tag:blogger.com,1999:blog-57118632735449894702011-09-01T08:35:07.967-04:00A short description can go here in this spaceMoritz Webmasternoreply@blogger.comBlogger2561100tag:blogger.com,1999:blog-5711863273544989470.post-84242175675043359642010-02-16T10:15:00.017-05:002010-04-06T16:43:08.029-04:00

Jocelyn Kelly graduated from Moritz in 2008 and currently works in the Trial Practice and Corporate Criminal Investigations groups at Jones Day's Cleveland office. Her work in these groups focuses on corporate internal investigations and the defense of government investigations.She wrote an article about the often overlooked field of white collar criminal defense practice because "federal, state,

Matthew Leboldhttp://www.blogger.com/profile/09715771968103525483noreply@blogger.com1tag:blogger.com,1999:blog-5711863273544989470.post-23695903629669956282009-09-04T12:34:00.063-04:002010-02-18T12:58:54.295-05:00

The CaseOn August 19, 1989, while he was working as an off-duty security guard at a Savannah, GA Burger King, Officer Mark MacPhail attempted to break up a fight between a neighborhood thug, Sylvester "Redd" Coles, and a homeless man. As he responded to calls for police assistance, he was shot twice and died on the scene. Troy Davis admitted to being a bystander to the fight, and subsequent

Matthew Leboldhttp://www.blogger.com/profile/09715771968103525483noreply@blogger.com2tag:blogger.com,1999:blog-5711863273544989470.post-54197724477381746422009-08-02T18:56:00.014-04:002010-02-16T10:16:26.882-05:00

While we work on creating a new format for the site, we are pleased to bring you our next topic of discussion for the Practitioner's Commentary. The economics of the death penalty is a subject of much discussion in the criminal law community these days. The debate surrounding the current system of capital punishment in our country is multi-faceted. While the economic efficiency of this system

Matthew Leboldhttp://www.blogger.com/profile/09715771968103525483noreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-2883488915524527582009-05-30T21:41:00.000-04:002009-05-30T21:43:32.489-04:00

OSJCL Amici is excited to present “Doctrinal Deliberation,” a new section of the site intended to provide informative, dynamic and entertaining discussion of specific criminal law doctrines. Inspired by our most recent publication, “Post-conviction Problems with Ohio Appellate Rule 26(B)” by Julianne Claydon, “Doctrinal Deliberation” seeks to provide a unique venue for practitioners,

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-27592422030014377362009-05-15T23:59:00.000-04:002009-04-27T09:31:26.850-04:00

The Ohio State Journal of Criminal Law is very pleased to introduce OSJCL Amici: Views from the Field, a first-of-its-kind, online resource for timely and critical commentaries on the cutting edge of criminal law. Our hope in creating this resource is to help bridge the divide between the academy and the practicing community by creating a venue for leading practitioners to engage with academics,

Patrick Godfreynoreply@blogger.com1tag:blogger.com,1999:blog-5711863273544989470.post-84690143245891697832009-05-15T10:58:00.000-04:002009-03-10T12:48:24.419-04:00

New crimes have been popping up across America in recent years. Do prosecutors welcome these additions and extra charges or do the new crimes plague the daily life of a criminal attorney? If criminal prosecutors do not support adding criminal offenses to the law, who initiates new regulations and sustains them throughout the legislative process? Kyle Graham, a Deputy District Attorney in Mono

Patrick Godfreynoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-31678370765458256972009-05-15T10:55:00.002-04:002009-05-12T16:46:08.321-04:00

Why Prosecutors Hate New CrimesKyle GrahamDeputy District Attorney, Mono County, CaliforniaProsecutors hate new crimes. This may come as a surprise to those who believe that prosecutors and legislators have entered into an unholy alliance to expand the scope of state and federal criminal liability in perpetuity. But it is true. With rare exceptions, new crimes are unwelcome complications to a

Patrick Godfreynoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-17397204321338172512009-05-12T16:28:00.007-04:002009-05-12T16:44:17.519-04:00

Post conviction Problems with Ohio Appellate Rule 26(B)Julianne ClaydonAttorney at Law, LLCABSTRACT Rule 26(B) of the Ohio Rules of Appellate Procedure provides the procedural means for a criminal defendant to raise the issue of ineffective assistance of appellate counsel. The rule obliges a criminal defendant to file an “Application for Reopening” in the Court of Appeals, a collateral

Patrick Godfreynoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-65851054617419641642009-04-02T10:37:00.001-04:002009-04-02T10:37:52.115-04:00

New York Gov. David Paterson and legislative leaders have agreed to ease drug laws that were once among the harshest in the nation and led a movement more than 30 years ago toward mandatory prison terms.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-11977013470165124842009-04-02T10:36:00.002-04:002009-04-02T10:37:19.561-04:00

Police said a customer fired one or two shots into a Salt Lake City McDonald's after the driver of the car he was in was told the restaurant was not serving lunch yet.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-22278526688926376392009-04-02T10:36:00.001-04:002009-04-02T10:36:47.567-04:00

