• Justice for all crime victims, not just symbolism for a few.

    Updated: 2010-04-30 06:48:36
    While hundreds of millions of dollars are spent each year on the death penalty, a shocking number of homicides remain unsolved in California. CCV released a new report on this public safety crisis and murder victim family members tell Governor Schwarzenegger that it's time to end the death penalty.

  • Justice Project Blog on Crime Labs

    Updated: 2010-04-30 06:48:36
    John F. Terzano of The Justice Project just posted this blog "Crime Labs Need Independence and Robust Oversight to Ensure Justice" which discusses the recent crime lab scandal in San Francisco.

  • Victims Speak Out Against the Death Penalty in Honor of Victims' Rights Week

    Updated: 2010-04-30 06:48:36
    Each April since 1981, the Office for Victims of Crime has helped lead communities throughout the country in their observances of National Crime Victims' Rights Week (NCVRW). This year’s NCVRW takes place April 18-24, 2010. Rallies, candlelight vigils, and a host of commemorative activities will take place to promote victims' rights and to honor crime victims and those who advocate on their be-half.

  • Unsung Hero

    Updated: 2010-04-30 06:48:36
    I blogged about Greg Wilhoit on the Huffington Post today.

  • DNA and the Death Penalty

    Updated: 2010-04-30 06:48:36
    I blogged about this for Care2. Check it out: http://www.care2.com/causes/human-rights/blog/dna-testing-and-the-death-penalty/ and vote!

  • More on Sidney Thomas

    Updated: 2010-04-30 00:04:26
    HOME Main More on Sidney Thomas April 29, 2010 5:04 PM Posted by Kent Scheidegger 0 Comments No TrackBacks Ben Feller reports for : AP President Barack Obama on Thursday interviewed federal appeals court Judge Sidney Thomas of Montana for an opening on the Supreme Court , a person familiar with the conversation told The Associated . Press The roughly hour-long session at the White House was the first known formal interview that Obama has conducted for the upcoming vacancy on the high court . It is not clear whether Obama has interviewed other candidates in . person Now that's depressing . The White House should be aware by now that Thomas's opinion in the Summerlin case is both ludicrously wrong and pro-murderer , making an easy target for Republicans to attack and a virtually impossible

  • Distracted Driving

    Updated: 2010-04-29 22:46:37
    The headline of this story in the Detroit News says, "Granholm to sign ban on texting while driving."That sounds very dangerous to me, governor. You really should pull over and park while you sign the bill. (Hat tip: James Taranto at WSJ.)

  • Hey, Buddy, Wanna Buy a Supreme Court?

    Updated: 2010-04-29 22:46:36
    , , HOME Main Distracted Driving Hey , Buddy , Wanna Buy a Supreme Court April 29, 2010 11:43 AM Posted by Kent Scheidegger 0 Comments No TrackBacks The Golden Gate Bridge is not for sale , but nearby you can make a bid on the California Supreme Court . Well , not actually the Court as an institution , but its building . You then have to lease it back to a tenant of dubious credit , the State of California . Marisa Lagos has this story in the SF . Chron Selling off paid-for assets and then incurring lease expenses in perpetuity sure sounds like kicking the financial can down the road , which is what got us in this mess in the first . place There is , however , a good reason for a different change regarding the California Supreme Court . It does not belong in San Francisco , which is not

  • Finally, California's Lethal Injection Regulations

    Updated: 2010-04-29 22:44:41
    , HOME Main More on Sidney Thomas Finally , California's Lethal Injection Regulations April 29, 2010 3:44 PM Posted by Kent Scheidegger 1 Comment No TrackBacks The California Department of Corrections and Rehabilitation has finally sent its lethal injection protocol to the Office of Administrative Law . The press release is here Executions have been held up in the state by an appellate court decision erroneous , in my opinion that revisions to the protocol had to go through the Administrative Procedures Act process . Upon the publication of the required notice , the anti-death-penalty movement organized a spamming campaign to flood CDCR with many thousands of irrelevant comments . A day short of the one-year deadline , the department has apparently completed the process of combing through

  • Two Newyork Hospital officials Faces Fraud Charges

    Updated: 2010-04-29 14:43:16
    It seems fraud has crossed all it’s limits . Event the hospital officials are now no more faithful with their authorities. If this is so then how can the patients would have trust upon hospitals. In latest update Two New York-Presbyterian Hospital officials and two contractors who did business with the prestigious hospital were accused [...]

