Criminal Law

  • Can Israel Buy Palestinians’ Love?
    by SHG on November 30, 2023 at 11:34 am

    For all the calls to do the untenable, fight Hamas without disproportionately (whatever that means) harming Gazans in the process, no one has yet come up with an actual way to accomplish this. It […]

  • With Crime Surging in DC, Mayor Repaints BLM Mural on Street
    by Michael Rushford on November 29, 2023 at 7:10 pm

    In 2020, as rioters were setting fire to parts of Washington, DC, Mayor Muriel Bowser celebrated the group that organized the riots by painting a two block section of 16th Street NW, right outside […]

  • They Wants, I Do Not
    by SHG on November 29, 2023 at 11:04 am

    It’s bad enough that McWhorter has a point when it comes to the way language develops going forward. It’s a principle in linguistics that things that settle in for good tend to start with young […]

  • Gallup: Majority See Crime Increasing
    by Michael Rushford on November 29, 2023 at 12:09 am

    Two recently released Gallup polls here and here found that 63% of Americans consider crime to be extremely or very serious.   77% of respondents believe that crime has increased in the U.S. while […]

  • Oscar Pistorius Granted Parole in January
    by Jeralyn on November 28, 2023 at 6:09 pm

    After eleven years of ups and downs in his legal travails for fatally shooting his girlfriend Reeva Steenkamp, former Paralympian champion Oscar Pistorius will be released on parole on January 5, […]

  • New Law Authorizing Public Release of Juvenile Information in Limited Circumstances
    by Jacquelyn Greene on November 28, 2023 at 5:28 pm

    One of the central differences between delinquency matters and criminal matters is that juvenile records are not subject to public inspection. This includes juvenile court records (G.S. 7B-3000(b)); […]

  • Tuesday Talk*: After The Ceasefire
    by SHG on November 28, 2023 at 11:25 am

    As the four-day Israel-Hamas ceasefire enters its fifth day, the question remains: What happens when the hostage release comes to an end? The tenuous truce between Israel and Hamas appeared to hold […]

  • The False Racial Justice Narrative
    by Michael Rushford on November 27, 2023 at 11:32 pm

    The socialist/progressive narrative that America’s criminal justice system is systemically racist is endlessly parroted in the mainstream media, although it has been repeatedly proven false.  To […]

  • “Here Is Your Stuff Back, Man”: When Returning a Driver’s License and Registration Doesn’t…
    by Jeff Welty on November 27, 2023 at 3:07 pm

    Consider a fact pattern that takes place every day, all across the country: a police officer stops a motorist for a traffic infraction, runs the motorist’s license through a computer database and […]

  • A Citizen, Until Dr. Sobhani Wasn’t
    by SHG on November 27, 2023 at 11:32 am

    If anyone other than the government had sat on its dirty hands for 61 years, they would be laughed out of court. But when it’s the government, there’s no court and medical doctor Siavash Sobhani […]

  • Drama In Queens
    by SHG on November 26, 2023 at 11:51 am

    They weren’t college students in Portland or elite liberal arts students in Massachusetts. They were students at Hillcrest High School in Jamaica, Queens. And they wanted to be part of the action, […]

  • Paying Attention To Attention
    by SHG on November 25, 2023 at 12:56 pm

    A few years back, my old pal Bennett announced on the twitters that it was going to be the year of attention. This struck a chord with me, as I consider my time and attention to be precious. I may […]

  • 13 Hamas Captives Released
    by Jeralyn on November 25, 2023 at 1:07 am

    24 Hamas hostages were released today. They include 13 Israelis, 10 Thais and one Filipino. The Israeli hostages were all seized at the Nir Oz kibbutz on October 7. They are : Margalit Moses, […]

  • Seaton: Drunk, Drunker And A Dog
    by SHG on November 24, 2023 at 12:09 pm

    Deputy Ernesto Miranda saw a lot in his law enforcement career. From his time as a DEA agent to his current post at the Mud Lick Sheriff’s Department, the veteran cop thought he’d come across […]

  • Quest For Quality, Durability And The Planet
    by SHG on November 24, 2023 at 12:06 pm

    Even though it can be read as a bit too self-promotional, Yvon Chouinard isn’t wrong. As we enter the season of buying, we can choose to buy the newest, shiniest cool thing which will last until […]

  • Israeli Hostage Release Set for 9:00 am ET
    by Jeralyn on November 24, 2023 at 11:00 am

    4:00 am MT (6 am ET): I’ve been glued to the news all evening about the Qatari-brokered deal between Israel and Hamas for a four day pause in fighting during which 50 women and child hostages seized […]

  • Thanksgiving, 2023
    by SHG on November 23, 2023 at 11:59 am

    While there is much happening in the world that causes so many to feel that there is nothing to be thankful for, I refuse to let misery be my guide. Every day brings a new opportunity for things to […]

