- Unsound statistical analysis misrepresents racial profiling in California police stop databy Elizabeth Berger on January 30, 2023 at 9:53 pm
Findings from the California’s Racial & Identity Profiling Advisory (RIPA) Board’s Annual Report released earlier this month have sparked controversy after the results revealed that nonwhites […]
- May an Officer Stop a Car to Serve an Occupant with a Subpoena or Other Civil Process?by Jeff Welty on January 30, 2023 at 2:02 pm
Suppose that Victor Victim was the victim of a non-fatal shooting. Law enforcement has charged Dan Defendant with the crime, but Victor is not enthusiastic about testifying against Dan and has not […]
- Criminalizing The Impossibleby SHG on January 30, 2023 at 12:33 pm
In the scheme of impossible demands, the sex offender registry concept has more than its share. Much as there may be empathy for certain crimes and criminals, sex offenders remain pariahs as an […]
- Credential Creepby SHG on January 29, 2023 at 12:10 pm
Before my son graduated from college, we talked about his job search. I, font of wisdom that I am, told him about what it was like when I was young. He, more attuned to the current world, told me […]
- Schaumburg Police Release Holiday Enforcement Numbersby James G. Dimeas, Esq. on January 29, 2023 at 12:14 am
Over the holiday weekend, the Schaumburg police conducted their annual “Drive Sober or Get Pulled Over” enforcement campaign. The enforcement campaign ran from December 16 to January 2. The […]
- The Hundreds Who Will Follow Tyre Nicholsby SHG on January 28, 2023 at 11:38 am
As there always are, there will be apologists who will try to explain away a murder. They didn’t mean to kill him, but only beat him to a pulp to show him who’s boss? He should have complied […]
- How to Get CO Assault Charged Droppedby Jacob E. Martinez on January 27, 2023 at 10:37 pm
When you get charged with a crime like assault in Colorado, you don’t simply have to accept the charges – you have the right to fight back. An assault conviction can affect the rest of your life, […]
- Friday Open Threadby Jeralyn on January 27, 2023 at 4:49 pm
Time for a new open thread. Is anyone besides me following the Genaro Garcia Luna trial in Brooklyn? Or the capture of Ovidio Guzman in Mexico? Or watching the new Season 8 of El Senor de los Cielos […]
- News Roundupby Jeff Welty on January 27, 2023 at 2:37 pm
The Associated Press reports here that “[f]ive fired Memphis police officers were charged Thursday with murder and other crimes in the killing of Tyre Nichols, a Black motorist who died three days […]
- Seaton: The Slapfightby Chris Seaton on January 27, 2023 at 12:21 pm
A crowd gathered at Garage 16 on a cold January night in Mud Lick. The air was thick with the smell of booze and cigarettes, a change from the normal odors of oil and machinery. The crowd surrounded […]
- The Fool’s Guide To Person-Firstby SHG on January 27, 2023 at 12:20 pm
Years ago, I came to the realization that calling my client “the defendant” rather than by his name fed into his dehumanization. He wasn’t a person, but a defendant. Similarly, I never called […]
- Federal 11th Circuit Criminal Case Law Update (January 16, 2023 – January 20, 2023)by Lasnetski Gihon Law on January 26, 2023 at 11:04 pm
The “Cite” of the Crime Podcast CASE SUMMARIES Federal 11th Circuit Criminal Case Law Update (January 16, 2023 – January 20, 2023 ) Continue reading
- Virginia Law to Punish Victimsby Michael Rushford on January 26, 2023 at 10:11 pm
On November 14, 1996 Alan Peterson, a Southern California contractor, was leaving a Jack in the Box with his lunch when 16-year-old gang member Lawrence Cottle shot him in the chest while attempting […]
- Case Summaries – N.C. Court of Appeals (Jan. 17, 2023)by Alex Phipps on January 26, 2023 at 2:36 pm
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 17, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free […]
- Is A Unanimous Jury Too Much To Ask For Death?by SHG on January 26, 2023 at 11:43 am
As Judge Peter Kubota ordered the shackles removed from Ian Schweitzer, who served 23 years for a murder and sexual assault DNA evidence showed he likely didn’t commit, perhaps the foremost reason […]
- The Poisoning of Americaby Michael Rushford on January 25, 2023 at 11:53 pm
If a pipeline owned by Dow Chemical or Chevron had leaked toxins that caused the death of 1,000 Americans in a single year, the entire force of the U.S. Government would have descended upon them, […]
- The Common Law is Dead; Long Live the Common Law!by Joseph L. Hyde on January 25, 2023 at 7:37 pm
In State v. McLymore, 380 N.C. 185, 868 S.E.2d 67 (2022), our Supreme Court held that Section 14‑51.3 “supplants the common law on all aspects of the law of self-defense addressed by its […]
- Is “Tradition of Regulation” A Free Speech Exception?by SHG on January 25, 2023 at 11:33 am