  • Temple City Women Convicted in Lotto,Travel Scams

    Updated: 2010-04-29 06:43:45
    In latest of update pertaining to lottery and Travel scam a Temple city women was convicted to 24 years for defrauding senior victims in travel and lotto scam reveals the District Attorney’s Office on Wednesday. The Scam Artist Delia Socorro Tellez, 53 who was involved in the crime act was [...]

  • Voting in the Slammer

    Updated: 2010-04-29 06:40:59
    HOME Main Voting in the Slammer April 28, 2010 4:59 PM Posted by Kent Scheidegger 2 Comments No TrackBacks The Ninth Circuit today agreed to reconsider en banc its astonishing decision that federal law requires a state to let convicted felons vote while still in prison . Last January's panel decision in Farrakhan v . Gregoire is here The three-judge panel had split 2-1, with fringe Judges Tashima and Reinhardt forming the majority and the more rational Judge McKeown author of the cross decision reversed today by SCOTUS in the dissent . nbsp Prior posts are here and here It had been reported in the press that Wash . AG was going to skip rehearing en banc and go straight to the Supreme Court . However , on February 12 the court called for briefing on whether to hear the case en banc ,

  • Chatigny Confirmation Hearing

    Updated: 2010-04-29 06:40:59
    To follow up on Bill's post, David Ingram has this post at BLT on the Chatigny confirmation hearing and the Michael Ross case.

  • Bridgewater Man Charged In Lynn With Domestic Assault On Ex Girlfriend

    Updated: 2010-04-28 22:39:54
    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 Bridgewater Man Charged In Lynn With Domestic Assault On Ex Girlfriend April 28, 2010 Posted In : Domestic Violence Drug Crimes Restraining Orders By Stephen Neyman , . P.C on April 28, 2010 8:14 AM Permalink Michael Holyoke of Bridgewater , Massachusetts is facing several charges involving an alleged incident of Domestic Violence against his former girlfriend . The Lynn Item reports that the woman's neighbor contacted police after hearing a man and woman fighting with one another . The woman also asked the neighbor for help . When the police arrived the two were still verbally fighting . The woman

  • Both Houses of Congress Now Considering Criminal Justice Legislation

    Updated: 2010-04-28 22:39:51
    With the introduction of the National Criminal Justice Commission Act in the House earlier this week, both houses of Congress are now considering the legislation, which has already been making its way through the Senate. Here’s why the ACLU endorses the bill (the quote is from ACLU lobbyist Laura Murphy): “Our badly broken justice system [...]

  • Worse than Liu?

    Updated: 2010-04-28 22:38:33
    HOME Main Jurisdiction , Merits , and Splintered Opinions Worse than Liu April 28, 2010 10:06 AM Posted by Bill Otis 0 Comments No TrackBacks President Obama would have to go some to nominate an appellate candidate worse on criminal law issues than Goodwin . Liu On the other hand , President Obama is a man of . accomplishment Take a look at this remarkable piece today by Paul Mirengoff on : Powerline The Senate Judiciary Committee will hold hearings this afternoon on the nomination of Judge Robert Chatigny to the Second Circuit Court of Appeals . Judge Chatigny can expect plenty of skepticism about his suitability , given his handling of a case involving Michael Ross , a Connecticut serial killer who raped and murdered at least eight women and girls . The facts are summarized in this

  • Jurisdiction, Merits, and Splintered Opinions

    Updated: 2010-04-28 22:38:33
    , , HOME Main Jurisdiction , Merits , and Splintered Opinions April 28, 2010 10:44 AM Posted by Kent Scheidegger 1 Comment No TrackBacks When a judge on a multi-judge court believes the court has no jurisdiction but the majority decides otherwise , what should that judge say about the merits One school of thought is that he should say nothing , having concluded that the court has no authority to render a decision on the merits . That is the path taken by Justices Scalia and Thomas in today's memorial cross case , Salazar v . Buono I appreciate the virtues of consistency , but in this instance I think consistency needs to yield to the institutional function of the court . The primary reason why the Constitution provides for one supreme court is have definitive answers to legal questions .

