently occurred . Powell has been charged with Assault and Battery by Means of a Dangerous Weapon The alleged victim in this case is the defendant's former roommate . Powell claims that the woman along with nine other

  • Kentucky Judge Roasts Lawyer in Court – And on Tape

    Updated: 2012-10-12 15:27:10
    Background via ABA Journal.

  • Peabody Massachusetts Weighing Possibility of New Sex Offender Law

    Updated: 2012-10-11 06:46:26
    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 Peabody Massachusetts Weighing Possibility of New Sex Offender Law October 11, 2012 Posted In : Sex Crimes By Stephen Neyman , . P.C on October 11, 2012 12:46 PM Permalink According to a report in Today's Peabody , Massachusetts Patch , the mayor of the Essex County city is promoting the passage of a law limiting the location where convicted sex offenders can appear . The proposal targets child sex offenders . If passed the law would be the first of its kind in Massachusetts . In a nutshell , here is how the law would : work 1. There would be the creation of child safety zones The areas covered would be

  • Two Massachusetts Teenagers Charged With Car Theft, Another Facing Charges After Stolen Car is Crashed in Framingham

    Updated: 2012-10-10 00:07:54
    , 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 Two Massachusetts Teenagers Charged With Car Theft , Another Facing Charges After Stolen Car is Crashed in Framingham October 9, 2012 Posted In : Theft Crimes By Stephen Neyman , . P.C on October 9, 2012 6:07 PM Permalink Framingham , Massachusetts police responded to a call on Route 9 early yesterday morning after a security guard at a local apartment complex heard a car crash . When officers arrived they found seventeen year old Jefferson Deandre behind the wheel of a stolen Camry . Another unnamed passenger was observed in the back seat suffering from what have been described as serious injuries .

  • East Bridgewater Woman Facing Massachusetts Firearm Charges, Assault and Battery Following Shooting Incident at her Brother's Home

    Updated: 2012-10-08 19:20:38
    , 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 East Bridgewater Woman Facing Massachusetts Firearm Charges , Assault and Battery Following Shooting Incident at her Brother's Home October 8, 2012 Posted In : Drug Crimes Violent Crimes By Stephen Neyman , . P.C on October 8, 2012 1:20 PM Permalink Three days ago East Bridgewater , Massachusetts police responded to a call for a woman acting out of control The woman , thirty one year old Kerrilee Zimmerman apparently went to her brother's home , accessed a locked firearm in the house and started shooting . Several bullets went through a wall and hit a neighbor's house . The suspect's brother who

  • Computer Crimes: Peer to Peer (P2P) Programs: Criminal Liability Lurks

    Updated: 2012-10-07 20:53:10
    : : Florida Criminal Law Blog Published by Florida Criminal Defense Attorney M . James Jenkins Home Website The Firm Contact Us Home Computer Crimes : Peer to Peer P2P Programs : Criminal Liability Lurks Posted On : October 7, 2012 by Jim Jenkins Computer Crimes : Peer to Peer P2P Programs : Criminal Liability Lurks This article is primarily about the peer to peer P2P viewing of child pornography over the internet . In today’s computer age child pornography prosecutions at both the State , including Florida , and Federal level have exploded in large part because of P2P downloading and uploading . It is quite possible for someone to sit in their living room and out of simple human curiosity look at photographs that if detected by law enforcement would result in them being imprisoned for

  • Jon Stewart on Strip Searches

    Updated: 2012-10-07 17:08:13
    Here’s what Jon Stewart had to say about the Supreme Court of the United States decision in Florence v. Board of Chosen Freeholders of County of Burlington et al.

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