Crime and Punishment

How Hot is Your Pursuit? Courts Revisit Reasonable Searches

Updated: 2012-12-31 19:25:00

Skip to content Law Blog Subscribe Find a Lawyer Home Find a Lawyer About How Hot is Your Pursuit Courts Revisit Reasonable Searches Published by Jason Cheung on December 31, 2012 in Court and Criminal Law 0 Comments Tags : crime drug dealer evidence hollis king hot pursuit kentucky police search supreme court warrant Tweet At the end of each year , it’s a good idea to look back and reflect on one’s decisions . For the United States Supreme Court though , it just means more petitions to look over . One petition , however , might give the justices a chance to reevaluate one of their previous . decisions In 2011, police in Kentucky pursued a drug dealer into an apartment complex . Although the police lost sight of the fugitive , they did smell marijuana from one of the apartments . The

And While We’re On The Subject of The Power Elite…

Updated: 2012-12-31 16:46:39

This: Social capital, strength of weak ties and all that stuff.

Let's Have the "Adam Lanza Memorial Elementary School"

Updated: 2012-12-31 16:23:59

You probably think no one would be crazy or perverse enough to name a school after a murderer, right? ertainly not after the massacre of 20 children at their school became one of the biggest, and most horrible, stories of 2012, right?But that would only be because you haven't wised up to the imperatives of Entitlement Culture Grievance Mongering. California school has, indeed, been duly named for a murderer and outlaw. his is because he was, dontcha know, "the inspiration for Zorro."Think I'm making this up? et your lesson in the new reality here.

Lake Superior State Unicorn Hunting Regulations

Updated: 2012-12-31 15:21:58

Lake Superior State University apparently has a sense of humour. On the school’s website you can find an interesting regulation relating to an endangered species on campus: Unicorn Hunting Regulations The following regulations will be enforced by the Wildebeastle (Mythical) Division of the Department of Natural Unicorns of the Unicorn Hunters of Lake Superior [...]

Let’s Have A Natural Experiment Then

Updated: 2012-12-31 06:05:28

I see a few people have gotten upset over the publication of gun ownership data in this newspaper. I don’t see what the upset is all about. After all, this is the age of big data. There are data about us all over the place, about our cars, insurance, salary, etc. So, why not guns? [...]

Subway Suspect's Past

Updated: 2012-12-31 05:40:36

HOME Main Subway Suspect's Past December 30, 2012 9:40 PM Posted by Kent Scheidegger 0 Comments Pervaiz Shallwani reports in the : WSJ Long before Erika Menendez was accused of pushing a Queens man to his death on the subway tracks , her mother had called police at least five times over the past seven years to report erratic , sometimes violent behavior related to her daughter's mental health , a law-enforcement official . said Over the past 12 years , New York City police have records of 14 encounters with Ms . Menendez , 31 years old , including nine arrests separate from the calls for help from her mother , the official said . Two of the arrests--both in 2003--resulted in assault charges on accusations of attacking men , the official said , adding that she pleaded guilty but received no

How Not To Respond to the Newtown Massacre a/k/a Why the Public Hates Lawyers

Updated: 2012-12-30 00:20:16

HOME Main How Not To Respond to the Newtown Massacre a k a Why the Public Hates Lawyers December 29, 2012 4:20 PM Posted by Bill Otis 2 Comments There have been many suggested responses to the Newtown massacre . Generally , they involve more stringent gun control , improving our ability to commit mentally unstable people and posting armed guards or police at schools . All merit discussion , although I have no great faith that , in anything resembling a free country and probably not a dictatorship either any of them will work . The occasional triumph of evil in this world is a part of life we are required to . accept There is one suggested response , however , that merits no discussion but ridicule . Thus I bring you this headline from the Associated Press : Connecticut Attorney asks to sue

Should We Criminally Punish Non-Violent, Regulatory Offenses?

