FIVE OFFICERS OF HOLY LAND FOUNDATION SENTENCED TO LONG PRISON TERMS FOR PROVIDING MATERIAL SUPPORT TO HAMAS

Five men formerly associated with the Holy Land Foundation (HLF) were sentenced to 15 to 65 years by United States District Judge Jorge Solis of Dallas for providing material support to a terrorist organization. The jury found that the HLF funneled at least 12.4 million dollars to Hamas. While the Holy Land Foundation claimed to be a charitable organization a jury found that the organization and the five individuals were providing material support to a terrorist organization. The claim is […] Read more »

THE SUPREME COURT: USING A PHONE TO PURCHASE DRUGS FOR PERSONAL USE IS NOT FACILITATION

The FBI tapped Mohammed Said’s cell phone thinking he was a major drug dealer. They heard six conversations between Said and Salman Khade Abuelhawa in which they arranged two cocaine sales to Abuelhawa, each for one gram. A sale of cocaine is a felony and a purchase for personal use is a misdemeanor. But the use of a telephone to facilitate a felonious drug transaction is a felony under 21 USC 843(b). Poor Abuelhawa was charged with six felonies, one […] Read more »

SUPREME COURT OVERRULES MICHIGAN v. JACKSON

In Michigan v. Jackson the Supreme Court held that if a defendant asserts his/her right to counsel at an arraignment or similar hearing any waiver of the right to have counsel present when the police initiate an interrogation is considered invalid. In Montejo v. Louisiana the Supreme Court yesterday overruled Jackson In Montejo, a murder case, the defendant remained quiet while the Louisiana Court at what it calls a 72 hour hearing automatically appointed counsel. But before counsel could meet […] Read more »

NEW TRIAL ORDERED FOR FAILURE TO PROVIDE DISCOVERY

Delray Price was a passenger sitting in the right rear seat of a car driven by Rosie Lewis. A friend of Rosie Lewis sat in the right front seat and another man sat in the right rear seat. Portland police officers saw the car and recognized Price and the other man as being parole violators. They pulled over the car and arrested the two men. Prior to pulling over the vehicle they saw Price bend over. The officers found a […] Read more »

IS KNOCK-NOTICE STILL RELEVANT?

The Sixth Circuit Court of Appeals upheld the conviction of Gary Roberge for attempted manufacturing methamphetamine, possession of a gun in connection with narcotics and possession of materials necessary for the production of methamphetamine. Roberge was arrested after his then 16 year old daughter told the people that she babysat for that her father manufactured meth. They told a reserve police officer who employed them. Cleveland, Tennessee police Lieutenant Brumley then interviewed Roberge’s daughter and then got a search warrant […] Read more »

LORI DREW’S SENTENCING FOR CYBERBULLYING CONTINUED

U. S. District Judge George Wu who presided over Lori Drew’s cyberbullying trial continued the sentencing until July 2. She was convicted of three misdemeanor counts of violating the Computer Fraud and Abuse Act (18 USC 1030) The jury either found her not guilty or hung on felony counts and now the U. S. attorney is seeking three consecutive sentences of one year each for the misdemeanor convictions. One year is the maximum sentence on a misdemeanor. The problem is […] Read more »

MEDICAL MARIJUANA ADVOCATE SENTENCED TO TEN YEARS

Charles “Eddy” Lepp, a Rastafarian minister and an advocate for medical marijuana was sentenced to a ten year mandatory minimum sentence for growing 32,000 marijuana plants. In pronouncing the sentence United States District Judge Marilyn Hall Patel said, “I think that amount of time is excessive, but it’s not up to me,” Furthermore she said that if the law changed allowing her to give Lepp a lesser sentence she would reconsider the sentence. Ironically, Lepp was sentenced on the same […] Read more »

MORE WOES OF A NON CITIZEN

Friday, we looked at the problems that immigrants have with the law. Today we look at another aspect of the problem. Juan Teresco was convicted of attempted assault, an aggravated felony, much like the thee problem of Satbir Singh we discussed, Friday. As a result of his 1997 conviction, Turesco, a citizen of El Salvador was deported. After being deported he came back to the country. In 2006 he was arrested in New York and he gave the name of […] Read more »

THE WOES OF A NON-CITIZEN

One of the hardest things for a criminal defense attorney to do is to deal with with non-citizen clients. Often they face deportation, exclusion, or denial of citizenship in addition to the normal punishment for a conviction. In the years I’ve been practicing I have represented numerous clients that immigrated to this country as young children with their families but have never become citizens. Many of them don’t even speak their “native” language. Many do not have any close family […] Read more »

SEVENTH CIRCUIT REINSTATES CIVIL RIGHTS ACTION FOR IMPROPER EXECUTION OF A SEARCH WARRANT

Several days ago we discussed Unus v. Kane a case in which a Muslim family sued for an alleged violation of its Fourth Amendment rights to be free of unreasonable searches and seizures. Today we take a look at another case in which the plaintiff claimed an illegal search of her residence. Luckily for the plaintiff in this case, Maira Guzman the Seventh Circuit Court of Appeals reversed the trial court grant of summary judgment to the defendant, the City […] Read more »