A Las Vegas physician was sentenced to nearly four years in prison and his wife to 2 1/2 years for treating patients with a Botox knockoff at their cosmetic clinic.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-66792345104022618662009-04-02T10:35:00.000-04:002009-04-02T10:36:11.561-04:00

Authorities in Ohio say a man has been charged with drunken driving after crashing his motorized bar stool.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-64295960441093582592009-04-02T10:34:00.001-04:002009-04-02T10:35:37.163-04:00

Connecticut police say thieves, who broke into Montano Cigarettes, Candy & Tobacco Inc., stole some 15,000 cartons of cigarettes worth $1 million.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-22002869661137885192009-04-02T10:33:00.002-04:002009-04-02T10:34:23.503-04:00

An Internal Revenue Service agent who audits taxpayers in California has agreed to plead guilty to cheating on his own taxes.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-70174458407661918152009-04-02T10:33:00.001-04:002009-04-02T10:33:50.043-04:00

Three members of a banned fraternity at the State University of New York at Geneseo were charged with criminally negligent homicide for organizing a wild night of drinking that left a college sophomore dead of alcohol poisoning.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-71830734279373348392009-04-02T10:31:00.002-04:002009-04-02T10:32:08.573-04:00

The Israeli Army says 1,166 people were killed, of which about a quarter were noncombatants, during the 22-day war in Gaza. The Israeli advocate general has decided to close an investigation into allegations of abuses by soldiers during the recent campaign in Gaza after the military police found that “the crucial components of their descriptions were based on hearsay and not supported by

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-5600928035067274452009-04-02T10:31:00.001-04:002009-04-02T10:31:34.291-04:00

As a first step into ascertaining the legal accountability of top Bush Administration officials, A Spanish court has opened a criminal investigation into allegations of international law violations. The 6 Bush administration officials are accused of providing the legal framework that permitted torture and mistreatment of prisoners in the campaign against terrorism. Defenders of the officials

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-53940063891562650972009-04-02T10:30:00.000-04:002009-04-02T10:31:03.988-04:00

Hundreds of millions of dollars in aid initiated by President George W. Bush and expanded in recent days by President Obama are being spent to counter the drug war in Mexico. The drug cartels have on their side the presence of the untold number of politicians, judges, prison guards and police officers that have joined the cartels, as well as billions of dollars more than the Mexican government

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-63807557193299850592009-04-02T10:29:00.001-04:002009-04-20T04:26:16.594-04:00

Houston Texans running back Ryan Moats accepts the apology offered by a Dallas police officer who stopped him for running a red light in order to get to the hospital where his mother-in-law was dying inside. Officer Powell wrote Moats a ticket and lectured him; Moats' mother-in-law died before he got there. Officer Powell said he didn't know why he didn't allow Moats to go into the hospital

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-81317267186607611932009-04-02T10:28:00.002-04:002009-04-02T10:29:40.610-04:00

Two young women who work for the Ohio Attorney General’s office have accused the state's top lawyer and members of the Attorney General's administration of creating an environment of foul language, sexual come-ons, heavy drinking and intimidation. Some of the e-mails between Attorney General Marc Dann and his scheduler can be found at the link to this story, including the "State of Ohio, Office

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-53265413440681135542009-04-02T10:28:00.001-04:002009-04-02T10:28:52.961-04:00

The Khmer Rouge swept to power in 1975, and killed at least 1.7 million people in the next four years. Pol Pot and his followers sought to purge the country of city dwellers, the rich, the religious, the educated, anyone from a different ethnic group. The vision was a return to a nation of noble peasant farmers. Duch is now standing trial, facing charges that include crimes against humanity,

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-23484059679455172182009-04-02T10:27:00.001-04:002009-04-20T04:26:00.637-04:00

A prison inmate scheduled for execution on April 7, 2009 wants time to gather evidence he says will prove his innocence. He also wants time to demonstrate that Ohio's method of lethal injection is unconstitutional. The prosecutor at his trial says that the inmate has not offered enough evidence to warrant delaying his execution.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-63706435353452311922009-04-02T10:26:00.000-04:002009-04-02T10:27:32.066-04:00

After three decades in prison and being described as model prisoners, the Manson family members are continually denied parole. The followers of Charles Manson went on a killing spree in Los Angeles, California, slaying a pregnant actress Sharon Tate and six others in a two-night rampage in August 1969. Of the Manson family, Susan Atkins is terminally ill and Charles "Tex" Watson is an ordained

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-24723850430498883782009-03-18T20:18:00.000-04:002009-03-18T20:19:39.618-04:00

Upcoming argument to be heard on March 23, 2009. Issue: Under the Double Jeopardy Clause, may the government retry defendants who were acquitted of some charges on factually related counts on which the jury failed to reach a verdict? Background: F. Scott Yeager was prosecuted on multiple counts of insider trading, money laundering, conspiracy, securities fraud, and wire fraud. The jury

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-19455120037349919492009-03-18T20:17:00.000-04:002009-03-18T20:18:08.864-04:00