Updated: 2012-12-29 04:30:40

, HOME Main Should We Criminally Punish Non-Violent , Regulatory Offenses December 28, 2012 8:30 PM Posted by Bill Otis 0 Comments Both liberals and libertarians have unending heartburn about imposing criminal punishment for non-violent , regulatory offenses . One particular provision that gives them fits is the federal false statements statute , 18 USC 1001, which makes it a felony for a person to make a false or deceptive statement to any department or agency of the United States in any matter within the agency's . jurisdiction Having some libertarian sympathies , I can understand , at least , the misgivings about criminalizing such statements . I am not alone in this . The most prominent example of judicial willingness effectively to circumvent the false statements statute lay in many

Gallup Poll on Gun Control

Updated: 2012-12-28 23:04:55

HOME Main Gallup Poll on Gun Control December 28, 2012 3:04 PM Posted by Kent Scheidegger 0 Comments Lydia Saad of Gallup reports on a post-Sandy Hook poll . nbsp The most striking result is the question on banning handguns , which Americans now oppose by a whopping 74-24. Asked if laws governing sales should be made more strict , less strict , or kept the same , 58 said more , 34 same , and 6 less . nbsp When asked if they prefer stricter enforcement of current laws or passing new laws , respondents were almost equally . divided Gallup gets a round of raspberries for this confusing question : nbsp Are you for or against a law which would make it illegal to manufacture , sell , or possess semi-automatic guns known as assault rifles A great many people do not know that so-called assault

News Scan

Updated: 2012-12-28 22:00:00

HOME Main Gallup Poll on Gun Control News Scan December 28, 2012 2:00 PM Posted by CJLF Staff 0 Comments National Prison Population Declined in : 2011 Statisticians E . Ann Carson and William J . Sabol of the Bureau of Justice Statistics report prison populations in 26 states declined in 2011. The largest decline of 15,493 inmates occurred in California due to Governor Jerry Brown's Public Safety Realignment AB109 The policy accounted for 72 percent of the national prison population decline of 21,614. This decline , offset by 6,591 new prisons entering the system , resulted in 15,023 fewer prisoners incarcerated in the U.S . in 2011 overall . In Florida , Michigan , New Jersey , New York , and Texas , the prison populations declined by about 1,000 convicts last . year Oakland Officials

Senate Passes FISA Renewal 73-23

Updated: 2012-12-28 17:24:16

HOME Main News Scan Senate Passes FISA Renewal 73-23 December 28, 2012 9:24 AM Posted by Kent Scheidegger 0 Comments Ellen Nakashima reports in the : WaPo Congress approved a measure Friday that would renew expansive U.S . surveillance authority for five more years , rejecting objections from senators who are concerned the legislation does not adequately protect Americans' . privacy The bill passed the Senate 73 to 23. The House approved it in September and President Obama is expected to sign it before the current authority expires on . Monday The lopsided Senate vote authorized a continuation of the government's ability to eavesdrop on communications involving foreign citizens inside the United States without obtaining a specific warrant for each case . The surveillance has been credited

News Scan

Updated: 2012-12-27 23:00:00

HOME Main News Scan December 27, 2012 3:00 PM Posted by CJLF Staff 0 Comments NY Ex-Con Sets House Ablaze , Shoots Firefighters : The Associated Press reports ex-convict William Spengler set his home on fire then shot two responding firefights to death in New York on Monday . One of the victims was a police lieutenant and volunteer firefighter . Police believe the charred remains found in the home is Spengler's sister . He had been convicted of killing his grandmother with a hammer in 1980. After serving 17 years , he was released and was not to possess weapons . Despite this , Spengler used an assault rifle to murder two firefighters before killing himself on a nearby beach , where his body was found . He also non-fatally shot two more responding firefighters . He left behind a suicide

Federal Review of State DNA Testing Decision

Updated: 2012-12-27 19:00:44

HOME Main News Scan Federal Review of State DNA Testing Decision December 27, 2012 11:00 AM Posted by Kent Scheidegger 0 Comments Kevin Cooper is on death row in California , convicted of four murders and one attempted murder . nbsp Three of the victims , including the survivor , were children . nbsp Cooper has sought and obtained post-conviction DNA testing of evidence in the case , which further confirmed his guilt . See prior posts here and here He continues to demand further . testing California has a statute on DNA testing , Penal Code 1405. The state court found Cooper did not qualify , finding among other things that the tests Cooper wants would not be any better than the ones already done . nbsp Instead of seeking review up the appellate chain , Cooper ran over to federal court and

Taiwan harvests organs from executed death row inmate

Updated: 2012-12-27 18:00:35

We have noted controversies over harvesting organs from executed inmates in posts last year (here and here). Taiwan has actually done this, Agence France-Presse reports, so apparently the practical problems are manageable.

