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Constitutional Law Criminal Law

SCOTUS Today To Hear Arguments On Issue Important to Wrongfully Convicted – Literally on a Life or Death Issue

Oral arguments are scheduled today before the US Supreme Court in the case of Shinn v. Ramirez and Jones, a case out of Arizona involving whether defendants who were convicted and sentenced to death could argue in Federal Court that their post-conviction lawyers were ineffective if they did not first make that argument in State […]

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Criminal Law

Behind the Charges Against Michigan Shooter’s Parents

The parents of the suspect in a shooting at Oxford High School in Michigan that left four students dead this week are facing involuntary manslaughter charges in those deaths. For a long time, gun control advocates have been calling for criminal charges to be brought against people who illegally provided guns to mass shooters. But this case […]

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Criminal Law

Today in White Privilege News: Judge Gives No Jail to “Rich-Kid Rapist”

Let me start this blog post by saying that I do not necessarily oppose the non-jail sentence given to Christopher Belter, the now 20-year-old scion of a wealthy Lockport NY family who pled guilty to four violent sexual assaults he perpetrated in his family’s mansion when he was 16 and 17. Niagara County Judge Michael […]

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Constitutional Law Criminal Law

Fed Ct: Officer Immune for Arresting Florida Man with “I Eat Ass” Bumper Sticker on His Truck

In a funny-not-funny example of the wide berth given to police officers under the qualified immunity doctrine, a Federal Court in Florida dismissed a wrongful arrest suit brought by Dillon Webb after he was arrested for displaying an “I Eat Ass” bumper sticker on his truck. Dillon Shane Webb, 23, was stopped on a highway […]

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Constitutional Law Criminal Law

Can a Judge Require a Defendant to Get Vaccinated? Some are.

The NY Times reported yesterday that a State judge and a Federal Judge made getting a vaccine a requirement to a deal with criminally accused person appearing before them. In the Bronx, State Supreme Court Judge Jeffrey Zimmerman was taking the guilty plea of a man accused of drug crimes, trespass, criminal contempt, and shoplifting. […]

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Constitutional Law Criminal Law

Nassau Bill to Add 1st Responders as “Protected Class” is a Bad, Bad Idea

Tomorrow at the Nassau County Legislature, legislators will be debating an expansion of the County Human Rights Law. Now it took decades to get them to add Sexual Orientation to the list of protected classes so maybe they were finally getting around to adding Transgender as a protected class? Nope. Instead, four Democrats ae spearheading a […]

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Constitutional Law Criminal Law

SCOTUS Decision on Juveniles is Harsh and Wrong on Many Levels

Where to begin with a discussion on SCOTUS’ 6-3 decision in Jones v. Mississippi that effectively reinstated Juvenile Life Without Parole (JLWOP or LWOP hereafter)? Do I point out that its author Brett Kavanaugh wept crocodile tears before Congress about how mean they were to hold him accountable for actions and indiscretions he did as […]

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Constitutional Law Criminal Law

Quirky Minn. Law Comes Back to Bite Officer Chauvin’s Defense

It’s an old legal adage and one of my favorites in law that “Bad Cases Make Bad Law.” While the phrase has been interpreted a variety of ways for me its meant that cases that arise out of extreme examples or unique situations often end up creating a law either from judicial decisions or by […]

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Criminal Law

Latest “Karen” Has Media Failure: But Don’t Blame Her Blame Her Lawyer.

News Flash: It is not easy to give a proper media interview while you are actively being charged with a crime. That is why most experienced defense lawyers say “NO” when a client proposes giving a media interview to “get their side of the story out.” If that does not work, say “NO” again and […]