The question posed to the original three-judge panel of the Ninth Circuit was whether the state of Washington could prohibit a licensed therapist, Brian Tingley, from advising his patient under the […]
- Juvenile Crime Takes Offby Michael Rushford on January 24, 2023 at 7:42 pm
In the late 1980s roughly one-third of serious and violent crimes in the U.S. were committed by juveniles under the age of 18. In the eight years between 1986 and 1994 the number of violent […]
- Nontestimonial Identification Orders in Delinquency Mattersby Jacquelyn Greene on January 24, 2023 at 3:40 pm
The law that governs the use of nontestimonial identification procedures in delinquency matters is markedly different than the law that governs use of these same procedures in criminal matters. The […]
- Tuesday Talk*: Are Sponsorships The Next Title IX Violation?by SHG on January 24, 2023 at 12:09 pm
When the NCAA was compelled to allow college athletes to enjoy million dollar sponsorships for their name, image and endorsement, many applauded that the students would finally be allowed to partake […]
- Florida District Court of Appeals Criminal Law Update (January 16, 2023 – January 20, 2023)by Lasnetski Gihon Law on January 23, 2023 at 3:41 pm
The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (January 16, 2023 – January 20, 2023) Continue reading
- A Refresher on North Carolina’s Needle Exchange Law and Other Harm Reduction Immunitiesby Phil Dixon on January 23, 2023 at 3:03 pm
In response to the opioid crisis, North Carolina passed several protections designed to alleviate some of the legal liability surrounding drug use in the interest of harm reduction and public health. […]
- In Loco Parentisby SHG on January 23, 2023 at 12:06 pm
While I’m sure they exist, I can’t imagine a parent who believes that someone else, someone at school, would make better choices for their child than they would. Yet, parents believe that […]
- A.I. For The Defenseby SHG on January 22, 2023 at 11:41 am
When Joshua Browder came up with the idea for DoNotPay, a chatbot to walk defendants through the basic handling of parking tickets, it had its merits. After all, many defendants were unable to afford […]
- Texas Court of Criminal Appeals Reverses Appellate Court, Affirming Defendant’s Conviction for…by Robert Guest on January 21, 2023 at 11:23 am
In a recent Texas criminal case, the State petitioned the Court of Criminal Appeals of Texas after a ruling from the Eleventh Court of Appeals found that the Appellant in a criminal case was entitled […]
- What You Need to Know About the Elder Abuse Act Expansionby Wallin & Klarich on January 21, 2023 at 1:04 am
In order to protect elderly persons and dependent adults, the Elder Abuse and Dependent Adult Civil Protection Act was expanded at the beginning of this year. Specifically, the Act was broadened to […]
- Facing a New Year’s DUI? You’re Not By Yourselfby Jacob E. Martinez on January 20, 2023 at 9:20 pm
The new year gives people time to start fresh and focus on goals for the next 12 months. However, charges from the last few moments of the previous year can follow you into the new – especially […]
- Federal 11th Circuit Criminal Case Law Update (January 9, 2023 – January 13, 2023)by Lasnetski Gihon Law on January 20, 2023 at 7:28 pm
The “Cite” of the Crime Podcast CASE SUMMARIES Federal 11th Circuit Criminal Case Law Update Continue reading
- News Roundupby Shea Denning on January 20, 2023 at 11:00 am
The lead story in our December 9 news roundup was the Moore County power outage that resulted from the shooting of two local power substations. This week, several news outlets reported that another […]
- Alec Baldwin Charged in “Rust” Shooting Deathby Jeralyn on January 19, 2023 at 8:17 pm
The District Attorney’s office in Santa Fe has concluded its investigation into the shooting death that occurred during the filming of the movie “Rust”. Alec Baldwin and the film’s armorer, Hannah […]
- Case Summaries – N.C. Court of Appeals (Dec. 29, 2022)by Alex Phipps on January 19, 2023 at 4:30 pm
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 29, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a […]
- Florida District Court of Appeal Criminal Law Update (January 9, 2023 – January 13, 2023)by Lasnetski Gihon Law on January 19, 2023 at 3:47 pm
The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (January 9, 2023 – January 13, 2023) Continue reading
- Latzer and Mangual: The Myths of Mass Incarceration and Overpolicingby Kent Scheidegger on January 19, 2023 at 5:06 am
Here is a very worthwhile event, available online at the Heritage Foundation. Barry Latzer and Rafael Mangual will speak on the topic above at noon EST on Thursday, January 26. We have quoted both […]
- 300 LA Traffic Deaths in 2022, Activists Blame Streetsby Michael Rushford on January 18, 2023 at 10:33 pm