Criminal Lecturing

Updated: 2012-12-26 17:12:31

HOME Main Criminal Lecturing December 26, 2012 9:12 AM Posted by Kent Scheidegger 0 Comments Can it be a crime to give a lecture Has the FDA enforced the FDCA that way Harvey Silverglate has this op-ed in the : WSJ Peter Gleason was a psychiatrist who devoted much of his professional life to caring for what government officials call underserved populations . He would have been thrilled to learn that on Dec . 3 in New York , a three-judge panel of the U.S . Court of Appeals for the Second Circuit issued a ringing opinion that vindicated the conduct for which he was indicted and arrested in 2006. Unfortunately , Gleason did not live to see this welcome reversal of the federal government's crusade against him and the promotion of Xyrem--a drug widely used by physicians , including Gleason ,

Merry Christmas To All

Updated: 2012-12-25 18:31:38

We will take a break from our usual topics today and wish all our readers a merry Christmas and a happy and prosperous new year.

Defendant Appointed 3 Different Lawyers, Stabs Each in Court

Updated: 2012-12-21 23:31:50

, Skip to content Law Blog Subscribe Find a Lawyer Home Find a Lawyer About Defendant Appointed 3 Different Lawyers , Stabs Each in Court Published by Jason Cheung on December 21, 2012 in Court and Criminal Law 0 Comments Tags : attorney Court criminal defendant judge kurtz lawyer monson pen pencil stab stabbing trial Tweet Many people undervalue the Sixth Amendment , the right to an attorney until they’re arrested and accused of a crime . One man , however , does not seem to appreciate the work his attorneys did on his behalf . On January 2 nd 2012, Joshua Monson killed Brian Jones over a sale of methamphetamine . Monson was subsequently arrested and charged with possession of methamphetamine and second degree murder Attorney Tom Cox was assigned to represent Monson before Judge David

News Scan

Updated: 2012-12-21 22:00:00

HOME Main News Scan December 21, 2012 2:00 PM Posted by CJLF Staff 1 Comment TX Killer Set for Execution , : Again Renée C . Lee of the Houston Chronicle reports Texas death row inmate Larry Swearingen is set to be executed February 27, 2012. Swearingen was convicted in 2000 of the December 8, 1998 kidnapping , sexual assault , and strangulation of a 19-year-old girl . Her body was dumped in a forest and found on January 2, 1999. A reprieve from the state appeals court was issued before he was to be executed on August 18, 2011. This is the fourth execution date set for Swearingen in the last five . years US Marshals Capture One of 15 Most Wanted in FL : The U.S . Marshals Service reports Felipe Torrealba , one of the agency's 15 Most Wanted , was captured Thursday in Florida . Torrealba

Massachusetts Man Facing Attempted Murder Charges in Westborough District Court May Have Been Acting in Self-Defense

Updated: 2012-12-19 20:16:10

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 Facing Attempted Murder Charges in Westborough District Court May Have Been Acting in Self-Defense December 19, 2012 Posted In : Violent Crimes By Stephen Neyman , . P.C on December 19, 2012 3:16 PM Permalink According to a report in the Metrowest Daily News , Donald Williams , a fifty six year old Massachusetts man is being charged with Attempted Murder It is alleged that late last week police were called to a Worcester County address where they encountered Williams in the garage . Williams told the officers that the victim had attacked him with a baseball bat . In response , Williams

Judge Stops Facebook Users From Tracking Pedophiles

Updated: 2012-12-17 22:38:55

Skip to content Law Blog Subscribe Find a Lawyer Home Find a Lawyer About Judge Stops Facebook Users From Tracking Pedophiles Published by Jason Cheung on December 17, 2012 in Court and Intellectual Property 0 Comments Tags : child children Court crimes facebook judge keeping our kids safe law mccloskey pedophile registries registry sex sex offender XY Tweet Parents are rightfully worried about protecting their children from online sex predators . The anonymity of the internet allows pedophiles to prey on unsuspecting children while the children surf around on Facebook or other social media websites . A case from Belfast , Ireland though could turn this entire equation upside down when parents begin using Facebook to track . pedophiles Facebook allows its users to set up pages tailored to

The Visual Du Jour – Tons of Zombies!

Updated: 2012-12-16 00:07:55

This is awesome. I have yet to watch Season 3, which I am saving for a long transatlantic flight, but I love this graphic representation of killing in the Walking Dead.

Happy 5th Blogiversary

Updated: 2012-12-15 06:22:33

To this humble single-authored blog, with a friggin’ Doctor Who cake:

What are your top stories of 2012?

