ANOTHER AFRICAN AMERICAN TEENAGER KILLED IN FLORIDA

An African American teenager is shot and killed in Florida by an older white man who later claims self defense. The police find no gun on the deceased. The victim is not Treyvon Martin. It is Jordan Davis, a Georgia native who lived with his father in Jacksonville. Seventeen year old Davis and several friends stopped at a Jacksonville gas station, last Friday, after doing some Black Friday shopping. He was a high school junior. Davis had an after school […] Read more »

COURT UPHOLDS LIFE SENTENCE FOR CHILD PORN CONVICTION

Paul Pavulak was convicted of possessing and attempting to produce child pornography, attempting to entice a minor, and committing crimes related to his status as a sex offender. The Delaware State Police received information that Pavulak was working for his son’s company and that he was viewing child pornography at the office. They got a search warrant and arrested him after pornography was found on two computers and after searching his email. He was convicted and due to his two […] Read more »

CONVICTION FOR BEING A FELON IN POSSESSION OF A FIREARM UPHELD DESPITE MIRANDA AND EVIDENTIARY ISSUES

Eric Murdock was convicted of being a felon in possession of a firearm and sentenced to 216 months in prison under the Armed Career Criminal Act (ACCA). He had three predicate offenses subjecting him to the 15 year minimum sentence of the ACCA. He was released on bail in an unrelated case with the conditions that he not possess any weapons and that he submit his residence to search and seizure. Shortly after he was released a Bureau of Alcohol, […] Read more »

COURT UPHOLDS RIGHT TO WAIVER OF DEPORTATION FOR UNDOCUMENTED IMMIGRANT

Martin Mendoza Leiba (“Mendoza”) entered the country without documents from El Salvador. He got married in 1994. He and his wife have five children. In 1996 his status was adjusted to that of a lawful permanent resident and in 2001 his wife became a citizen. In 2008 he was convicted of receiving stolen property and he was given a suspended sentence. Homeland Security filed removal papers claiming that an alien who, “any time after admission,” was convicted of an aggravated […] Read more »

COURT DENIES SUPPRESSION OF GUN AND SHELLS

Police Officers Derek Sullivan and Emmett Macken observed a small group of men outside a rooming house in Manchester, New Hampshire known for drug activity. It appeared as if a drug deal was in progress. The officers followed two of the men, Joshua Lacy and Bryan Bleau to a parking lot behind the residence. Bleau and Lacy were joined by a third man. A black Honda arrived and Bleau got in the passenger side. The car drove away. After a […] Read more »

VOTE YES ON PROPOSITIONS 34 AND 36

While I do not normally discuss politics on this blog there are two important criminal law propositions on the California Ballot Tuesday. Proposition 34 would abolish the death penalty and replace it with life without parole. Californians should vote for it regardless of how they feel about the death penalty. Since 1978 only thirteen people have been executed in California. Many more have died of natural causes on death row. The current system is is really life without parole while […] Read more »

JERRY SANDUSKY SENT TO SUPERMAX PRISON

Jerry Sandusky the former Penn State assistant football coach who was convicted of 45 counts of child molestation and sentenced to an indeterminant term of 30 to 60 years at 68 years old. After he was sentenced he was housed at a holding facility at Camp Hill near Harrisburg for evaluation until the Department of Corrections could decide on permanent housing for him. They have now decided to place him in the maximum security State Correctional Institution in Greene County. […] Read more »