A CALL TO REDUCE THE NUMBER OF TERRY STOPS IN NYC

Manhattan Borough President Scott Stringer called for a reduction in the city’s stop and frisk policy. Last year the NYPD made 600,000 stops and this year they will probably make 700,000. Most of the stops are of young African American and Latino men. Over 85 percent of the stops are of non-whites. A young African American or Latino is nine times more likely to be stopped than a white person. Yet only seven percent of these stops result in arrests. […] Read more »

ILLINOIS EAVESDROPPING LAW FOUND UNCONSTITUTIONAL

While most states have laws against secretly taping telephone calls or invading people’s privacy, Illinois’ law is particularly harsh. It is a felony punishable by up to fifteen years in prison to tape or listen to a conversation without the consent of all parties to the conversation. Well its not nice to listen in to a conversation but fifteen years? Michael Allison fixed old cars in his front yard. This violated a city ordinance. He claimed the police were harassing […] Read more »

COURT AFFIRMS SENTENCE FOR VIOLATION OF SUPERVISED RELEASE IN SEX OFFENDER CASE

Brian Charles Olinger plead guilty in 2009 to failure to register as a sex offender. He was sentenced to 15 months in prison and 120 months of supervised release. Among the conditions of his release were that he not view pornography and that he not use a computer with internet access. While checking on another sex offender who stayed in the same hostel as Olinger resided at probation officers learned that Olinger had access to a computer that might have […] Read more »

I’m in trial for the next week. Postings may be somewhat irregular as a result. If you want to know when a a new posting is on line feel free to follow us on Twitter for news of all new postings. Thank You Read more »

NINTH CIRCUIT REVERSES TRANSPORTING UNDOCUMENTED IMMIGRANTS CASE ON DOUBLE JEOPARDY GROUNDS

Recently we seem to be having a run of double jeopardy cases. I don’t believe we should credit the Roger Clemens case for the run but it did seem to start with him. Today, we look at a rather unique Ninth Circuit case. Gabriel Alvarez-Moreno was charged in Federal Court with two counts of transporting undocumented immigrants for profit. Shortly before his trial his attorney and the Assistant U. S. Attorney agreed that a jury trial would be waived and […] Read more »

LESSER INCLUDED OFFENSE CONVICTION REVERSED

José A. García-Ortiz was convicted on three counts: Hobbs Act robbery; aiding and abetting the unlawful carrying and use of a firearm during and in relation to the robbery, and aiding and abetting the death of an accomplice in the commission of an armed robbery. He raised a number of issues on appeal, the most important of which was that convicting him of both using a gun in the commission of an armed robbery and aiding and abetting the death […] Read more »

OVERWHELMING EVIDENCE LEADS TO DENIAL OF WRIT OF HABEAS CORPUS

Jerome Bass was convicted of cocaine related charges in the Federal District Court for the State of Nebraska. He appealed and lost. He then filed a writ of habeas corpus alleging incompetence of counsel. He claimed that his trial counsel failed to make an in limine motion objecting the testimony of one witness, failed to object to the testimony of a second witness, and failed to object to the U. S. attorney’s vouching for a witness during closing. A defendant […] Read more »

APPELLATE COURT PERMITS SENTENCING OF FENTANYL BASED UPON POTENCY

Jose Alvarado-Tizoc, Antonio Duran, and Noe Duran, were convicted of conspiracy to distribute more than 400 grams of substances containing a detectable amount of fentanyl and more than a kilogram of substances containing a detectable amount of heroin. Fentanyl is a prescription synthetic narcotic sold on the streets in a diluted form as a substitute for heroin. Sentences ranged between 121 and 200 months. The defendants obtained significant quantities of the drugs and wholesaled them to street vendors who diluted […] Read more »

ROGER CLEMENS TO GET A SECOND TRIAL

Roger Clemens who’s trial for obstructing a congressional investigation, making false statements and perjury, in connection to his alleged false statement claiming not to use steroids before a Congressional committee, ended in a mistrial will be tried again on April 17. Federal District Court Judge Reggie Walton declared a mistrial on July 14, the second day of trial after the United States Attorney allowed the jury to see a video tape covering subjects Walton had previously excluded from the trial. […] Read more »

COURT REVERSES RECEIPT OF CHILD PORNOGRAPHY CHARGE DUE TO ERRONEOUS JURY INSTRUCTION

Randy Lee Johnson, Jr. was tried in Federal Court on charges of receiving and possessing child pornography. On appeal he claimed that convicting him on both counts violated the Double Jeopardy Clause. Furthermore, Johnson and the government agreed that in instructing the jury the judge erred as to the jurisdictional element of the receipt charge.. The Government agreed that Johnson could not be convicted of both receipt and possession of child pornography without violating the Double Jeopardy Clause. But if […] Read more »