  • News Scan

    Updated: 2010-04-28 22:38:32
    HOME Main Worse than Liu News Scan April 28, 2010 9:32 AM Posted by CJLF Staff 0 Comments No TrackBacks DNA Links Sex Offender to S.F . : Murder Staff writer Jaxon Van Derbeken of the San Francisco Chronicle reports on San Francisco prosecutors' decision yesterday to file murder charges against Donzell Francis , 41, for the 2007 sexual assault slaying of a transgendered prostitute , 27-year-old Ruby Ordenana . nbsp This case gained attention when the DNA evidence was recovered from Ordenana's body remained untested for two years at the police crime lab . nbsp Francis , who is currently serving a 17-year prison sentence for another sexual assault , pleaded not guilty yesterday in San Francisco Superior Court . nbsp He also pleaded not guilty to kidnapping and sexual assault charges in a

  • Vomiting On A Person Is Assault And You Don’t Have To Take It

    Updated: 2010-04-28 17:46:49
    Skip to content Law Blog Home Present Your Case to a Lawyer About Archives My Day In Court : A Lesson In Traffic Tickets Vomiting On A Person Is Assault And You Don’t Have To Take It Published by Andrew Dat on April 27, 2010 in Criminal Law 0 Comments Tags : assault baseball battery criminal disorderly conduct drunk fight matthew clemmens reckless endangerment stupid vomit vomiting Have you ever gotten so angry that you wanted to vomit How about vomit on another person How about so angry that you’ve wanted to make yourself vomit all over a cop Yeah , me neither . But apparently this guy was able to achieve such a level of . revulsion From the looks of the mug shot , right , and reading through the story , I’d bet good money that the vomiter was also drunk out of his mind , as well .

  • San Francisco Drug Lab Scandal: Symptom of a Wider Problem?

    Updated: 2010-04-28 17:46:37
    : Skip to content Law Blog Home Present Your Case to a Lawyer About Archives More Trouble for the Boy Scouts The Top Ten Tenant’s Rights : Yes Renters Have Rights , Too San Francisco Drug Lab Scandal : Symptom of a Wider Problem Published by Rusty Shackleford on April 22, 2010 in Criminal Law Government and court 0 Comments Tags : cocaine crime lab criminal justice drug lab drugs evidence forensic science police san francisco scandal theft In what has become a national scandal and a major embarrassment to a police department already receiving its fair share of criticism , it was revealed last month that an employee at the San Francisco Police Department’s drug lab stole cocaine which was to be used as evidence in a drug case from the lab for her own personal . use This led to an

  • Tampa Criminal Attorney Musca on Massive Cybercrime Child Pornography Operation

    Updated: 2010-04-28 17:46:27
    Tampa Criminal Lawyer Blog Published by Tampa , Florida Criminal DUI Defense Attorneys Musca Law Rated A+ By the Better Business Bureau Home Firm Website Contact Us Previous Home Tampa Criminal Attorney Musca on Massive Cybercrime Child Pornography Operation April 21, 2010 Posted In : Tampa Criminal By Musca Law on April 21, 2010 4:55 PM Permalink A number of Tampa law enforcement agencies collaborated in a six-week cybercrime operation , which was designed to target child predators in the Tampa area . nbsp U.S . Immigration and Customs ICE officials combined with Attorney General Bill McCollum and officials from 14 other Tampa agencies in an operation called Operation Broken Heart . The program resulted in the execution of 45 warrants and 29 arrests . nbsp Those arrested are facing

  • What Happens in New York, Stays In Texas?

    Updated: 2010-04-28 17:46:25
    , Skip to content Law Blog Home Present Your Case to a Lawyer About Archives What Do You Do If You Have Overly Intrusive Parents Sue Them , Apparently Family Court Won’t Stop Non-Custodial Parent from Taking Child to Church What Happens in New York , Stays In Texas Published by Violet Petran on April 19, 2010 in Criminal Law and Immigration 1 Comment Tags : crime deportation deported drug drugs immigrant Immigration lemaine marijuana possession removal Crime and punishment a beloved book and popular topic in the American criminal justice system . There are notions of proportionality that are supposed to accompany every crime and sentences vary accordingly . Unless , of course , you are a . non-citizen Jerry Lemaine , a legal permanent resident of New York originally from Haiti was found

  • Tampa Criminal Attorney Musca on Man Posing as Doctor While Robbing Jewelry Store

    Updated: 2010-04-28 17:46:20
    Tampa Criminal Lawyer Blog Published by Tampa , Florida Criminal DUI Defense Attorneys Musca Law Rated A+ By the Better Business Bureau Home Firm Website Contact Us Previous Home Next Tampa Criminal Attorney Musca on Man Posing as Doctor While Robbing Jewelry Store April 19, 2010 Posted In : Petit Theft Tampa Criminal By Musca Law on April 19, 2010 3:18 PM Permalink A man who was posing as a doctor was arrested following his failed attempt at robbing a Tampa area Largo jewelry store . nbsp Michael Basilotto made an appointment to look at jewelry at the International Diamond Center and showed up to the appointment in medical scrubs . nbsp While he was examining the rings , Bassiloto requested that he be permitted to examine the rings in the sunlight so that he could better evaluate the

