APOLOGIES

We’ve had problems with the server. But I hope all is well now and we shall be back on track soon. While we’ve been down there have been some exciting criminal cases decided by the Supreme Court, including the Arizona immigration case and a ruling against sentencing juveniles to life without parole. We’ll cover these and others during the next week. Thank you for your patience. Read more »

NINTH CIRCUIT FINDS OFFICERS RELIANCE ON SEARCH WARRANT AFFIDAVIT ENTIRELY UNREASONABLE

James Grant III was convicted of being a felon in possession of a gun. The gun was found in the search of his house. The officers searching his house pursuant to a search warrant were looking for a gun but not the gun that was found. They were searching for a gun used to kill a man. Normally the fact that they found a gun but not the gun they were looking for would make no difference. But here the […] Read more »

THE ZIMMERMANS AND THE TAPING OF JAIL CONVERSATIONS

George Zimmerman is back in custody and his wife Shellie is charged with perjury. Both occurred as a result of recorded telephone calls between them during Zimmerman’s time in custody prior to his being granted bail for the murder of Treyvon Martin. The Zimmermans knew that the calls were being recorded so they spoke in code. This is nothing unusual. I do not know how many cases I have seen which involve jail call or wiretapping where the speakers attempt […] Read more »

SCOTUS REVERSES SIXTH CIRCUIT GRANT OF HABEAS CORPUS

The Supreme Court, Monday, continued its battle against the writ of habeas corpus. It reversed an order granting the writ by the Sixth Circuit Court of Appeals to David Eugene Matthews who was convicted of murdering his estranged wife and her mother. At trial Matthews did not deny killing the women. Rather, pursuant to Kentucky law his attorneys argued that instead if convicting him of murder the jury should have found him guilty of first degree manslaughter, claiming an extreme […] Read more »

SUIT ALLEGES VIOLATIONS OF FOURTH AND FOURTEENTH AMENDMENTS BY NEW YORK POLICE

Last year New York City police stopped 685,724 under a program called “Stop, Question and Frisk.” In addition to detaining these people many of them were searched. According to police officials the purpose for the searches is to find illegal guns. This is a 600 per cent increase in the number stopped since 2002. New York Mayor Michael Bloomberg and Police Commissioner Ray Kelly claim that the program decreases crime and gets guns off the street. But there is one […] Read more »

RACE AND PUNISHMENT OF JUVENILES

A study entitled “Race and the Fragility of the Legal Distinction between Juveniles and Adults” written by scientists at Stanford University shows that White Americans feel that Black juveniles should be punished more severely for the same behavior that White juveniles perform. The scientists took the factual situation from Graham v. Florida but in the description given to half of the participants the scientists inserted the word, “White,” to describe the defendant and in the other half they inserted the […] Read more »

SUPREME COURT GRANTS QUALIFIED IMMUNITY TO SECRET SERVICE AGENTS IN CHENEY CASE

Then Vice President Richard Cheney was at a Colorado mall shaking hands. He was accompanied by a Secret Service detail. Among the Secret Service agents present were Gus Reichle and Dan Doyle. Also present at the mall was Steven Howards, an opponent of the war in Iraq. Doyle heard Howards say, “I’m going to ask [the Vice President] how many kids he’s killed today.” At this point several agents paid increased attention to Howards. Howards approached Cheney and told him […] Read more »

WIRE FRAUD CHARGED IN CALIFORNIA POLICE SCANDAL

Former Danville, California police officer Stephen Tanabe who was charged with arresting men for driving under the influence after private detective, Christopher Butler set the men up to assist their wives get favorable divorce results was charged in a new Federal indictment with wire fraud based on text messages exchanged with Butler prior to his DUI arrest of a man set up by Butler. Still pending are four counts of extortion under color of official right.He was indicted on the […] Read more »