A story by Dakota Smith in the Los Angeles Times reports that traffic deaths in the city have hit a two-decade high. More than half of the deaths involved vehicles hitting pedestrians or people on […]
- Human Trafficking: New SOG Resource Explaining Your Obligation to Make a Report and How the Agency…by Sara DePasquale on January 18, 2023 at 5:14 pm
January recognizes the importance of knowing about human trafficking. The President has declared January Human Trafficking Prevention Month (see the proclamation here). The North Carolina Governor […]
- Case Summaries: Fourth Circuit Court of Appeals (December 2022)by Phil Dixon on January 17, 2023 at 6:17 pm
This post summarizes criminal and related decisions published by the Fourth Circuit Court of Appeals during December 2022. Cases of interest to state practitioners are summarized monthly. Previous […]
- Fast Facts About Fentanyl in COby Jacob E. Martinez on January 12, 2023 at 8:28 pm
Everywhere you go, it seems like you simply can’t get away from hearing about Fentanyl. This drug has caused significant problems in the United States and Colorado, and it’s hazardous if it’s […]
- The Price of Social Justiceby Michael Rushford on January 12, 2023 at 6:00 pm
Wall Street Journal columnist Jason Riley’s recent piece, “The Economic and Human Costs of Protecting Criminals,” breaks down the impact of progressive sentencing reforms enacted across the […]
- Self Defense – Applies to Any Offense Against a Defendantby James Gempeler on January 11, 2023 at 8:28 pm
Self-defense is one of the common affirmative defenses raised in the criminal justice system. As previously discussed in this blog, it permits a defendant to use force in order to prevent harm […]
- Texas Appeals Court Overrules Defendant’s Appeal, Affirming Lower Court Decision in Drug Caseby Robert Guest on January 11, 2023 at 3:30 pm
In a recent Texas drug case, the defendant appealed the trial court decision, arguing that his conviction was the result of law enforcement violating his Fourth Amendment rights, evidence that should […]
- How a Change in Criminal Law May Favorably Alter the Status of Your Deportation or Removal Caseby Anthony A. Fatemi, LLC on January 11, 2023 at 2:56 am
The laws that impact your immigration status are sometimes a complex web traversing multiple areas of law. So, you may wonder, what happens if a criminal statute is amended and that change alters the […]
- OK Denies Murderer’s Spiritual Advisor in Death Chamberby Michael Rushford on January 10, 2023 at 9:02 pm
The Oklahoma Department of Corrections has denied a condemned murderer’s request to have his spiritual advisor with him in the death chamber during his execution Thursday. Sean Murphy of the […]
- Weisselberg Sentenced to Five Months at Rikersby Jeralyn on January 10, 2023 at 8:54 pm
Former CFO of Trump Organization, Allen Weisselberg, age 75, who has worked for the company since the days of Fred Trump, was sentenced today to 5 months at Rikers. He was taken into custody after […]
- The New “To Catch a Predator” is On Social Mediaby William Weinberg on January 10, 2023 at 12:12 am
You may have watched the popular reality TV series “To Catch a Predator” which aired from 2004-2008. In that series, law enforcement would set up adult men who thought they had arranged a tryst […]
- Nebraska Stand Your Ground Lawby Tom Petersen on January 8, 2023 at 4:32 pm
As the debate over gun control continues to rage in the United States, citizens who own guns struggle to keep up with the changing political landscape, and changing laws. The questions are endless. […]
- Can I Still Drive after Being Arrested for DUI in Nebraska?by Tom Petersen on January 7, 2023 at 2:00 pm
Can You Drive After a DUI? Under the best of circumstances, getting pulled over by a law enforcement officer is a giant headache that can ruin a perfectly good day. If you consumed alcohol prior to […]
- Can Drug Offenses Get Sealed in CO?by Jacob E. Martinez on January 6, 2023 at 3:38 pm
Even in states like Colorado that have decriminalized many drugs in specific amounts, drug convictions can haunt you for years. Whenever anyone does a background check on you for a new job, housing, […]
- Why Can’t Kevin McCarthy Take a Hint and Move On?by Jeralyn on January 5, 2023 at 3:40 am
Sometimes in life, you try out for something and don’t get it. Sometimes, you get up and try again. And maybe even a third time. But when you fail at something as many times as Kevin McCarthy has […]
- College Admissions Fraud Leader Rick Singer Sentenced to 42 Monthsby Jeralyn on January 5, 2023 at 3:24 am
Rick Singer, the Pied Piper behind “Varsity Blues”, the Government investigation into rich parents paying Singer , his company and even athletic coaches at colleges for tricks to ensure their kids […]