Criminal

Blog Posts

  • Impressive refreshment of Restoration of Rights Project June 28, 2017
  • Harassment, Domestic Violence and Authenticating Text Messages June 28, 2017 This post examines a recent opinion from the Colorado Court of Appeals: People v. Heisler, 2017 WL 1756277 (2017). The court begins the opinion by explaining "Steven Thomas Heisler, appeals the judgment of conviction entered on a jury verdict finding…
  • "Cashing in on Convicts: Privatization, Punishment, and the People" June 28, 2017
  • Arrested for Bank Fraud in Texas June 28, 2017 When you are arrested for bank fraud in Texas, the charges usually come along with other serious felony charges like money laundering and mail fraud. Identity theft and RICO charges may accompany a bank fraud charge, too. Over the past few years,…
  • Detailberatung der WAK-N zum FINIG vor Abschluss June 28, 2017 Die Wirtschaftskommission des Nationalrates (WAK-N) hat die Detailberatung zum Finanzinstitutsgesetz (FINIG) weitestgehend abgeschlossen (siehe Medienmitteilung vom 21. Juni 2017). Die WAK-N ist vorwiegend dem Ständerat gefolgt. So will auch die…
  • Pledge seeks to end gender violence June 28, 2017 Pennsylvania Gov. Tom Wolf made a pledge last Friday in an effort to end gender violence and also raise awareness of its consequences. The governor's office released a statement to the media about the pledge on Friday. The pledge commits people to…
  • Conspiracy to steal federal funds attorneys June 28, 2017 Conspiracy to steal federal funds has become a very hot topic in New Jersey with the arrests and continuing investigation in Lakewood. Several people have already been arrested. Many others appear to be under investigation. If you think that there is…
  • Remembering Farb June 28, 2017 Our colleague Bob Farb announced his retirement on the blog yesterday. He worked for the School of Government for 41 years, interacted with every group of public officials imaginable, and was highly productive and widely respected. This post…
  • GA: Std of review: If video clear, it controls on its facts and gets de novo review June 28, 2017 Defendant was stopped for driving a motorcycle without a helmet, and alcohol was on his breath. The objective facts from the video show the FST and breath test were consensual. "And, where, as here, the controlling facts are undisputed because…
  • Should I Turn Myself in If There's a Warrant for My Arrest? June 28, 2017 If you learn there's a warrant for your arrest, it's always best practice to consult a criminal defense attorney before you decide to turn yourself in. It's important for you to know the level or severity of the outstanding warrant.... The post…
  • Probation 101 June 28, 2017 If you were in some sort of trouble within the Texas criminal justice system, you may have been placed on probation. You may have many questions, including "What is probation?" This article provides a summary of the basics of the probation sanction.…
  • Consenting to a Search of Your Phone by Driving June 28, 2017 A bill is working its way through the New York Senate that has this curious provision: [E]very person who operates a motor vehicle in the state shall be deemed to have given consent to field testing of his or her mobile telephone and/or personal…
  • OH3: Oral testimony for SW doesn't have to be transcribed before SW served June 28, 2017 Oral testimony in support of issuance of a search warrant did not have to be transcribed and made part of the record before the warrant was served. State v. Wilson, 2017-Ohio-5484, 2017 Ohio App. LEXIS 2544 (3d Dist. June 26, … Continue reading…
  • CA7: Plaintiff's 4A claim was too generalized to state a claim June 28, 2017 In a bankruptcy appeal, the plaintiff's Fourth Amendment claim was too generalized to state a claim. Home Care Providers v. Hemmelgarn, 2017 U.S. App. LEXIS 11412 (7th Cir. June 27, 2017): Moreover, Nightingale's generalized allegations do not amount…
  • S.D.Cal.: Google's email search scanning for CP was a private search; DHS's separate search was "not a significant expansion" June 28, 2017 Google's scanning of email for child pornography is a private search. The DHS review of defendant's emails wasn't a significant expansion of the private search. United States v. Wilson, 2017 U.S. Dist. LEXIS 98432 (S.D. Cal. June 26, 2017): SA…
  • N.D.Fla.: Entry onto 3-4 acre plot for knock-and-talk lawfully entered curtilage June 28, 2017 Defendant lived on a 3-4 acre plot, and police lawfully entered through an open gate to conduct a knock-and-talk at defendant's door. Exactly where the curtilage ends isn't clear, but it certainly was close to the house where they were. ……
  • E.D.Ky.: Google not a state actor when it scans email for CP and reports it June 28, 2017 Google scans all its email for child porn hash values, examines those that are suspect, and reports it to NCMEC. Neither Google nor NCMEC are government actors. United States v. Miller, 2017 U.S. Dist. LEXIS 97383 (E.D. Ky. May 19, … Continue…
  • NYTimes: Why We Shouldn't Drug Test Poor People June 28, 2017 NYTimes: Why We Shouldn't Drug Test Poor People by Jamila Michener and Julilly Kohler-Hausmann President Trump with Gov. Scott Walker of Wisconsin this month. Credit Doug Mills/The New York Times The Senate Republicans' stalled effort to repeal the…
  • Law and Theory of Human Action June 28, 2017 John Hyman, Action, Knowledge, & Will (Oxford Univ. Press, 2015). Dennis Patterson Every once in a while a book comes along that completely changes the way scholars think about their field. In the realm of what is referred to as "Action Theory,"…
  • GA: A field sobriety test is not a "search" June 28, 2017 A field sobriety test is not a "search," recognizing authorities to the contrary. Mitchell v. State, 2017 Ga. LEXIS 545 (June 26, 2017): In his supplemental brief, Mitchell points to decisions of other state courts holding that a field sobriety…