Oral Argument heard on March 4, 2009. Issue: When a defendant accidentally discharges a firearm during a crime of violence or drug trafficking, is it still subject to a ten-year sentencing enhancement under 18 U.S.C. § 924(c)(1)(A)(iii)? Background: On November 10, 2004, Christopher Michael Dean robbed a bank while carrying a pistol. While Dean was behind the counter, quickly grabbing money from

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-34782899629888637542009-03-18T20:16:00.000-04:002009-03-18T20:17:23.063-04:00

Oral Argument heard on March 4, 2009. Issue: When a person uses a cell phone to buy drugs for personal use, which is a misdemeanor, can he also be charged with the separate crime of using a phone to facilitate the sale of drugs, which is a felony? Background: On several occasions, Salman Khade Abuelhawa called a drug dealer to purchase a gram of cocaine. Federal agents intercepted these phone

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-78824717416166939882009-03-18T20:15:00.000-04:002009-03-18T20:16:34.252-04:00

Oral Argument heard on March 2, 2009. Issue: Does the Due Process Clause give a defendant the right to access a state’s biological evidence after he has been convicted? Background: In 1994, William Osborne was convicted of assault and rape. While he did not match the victim’s description of the perpetrator, he was convicted because his DNA matched the DNA found in the condom that was used in

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-53151270136351649452009-03-18T20:14:00.002-04:002009-03-18T20:15:43.657-04:00

Oral Argument heard on February 25, 2009. Issue: Can a defendant be convicted of “aggravated identity theft” under 18 U.S.C. § 1028(a)(1) when he used a false means of identification without knowing it belonged to another person? Background: In 2000, Ignacio Flores-Figueroa, a Mexican citizen, used a fake social security number and resident alien card to work at a steel company in Illinois.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-16924948573076939282009-03-18T20:14:00.001-04:002009-03-18T20:14:41.858-04:00

Oral Argument heard on February 23, 2009. Issue: Does a criminal defendant’s conviction need be automatically reversed when the court erroneously denied his preemptory challenge, which resulted in a challenged juror being seated? Background: Michael Rivera was charged with two counts of first degree murder and sentenced to 85 years of incarceration. At the defendant’s trial, he raised a

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-23377129220676699672009-03-18T20:13:00.001-04:002009-03-18T20:13:48.075-04:00

Slip Opinion: Issued on March 9, 2009. Background: Brillon was charged with aggravated assault and he already had three prior felony convictions, so he was facing a life sentence. While he was awaiting trial, his public defender made several continuance motions and the case was delayed for various reasons. The case had been delayed for three years when it was finally brought to trial. Holding:

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-85415747988861174482009-03-18T20:11:00.001-04:002009-03-18T20:13:02.923-04:00

Slip Opinion: Issued on February 24, 2009. Background: The defendant, Randy Hayes, was indicted for violating 18 U.S.C. §922(g)(9), which prohibits anyone convicted of a “misdemeanor crime of domestic violence” from possessing a firearm. In 1994, Hayes had been convicted of a misdemeanor crime of domestic violence in West Virginia, but he argued that this did not qualify as a “misdemeanor crime

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-82735085217486784102009-03-16T16:38:00.002-04:002009-04-20T04:27:19.343-04:00

The attorney for alleged al-Qaida sleeper agent Ali al-Marri said Tuesday he hopes what his client endured for five years will never again be repeated in the United States. Al-Marri was turned over to civilian authorities earlier in the day, after being held in a nearby Navy brig as an enemy combatant without charge for more than five years.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-63845377381603703452009-03-16T16:37:00.004-04:002009-04-20T04:30:37.156-04:00

A judge has moved the East Texas trial of two white men accused in the death of a black man who was run over and dragged by a pickup truck. The case was set to be tried in Paris, a town with a history of tense race relations. Judge Scott McDowell ruled Thursday that defendants Shannon Finley and Charles Crostley will be tried separately in Sulphur Springs in Hopkins County. That's about 40

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-24440218004323892612009-03-16T16:37:00.003-04:002009-04-20T04:27:36.193-04:00

A hearing is set in Virginia on whether Michael Vick should be brought from a Kansas prison to testify in his bankruptcy case. Federal authorities have objected to U.S. Bankruptcy Judge Frank Santoro's demand that the suspended NFL star testify in person at his Chapter 11 confirmation hearing early next month. The U.S. attorney's office in Alexandria says it would be burdensome and expensive

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-88636297063581927612009-03-16T16:36:00.001-04:002009-04-20T04:30:18.055-04:00

The Department of Justice is reviewing procedures and tactics used by a Southern California police department's officers involved in use-of-force incidents. The probe follows four recent police shootings that outraged many in the Los Angeles County city of about 110,000.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-5903175338300076262009-03-16T16:35:00.001-04:002009-04-20T04:29:38.913-04:00

A retired Pennsylvania Superior Court judge is appealing his conviction on charges of falsely collecting $440,000 from insurance companies. Michael Joyce was sentenced Tuesday to three years and 10 months in federal prison. He was convicted in November of two counts of mail fraud and six counts of money laundering. Prosecutors say the suburban Erie man exaggerated neck and back injuries from an

