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PAST NEWS PAGE ONE ITEMS
 STATES DRIVE PRISON NUMBERS DOWN FOR MONEY - Yes, we could have a system of "JUSTICE" driving prison population, or we could be saps for political agitation that demands lockups and revenge, or locks up people out of fear, OR perhaps, how many go to jail is more about how much jail we can afford. Seems the mundane answer about money is the real deal:State's can't afford much jail right now! 3/17/2010 THIRD CIRCUIT VACATES INDECENT BEHAVIOR CASE BASED ON 'TRASH TALK' Defendant took the stand and testified there was no sexual intent. Third Circuit sets aside a conviction based solely on statement D made to a youth. Witnesses say it was 'trash talkin' ' Defendant represented by La Appellate Project, Ed Bauman. 3/10/2010 ICE AGENT, FORMER ORLEANS POLICEMAN, PLEADS IN DANSIGER BRIDGE CASE The federal felony of Misprison, similar to 'accessory after the fact' nabs a second subject in the shooting after Katrina. It also casts a cloud on another case in which many of the Dansiger defendants are witnesses. 3/10/2010 RAPIDES MOM VINDICATED ON MURDER, TALKS OF EXPERIENCE Vindicated of intentional murder, a Rapides Parish mom whose kids died in a house fire highlights a story in the Alexandria Town Talk about Justice, and how rough our system has become at dispensing it. 3/8/2010 NEW TRIAL AFTER WITNESS DEAL REVEALED IN PCR Orleans Parish Criminal Court Judge finds violation of Due Process when State withheld word that a felon would get a 'walk' for claiming defendant was the perpetrator of a homicide. 3/8/2010 IGNORANCE IS THIS: SOME ATTACK DOJ RESUME' OF LAWYERS FOR DEFENDING 'TERRORISTS' - ABA PRESIDENT EXPLAINS RIGHT TO COUNSEL TO IGNORANT TALKING HEADS/POLITICIANS ;It took longer than some of us thought it would, but with the ex Vice President and other opportunists trying to smear Criminal Justice as "not effective enough for terrorists", it is no surprise that the next step has been taken. People are attacking AUSA's for having defense work on their resume'! Thanks to the ABA for responding to a flash of tremendous ignorance! Let's see: somebody wants to tear down our system with "terrorism", so we should tear down our system to defeat them. Brilliant. 3/5/2010 LSU TO HOST JUVENILE JUSTICE SYMPOSIUM La Law Review to publish papers presented March 19th. 3/4/2010 US 5th CIRCUIT OK WITH SEARCH BASED ON NEW WINDSHIELD AND CHANGED BRANDFinding that fresh silicon sealant on the windshield and changing the brand plates on the outside of the car could reasonably mean use of a hidden drug compartment, the 5th Circuit finds an exception to the warrant requirement allowing tow-in and take down of car in highway stop. "Trooper Dollar observed that Mercury emblems had been removed from the car and replaced with Ford emblems. The computer check revealed that the car was actually a 2004 Mercury Grand Marquis, which has an identical body to a Ford Crown Victoria". The Court then noted that car has a gap or compartment useful for hiding contraband. That was enough to allow the Texas State Police to tow the car in, take it apart, and find defendant's CDS. 09 10645 US v Banuelos-Romero 3/4/2010 ORLEANS PARISH: "NO MAS"Refusing cases, Orleans PD says lawyers are over reasonable caseloads, according to the Associated Press report posted by WWL TV. 3/4/2010 COURTHOUSE STABBING RAISES SECURITY CONCERN - Livingston Parish Sheriff says M-O-N-E-Y. 3/3/2010 SECRET SNITCH RAISES ORLEANS JUDGE'S TEMP Armed Robber gets free pass for testimony in homicide. Judge notes lack of disclosure to the defense. One key witness was at the scene after the shooting. 3/2/2010 WHEEL CHAIR BEATING VIC LEFT AT CHARITY HOSPITAL IN WHEEL CHAIR: 2005 COVER-UP? - The Times Picayune reports the FBI is looking into a beating death as a Civil Rights case after the strange delivery of the victim to Charity Hospital by NOPD. 3/2/2010 DA and REP IN POLITICAL DUELHaney's 16th judicial district up for split in bill proposed by Senator Troy Hebert. 3/ 1/ 2010 JAILHOUSE COSTS DRIVING JINDAL ADMINISTRATION TO REHABILITATION A cynic would say "its all about the money", but even without a real concern for inmates as humans, Louisiana may have to amp up some effort to rehabilitate. Generally in Louisiana, time in jail is literally sitting in a steel and concrete cage without anything to do. The blowhards for hard time ignore the costs, until it starts to cut into the rest of the state budget. 3/2/2010 SCOTUS GRANT IN LAP CASE RAISES CONFRONTATION ISSUE ON VIDEO 'INITIAL REPORTS' 09-6208 D. G. V. LOUISIANA "The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated, and the case is remanded to the Court of Appeal of Louisiana, Fourth Circuit, for further 1 consideration in light of Melendez-Diaz v. Massachusetts, 557 U.S. ___ (2009)." LAP Attorney Annette Roach explains that this case may impact State's use of Video with claim "witness is available" and under Melendez-Diaz could require State to call. TRIAL COUNSEL MUST PRESERVE THIS ISSUE BY OBJECTION OR MOTION IN LIMINE. 3/1/2010