  • What Do You Do If You Have Overly Intrusive Parents? Sue Them, Apparently

    Updated: 2010-04-28 17:46:20
    , Skip to content Law Blog Home Present Your Case to a Lawyer About Archives Unauthorized Use of Work Computers : It Might Get You Fired , but It’s Not a Crime What Happens in New York , Stays In Texas What Do You Do If You Have Overly Intrusive Parents Sue Them , Apparently Published by Andrew Dat on April 16, 2010 in Criminal Law and Family Law 0 Comments Tags : arkansas court emancipated minor harassment injunction lawsuit lawyer mom mother parents sue Do you remember how your mom used to go through all your stuff when you were a kid How she would read through all your mail , listen in on your phone calls , and basically be completely intrusive throughout your adolescence No Well lucky you then For the rest of us with a normal childhood who had to suffer through this invasion of our

  • Tampa Police Arrest Suspect After Stand-Off and Shooting

    Updated: 2010-04-28 17:46:19
    Tampa Criminal Lawyer Blog Published by Tampa , Florida Criminal DUI Defense Attorneys Musca Law Rated A+ By the Better Business Bureau Home Firm Website Contact Us Previous Home Next Tampa Police Arrest Suspect After Stand-Off and Shooting April 8, 2010 Posted In : Tampa Criminal Violent Crimes By Musca Law on April 8, 2010 2:04 PM Permalink Tampa officers suffered minor injuries and a suspect was hospitalized after being shot during an incident involving a two and a half-hour standoff . nbsp Officers received information that Jermonte Thorton , who was wanted on outstanding felony warrants , would be at a friend's house . nbsp The officers waited for the suspect at the location using three police SUVs to box the suspect in when he arrived at the friend's home . nbsp Thorton repeatedly

  • Unauthorized Use of Work Computers: It Might Get You Fired, but It’s Not a Crime

    Updated: 2010-04-28 17:46:18
    : , Skip to content Law Blog Home Present Your Case to a Lawyer About Archives Courtroom Etiquette : Like Dinner Etiquette Only More Terrifying What Do You Do If You Have Overly Intrusive Parents Sue Them , Apparently Unauthorized Use of Work Computers : It Might Get You Fired , but It’s Not a Crime Published by Rusty Shackleford on April 15, 2010 in Criminal Law 0 Comments Tags : computer fraud and abuse act crime criminal cyber bullying lori drew myspace over criminalized You may remember a story from a couple years ago about Lori Drew she was a woman who , for whatever reason , decided to torment one of her teenaged daughter’s enemies” really , as a teenager , who in the world has any real enemies who was also a teenage girl . She did this by creating a fake MySpace profile , and posing

  • "Realism, Punishment & Reform"

    Updated: 2010-04-28 17:46:17

  • Cy Young Winner Dwight Gooden Arrested for Child Endangerment and Drug Related Charges

    Updated: 2010-04-28 17:46:16
    Tampa Criminal Lawyer Blog Published by Tampa , Florida Criminal DUI Defense Attorneys Musca Law Rated A+ By the Better Business Bureau Home Firm Website Contact Us Previous Home Next Cy Young Winner Dwight Gooden Arrested for Child Endangerment and Drug Related Charges April 7, 2010 Posted In : Tampa Criminal By Musca Law on April 7, 2010 3:40 PM Permalink Tampa Florida native Dwight Gooden , whose baseball career was cut short by legal troubles and substance abuse was arrested for child endangerment and being under the influence of drugs among other charges , after he allegedly collided with another car from behind . nbsp Gooden was taking his 5-year-old son Dylan to school in Franklin Lakes , New Jersey . nbsp Gooden faces a litany of charges including child endangerment , driving while

  • Tampa Criminal Defense Attorney Musca Comments on Tampa Area Prostitution Sweep