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-46532511221836666272009-03-16T16:34:00.000-04:002009-03-16T16:35:29.077-04:00

Commenting on recently released reports on incarceration, Boston Globe columnist, Derrick Jackson, challenged the Obama administration in tackling the United States' prison problems – particularly the disparity rates caused by harsh drug laws. Jackson writes: “The big question is whether the Obama administration can rebalance the scales at home, where the corrosive underbelly of injustice is

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-57068012795016595612009-03-16T16:33:00.001-04:002009-03-16T16:34:41.947-04:00

In a retrospective of crack cocaine sentencing over the past two decades, the San Francisco Chronicle published a feature article about the individuals affected by harsh sentencing laws nationally. Reporting on policymakers' haste in creating crack sentences which targeted black communities, the article states: “Cracking down on kingpins was the idea all along. But Congress got it wrong in every

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-10242828448120017292009-03-16T16:31:00.000-04:002009-03-16T16:32:59.898-04:00

After 35 years of filling the state's prisons with drug offenders who needed treatment and disproportionately punishing poor and minority offenders, New York is on the verge of dismantling its infamous Rockefeller drug laws,” states a New York Times editorial on a recent Assembly vote to restore judicial discretion and curtail mandatory sentencing for many nonviolent, low-level drug crimes. “Once

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-69892006393762918652009-03-16T16:30:00.000-04:002009-03-16T16:31:43.488-04:00

A Pennsylvania man said his state’s courts had no jurisdiction over him because he was his own country. A judge would not allow the DUI case to proceed until the man received a mental exam.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-15518881203070006582009-03-16T16:29:00.002-04:002009-03-16T16:30:08.774-04:00

A Los Angeles city councilman has announced a $50,000 reward for help solving the 30-year-old slaying of a gym manager believed to be the inspiration of a "Rocky" movie character.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-17905592177946360402009-03-16T16:29:00.001-04:002009-03-16T16:29:40.583-04:00

FBI agents arrested two men following a search of the DC technology chief’s office. They were the offices of Vivek Kundra—President Obama’s choice to oversee government technology. Kundra was not a focus of the raid.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-87389318758880031352009-03-16T16:28:00.002-04:002009-03-16T16:29:12.167-04:00

A 21-year-old Coloradoan was cited for criminal mischief after crashing his truck into a high school football stadium’s bleachers.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-15435758525125933552009-03-16T16:28:00.001-04:002009-03-16T16:28:37.257-04:00

Red light cameras are spreading to communities throughout the United States. Nevertheless, questions grow concerning their effectiveness and legality.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-87046440419179029802009-03-16T16:27:00.001-04:002009-03-16T16:27:55.264-04:00

A Washington man was arrested for placing a dummy in his car in order to use that state’s high-occupancy-vehicle lanes.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-24210220535879426072009-03-16T16:26:00.000-04:002009-03-16T16:27:05.149-04:00

A suburban Seattle man—a Romanian national—pled guilty to accepting stolen goods. The exceptional part of this case: the stolen good was Adolf Hitler’s bookmark given to him by his mistress, Eva Braun.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-60578440798972538572009-03-09T21:02:00.001-04:002009-03-09T21:02:37.685-04:00

A UK resident detained at Guantanamo Bay has released alleged MI5 memos which he claims show British government collusion in his interrogation. Ethiopian-born Binyam Mohamed, 30, claims MI5 agents fed his US captors specific questions which led to him falsely confessing to terrorist activities. In response to allegations of mistreatment and torture, an allegation of possible criminal

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-66958760308519485872009-03-09T21:01:00.001-04:002009-03-09T21:01:54.074-04:00

Two former New York Police Department detectives were sentenced to life in prison without parole Friday for operating as Mafia hit men while employed by the NYPD. According to prosecutors, the detectives were paid $4,000 a month by the Mafia and were personally paid $65,000 by Luchese crime family underboss Anthony "Gaspipe" Casso for killing another mobster during a phony traffic stop.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-45183411086096534932009-03-09T21:00:00.000-04:002009-03-09T21:01:11.223-04:00

A plea proceeding is scheduled Thursday in U.S. District Court in Manhattan for Bernard L. Madoff to plead guilty to defrauding thousands of investors out of billions of dollars in what is widely believed to be the biggest investment fraud in history. Madoff's attorneys confirmed that Madoff is waiving his right to a grand jury indictment and that there have been ongoing negotiations regarding a

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-44567670277690462732009-03-09T20:58:00.002-04:002009-04-20T04:30:04.938-04:00

Judges at the International Criminal Court ordered the arrest on Wednesday of President Omar Hassan al-Bashir of Sudan, charging him with war crimes and crimes against humanity for a concerted government campaign against civilians in the Darfur region. Sudan has vowed to defy the court.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-57621827461964479302009-03-09T20:57:00.000-04:002009-03-09T20:58:14.701-04:00