IN HOUSE OF IRON - MELISSA POCHE DOES OVER 6 MONTHS: NO CHARGESA mentally ill woman whose misdemeanor charges were refused by the DA in East Baton Rouge languished for six months in the Parish Jail. Her family says she is in bad shape now, after finally being released this week. She was shipped out to East Carroll Parish due to jail overcrowding during her wait for charges. 2/ 26/ 2010 LAWRENCE TRIBE TO HEAD DOJ INDIGENT DEFENSE PROGRAM The Department of JUSTICE will have Constitutional Scholar Lawrence Tribe head up a special unit devoted to legal services for the poor in Criminal Justice. This is part of a continued, major policy initiative of the Obama Administration and Eric Holder. 2/26/2010 ALABAMA 'SPANKING JUDGE' DISBARRED - skipping sensational allegations of sexual misconduct with defendants, Alabama has disbarred a Circuit Judge based on finding that he "paddled young defendants" . . . . it is of course fascinating that so many people in authority try to make up sanctions, or law, when we have plenty enough rules on just about every imaginable issue already! 2 26 2010 LOHMAN GUILTY IN DANSIGER BRIDGE COVER-UP Feds get Plea for New Orleans cop for "obstruction of justice" in senseless shooting of civilians in Katrina aftermath. WWL Reports: “Including the fabrication of stories that were not true. The fabrications of statements. The fabrication of a 17-page report. The planting of a firearm. As one of the final things, actually Mr. Lohman lying to special agents of the FBI as recently as 2009,” said U.S. Attorney Jim Letten. FACTUAL BASIS NARRATIVE agreed to in the Plea shows a corrupt cop who saw a "bad shoot" by his peers, and despite two deaths, joined in a conspiracy to cover up the facts. A State Judge dismissed State charges of murder in two deaths. The factual basis says Lohman knew there were no guns on the civilians. Federal investigators say they started on the case when a State Judge dismissed charges. Overt acts included planting a gun to justify the murder of a retarded New Orleans man, making up fake witness statements of unarmed victims shooting guns off the bridge, rehearsing and other outrages. 2/24/2010 DESALVO UNCONCERNED FOR HIS CLIENTS TIMES PICAYUNE COVERAGE INCLUDES BACKGROUND, PRIOR INVESTIGATIVE WRITE-UP Paper could get another Pulitzer for Dansiger write-ups JUVENILE VIOLENCE SPARKS YOU TUBE AND INTERNAL AFFAIRS Females fighting: a current Juvenile violence plague? Teenage girls fighting on a Lafayette Street on Mardi Gras lead to a posting of phone video on You Tube (since 'removed by user') and questions about an officer screaming and shaking a kid. The photographer says an officer tried to seize his phone. KLFY TV in Lafayette still has the video up. 2/24/2010 END OF EDWARDS V ARIZONA? - SCOTUS SAYS TWO WEEKS IS DURATION OF MIRANDA ! MARYLAND V SHATZER Writing that Shatzer's return to prison population amounts to a "break in custody" for Miranda purposes, Scalia writes for a unanimous court (with concurrences by Thomas and Stevens) that "Because Shatzer experienced a break in Miranda custody lasting more than two weeks between the first and second attempts at interrogation, Edwards does not mandate suppression of his March 2006 statements." The court adopts a 14 day cooling off period as reasonable for the duration of an Edwards protective shield - apparently police can "see you in two weeks" without running afoul of Edwards - but how many times a year or a month? There is some remarkable language here: "Without minimizing the harsh realities of incarceration, we think lawful imprisonment imposed upon conviction of a crime does not create the coercive pressures identified in Miranda ." The Court finds that convicted inmates live in prison, therefore the kind of "custody" of concern in Edwards does not apply: they go back into population and are no longer in the Edwards kind of "custody"!"It seems to us that period is 14 days. That provides plenty of time for the suspect to get reacclimated to his normal life, to consult with friends and counsel, and to shake off any residual coercive effects of his prior custody."". . . when it is determined that the defendant pleading Edwards has been out of custody for two weeks before the contested interrogation, the court is spared the fact-intensive inquiry into whether he ever, anywhere, asserted his Miranda right to counsel."" . . . . we are not talking about “reinterrogating” the suspect; we are talking about asking his permission to be interrogated. An officer has in no sense lied to a suspect when, after advising, as Miranda requires, “You have the right to remain silent, and if you choose to speak you have the right to the presence of an attorney,” he promptly ends the attempted interrogation because the suspect declines to speak without counsel present, and then, two weeks later, reapproaches the suspect and asks, “Are you now willing to speak without a lawyer present?” 