• Widow Fights For Right To Bury Husband

    Updated: 2012-04-30 19:32:56
    The idea that cities can move a person’s body against his or her express wishes simply because that person can no longer speak for themselves seems like a violation of some sort of right, even though legally the dead do not have any identifiable rights.

  • Second-Hand Weed

    Updated: 2012-04-30 18:44:13
    HOME Main Second-Hand Weed April 30, 2012 11:44 AM Posted by Kent Scheidegger 0 Comments Yehoshua Zarfin , Enav Yefet , Said Abozaid , Wael Nasser , Tamer Mor , and Yoram Finkelstein , Infant with Altered Consciousness after Cannabis Passive Inhalation , Child Abuse Neglect Volume:36 Issue:2 Dated:February 2012 Pages:81 to 83. Abstract after the jump . The article presents a case study of a previously healthy 13-month old male infant who was brought to the emergency department due to apathy , unresponsiveness , loss of appetite , and mild fever . A physical exam of the child found nothing abnormal that would cause the infants symptoms . A toxicology screening however , revealed the presence of THC , the active ingredient in cannabis . The parents of the child admitted to having smoked

  • Padilla Retroactivity Taken Up

    Updated: 2012-04-30 14:37:09
    HOME Main Second-Hand Weed Padilla Retroactivity Taken Up April 30, 2012 7:37 AM Posted by Kent Scheidegger 3 Comments In 2010, the US Supreme Court held in Padilla v . Kentucky that a guilty plea could be attacked on the ground that the defense lawyer inadequately advised the defendant about the immigration consequences of the conviction . nbsp That case was decided on collateral review in the state courts , and the state court chose to reject the claim on the merits rather than on retroactivity grounds , so the U.S . Supreme Court did not consider retroactivity . nbsp Today , the Court took up the question of whether that decision will be applied retroactively to overturn other convictions that were already final on appeal when Padilla was decided . nbsp The new case is Chaidez v .

  • A Strange GVR in the Ryan Case

    Updated: 2012-04-30 14:16:24
    HOME Main Padilla Retroactivity Taken Up A Strange GVR in the Ryan Case April 30, 2012 7:16 AM Posted by Kent Scheidegger 0 Comments The case of Illinois' crooked , convicted former governor the one without the hair took a strange turn today . nbsp The U.S . Supreme Court vacated the Seventh Circuit's decision and remanded for reconsideration in light of Wood v . Milyard The orders list is here This is strange because Wood has nothing to do with the Seventh Circuit's decision in United States v . Ryan A court is not at liberty , we have cautioned , to bypass , override , or excuse a State's deliberate waiver of a limitations defense , the Supreme Court held in Wood Okay , but the Seventh did not do that in Ryan Quite the contrary , the Seventh held that the prosecution's waiver took the

  • Racism and George Zimmerman

    Updated: 2012-04-29 21:20:21
    HOME Main Racism and George Zimmerman April 29, 2012 2:20 PM Posted by Bill Otis 0 Comments Thomas Sowell reflects on the Trayvon Martin George Zimmerman case in a piece in National Review Online . It's short and worth the read , mostly for its reminder of the astonishingly dishonest editing that NBC undertook to attempt to portray Zimmerman as a racist . nbsp The edit itself is described here Sowell's last three paragraphs particularly drew my : attention Let us talk sense , like adults . Nothing that is done to George Zimmerman justly or unjustly will unlynch a single black man who was tortured and killed in the Jim Crow South for a crime he didn't . commit Letting hoodlums get away with hoodlumism today does not undo a single injustice of the past . It is not even a favor to the

  • The LWOP Mask Slips Big Time

    Updated: 2012-04-29 14:05:21
    HOME Main The LWOP Masks Slips Big Time April 29, 2012 7:05 AM Posted by Bill Otis 1 Comment Kent had a post the other day about how an EPA official let on , when he had forgotten the camera was running , that the model for dealing with oil and gas companies was crucifixion . Due process did not appear to be in the mix . It was more like the invading Roman army snatching the first five villagers and then . the unpleasantness . commenced Mask-slipping moments are wonderful nuggets of truth , because that's when you find out what the other side really thinks . Thus I bring you this one from my one-time debate partner , Professor David Dow , one of the country's leading death penalty abolitionists . Prof . Dow argues that life without parole the sentence the California referendum resolutely

  • Is This Where It Starts, or Where It Ends Up?

