criminal law

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Latest blogosphere posts tagged “criminal law”

 

• People of the Philippines vs. Quiachon, G.R. No. 170236 , August 31, 2006

  
  Scribbles of a Lunatic Mind — Authority: 111
  Facts: Appellant Roberto Quiachon was charged with the crime of qualified rape. On or about May 12, 2001, the accused, by means of force and intimidation had sexual intercourse with one Rowena Quiachon, his daughter, 8 years old, a deaf-mute minor. Rowel recounted that on the night of May 12, 2001, Rowel saw his ...
  2 days ago

• People vs. Toring, et al 191 SCRA 38

  
  Scribbles of a Lunatic Mind — Authority: 111
  Facts:  A benefit dance was held in one sitio in Lapu lapu City for the last canvassing of votes for the candidates for princesses, attended by the entire family of one of the candidates. Also present were members of the kwaknit gang, headed by Toring, noted for their bird-like way of dancing and their propensity ...
  3 days ago

• Former Prosecutor Sentenced To Three Years For Accepting Drugs For Fees

  
  JONATHAN TURLEY — Authority: 659
  Former Florida prosecutor Aaron Slavin, 34, has received a three-year prison sentence for accepting more than 200 oxycodone pills as payment for legal services in 2010. His wife Eryn Slavin, 34, was also convicted of drug possession, but under the deal with her husband she will avoid jail time. His mug shot sheet ...
  4 days ago

• The AM Roundup: Flipper, Banking on Probation, More

  
  WSJ.com: Law Blog — Authority: 572
  Flipper, but not that one :  The WSJ profiled David Makol, an FBI agent based in New York who specializes in “flipping” people, or persuading them to gather evidence against their closest friends or business allies. Makol played a key role in Wednesday’s arrests of four investment-fund analysts or traders, ...
  1 week ago

• Atheist Arrested In Indonesia For Blasphemy For Writing On Facebook “God Does Not Exist”

  
  JONATHAN TURLEY — Authority: 659
  We have been following the increasing abuse of the legal system in Indonesia, including the application of Sharia law . Now, an atheist (identified only as Alexander) has been arrested and faced five years in jail for questioning the existence of God on his Facebook page. It is the latest blasphemy arrest, ...
  1 week ago

• Detective Comment Not ‘Interrogation’

  
  Weekly Edition — Authority: 120
  Although a detective may have directly addressed defendant, who had asked for a lawyer, when he repeated that a co-defendant had made a statement about deciding to rob a “white lady” and hit her in the head with a brick, the detective’s comments were not the functional equivalent of interrogation, and the ...
  1 week ago

• Appeals Court Can Decide ‘Actual Innocence’

  
  Weekly Edition — Authority: 120
  In reviewing this petition for a writ of actual innocence based on non-biological evidence, the Court of Appeals did not abuse its discretion by making evidentiary findings and dismissing the petition without first referring the case to the circuit court for an evidentiary hearing, and the Supreme Court of Virginia ...
  1 week ago

• Habeas Petition Not ‘Filed’ Without Payment

  
  Weekly Edition — Authority: 120
  A habeas petition was not completely filed until petitioner paid the filing fee, and the Virginia Supreme Court affirms the circuit court’s dismissal of the petition when the filing fee was paid days beyond the limitations period.The last day for appellant to file his habeas petition was Dec. 29, 2008. He submitted ...
  1 week ago

• Library of Parliament Publication on Assisted Human Reproduction in Canada

  
  Library Boy — Authority: 109
  The Library of Parliament recently made public its study of the Legal Status at the Federal Level of Assisted Human Reproduction in Canada (dated 6 September 2011): "The world’s first test-tube baby, the result of fertilizing a human ovum in vitro and transferring the resulting embryo to a woman’s ...
  1 week ago

• Homosexual panic defence

  
  skepticlawyer — Authority: 516
  A good post by Lorenzo on the “homosexual panic defence” and what it means for the status of women and gay men. Please go and read it. I would add that homosexual panic defence has become an issue again after a recent case in Queensland where one of the defendants attempted unsuccessfully to claim the ...
  1 week ago