2/24/2010 DEFENSE CITES D.A. FACEBOOK IN MOTION FOR NEW TRIAL - Defendant claims ADA's postings on Face Book show bias sufficiently to warrant a new trial for Somali convict. 2/24/2010 SEX OFFENDER CITY The Atlantic Monthly reports on exclusion zones for sex offenders that create housing problems. One landlord has made his niche in Florida with a GPS and navigation to locate safe islands for the outcasts, but many are going back to life under the highway. 2/24/2010 TV GUIDE - MSNBC PRISON REALITY - James Parker reviews MSNBC's Lockup for the Atlantic Monthly - probably not something everybody wants to watch, and no surprise to those of us who have visited, but compelling it bringing brutal reality to life. 2/24/10 SCOTUS DROP KICKS 'DEMEANOR OBSERVED' AS NOT REQUIRED FOR BATSON - "Batson plainly did not go further and hold that a demeanor-based explanation must be rejected if the judge did not observe or cannot recall the juror’s demeanor" Continuing the recent trend of issuing PerCuriam rulings without briefing beyond the application and without argument, the Court finds that Batson and Snyder do not require a trial court have a recollection of demeanor of the juror or counsel in weighing the proffered basis for a peremptory challenge. This is a FIFTH CIRCUIT case out of Texas Thaler v Haynes, 09 273, U.S. 2/22/2010 (Per Curiam)SCOTUS REJECTS "DE MINIMIS" TALISMAN FOR EXCESSIVE FORCE 1983 CLAIM - "Because the District Court’s approach, affirmed on appeal, is at odds with Hudson ’s direction to decide excessive force claims based on the nature of the force rather than the extent of the injury, the petition for certiorari is granted, and the judgment is reversed." In another PerCuriam, the Court finds no basis for a Summary Dismissal based on the District Court finding injury was minor, holding that the Eighth Amendment does not include such, and reinstates the Petitioner's claim. There is no requirement for "serious injury" under the Eighth Amendment. Wilkins v Gaddy 08-10914 2/22/2010 EXTRA PRINTS NOT EXCULPATORY ENOUGH-DISTRICT JUDGE DENIES PCR - Judge Willard found that extra prints, not disclosed to the defense at the time of trial did not rise to the level of exculpatory evidence sufficient to justify a new trial for a 60 year old inmate represented by the Innocence Project. 2/21/2010 US FIFTH CIRCUIT: SEX OFFENDER FACES CRIMINAL LIABILITY, EVEN IF STATE HAS NO REGISTRYSORNA requires a sex offender to "register, and keep the registration current , in each jurisdiction where the offender resides, is an employee, [or] is a student." 42 U.S.C. section 16913(a) . . . Court says it is no defense that States have not set up the mandated registry provisions where the offender lives. 2/17/2010 DEATH ROW INMATES SUED - Louisiana has filed suit: against 84 Death Row Inmates. Yes. In an effort to apply "quick taking" to life, the DOC has filed a Civil Suit to declare lethal injection "ok", and inmates on the Row have been served. (no right to counsel in civil court?) 2/17/2010 GOEMANN LEAVES NLADA/ACCD - Staffer Richard Goemann has announced his departure from NLADA this week to take a post with D.C. Law Students in Court Program, (LSIC), a nonprofit clinic for third year law students. It is one of the largest and most successful legal service providers in the District of Columbia. Each year students from 5 participating schools, (American, Catholic, George Washington, Georgetown, and Howard universities) make over 500 court appearances (hearings and trials) and provide critical legal assistance to nearly 6,000 low-income residents. BEST WISHES W/THANKS !2 /17/2010 SCOTUS JUSTICE SEES TOO MUCH JAIL - NY Times quotes Justice Kennedy of SCOTUS in Law School speech about how we have too many in jail. Of course this Court considers the ultimate decision one for the Legislature, and, along with Louisiana Courts, will generally not find a statutorily sanctioned sentence to be "excessive". Trial Courts have the final say in most cases, though there is still an "Appeal of Right" at least in the law. 2/17/2010 Take a look at site traffic here over the past few months: HUGELY REMARKABLE!! October 2009 - January 2010 - 18,612 visitors; monthly average over 4,600 REPORT Link Thanks, even if that's quite a small number of guests, compared to the New Orleans Saints!! 2/12/2010 FAMILIAL DNA - now here's a great idea: run not a perp's DNA, but have a bank of some family member, run it even though you don't suspect the actual person whose DNA you run: it let you see that the perp is a relative, and you can then run all the members of the fam, and viola: el perpetra! 2/12/2010 JAIL DOLLARS, LSP FACE NEXT ROUND OF CUTS - 26.4 million is coming off the budget for Public Safety, including cancellation of the next "Police Academy" of LSP. Anyone think maybe we could include "fiscal impact" in sentencing? Why is the Crim Justice system alone given free rein to spend? 2/14/2010 |
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