    Updated: 2010-04-28 17:46:15
    Tampa Criminal Lawyer Blog Published by Tampa , Florida Criminal DUI Defense Attorneys Musca Law Rated A+ By the Better Business Bureau Home Firm Website Contact Us Previous Home Next Tampa Criminal Defense Attorney Musca Comments on Tampa Area Prostitution Sweep April 5, 2010 Posted In : Tampa Criminal By Musca Law on April 5, 2010 2:12 PM Permalink Clearwater police arrested 12 people in a sting operation aimed at prostitution in the Tampa area . nbsp The prostitution sting was conducted at various locations of the East Gateway area of Clearwater and was directed at reducing prostitution and solicitation activity in the area . nbsp Jovanny Perez , one of the women arrested , allegedly was HIV positive . nbsp Perez also faces the additional charge of prostitution while HIV positive ,

  • What People Think About During Academic Talks

    Updated: 2010-04-28 17:46:10

  • DOJ's Grindler Promises Aggressive Intellectual Property Enforcement

    Updated: 2010-04-28 17:46:09
    The Justice Department is stepping up its intellectual property enforcement, calling the protection of IP rights a top priority under Attorney General Eric Holder Jr., Acting Deputy Attorney General Gary Grindler said in op-ed in The National Law Journal this...

  • FAA Changes Rules for Depressed Pilots

    Updated: 2010-04-28 17:46:07

  • DOJ Adds Prosecutors to Fight Intellectual Property Crime

    Updated: 2010-04-28 17:45:35
    The U.S. Department of Justice is bolstering its computer crimes and intellectual property enforcement, adding 15 new prosecutors and 20 federal agents to focus on what officials say are a growing number of IP crimes domestically and abroad. The new...

  • Quincy Man Who Groped Woman At T Stop Charged With Indecent Assault And Battery

    Updated: 2010-04-28 17:45:32
    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 Quincy Man Who Groped Woman At T Stop Charged With Indecent Assault And Battery April 27, 2010 Posted In : Sex Crimes By Stephen Neyman , . P.C on April 27, 2010 8:08 AM Permalink Enrique Lopes of Quincy , Massachusetts has been charged with Indecent Assault and Battery According to reports Lopes groped a woman at the UMass Boston T station in Dorchester last week . Another person said that Lopes engaged in similar conduct towards another woman however that woman left before police arrived . The case is pending in the Dorchester District Court . Bail was set at two thousand dollars cash . Read : Article

  • Massachusetts Men Charged With Kidnapping And Raping Prostitute In Lynn

    Updated: 2010-04-28 17:45:32
    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 Next Massachusetts Men Charged With Kidnapping And Raping Prostitute In Lynn April 23, 2010 Posted In : Kidnapping Miscellaneous Crimes Prostitution Sex Crimes Violent Crimes By Stephen Neyman , . P.C on April 23, 2010 7:45 AM Permalink Adrian Clarke of Boston and Lloyd Smith of Nantucket were charged in the Lynn District Court with Kidnapping and Raping a thirty two year old woman this past weekend . Bail for each was set at five hundred dollars . The Lynn Item reports that the woman , a prostitute was working in Boston Saturday night when she was approached by the defendants . She was forced into

  • Charges Filed in Framingham Against Man Who Allegedly Raped Nine Year Old Girl

    Updated: 2010-04-28 17:45:31
    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 Next Charges Filed in Framingham Against Man Who Allegedly Raped Nine Year Old Girl April 21, 2010 Posted In : Bail Sex Crimes Violent Crimes By Stephen Neyman , . P.C on April 21, 2010 7:40 AM Permalink This past Sunday Christopher Brunet of Lincoln , Rhode Island was arrested . He has been charged with Rape of a Child Child Enticement and Assault of a Child With the Intent to Commit Rape The victim is the nine year old daughter of an acquaintance . Apparently the child complained to her mother of having stomach pains . She was taken to a local hospital where medical personnel determined that she had

  • Plymouth County Man Charged With Child Abuse After Allegations That He Burned Girlfriend's Son

    Updated: 2010-04-28 17:45:30
    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 Next Plymouth County Man Charged With Child Abuse After Allegations That He Burned Girlfriend's Son April 20, 2010 Posted In : Bail Domestic Violence Violent Crimes By Stephen Neyman , . P.C on April 20, 2010 7:55 AM Permalink John Foley of Abington , Massachusetts was released after posting fifty thousand dollars bail . He was held after being arraigned for allegations that he scalded his girlfriend's two year old son . Apparently the incident occurred on April 2, 2010. The victim's mother told police that while she was eating dinner Foley and her son were in the bathroom . She heard her son crying for

