SOLICITATION FOR PROSTITUTION–A CRIME OF MORAL TURPITUDE

The Ninth Circuit Court of Appeals upheld a decisision by the Bureau of Immigration Appeals (BIA) that solicitation for the purpose of prostitution is a crime of moral turpitude prohibiting an order allowing a foreign citizen to voluntarily depart from the country. The Court held that since a prior decision of the BIA found that prostitution was a crime of moral turpitude and since there is no material difference between prostitution and solicitation for prostitution that solicitation under California Penal […] Read more »

SECURE COMMUNITIES NOW IN 44 STATES

Secure Communities is now active in all or part of 44 states. Secure Communities is the Federal program that allows the Federal Government to use local arrest data to deport undocumented immigrants. It is based on biometric data such as fingerprints of arrestees. Close to 120,000 immigrants have been removed from the country using the Secure Communities program. Originally we were told that the program was voluntary. Then we were told that if a state signed a contract with the […] Read more »

SUPREME COURT GRANTS OFFICERS QUALIFIED IMMUNITY DESPITE QUESTIONABLE SEARCH

The Supreme Court again took up the question of whether to grant police officers summary judgement on qualified immunity grounds in a law suit alleging that the officers violated the plaintiff’s civil rights. Specifically, in Messerschmidt v. Millender the Court reversed a Ninth Circuit en banc decision denying officers summary judgment for an illegal search of a residence. The residence belonged to the plaintiff, Augusta Millender, the former foster mother of Jerry Ray Bowen who was accused of shooting at […] Read more »

SUPREME COURT UPHOLDS DEPORTATION FOR FILING A FALSE TAX RETURN

Akio and Fusako Kawashima plead guilty to tax offenses. Akio plead to willfully making and subscribing a false tax return in violation of 26 U. S. C. §7206(1). Fusako plead to aiding and assisting in the preparation of a false tax return in violation of 26 U. S. C. §7206(2). They are lawful permanent residents, citizens of Japan. The Immigration and Naturalization Service started the deportation process following their convictions. Under the Aliens and Nationality Code (8 U.S.C) anyone who […] Read more »

SUPREME COURT GRANTS CERT ON THIRD CIRCUIT BRADY DISCOVERY CASE

In a highly unusual move the Supreme Court issued a per curium decision and a three justice dissent by Justice Breyer on a Petition for Writ of Certiorari. The appeal in question is from a Third Circuit Court of Appeal grant of habeas corpus ordering a new trial for a 1984 murder conviction and a sentence of death. The allegation is that the District Attorney withheld Brady discovery. The main witness at the trial was a co-participant in the murder […] Read more »

SUPREME COURT LIMITS INMATE’S RIGHTS UNDER MIRANDA

Randall Lee Fields, a prisoner in a Michigan jail was taken from his cell to a separate part of the building sometime between 7:00 pm and 9:00 pm. He was then interrogated by two armed officers for five to seven hours. He was not given his Miranda rights although he was told he could go back to his cell if he wanted to. During the interrogation he admitted to having sexual acts with a 12 year old prior to his […] Read more »

BE CAREFUL ABOUT WHAT YOU SAY ON FACEBOOK

I subscribe to LinkedIn’s White Collar Criminal Defense Attorney Group. Someone posted on it a blog page from Expert Bail Bonds a nationwide network of bail agents listing groups of people who should not be on your Facebook friends list. The author points out that a juror was jailed for three days after sending a friendship request to a defendant in an automobile negligence case. While the author is right that certain groups of people, such as (a)people you do […] Read more »

WE’RE BACK

Apologies–We’ve had some internet connection problems. They seem to be all over and we are back. Thank you for your patience. Zadik Shapiro Read more »

NINTH CIRCUIT UPHOLDS DEATH PENALTY AGAINST DOUBLE JEOPARDY CLAIM

Robert Jeffery Farmer was convicted of two murders in separate trials in Nevada and sentenced to death. Four circumstances in aggravation were alleged. But the three judge panel only made findings as to two statutory aggravating circumstances, both of which involved claims that the murder occurred during the commission of other felonies. It found both of these to be true. After he was sentenced the death penalty was vacated when the Nevada Supreme Court found the circumstance in aggravation unconstitutional. […] Read more »

PROSECUTORS MOVE FOR CHANGE OF VENIRE IN JERRY SANDUSKY CASE

Prosecutors in the Jerry Sandusky trial asked that jurors be chosen from a neighboring county for the Centre County Pennsylvania trial. Sandusky the former Penn State assistant football coach is charged with 52 counts of sexual assault involving ten teenage boys over a fifteen year period. The case has drawn international attention since it involves allegations that the legendary former Penn State Coach Joe Paterno failed to take proper action upon learning of the abuse. The attorney general alleged in […] Read more »