SIERRA LEONE FIGHTERS CONVICTED OF CRIMES AGAINST HUMANITY

Three leaders of Sierra Leone’s Revolutionary United Front were convicted of various charges including mutilation, terrorism, rape, forced marriage, sexual slavery, and the enlistment of child soldiers by the Special Court for Sierra Leone. The Special Court for Sierra Leone was set up jointly by the government of Sierra Leone and the United Nations to try leaders of the 1992-2002 civil war. Five other leaders were previously convicted but in the most recent trial, Issa Sesay, the leader of the […] Read more »

PRIOR MISDEMEANOR CONVICTION FOR FEDERAL GUN BAN NEED NOT BE FOR DOMESTIC VIOLENCE

The Supreme Court, back from its winter vacation decided United States v. Hayes, In 1996 Congress extended the law banning ex-felon from possessing a gun to include people convicted of misdemeanors involving domestic violence. Under Hayes the prior misdemeanor need not be charged as a crime of domestic violence but it merely be an assault or a threat against one who is in a domestic relationship with the defendant. The term a “crime of domestic violence” is a term of […] Read more »

HOW STUPID CAN YOU GET No.2

Well this one has been making the rounds of the internet for several days but that won’t stop me from using it again. After all it fits so well in my How Stupid Can You Get series. In 2007 Joshua Kay turned on his red light and a siren in his car to pull over another driver for speeding. Only two problems–first he was not a police officer and second the driver of the car he pulled over was a […] Read more »

CALIFORNIA FIFTH DISTRICT COURT OF APPEAL REMAND PAROLE DENIAL FOR RECONSIDERATION

The California Fifth Circuit Court of Appeal in, In re McGraw ordered a new parole hearing for David H. McGraw who is serving a seventeen year to life sentence for the 1980 murder of his twenty-two year old stepson after they both were drinking at a bar. Last year in In re Lawrence and In re Shaputis the California Supreme Court held the primary factor that the Parole Board and the governor must consider is the “continuing risk to public […] Read more »

DC CIRCUIT REVERSES CONVICTION AFTER JUDGE READS JURY UNREDACTED INDICTMENT

The D. C. Circuit Court of Appeals in United States v. Coleman reversed the conviction of Chauncey L. Coleman for possession of a gun by a convicted felon after the trial judge read an unredacted indictment to the jury. Prior to trial the parties stipulated that Coleman had a prior felony conviction. Yet the judge read to the jury the entire indictment including the allegation that he had a prior robbery conviction which involved a gun. On July 10, 2004 […] Read more »

CALIFORNIA COURT REVERSES PROBATION ORDER REQUIRING THE TAKING OF MEDICATION

The Sixth Appellate District of California’s District Court of Appeal found that a probation condition in People v. Murrillo requiring the defendant to take all prescribed medication was vague and that it may have been overbroad. Angela Murillo, age 21, was charged with having sex with a minor, her sixteen year old boyfriend. She was quite remorseful during her probation interview. She told the probation officer that she had taken drugs since she was ten years old and that she […] Read more »

WHAT IS THE CATCH 22 HERE?

The Ninth Circuit Court of Appeals reaffirmed in United States v Garcia-Cardenas that the same conviction used to prove that an alien reentered the country following a criminal conviction can be used to enhance his sentence through his/her criminal history. In determining a Federal sentence under the Guidelines two components are used. First the court determines a guideline for criminal conduct and second it raises the guideline based upon the defendant’s criminal history. Jesus Garcia-Cardenas was sentenced to 70 months […] Read more »

SNITCHES COME OUT AGAINST BARRY BONDS

A couple of weeks ago we raised the question as to whether the U. S Attorney’s case against Barry Bonds for lying to the Grand Jury was based on inadmissible hearsay. It is alleged that Bonds lied to the grand jury when he testified that he had not knowingly taken steroids and he had not received any injections from his trainer, Greg Anderson. But now, according to The San Francisco Chronicle,, former San Francisco Giants catcher, Bobby Estalella has told […] Read more »

CORRUPT JUDGES CONVICTED FOR INCARCERATING JUVENILES IN EXCHANGE FOR KICKBACKS

Two Pennsylvania Juvenile Court judges plead guilty in Federal Court to receiving kickbacks in exchange for sending juvenile to private jails between 2003 and 2007. Luzerne County (Wilkes Barre) j Court of Common Plea judges Mark Ciavarella and Michael Conahan plead guilty in Federal Court yesterday to fraud charges involving the receipt of money in exchange for sentencing juveniles to private jails. Federal prosecutors claim that between January 2003 and January 2007 Ciavarella and Conahan received $2,600,000 in kickbacks. According […] Read more »

DEFENDANT WHO GIVES FALSE NAME TO POLICE ESTOPPED FROM OBJECTING TO PROBATION SEARCH

The California Third District Court of |Appeal held that a defendant who gives a false name to a police officer, misleading the officer into believing that the defendant is not subject to a probation search, cannot later argue that a search was illegal in that the officer did not know that the defendant was on probation at the time of the search, according to Fourth Amendment.com. The court ruled that one who gives a false name, thus preventing a officer […] Read more »