    Updated: 2012-04-29 02:30:44
    , HOME Main Is This Where It Starts , or Where It Ends Up April 28, 2012 7:30 PM Posted by Bill Otis 0 Comments Criminal law's rampant indulgence of slick practice , diversion , soft-core perjury , non-stop whining and concocted portrayal of the miscreant as victim did not come from nowhere . Today I got a glimpse of where it comes from , although I'm not sure whether what I'm looking at is the starting point or the ending point of a sick . culture This is the story A high school kid in an honors English class copied someone else's homework . He got caught . He and his mother had signed an Academic Honesty Pledge at the beginning of the school year that declares cheating is grounds for immediate removal from the advanced-level program . Think for a moment about what it means that such a

  • More on California and the Single-Drug Execution Method

    Updated: 2012-04-28 14:46:22
    Nannette Miranda of ABC7 has this report on the announcement that Gov. Brown has directed the Department of Corrections and Rehabilitation to consider switching to the single-drug method. See also Thursday's post.

  • Twenty Years Later, L.A.'s Divisions Fade

    Updated: 2012-04-28 13:54:43
    Twenty years after the riots, what is the situation in the City of Angels regarding race, crime, and police-community relations? Much improved, report Tamara Audi and John Emshwiller in the WSJ.

  • The Trust Molecule

    Updated: 2012-04-28 13:28:21
    HOME Main Twenty Years Later , L.A . s Divisions Fade The Trust Molecule April 28, 2012 6:28 AM Posted by Kent Scheidegger 1 Comment Researcher Paul Zak has this essay in the weekend : WSJ Could a single molecule--one chemical substance--lie at the very center of our moral lives Research that I have done over the past decade suggests that a chemical messenger called oxytocin accounts for why some people give freely of themselves and others are coldhearted louts , why some people cheat and steal and others you can trust with your life , why some husbands are more faithful than others , and why women tend to be nicer and more generous than men . In our blood and in the brain , oxytocin appears to be the chemical elixir that creates bonds of trust not just in our intimate relationships but

  • Poll On Arizona Status-Check Law

    Updated: 2012-04-27 22:32:33
    HOME Main Poll On Arizona Status-Check Law April 27, 2012 3:32 PM Posted by Kent Scheidegger 0 Comments The Quinnipiac Poll asked 2,577 registered voters : nationwide 47. As you may know , in 2010 the state of Arizona passed a law that requires police to verify the legal status of someone they have already stopped or arrested if they suspect that the person is in the country illegally . Do you approve or disapprove of Arizona's immigration law Tot Rep Dem Ind Wht Blk Hsp Approve 68 92 46 72 74 55 47 Disapprove 27 5 47 24 22 37 49 DK NA 5 3 7 4 4 7 5 Given the vehemence of the attack on this law by leaders of the Democratic Party and the claim that it is anti-Hispanic , the fact that both Democrats and Hispanics are almost evenly split on it is interesting . nbsp Thanks to Eugene Volokh for

  • Enforcing the Death Penalty Saves Lives

    Updated: 2012-04-27 22:20:34
    Dudley Sharp has this op-ed in the Atlanta Journal-Constitution, concisely stating the case for the death penalty. Curiously, the headline writer took the word "death" out of the headline.

  • News Scan

    Updated: 2012-04-27 17:16:14
    HOME Main Enforcing the Death Penalty Saves Lives News Scan April 27, 2012 10:16 AM Posted by CJLF Staff 0 Comments Signatures for Three-Strikes Initiative : Submitted Tracey Kaplan of San Jose Mercury News reports signatures for an initiative that would scale back California's Three Strikes Law were turned in to state officials Thursday . The measure would allow only certain criminals to receive a 25 years to life sentence for any felony offense for their third strike . For many offenders , the third strike would be restricted to a serious or violent felony . The initiative would allow current third-strikers to ask the court to re-sentence them under the provisions of the new measure . Border Patrol Sued by ACLU Over Traffic : Stops Manuel Valdes of the Associated Press reports the ACLU