  • Fall River Couple Arrested, Charged With Trafficking Oxycodone

    Updated: 2010-04-28 17:45:29
    , 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 Next Fall River Couple Arrested , Charged With Trafficking Oxycodone April 16, 2010 Posted In : Drug Crimes Trafficking OxyContins By Stephen Neyman , . P.C on April 16, 2010 7:31 AM Permalink This past Wednesday around noon members of the Bristol County Massachusetts State Police Drug Unit executed a search warrant at a third floor apartment in Fall River . During the course of the raid officers found more than five thousand Oxycodone and Suboxone pills . This was the culmination of a two month Drug Trafficking Investigation . Arrested were Jessica Crowley and Roger Levasseur . Levasseur has been

  • Bristol County District Attorney Looking To Facilitate Crime Tips Through Texting

    Updated: 2010-04-28 17:45:29
    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 Next Bristol County District Attorney Looking To Facilitate Crime Tips Through Texting April 15, 2010 Posted In : Search and Seizure By Stephen Neyman , . P.C on April 15, 2010 7:51 AM Permalink As referenced in many of my blog posts more and more Investigatory Stops in Massachusetts are originating with 911 cell phone calls . These typically involve someone witnessing a crime and making an anonymous call . I use quotes in that the police can usually determine from caller identifications the source of the call . Now however the Bristol County District Attorney , Samuel Sutter is trying to implement a

  • Hudson Woman Charged With Domestic Assault And Battery Held After Stabbing Boyfriend

    Updated: 2010-04-28 17:45:28
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Next Hudson Woman Charged With Domestic Assault And Battery Held After Stabbing Boyfriend April 12, 2010 Posted In : Domestic Violence Violent Crimes By Stephen Neyman , . P.C on April 12, 2010 3:46 PM Permalink Jessica Sampson is twenty three years old . She is now being held on twenty thousand dollars cash bail after supposedly stabbing her boyfriend in the chest during an argument with a kitchen knife . She is also accused of kicking the emergency medical technician in the stomach . The victim sustained stab wounds of a significant nature to his upper chest . Sampson was described as intoxicated .

  • Peabody Man Looking At 15 Years For 2005 Drug Trafficking Arrest

    Updated: 2010-04-28 17:45:27
    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 Next Peabody Man Looking At 15 Years For 2005 Drug Trafficking Arrest April 9, 2010 Posted In : Drug Crimes By Stephen Neyman , . P.C on April 9, 2010 8:12 AM Permalink Juan Mojica used to live in Peabody , Massachusetts In February of 2005 he was arrested after engaging in a drug deal with a confidential informant . The Lynn Item reports that after the deal was consummated police moved in on Mojica as he was leaving his home . The home was searched . Inside police found nearly three hundred sixty grams of cocaine throughout the apartment . Mojica then defaulted and fled to Puerto Rico . He was recently

  • Convicted Sex Offender Charged With Failing To Register As A Sex Offender In Marlborough District Court

    Updated: 2010-04-28 17:45:27
    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 Next Convicted Sex Offender Charged With Failing To Register As A Sex Offender In Marlborough District Court April 8, 2010 Posted In : Sex Crimes By Stephen Neyman , . P.C on April 8, 2010 8:36 AM Permalink Robert Colpitts was convicted in 1987 of Indecent Assault and Battery on a Child Under the Age of Fourteen At that time he was eighteen years old . Now , at the age of forty one Colpitts is obligated under the Massachusetts Sex Offender Registry Laws to register as a sex offender . Authorities claim that he did not . Consequently , he has been charged with Failing to Register as a Sex Offender Bail

  • Swampscott Man Arrested, Charged With Rape Of A Child, Procuring Alcohol For A Minor

    Updated: 2010-04-28 17:45:26
    , , 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 Next Swampscott Man Arrested , Charged With Rape Of A Child , Procuring Alcohol For A Minor April 6, 2010 Posted In : Sex Crimes By Stephen Neyman , . P.C on April 6, 2010 3:19 PM Permalink Robert Kincaid of Swampscott , Massachusetts has been arrested and charged With Rape of a Child The Salem News reports that starting last summer the thirty eight year old Kincaid started giving a fourteen year old girl alcohol after which he would Rape her . This occurred at least twenty times over a nine month period , the last time being last month . Kincaid was also charged with twenty counts of Procuring

  • “Wisconsin prison population 2.5 times larger than Minnesota’s”

    Updated: 2010-04-28 17:45:04
    That’s the headline of this local newspaper report on a study comparing the prison populations of the neighboring Midwestern states. The study offers an interesting natural experiment on how much policy decisions — as opposed to sociological factors or crime rate — drive mass incarceration. Minnesota and Wisconsin have roughly similar demographics, geography, size (~ [...]