• SOPA and the Fight for Control of Online Content

  
  Concurring Opinions — Authority: 603
  I have an essay on the SOPA controversy at the Boston Review . My main point: SOPA and its ilk are terrible, but its opponents should rally behind a constructive alternative to promote funding for arts and culture. As I argue there: SOPA has spawned a powerful alliance of netizens to support basic principles ...
  1 week ago

• Law Blog Video: Insider-Trading News Conference

  
  WSJ.com: Law Blog — Authority: 572
  Live video from your Android device on Ustream We’ve seen a burst of activity today in Justice Department’s insider-trading crackdown.  According to the Journal, the FBI arrested four people and charges were unsealed against seven who allegedly participated in a scheme that netted more than $61.8 million in ...
  1 week ago

• Child Porn Charges Against Second Grade Teacher

  
  Boston Criminal Lawyer Blog — Authority: 101
  According to media reports, David Ettlinger—a second grade teacher at Newton public schools—was arrested this week on child pornography charges. Recent updates indicate that Ettlinger, 34, is now also facing charges of indecent assault of a child under the age of 14. Several sexualized images of minors were ...
  1 week ago

• Officer Could Question Counsel Request

  
  Virginia Lawyers Weekly — Authority: 122
  The Virginia Supreme Court agrees with the Court of Appeals that under the facts of this case, two officers could have reasonably viewed defendant’s statement, “That’s what I want, a lawyer, man” as ambiguous and they were permitted to ask defendant clarifying questions.Defendant argues that his statement, ...
  1 week ago

• ID Request Was Consensual Encounter

  
  Virginia Lawyers Weekly — Authority: 122
  A deputy’s initial encounter with a man sitting in his vehicle in a rural driveway where police went to serve felony warrants and request for the man’s license was a consensual encounter and police did not violate defendant’s Fourth Amendment rights when they found cocaine in defendant’s pocket after he ...
  1 week ago

• Whole Record Review Supports SVP Finding

  
  Virginia Lawyers Weekly — Authority: 122
  In a civil commitment of a sexually violent predator under Va. Code § 37.2-900, thefactual determination of whether a respondent is an SVP likely to engage in sexually violent acts is to be based on the totality of the record, including but not limited to expert testimony, and the Supreme Court of Virginia affirms ...
  1 week ago

• Bail Bondsman Needs Va. License for Seizure

  
  Virginia Lawyers Weekly — Authority: 122
  A bail bondsman licensed in another state but not in Virginia does not have authority to enter Virginia and apprehend a fugitive bailee, and the Virginia Supreme Court upholds convictions for attempted abduction and use of a firearm for a North Carolina-licensed bail bondsman who came to Virginia in pursuit of a man ...
  1 week ago

• No Recusal for Capital Resentencing

  
  Virginia Lawyers Weekly — Authority: 122
  The Supreme Court of Virginia affirms two death sentences for Alfredo Prieto for the 1988 capital murder of a young couple, on jury findings of future dangerousness and vileness, after a new penalty phase ordered by this court.Among other appellate claims, Prieto argues the trial judge who presided over the trial and ...
  1 week ago

• SITES UNITE TO STOP SOPA

  
  JONATHAN TURLEY — Authority: 659
  Sites like Wikipedia, Google, YouTube, and Reddit have gone black this morning in protest of The Stop Online Piracy Act (SOPA) , which threatens Internet independence and free speech as well as a host of other rights. We have long discussed the ever-widening array of criminal and civil penalties pushed through ...
  1 week ago

• Who Burned The Senator?

  
  JONATHAN TURLEY — Authority: 659
  We have periodically been faced with a particularly twisted class of criminals who destroy nature, including historic trees ( here and here and here ), out of some deep-seated anger or objectification.  The latest victim is “The Senator,”  a 125-foot-tall bald cypress tree in the Longwood’s Big Tree Park ...
  1 week ago

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