  • A Mask-Slip Moment

    Updated: 2012-04-27 15:58:02
    HOME Main A Mask-Slip Moment April 27, 2012 8:58 AM Posted by Kent Scheidegger 0 Comments There are some people in the world , including some people high up in government , who see the world very differently from most of us . nbsp They know that , so they keep masks on most of the time . nbsp Every once in a while , though , the masks slip , and they show us how they really think . nbsp Environmental law , like all laws , should be enforced by people with a basic sense of decency who seek to impose severe punishment only on those who have done serious wrong . nbsp That is particularly true when the enforcement takes the form of criminal prosecution , as environmental law sometimes does . nbsp But at least one person high up in the EPA doesn't think so . nbsp The WSJ has this editorial :

  • Massachusetts Man Charged With Open and Gross Lewdness Banned From Park Where He Allegedly Exposed Himself

    Updated: 2012-04-27 01:05:27
    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 Massachusetts Man Charged With Open and Gross Lewdness Banned From Park Where He Allegedly Exposed Himself April 26, 2012 Posted In : By Stephen Neyman , . P.C on April 26, 2012 7:05 PM Permalink Thirty two year old Gregory Couture was recently arraigned in the Hingham District Court for one count of Open and Gross Lewdness The Brockton Enterprise reports that last fall Couture exposed himself to a woman walking in Luddham's Ford Park . The victim was unable to identify him at that time . Just a few weeks ago another woman in the same area saw Couture following her . This same woman saw him hiding

  • California Appeals Execution Injunction, Will Consider Single-Drug Protocol

    Updated: 2012-04-26 23:57:04
    , HOME Main California Appeals Execution Injunction , Will Consider Single-Drug Protocol April 26, 2012 4:57 PM Posted by Kent Scheidegger 0 Comments The California Department of Corrections and Rehabilitation has appealed from the decision of the Marin Superior Court finding its execution protocol regulation was not promulgated in accordance with the Administrative Procedure Act . nbsp The notice is here Interestingly , the notice also indicates under the Governor's direction , the California Department of Corrections and Rehabilitation will also begin the process of considering alternative regulatory protocols , including a one-drug protocol , for carrying out the death penalty . Categories Death Penalty Leave a comment Name Email Address URL Remember personal info Comments You may use

  • News Scan

    Updated: 2012-04-26 21:13:49
    HOME Main California Appeals Execution Injunction , Will Consider Single-Drug Protocol News Scan April 26, 2012 2:13 PM Posted by CJLF Staff 0 Comments Execution on Track in Texas : Tonight Michael Graczyk of the Associated Press reports Beunka Adams today will become the fifth person executed in Texas this year . A federal district judge granted a reprieve earlier this week , but the 5th U.S . Circuit Court of Appeals reinstated the death warrant Wednesday after the Texas attorney general's office appealed the ruling . The U.S . Supreme Court today refused to halt the execution and review his case . In 2002, Adams and Richard Cobb robbed a convenience store and took one male customer and two females clerks with them to a remote area . Kenneth Vandever and one woman were forced into the

  • Big Step Towards Use of Cameras in the Courtroom

    Updated: 2012-04-25 22:17:21
    The Administrative Office of the U.S. Courts is pushing a pilot program involving 14 different courtrooms across the country that will allow the videotaping of selected trials.

  • 72 Year Old Man Charged With Attempted Kidnapping, Assault and Battery in Quincy Massachusetts Court

    Updated: 2012-04-25 19:20:34
    , 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 72 Year Old Man Charged With Attempted Kidnapping , Assault and Battery in Quincy Massachusetts Court April 25, 2012 Posted In : By Stephen Neyman , . P.C on April 25, 2012 1:20 PM Permalink The Brockton Enterprise reports that yesterday a seventy two year old Fall River man attempted to abduct a twenty seven year old woman . The woman was walking her dog in Braintree The man pulled up and asked for help entering an address in his GPS device . As the woman tried to help him the defendant tried to pull her into the car . The woman screamed . The defendant drove off and was later apprehended by the

  • Should Death Row Inmates Be Allowed to Donate Their Organs?

    Updated: 2012-04-24 22:37:09
    If the state has already stripped a person of his legal right to live, taking away their legal right to determine what’s done with their organs after they die seems like a triviality.