After serving 25 years for a crime that he did not commit, Joseph R. Fears, Jr. is getting a second chance at life outside the prison. Two tickets to the Arnold Sports Festival were waiting for Fears yesterday, but he will have to wait a few more days to enjoy his weekends and, more important, his freedom. Fears, 61, was convicted in 1984 of two Columbus rapes but was proved innocent by DNA

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-1726395453398445252009-03-09T20:56:00.005-04:002009-04-20T05:00:32.127-04:00

Twenty-year-old Timothy Gutierrez of Cortez appeared in federal court in Durango, Colorado, after turning himself in, and is charged with sending threatening e-mails to the FBI in Washington, D.C. Prosecutors say the first e-mail threatened President Obama, and the second warned of explosives at the Mall of America. Gutierrez has said the threats were a prank.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-44748838933265145772009-03-09T20:56:00.004-04:002009-04-20T04:27:55.716-04:00

A waiting list grows for criminals to serve time, brought on by overcrowding at a county jail and fewer remaining deputies. Judges are instead using alternative methods, such as electronic home monitoring. However, even this is a limited alternative. Municipal Judge Brad Greenberg says he had to send a convicted drunken driver home Friday without punishing him for a probation violation because

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-16735219171913030972009-03-09T20:55:00.001-04:002009-03-09T20:55:56.110-04:00

Over the past three decades, the nation's prison population has exploded from 307,000 to 1.6 million. With so many states facing major budget crises, our failed policy of "mass incarceration" is moving in favor of systematic and adequately funded re-entry efforts. The Second Chance Act, signed last year by then President Bush, was a welcome acknowledgment that the country needs to get better at

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-25899825977641772012009-02-23T17:22:00.001-05:002009-02-23T17:22:41.578-05:00

The argument will be heard on March 4, 2009. Issue: When a defendant accidentally discharges a firearm during a crime of violence or drug trafficking, is it still subject to a ten-year sentencing enhancement under 18 U.S.C. § 924(c)(1)(A)(iii)? Background: On November 10, 2004, Christopher Michael Dean robbed a bank while carrying a pistol. While Dean was behind the counter, quickly grabbing

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-84852870190543410452009-02-23T17:21:00.000-05:002009-02-23T17:22:05.113-05:00

The argument will be heard on March 4, 2009. Issue: When a person uses a cell phone to buy drugs for personal use, which is a misdemeanor, can he also be charged with the separate crime of using a phone to facilitate the sale of drugs, which is a felony? Background: On several occasions, Salman Khade Abuelhawa called a drug dealer to purchase a gram of cocaine. Federal agents intercepted these

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-30056802214354748122009-02-23T17:20:00.001-05:002009-02-23T17:21:22.540-05:00

The argument will be heard on March 2, 2009. Issue: Does the Due Process Clause give a defendant the right to access a state’s biological evidence after he has been convicted? Background: In 1994, William Osborne was convicted of assault and rape. While he did not match the victim’s description of the perpetrator, he was convicted because his DNA matched the DNA found in the condom that was

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-5398373939551071132009-02-23T17:20:00.000-05:002009-02-23T17:21:12.397-05:00

The argument will be heard on March 2, 2009. Issue: Does the Due Process Clause give a defendant the right to access a state’s biological evidence after he has been convicted? Background: In 1994, William Osborne was convicted of assault and rape. While he did not match the victim’s description of the perpetrator, he was convicted because his DNA matched the DNA found in the condom that was

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-43466809772894558472009-02-23T17:19:00.000-05:002009-02-23T17:20:24.374-05:00

The argument will be heard on February 25, 2009. Issue: Can a defendant be convicted of “aggravated identity theft” under 18 U.S.C. § 1028(a)(1) when he used a false means of identification without knowing it belonged to another person? Background: In 2000, Ignacio Flores-Figueroa, a Mexican citizen, used a fake social security number and resident alien card to work at a steel company in Illinois

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-23329996318141394202009-02-23T17:18:00.000-05:002009-02-23T17:19:25.051-05:00

The argument will be heard on February 23, 2009. Issue: Does a criminal defendant’s conviction need be automatically reversed when the court erroneously denied his preemptory challenge, which resulted in a challenged juror being seated? Background: Michael Rivera was charged with two counts of first degree murder and sentenced to 85 years of incarceration. At the defendant’s trial, he raised a

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-85524861844156598192009-02-23T17:17:00.000-05:002009-02-23T17:18:37.643-05:00

Argument granted on January 26, 2009. Issue: Does Edwards v. Arizona, which bars police from initiating questioning with criminal suspects who have invoked their right to counsel, apply to an interrogation that takes place three years after the suspect has made his request? In 2003, Michael Shatzer allegedly sexually abused his three-year-old son. When police tried to question Shatzer - who was

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-5477695978945970092009-02-23T17:13:00.003-05:002009-02-23T17:17:26.663-05:00