  • Child Grooming | Texas’ New Sex Crime Law [2023]
    by Melody McDonald Lanier on November 22, 2023 at 7:26 pm

    In September 2023, the Texas legislature passed a child grooming law in an effort to protect minors from sexual abuse and exploitation before it happens. This law is aimed at preventing adults from […]

  • How Prosecutors Use Expert Witnesses in Texas Criminal Cases
    by Robert Guest on November 22, 2023 at 5:21 pm

    For some criminal prosecutions, the government will go to great lengths to influence a jury to convict a defendant. Prosecutors will often retain and call expert witnesses to testify in support of a […]

  • New Trafficking Fines Coming for Heroin, Fentanyl, and Carfentanil
    by Phil Dixon on November 22, 2023 at 5:12 pm

    My colleague Jeff Welty recently wrote about S.L. 2023-123 and changes to our death by drug distribution laws. He mentioned changes to the mandatory drug trafficking fines for certain drugs there, […]

  • Ceasefire Follies
    by SHG on November 22, 2023 at 11:31 am

    The pressure on Israel, on Netanyahu, to bring home the hostages is unbearable, as well it should be. If your loved one was taken hostage by a raping, murderous terrorist organization and held for […]

  • Case Summaries: Fourth Circuit Court of Appeals (Oct. 2023)
    by Phil Dixon on November 21, 2023 at 3:13 pm

    This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during October 2023. Cases of potential interest to state practitioners are summarized […]

  • Study Finds No Effect of Gun Buybacks
    by Kent Scheidegger on November 21, 2023 at 3:13 am

    The Philadelphia Inquirer has this op-ed by Temple University Professor Jerry Ratcliffe and grad student Marc Huffer. Their recently published study adds to the evidence that gun buyback programs are […]

  • LA District Attorney’s Revolving Door for Criminals
    by Michael Rushford on November 20, 2023 at 8:41 pm

    Over the past 18 months Los Angeles police have arrested Dashwan Dow five times for robbery.  On each occasion progressive LA District Attorney George Gascon has refused to hold him, leaving Dow […]

  • R.I.P. Rosalynn Carter and Open Thread
    by Jeralyn on November 20, 2023 at 7:05 am

    Rosalynn Carter has died at age 96, two days after she entered home hospice. She and former President Jimmy Carter were married for 77 years. Here is the statement he issued today. Our […]

  • Soft-on-Crime DA Ousted in DC Exurb
    by Kent Scheidegger on November 19, 2023 at 7:29 am

    The WSJ has this editorial on the DA’s race is Loudoun County, Virginia. Loudoun is an “exurb” county, one county removed from the collar of Virginia and Maryland counties that border the […]

  • News Roundup
    by Shea Denning on November 17, 2023 at 12:00 pm

    The Supreme Court announced on Monday its adoption of a Code of Conduct setting out the ethics rules and principles that guide the justices. In a statement accompanying the rules, the Court stated […]

  • Public Support for Tougher Criminal Justice Rebounds
    by Kent Scheidegger on November 17, 2023 at 5:48 am

    “In general, do you think the criminal justice system in this country is too tough, not tough enough or about right in its handling of crime?” Gallup has asked this question six times since 1992. […]

  • Facing The Truth
    by Michael Rushford on November 16, 2023 at 11:52 pm

    The common denominator among city, state and federal governments controlled by democrats is the belief that the criminal justice system is systemically racist.  To prove this, politicians and […]

  • Sentencing Alternatives for Theft Crimes in Denver
    by Jacob E. Martinez on November 16, 2023 at 5:27 pm

    The bustling city of Denver, Colorado, known for its stunning landscapes and vibrant culture, is unfortunately not immune to the challenges posed by theft crimes. Understanding the sentencing […]

  • State v. Julius, the Automobile Exception, and the Exclusionary Rule
    by Shea Denning on November 16, 2023 at 12:00 pm

    Joanna Julius was riding as a passenger in her parents’ car in McDowell County when the person driving the car crashed it into a ditch filled with water. The driver fled the scene. Law enforcement […]

  • What Is Identity Theft?
    by Tom Petersen on November 16, 2023 at 3:37 am

    Until very recently, it was relatively easy to abandon your true identity and become someone else. Moreover, even “stealing” someone else’s identity rarely resulted in harm to the victim of the […]

  • Alarming Rise in Carjacking by Juveniles in DC
    by Kent Scheidegger on November 16, 2023 at 2:10 am

    Liam Bissainthe has this post at Liberty Unyielding, reporting that carjacking in DC is up 600% over 2019. The post cites this report from WTOP on October 3, reporting that as of that date there had […]

  • Texas Defendant in Assault Case Unsuccessfully Requests Lower Sentence Before District Court
    by Robert Guest on November 15, 2023 at 5:14 pm