  • Somerville Massachusetts Man Shows Genitals on Trolley, Arrested, Charged With Indecent Exposure

    Updated: 2012-04-23 13:02:52
    , , 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 Somerville Massachusetts Man Shows Genitals on Trolley , Arrested , Charged With Indecent Exposure April 23, 2012 Posted In : Sex Crimes By Stephen Neyman , . P.C on April 23, 2012 7:47 AM Permalink A thirty seven year old Somerville , Massachusetts man who was riding the Green Line MBTA last week is accused of exposing himself to a Brighton woman . Boston.com reports that a woman boarded a trolley in the Allston , Brighton area . She observed the defendant approaching her . She looked down and saw his penis exposed and being stroked . Once he realized that she was looking he pulled down his

  • Three Men Charged With Larceny by Scheme for Charging Haverhill Massachusetts Man $90,000 for Minor Home Repairs

    Updated: 2012-04-19 19:23:51
    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 Three Men Charged With Larceny by Scheme for Charging Haverhill Massachusetts Man 90,000 for Minor Home Repairs April 19, 2012 Posted In : Theft Crimes By Stephen Neyman , . P.C on April 19, 2012 2:00 PM Permalink Edmond Wormwood and Billy Adams , both from Maine have been arrested . Both are being charged with Larceny by Scheme for allegedly bilking a ninety two year old Haverhill , Massachusetts man out of ninety thousand dollars . A third suspect , Michael Mills is also being sought in this crime . According to a report on Boston.com the defendants appeared at the victim's home in the winter and

  • California Supreme Court: Managers Do Not Need to Ensure That Employees Take Breaks

    Updated: 2012-04-18 17:05:09
    In its ruling, the court essentially says that, while employers are required to offer a minimum amount of break time to their employees, the law cannot dictate what the employees actually do with that time, and if they choose to spend it working, that is their right.

  • Foxborough Massachusetts Man Charged With Threats in Wrentham District Court, Bail Set at $5,000

    Updated: 2012-04-18 01:50:06
    , 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 Foxborough Massachusetts Man Charged With Threats in Wrentham District Court , Bail Set at 5,000 April 17, 2012 Posted In : Miscellaneous Crimes Violent Crimes By Stephen Neyman , . P.C on April 17, 2012 7:50 PM Permalink A forty year old Foxborough , Massachusetts man was charged with Threatening to Commit a Crime in the Wrentham District Court . According to reports , the defendant told a Foxborough selectman that he was a dead man if he did not change his position on casino development in the town . The defendant was arrested and a stay away order was placed into effect . A judge sitting in the

  • Is There a Right to Use Marijuana for Religious Purposes?

    Updated: 2012-04-16 20:14:59
    The Native American group sued the DEA in federal court after it seized their FedEx box containing marijuana for religious purposes.

  • When Lawyers Get Married

    Updated: 2012-04-16 18:03:56
    A: “… You can’t say that, it’s inadmissible!” B:  “Oh yeah? Well guess what else is inadmissible from now on?!” A:  “No way! When you married me you created a categorical exception” B:  “Who cares! Under a principled approach I can tell you that you are neither necessary nor RELIABLE!” A:  “We’ll see, you’ve never [...]

  • Labor Process and Labor Costs

    Updated: 2012-04-16 05:03:03
    I know I am totally behind on this but this is a very interesting video on how iPads are made at the infamous Foxconn factory: Of course, the fact that workers are lining up to take these jobs is often used as an argument that the low wages and lousy working conditions (which have improved [...]

  • Los Angeles County Men’s Central Jail May Close (And a Footnote in Praise of Technocrats)

    Updated: 2012-04-13 20:27:17
    Earlier this week Los Angeles County Sheriff Lee Baca announced plans to shut down L.A.’s notorious Men’s Central Jail. This is big news: L.A. County’s jails comprise not just the largest and most violent jail system in the nation, but also, by default, one of the nation’s largest mental health care providers. Over the years I [...]

  • Telling Your Employees to “Look Younger” Is Probably Age Discrimination

    Updated: 2012-04-13 19:29:07
    In Texas, a woman is suing her former employer because she claims that she was fired after she refused to dye her gray hair a darker color, and wear “younger fancy suits.”