Argument granted on January 26, 2009Issue: Whether, on federal habeas review, the evidence underlying the defendant’s conviction for sexual assault was clearly insufficient under Jackson v. Virginia. Background: Fourteen years ago, Troy Brown was convicted of sexual assault. DNA evidence was the primary evidence in the case. The District Court reversed his conviction, finding that the DNA

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-18143270634898548132009-02-16T15:45:00.001-05:002009-04-20T04:23:53.946-04:00

A former hospital worker systematically shot and killed four people in upstate New York on Saturday, authorities in two counties said. Suspect went door-to-door in search of victims' residence, authorities say Christopher Glatz, 45, and wife Kim, 38, were shot "execution-style" in home. The couple's teenage children at suburban Rochester home but were not injured.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-8739920601389967262009-02-16T15:44:00.002-05:002009-02-16T15:45:29.564-05:00

No one convicted of a crime in Alaska has ever been able to get a DNA test after trial, according to a brief filed by Mr. Osborne’s lawyers, and no state law says that prisoners must be given them. Next month, the United States Supreme Court will hear Alaska prosecutors argue that Mr. Osborne got a fair trial and does not have a constitutional right to such tests. The City of New York filed a

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-18712012649433055912009-02-16T15:44:00.001-05:002009-02-16T15:44:51.404-05:00

Del. Onzlee Ware sponsored a bill to help restore voting rights to nonviolent felons. Without hearing out its sponsor, a House of Delegates committee voted down a proposed constitutional amendment that would allow the General Assembly to pass a law restoring the voting rights of individuals with non-violent felony offenses who have completed their sentences.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-56312295217723982902009-02-16T15:43:00.002-05:002009-02-16T15:44:13.432-05:00

State law finally would have a definitive list of 70 felonies that disqualify from voting people convicted of the crimes, if a bill cleared by a legislative panel becomes law. Alabama's constitution disqualifies from voting anyone convicted of a "felony involving moral turpitude." But state law has no comprehensive list of those felonies. A bill sponsored by state Rep. Jimmy Martin, D-Clanton,

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-50450615223846994602009-02-16T15:43:00.001-05:002009-02-16T15:43:39.347-05:00

An autopsy is expected to determine what caused a man to die after being pepper-sprayed and shocked with a Taser gun by Los Angeles County Sheriff's deputies. The man "advanced on the deputies in a threatening manner," prompting them to use pepper spray and at least one Taser stun gun on him, Spencer said. After the man was handcuffed, deputies realized he wasn't breathing. They began CPR and

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-18611124449572024042009-02-16T15:42:00.001-05:002009-02-16T15:42:45.364-05:00

Illinois Republican leaders on Sunday called for a perjury investigation of Sen. Roland Burris, questioning whether he "purposely deceived the public" last month by failing to tell state lawmakers that then-Gov. Rod Blagojevich's brother solicited him for campaign cash. Burris says he mentioned open Senate seat as reason he couldn't contribute. Burris didn't mention conversation to state House

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-58468833360395788512009-02-16T15:41:00.001-05:002009-04-20T04:32:07.978-04:00

Federal judges tentatively ruled on Monday that California must reduce the number of inmates in its overcrowded prison system by up to 40 percent to stop a constitutional violation of prisoners' rights. Gov. Arnold Schwarzenegger immediately promised to appeal the case. Those who would be released would be very low risk, says head of Prison Law Office.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-46207083638556675492009-02-16T15:39:00.000-05:002009-02-16T15:41:34.576-05:00

A man who stabbed his mother to death while on crack cocaine binge was spared lethal injection after Ohio’s governor commuted his sentence to life in prison. Family recommended commutation because they suffered enough. He will be sentenced to 25 years to life in prison, but could be released.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-72071585691106278052009-02-16T15:34:00.002-05:002009-04-20T04:32:44.109-04:00

A recent survey indicates that identify theft continues to rise in the United States, but quick action by victims is helping to limit the loss.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-77601278543849212922009-02-16T15:33:00.001-05:002009-04-20T04:33:09.145-04:00

An Ohio high school student was charged with using his high school’s purchasing number to order $37,000 in candy.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-37587984026469829172009-02-16T15:32:00.004-05:002009-04-20T04:34:09.815-04:00

The presence of a 13th juror during deliberations causes a Texas mistrial.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-5705230179643449802009-02-16T15:32:00.003-05:002009-04-20T04:33:39.638-04:00

Two Pennsylvania judges are accused of receiving millions of dollars in kickbacks for convicting juvenile defendants and sending them to two privately run juvenile detention centers.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-88342450671163205472009-02-16T15:31:00.001-05:002009-04-20T04:28:35.816-04:00

Houston Astros’ star Miguel Tejada is due in Washington Federal Court to face perjury charges for allegedly lying to Congress about steroid use.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-2616867807561409602009-02-16T15:30:00.001-05:002009-04-20T04:29:02.353-04:00

A Montana woman is heading to prison for 4 years after being convicted of stealing a missing South Carolina woman’s identity and using it to help her attend Columbia University.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-18184483495410134002009-02-16T15:29:00.001-05:002009-04-20T04:29:21.730-04:00