Updated: 2012-12-14 20:00:40

Each December, The Daily Record runs a list of the year’s top stories. This year, want to hear from you.

Four Men Charged With Trafficking Oxycontin In Quincy Massachusetts After Being Searched on Suspicion of Breaking and Entering

Updated: 2012-12-14 14:29:34

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 Men Charged With Trafficking Oxycontin In Quincy Massachusetts After Being Searched on Suspicion of Breaking and Entering December 14, 2012 Posted In : Drug Crimes Trafficking OxyContins By Stephen Neyman , . P.C on December 14, 2012 9:29 AM Permalink According to a report in the Quincy Patriot Ledger a Quincy , Massachusetts police officer saw what he determined to be suspicious behavior at 2:30 in the afternoon in a residential neighborhood . The newspaper report says that the officer believed that two men sitting in a parked car were acting suspicious The men were identified as Raul Fontana of

Methuen, Massachusetts Man Facing Charges of Leaving the Scene of an Accident With Personal Injury After Striking 70 Year Old Woman With His Car

Updated: 2012-12-13 19:02:32

, 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 Methuen , Massachusetts Man Facing Charges of Leaving the Scene of an Accident With Personal Injury After Striking 70 Year Old Woman With His Car December 13, 2012 Posted In : Motor Vehicle Crimes By Stephen Neyman , . P.C on December 13, 2012 2:02 PM Permalink Just after 5:30 p.m . yesterday , Methuen , Massachusetts resident John Sullivan was driving on Pelham Street when he heard a noise . He thought he hit a deer . Not too long thereafter Sullivan noticed damage appearing to be more extensive than he first thought . He became concerned that he might have hit a person so in less than one half hour

Torry and Weiss on Medication Noncompliance and Criminal Responsibility

Updated: 2012-12-12 22:43:01

Recent posted to SSRN: "Medication Noncompliance and Criminal Responsibility: Is the Insanity Defense Legitimate?" Journal of Psychiatry & Law, Vol 40, Summer 2012 ZACHARY TORRY, Independent KENNETH J. WEISS, University of Pennsylvania Noncompliance with medication therapy and mental health care...

Massachusetts Man Arraigned in Newburyport on Charges of Possession of Child Pornography, Unlawfully Videotaping People in the Nude

Updated: 2012-12-12 22:41:37

, 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 Massachusetts Man Arraigned in Newburyport on Charges of Possession of Child Pornography , Unlawfully Videotaping People in the Nude December 12, 2012 Posted In : Child Pornography Sex Crimes By Stephen Neyman , . P.C on December 12, 2012 5:41 PM Permalink David Anderson of Salisbury , Massachusetts has been charged with Possession of Child Pornography and Unlawfully Videotaping Persons in the nude . According to a report in the Lawrence Eagle Tribune Anderson's former wife found nude video pictures of unsuspecting young female relatives . The girls were between the ages of ten and thirteen . She

Law blog roundup

Updated: 2012-12-10 13:54:06

Welcome to Monday and the morning after a crushing Ravens defeat. Here are some news items to start the recovery.

Lawrence Massachusetts Man, 30, Facing Clerks' Hearing For Animal Cruelty Charges

Updated: 2012-12-05 18:35:36

, 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 , 30, Facing Clerks' Hearing For Animal Cruelty Charges December 5, 2012 Posted In : By Stephen Neyman , . P.C on December 5, 2012 1:35 PM Permalink Last week an animal control officer in Lawrence , Massachusetts responded to a call reporting that a kitten was dying at a local rooming house . The officer learned from another tenant that the accused , Edwin Hernandez might have thrown the animal at a wall after it supposedly scratched him . The witness also reported seeing Hernandez hit the kitten several times in the head . The animal control officer reported that the

Massachusetts Couple Arrested After Road Rage Incident, Charged With Assault and Battery In Newburyport District Court

Updated: 2012-12-04 20:27:10

, 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 Couple Arrested After Road Rage Incident , Charged With Assault and Battery In Newburyport District Court December 4, 2012 Posted In : Violent Crimes By Stephen Neyman , . P.C on December 4, 2012 3:27 PM Permalink William Kotowski and his wife Joanna were driving home in separate cars after meeting for dinner late last week . Another car being driven by an unnamed individual was being operated in an aggressive manner , one that appeared threatening to the Kotowski's . That man pulled off of the road to enter and establishment . William Kotowski followed the man into the parking lot .