  • Lawrence Massachusetts Motor Vehicle Offense Ends Up In Drug Arrest For Possession With Intent to Distribute Cocaine, Heroin

    Updated: 2012-04-12 21:53:46
    , 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 Motor Vehicle Offense Ends Up In Drug Arrest For Possession With Intent to Distribute Cocaine , Heroin April 12, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on April 12, 2012 3:53 PM Permalink Zachary Brewster , a twenty six year old New Hampshire resident was driving his car the wrong way down a one way street Tuesday night in Lawrence , Massachusetts After learning that the operator did not have a license in his possession , the officer who stopped him asked him to get out of the car . As soon as Brewster complied with the exit order the police saw Drug

  • [Guest Post] Supply-side murder control?

    Updated: 2012-04-12 19:08:11
    This is the first in a series of guest posts from Peter Wagner of the Prison Policy Initiative. These will be short posts on a range of criminal justice topics (not just prison legal issues) that I hope will spark discussion. All opinions are his, etc. by Peter Wagner The National Rifle Association is concerned [...]

  • Music Break – Hard Fi

    Updated: 2012-04-12 07:01:53
    Good for Nothing, from their latest album, Killer Sounds:

  • The Importance of Choosing The Proper Repertoire of Contention

    Updated: 2012-04-12 05:14:20
    Obviously:

  • Supreme Court Upholds Strip Searches For Any Crime

    Updated: 2012-04-11 19:34:09
    All this adds up to the obvious conclusion that someone who’s arrested for a minor crime committed on an impulse has almost certainly not gone to any lengths to conceal weapons or drugs in their body cavities, or anywhere else on their person.

  • Salem Man, 23 Charged With Perjury, Obstruction of Justice After Lying During Jury Selection in Rape Trial

    Updated: 2012-04-11 16:23:02
    , , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Next Salem Man , 23 Charged With Perjury , Obstruction of Justice After Lying During Jury Selection in Rape Trial April 11, 2012 Posted In : Perjury Sex Crimes By Stephen Neyman , . P.C on April 11, 2012 10:47 AM Permalink Jonathan Ngarambe of Salem , Massachusetts was summonsed as an Essex County juror . During the impanelment process on a Massachusetts Rape Case Ngarambe lied to the judge . On two occasions the judge asked the prospective jurors if anyone knew any of the defendants . Ngarambe never made clear that he did in fact know three of the four defendants and that he went to school with

  • Marblehead Massachusetts Man Pleads Not Guilty to Child Pornography Charges in Lynn District Court

    Updated: 2012-04-05 23:12:47
    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 Marblehead Massachusetts Man Pleads Not Guilty to Child Pornography Charges in Lynn District Court April 5, 2012 Posted In : Child Pornography Sex Crimes By Stephen Neyman , . P.C on April 5, 2012 5:12 PM Permalink Yesterday a Marblehead , Massachusetts man was arraigned on Child Pornography Charges in the Lynn District Court The thirty three year old defendant was charged with Distribution of Child Pornography and Possession of Child Pornography Authorities stated that an Essex County Internet Crimes Task Force identified the defendant in the course of one of its investigations . A Search Warrant was

  • Famous Designer Alexander Wang Faces a Lawsuit Based on Labor Law Violations

    Updated: 2012-04-05 18:51:57
    Employees such as FlorDuante are claiming that Wang provided unsafe working conditions, overworked his employees with approximately 90 hour/week shifts, and wrongfully terminated them after the employees had filed a workers compensation complaint against him.

  • Massachusetts Man Who Defaulted After Posting Fifty Thousand Dollars Found, Faces Multiple Drug Trafficking Charges

    Updated: 2012-04-04 20:30:15
    , 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 Who Defaulted After Posting Fifty Thousand Dollars Found , Faces Multiple Drug Trafficking Charges April 4, 2012 Posted In : Drug Crimes Violent Crimes By Stephen Neyman , . P.C on April 4, 2012 2:30 PM Permalink Last year Joel Pimental of Lawrence , Massachusetts was arrested after he allegedly sold drugs to an undercover officer last year . He was charged with Trafficking Heroin . He posted fifty thousand dollars cash bail . He then defaulted . Yesterday , police officers observed Pimental going into a Weare Street apartment in Lawrence . He was arrested . The police then obtained

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