  • South Carolina Debates Sentencing Reforms

    Updated: 2010-04-28 17:45:00
    The Palmetto State has seen its prison population triple since 1983, with much of that increase coming from nonviolent offenders and — similar to, although not as extreme as, California — technical parole violators. According to the Sentencing Project’s interactive map (which, by the way, is a great source of data), South Carolina currently incarcerates [...]

  • Friday Roundup (Monday Edition)

    Updated: 2010-04-28 17:44:59
    The blog is back in town with some Monday morning links of accumulated news: “From combat to lockdown“: The Salt Lake Tribune reports on the rising numbers of veterans behind bars. Also available via the Crime Report. The article notes that veterans are blocked by federal law from accessing VA treatment while they are in [...]

  • Should California Change the Name of Parole Supervision to Avoid Citizen Confusion?

    Updated: 2010-04-28 17:44:56
    Two local California papers, the Fresno Bee and the Merced Sun-Star, both ran editorials this weekend calling for parole reform. Since the California press tends toward fact-free fearmongering when it comes to covering all things related to prison policy (as the Sun-Star headline puts it, “Tough talk on crime clouds issues”), I was glad to [...]

  • Still No Graham and Sullivan

    Updated: 2010-04-28 17:44:54
    The Supreme Court's lone opinion for today is the memorial cross case, Salazar v. Buono. Check back here on Monday.

  • Light Posting for the Next Week

    Updated: 2010-04-28 17:44:54
    Posting will be intermittent, if at all, the next week or so, as I am finishing up a few projects. If you’re looking for something to read, click around the Category and Tag headings in the right-hand column. For some reason, clicking on these headings in the right-hand column will take you to a digest [...]

  • Stay Denied for Serial Killer

    Updated: 2010-04-28 17:44:52
    HOME Main Goldman Sachs and the Uses of Jail Stay Denied for Serial Killer April 27, 2010 3:53 PM Posted by Kent Scheidegger 1 Comment No TrackBacks For Samuel Bustamante and his buddies , shopping did not mean a trip to the mall . It meant hunting illegal immigrants , then beating and robbing them , AP writer Michael Graczyk reported yesterday . Today the U.S . Supreme Court denied a . stay Update Justice was carried out as scheduled . AP story here More from yesterday's AP story after the . jump In a taped confession to detectives , Bustamante said he and three friends Dedrick Depriest and brothers Walter and Arthur Escamilla , all from El Campo spent the day in January 1998 eating and drinking and then decided to go shopping in Rosenberg , 40 miles to the northeast , to pick up an

  • Yet Another Stacked Death Penalty Study?

    Updated: 2010-04-28 17:44:51
    HOME Main Do You Want Fries With That Sentence Yet Another Stacked Death Penalty Study April 27, 2010 9:03 AM Posted by Kent Scheidegger 0 Comments No TrackBacks Associated Press has this brief story The American Bar Association is launching a review of the way the death penalty is administered in . Missouri A special Bar Association committee plans to analyze a dozen aspects of Missouri's death penalty process including the handling of DNA evidence , police interrogation procedures , prosecutor and defense services and court . appeals The eight-member panel is co-chaired by law professors Stephen Thaman of Saint Louis University and Paul Litton of . MU Litton said similar death penalty studies have been conducted in eight states . He said committees in five of those states recommended a

  • Do You Want Fries With That Sentence?

    Updated: 2010-04-28 17:44:51
    Stephanie Simon has this story in the WSJ on fast food in the joint.Selling the inmates burgers and fries has various pros and cons, as described in the article.So who pays the bill? Some spend earnings from in-prison jobs, and we are all in favor of prisoners working. Some, though, have their happy meals paid for by family from the outside. One woman is apparently spending $250 a month for her brother's burgers and fries. I suspect there are more worthwhile things she could be spending her money on.

  • Avoiding a SCOTUS Fight?