A 35-year-old Ohio teacher was arrested for misdemeanor prostitution and felony unauthorized use of property. The prostitute and teacher sometimes would skip class and use school computers to facilitate her “side” job.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-40234687199130826182009-02-16T15:28:00.001-05:002009-04-20T04:31:18.899-04:00

Authorities in South Carolina are arresting and questioning individuals in possession of marijuana in order to attempt to build a case against Olympic star Michael Phelps.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-8067385616442921992009-02-10T20:54:00.000-05:002009-02-10T20:55:25.528-05:00

There may be new information on the 1982 Tylenol-related deaths that led to the introduction of the now-standard tamperproof packaging. Federal agents searched the home of James W. Lewis, who is linked to the fatal poisonings and the FBI in Chicago said authorities are reviewing evidence in the deaths, citing “advances in forensic technology.” Lewis served more than 12 years in prison for

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-80978496631908431992009-02-10T20:53:00.000-05:002009-02-10T20:54:34.148-05:00

As part of Gov. Strickland’s budget plan, prisoners will be able to earn credits to reduce their jail sentence, thereby reducing the prison population. The prison population is currently 32 percent over designed capacity. Rather than awarding credit for trouble-free behavior as under the old plan, the new plan would subtract seven days a month from the sentences of inmates who are actively

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-27350085735630117452009-02-10T20:52:00.000-05:002009-02-10T20:53:32.695-05:00

More women are robbing banks, and unlike their male counterparts who favor using weapons, women have been using notes. According to a witness statement, Jessica D. McNeil, who faces bank robbery charges in Long Island, N.Y., placed a note on the teller's counter that read, "I have a gun. I will shoot you. Give me all your money. Put in bag." Police say that the motivation to hold up banks is

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-73932915720160367842009-02-10T20:51:00.002-05:002009-02-10T20:52:29.111-05:00

Five South Philadelphia second-graders were caught with heroin. Police are still investigating how the seven- and eight-year-olds got the drug.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-81129945153659041592009-02-10T20:51:00.001-05:002009-02-10T20:51:41.615-05:00

America's outgoing CIA Director, Michael Hayden, says violence in Mexico will pose the second greatest threat to U.S. security next year, right after Al Qaeda. Focused on the drugs and migrants who flow into the U.S., the flow of weapons into Mexico is often overshadowed. Moreover, border control is much weaker going south than going north. In an unsuccessful cartel rescue attempt, Mexican

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-44963259972413454582009-02-10T20:50:00.000-05:002009-02-10T20:51:06.811-05:00

A federal judge unsealed hundreds of pages of court documents to reveal positive drug tests linked to Barry Bonds. In the court documents, prosecutors say Bonds tested positive in 2000 and 2001 for the steroids methenelone and nandrolone. Prosecutors want to use those test results to show Bonds lied to a grand jury in December 2003 when he told them that he never knowingly used steroids.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-72794782390113710502009-02-10T20:47:00.000-05:002009-02-10T20:49:43.812-05:00

According to one of the dozens of state attorneys general who pressure MySpace.com to increase its safety standards, MySpace.com has identified and removed 90,000 convicted sex offenders site. Although MySpace.com initially cited federal privacy laws in refusing to comply with the subpoena, the company has since used a tool known as Sentinel SAFE to track online sex offenders. MySpace's chief

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-28591867483019605482009-02-09T09:00:00.000-05:002009-02-09T11:00:07.653-05:00

So they send you to law school for three years to learn how to be a lawyer. In those three years you learn to think like a lawyer, act like a lawyer, and ultimately be a lawyer; or so they say. Law school is the breeding ground for new lawyers and is undoubtedly a prerequisite to actually practicing law; but does law school really teach us how to actually be lawyers or just how to pass the bar

Patrick Godfreynoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-32956473720829500592009-02-09T08:59:00.000-05:002009-02-09T11:00:30.987-05:00

Pulling Faces & Hitting Aces: The Dos andDon’ts of Courtroom DecorumKate LoudenslagelWashington and Lee University School of Law ‘09Most law students anxiously await that day when they finally become practice certified and are able to appear in court, either through internships, clinics, or practica. The thrill of being the “lawyer on record,” however, can quickly be replaced with fear if not

Patrick Godfreynoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-1622453466460183202009-02-09T08:58:00.000-05:002009-02-09T11:01:27.966-05:00

Illogical juries: How I learned to stop caring and love the systemPavan V. ParikhSaint Louis University School of Law“Not guilty.” Like arrows into St. Sebastian, these two words strike pain and fear into the heart of any prosecutor. At first you think of failure. Law school prepared you for that. Law school taught you that not everyone gets an A. Law school taught you that only because you can

Patrick Godfreynoreply@blogger.com1tag:blogger.com,1999:blog-5711863273544989470.post-15538331290342582372009-02-02T22:30:00.000-05:002009-02-02T22:31:20.769-05:00

Decided on January 13, 2009. Background: The defendant faced a conviction of the Armed Career Criminals Act, which requires a fifteen year sentence when a defendant possesses a firearm after committing three violent felonies or serious drug offenses. One of the defendant’s past offenses was a state conviction for escape from prison, which occurred when the defendant failed to report to prison.