    In a recent criminal case before a district court in Texas, the defendant asked the court to find that the trial judge had been biased against him when deciding to sentence him to 50 years in prison. […]

  • Varghese Summersett Celebrates New Space with Ribbon Cutting Ceremony
    by Melody McDonald Lanier on November 15, 2023 at 4:37 pm

    More than 100 friends, family, and community members gathered for a ceremonial ribbon cutting on Tuesday at Varghese Summersett, marking the firm’s relocation to a larger, gorgeous new space. Last […]

  • The Abandonment of Digital Devices
    by Jeff Welty on November 15, 2023 at 11:00 am

    Our cell phones and laptops normally are subject to a reasonable expectation of privacy, meaning that police cannot search them without a search warrant or an applicable exception to the warrant […]

  • Questions of Law: Untangling Admissibility in State v. Gibbs.
    by Joseph L. Hyde on November 14, 2023 at 5:22 pm

    Is fentanyl an opiate?  That’s the question the prosecutor asked a witness in State v Gibbs.  The trial court overruled the defendant’s objection, and the witness was permitted to testify that […]

  • Will I Have to Register As a Sex Offender in Nebraska?
    by Tom Petersen on November 14, 2023 at 4:11 am

    If you were recently charged with a sex offense in Nebraska, you are undoubtedly worried about the outcome of your case. Because you have been charged with a sex offense, however, there is a […]

  • Pittsburgh Voters Reject Progressive DA Candidate
    by Michael Rushford on November 13, 2023 at 9:31 pm

    The former Chief Public Defender of Allegheny County, PA lost his bid to be elected District Attorney last week when he was defeated by longtime incumbent Stephen Zappala Jr. Steve Bohnel of the […]

  • New Bulletin on Pretrial Release in Criminal Domestic Violence Cases
    by Brittany Bromell on November 13, 2023 at 5:35 pm

    I recently finished a new Administration of Justice Bulletin on Pretrial Release in Criminal Domestic Violence Cases. It is available here as a free download. Through a series of questions and […]

  • Is There a Deadline to File a Motion to Dismiss Based on Self Defense in the State of Florida? 
    by Lasnetski Gihon Law on November 13, 2023 at 4:26 pm

    The Florida Legislature has granted immunity from prosecution to any person who acted in lawful self defense.   Fla. Stat. §776.032 provides that any person who acts with justifiable use of force […]

  • Cryptocurrency and the Law: Legal Implications in Denver
    by Jacob E. Martinez on November 10, 2023 at 9:35 pm

    The world of cryptocurrency has rapidly evolved, offering new opportunities and challenges for individuals and businesses alike. However, as the cryptocurrency market continues to grow, so do the […]

  • News Roundup
    by Jeff Welty on November 10, 2023 at 11:00 am

    Police in Boone may have narrowly averted a mass shooting this week. According to WRAL, Peter Gabaree was asked to leave a popular bar in the college town. He went to his vehicle in the parking lot, […]

  • Donald Trump Testifies, Ivanka’s Next
    by Jeralyn on November 7, 2023 at 11:59 pm

    Donald Trump has finished his testimony. Ivanka is next, and last. I suspect Ivanka either will claim a lack of knowledge or inability to recall to questions as to property values. Shorter […]

  • Election Day in America 2023
    by Jeralyn on November 7, 2023 at 10:53 pm

    We get the Government we elect. Please don’t forget to vote.

  • Texas Defendant Asks for Reconsideration in Murder Case; Court Rules that Evidence Supported His…
    by Robert Guest on November 7, 2023 at 5:09 pm

    In a recent case before a Texas court, the defendant appealed a jury’s unanimous decision that he was the shooter responsible for a 2020 drive-by shooting. According to the defendant, the evidence […]

  • Out on Bond Laws in Nebraska
    by Tom Petersen on November 6, 2023 at 10:41 am

    If you’ve been arrested and held in custody for a Nebraska crime, you must typically appear for an initial hearing in county court. At this court hearing, a judge makes specific key findings about […]

  • Solicitation in the Digital Age: Denver Criminal Laws
    by Jacob E. Martinez on November 3, 2023 at 3:36 pm

    In this digital age, our lives are increasingly intertwined with social media and online platforms. While this has brought many benefits, it has also given rise to new challenges, including the issue […]

  • Happy Halloween and Open Thread
    by Jeralyn on November 1, 2023 at 3:02 am

    Happy Halloween to all of you who just love, love, love this holiday. If you costumed up as a real person or character, please let us know who you chose. For any of you who went trick or treating, […]

  • Expert Strategies for Collin County DUI Defense
    by Robert Guest on October 31, 2023 at 2:56 pm

    Driving under the influence (DUI) is a criminal offense that one should never take lightly. Collin County is known for its zero-tolerance approach to DUI, which means that even a single drink can […]