    Updated: 2010-04-28 17:44:50
    HOME Main Yet Another Stacked Death Penalty Study Avoiding a SCOTUS Fight April 27, 2010 8:14 AM Posted by Kent Scheidegger 1 Comment No TrackBacks James Rowley and Laura Litvan report for : Bloomberg Senator Dianne Feinstein has some advice for President Barack Obama about his next Supreme Court nominee : Don't pick a . fight There are people that one can appoint that are respected by both sides , said Feinstein , a California Democrat and member of the Judiciary Committee , which will hold confirmation hearings . That's what I think he ought to look for . President Obama was in California recently , warning California Democrats that the other senator might lose her reelection bid . Having to defend a murderer-friendly nominee wouldn't help Senator Boxer in a state where voters regularly

  • The Trial Penalty

    Updated: 2010-04-28 17:44:44
    : The Rap Sheet : Nolo's Criminal Law Blog Published by Home Website Practice Areas Contact Us Previous Home Apr 26, 2010 The Trial Penalty The right of an accused to a jury trial is fundamental in the United States . nbsp But perhaps we should put an asterisk next to the word fundamental . nbsp A recent study indicates that a trial penalty is alive and well . nbsp According to the study , nbsp when all other factors are controlled for , accused people who go to trial and are found guilty are punished more harshly than those who plead guilty . nbsp The study , published in Vol 27 of the Justice Quarterly 2010 is entilted Trial Penalties in Federal Sentencing : Extra-Guidelines Factors and District Variation . An ad that a local lawyer has run for many years states that Friends don't let

  • Guilty Pleas and Non-Citizens

    Updated: 2010-04-28 17:44:44
    : The Rap Sheet : Nolo's Criminal Law Blog Published by Home Website Practice Areas Contact Us Previous Home Next Apr 14, 2010 Guilty Pleas and Non-Citizens Most people convicted of crimes have plead guilty rather than gone to trial . nbsp Before pleading guilty , however , defendants understandably want to know what the punishment will be . nbsp In recent years , courts have differed as to whether defense lawyers have to inform non-citizens that they are subject to deportation if they are convicted . nbsp In Padilla v . Kentucky 2010 the U.S . Supreme Court put the debate to bed by deciding by a vote of 7-2 that defense lawyers have an obligation to advise non-citizens that a guilty plea might result in . deportation The outcome of Padilla makes it more likely that defendants will

  • Restraint, Mr. Harper

    Updated: 2010-04-28 16:10:50
    While cramming a treatise for my last 1L exam, I came across a quote from the Law Reform Commission of Canada. The report titled Our Criminal Law was released in 1976, but it is just as relevant today: But criminal law is not the only means of bolstering values. Nor is it necessarily always the best [...]

  • Vote for Windsor in ATL Video Contest

    Updated: 2010-04-28 11:18:21
    Above the Law has listed the finalists in their video contest, and Windsor Law made the cut.  Considering the number of law schools in the U.S. alone, this is pretty big. Help support your fellow Canadians and vote for Windsor.

  • Cookies Trump Torture

    Updated: 2010-04-28 11:09:32
    Mmmmm… cookies.

  • Brand Management Law

    Updated: 2010-04-27 11:10:52
    First posted on Commercial Law International on April 26, 2010. So what is brand management law? The best definition that I can give is the law or legal practice that facilitates a company or companies managing their band or brands. Yes, I know, I know the definition is a bit circular but hey what do you expect, [...]

  • Arnie Lemaire is Behind Blazing Cat Fur?

    Updated: 2010-04-26 18:33:18
    The issue of blogger anonymity is a contentious one that is being closely watched by members of the bar.  Canada does have a more qualified understanding of the freedom of speech, and after the emergence of the responsible journalism defence in Quan v. Cusson and Grant v. Torstar Corp we’re likely to [...]

  • A car means less freedom

    Updated: 2010-04-23 15:00:19
    An old cliché says that a car gives freedom. But if freedom means the absence of state intrusion in our personal choices, then that cliché is plain wrong. Drivers are less free than pedestrians or transit passengers. There are three main areas in which driving impairs our freedom. Loosely phrased, they are liberty, privacy, and [...]

  • Happy Birthday BCCA!

    Updated: 2010-04-22 20:42:30
    The British Columbia Court of Appeal is officially 100 years old! To celebrate they’re having an academic symposium in Vancouver. There is even a special BCCA 100th birthday website, where you can register for the events. Although the official birthday was on January 4, 2010, the BCCA will have special sittings throughout April to commemorate [...]

  • Canadians, beware of Arizona Senate Bill 1070

    Updated: 2010-04-22 19:56:08
    How far can a government go to fight illegal migration? One government is flying right into uncharted  territory if we are to judge by public reaction and media commentary. Arizona’s legislature is considering a bill that allows Arizona police to arrest people on a “reasonable suspicion” of their unlawful immigration status. Many groups ripped into [...]

  • Transparency in Law School?

    Updated: 2010-04-21 16:47:11
    Some American law students are trying, with the launch of a new site. Read more about it as the Wall Street Journal.

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