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-61538119309114365652009-02-02T22:29:00.000-05:002009-02-02T22:30:44.227-05:00

Decided on January 14, 2009. Background: When the defendant, Bennie Herring, returned to a police impound lot to retrieve some personal possessions, an officer at the lot inquired to surrounding counties about whether Herring had any outstanding warrants. An officer in another county erroneously stated that his county had an outstanding warrant on Herring, so the officer at the lot stopped

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-8488816863187924252009-02-02T22:28:00.002-05:002009-02-02T22:29:29.368-05:00

Decided on January 14, 2009. Background: Thomas Ice was convicted of burglary and sexual abuse when he entered a neighbor’s apartment and sexually abused one of their children. Ice was ultimately convicted on six offenses and Oregon law states that sentences imposed for multiple crimes must be concurrent, unless the offenses arose out of separate instances or resulted in separate harms. The

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-12263639386676987552009-02-02T22:28:00.001-05:002009-02-02T22:28:45.702-05:00

Decided on January 21, 2009. Background: Cesar Sarausad, the defendant, drove the car in a drive-by shooting in which another passenger shot and killed a teenager. The defendant was convicted of second-degree murder based on an accomplice-liability theory “in for a dime, in for a dollar.” The defendant argued that the court erred by allowing the prosecutor to use this theory, because it could

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-87432801056643129352009-02-02T22:26:00.002-05:002009-02-02T22:28:00.333-05:00

Decided on January 21, 2009. Background: The defendant was arrested for distribution of drugs when he sold drugs to an undercover informant who the defendant invited into his house, but his conviction was vacated because police entered his house without a warrant. After his release, the defendant brought a §1983 action against the police who entered his house without a warrant. The defendants

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-61013229092443737312009-02-02T22:26:00.001-05:002009-02-02T22:26:51.894-05:00

Per curium opinion issued on January 21, 2009. Background: Steven Spears was convicted of conspiracy to distribute cocaine. The sentencing guidelines required Spears’ sentence to be calculated based on a 100:1 ratio of crack cocaine to powder cocaine quantities. But the District Court believed that this calculation yielded an excessive sentence, so it recalculated his sentence based on a 20:1

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-48897889885224246022009-02-02T22:25:00.000-05:002009-02-02T22:26:00.734-05:00

Decided on January 26, 2009. Background: Lemon Johnson was stopped by police for a minor vehicular infraction. At the time of the stop, the police officers had no reason to suspect that any of the car’s passengers were engaging in criminal activity. The officers still asked Johnson to get out of the car and patted him down. During the frisk, officers discovered a firearm and Johnson was

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-71914374767591373872009-02-02T22:24:00.000-05:002009-02-02T22:25:25.068-05:00

Decided on January 26, 2009. Background: Goldstein had been convicted of murder, but he was later released because the testimony of a key witness, a jail-house informant, proved to be unreliable. The prosecution allegedly knew about this unreliability. After he was released, Goldstein brought a §1983 claim against the prosecution’s supervisors, claiming that they failed to properly train the

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-75203203196255062362009-02-02T22:23:00.000-05:002009-02-02T22:24:27.955-05:00

Per curium opinion issued on January 26, 2009. Background: In this case, Nelson was convicted of conspiracy to distribute and possess with intent to distribute cocaine. The court sentenced him to 360 months in prison, calculated under the U.S. Sentencing Guidelines. The court reasoned that a sentence within the guidelines is presumptively reasonable.Holding: A sentencing court should not

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-21739956378693821772009-02-02T22:22:00.002-05:002009-02-02T22:23:36.423-05:00

The argument was heard on January 21, 2009. Issue: The issue here is if a defendant makes statement tin the absence of a knowing and voluntary waiver of the right to counsel, whether prosecutors may use the statement to impeach a witness, as opposed to during its case-in-chief. Background: In this case, Ventris and his girlfriend were both accused of murder and robbery and they each blamed the

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-54098778190367889452009-02-02T22:22:00.001-05:002009-02-02T22:22:53.548-05:00

The argument was heard on January 21, 2009. Issue: The issue in this case is whether federal law permits the suppression of a voluntary confession made more than six hours after arrest but before presentment to a magistrate, as a consequence of unreasonable delay in presentment. Background: The Federal Rules of Criminal Procedure require prompt presentment, which means that an arrested

cboydnoreply@blogger.com0tag:blogger.com,1999:blog-5711863273544989470.post-5588963010408107302009-02-02T22:21:00.000-05:002009-02-02T22:22:11.365-05:00

The argument was heard on January 14, 2009. Issue: The issue in Boyle is whether, under the Racketeer Influenced and Corrupt Organizations Act, an “enterprise” requires the existence of an ascertainable structure. Background: The defendant was convicted of racketeering and conspiracy to commit racketeering, a violation of the RICO Act. At trial, the district court rejected Boye’s request to

cboydnoreply@blogger.com0