Posts Tagged ‘New Orleans Criminal Lawyer’

Supreme Court granted cert in two criminal cases, Rodriguez v. United States (No. 13-9972) and Ohio v. Clark (No. 13-1352).

Posted by admin on October 13th, 2014

  • In Rodriguez, the question presented, as stated in the petition, is:
  • This Court has held that, during an otherwise lawful traffic stop, asking a driver to exit a
  • vehicle, conducting a drug sniff with a trained canine, or asking a few off-topic questions are “de minimis” intrusions on personal liberty that do not require reasonable suspicion of
  • criminal activity in order to comport with the Fourth Amendment. This case poses the
  • question of whether the same rule applies after the conclusion of the traffic stop, so that an
  • officer may extend the already-completed stop for a canine sniff without reasonable suspicion or other lawful justification.
  • In Clark, the Court will address  (1) Whether an individual’s obligation to report suspected child abuse makes that individual an agent of law enforcement for purposes of the Confrontation Clause; and (2) whether a child’s out-of-court statements to a teacher in response to the teacher’s concerns about potential child abuse qualify as “testimonial” statements subject to the Confrontation Clause.

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Posted in Case Law Update | 10 Comments »

Alabama couple charged with repeatedly raping a 17 year old relative because they wanted a baby

Posted by admin on August 26th, 2014

An Alabama couple has been charged with raping a 17-year-old relative multiple times in an attempt to force her into being a surrogate. Jeremy and Amanda Swann, both 29-year-old residents of Jones, about 40 miles northwest of Montgomery, were arrested on Thursday and have been charged with first-degree rape.  The couple was arraigned on Monday and ordered held on $500,000 bond each.

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Posted in News | 14 Comments »

Father of Cooper Harris Researched How to Live a Child Free Life.

Posted by admin on July 9th, 2014

According to authorities he was sexting several women in the early morning hours.  He had recently researched how children die in the car, how to live a child free life, and how to survive in prison.

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Posted in News | 9 Comments »

Darren Sharper Charges Dismissed in Miami

Posted by admin on June 16th, 2014

Prosecutors dismissed charges against accused Serial Rapist Darren Sharper citing not enough evidence to move forward on the case.  He has remained jailed in Los Angeles after charges were accepted there.  He has not been charged in New Orleans or Las Vegas yet and it is unclear whether he will be.

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Posted in News | 11 Comments »

United States Supreme Court Grants Two Pro Se Appeals

Posted by admin on October 1st, 2012

Well-heeled clients pay tens of thousands of dollars to hit the legal jackpot — Supreme Court review of their appeals. But on Tuesday, the court decided to hear cases filed by two people who couldn’t afford or didn’t bother to hire an attorney.

One was written in pencil and submitted by an inmate at a federal prison in Pennsylvania. The other was filed by a man with no telephone living on Guam.

Neither case seems destined to join the ranks of Gideon v. Wainwright, the landmark 1960s case filed by a prisoner with no lawyer that established a criminal defendant’s right to a lawyer. Both show, however, that when the court is looking to resolve finicky legal issues and the right case shows up, it doesn’t matter whether the author of the appeal wears a natty suit or prison garb.

Longtime Supreme Court practitioner Tom Goldstein called the granting of two such lawyerless cases at the same time “unheard of.” But both cases chosen by the justices will help resolve the ability of civilians to sue the government over claims of improper actions of federal and military employees on the job.

Kim Lee Millbrook, a prisoner at the federal prison in Lewisburg, Pa., sued the government after accusing prison guards at the Special Management Unit of sexually assaulting him in May 2010. Prison officials said Millbrook’s claim was unsubstantiated.

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Posted in Case Law Update, News | 19 Comments »

Arkansas First State in the South to Uphold Medical Marijuana

Posted by admin on October 1st, 2012

The Arkansas Supreme Court on Thursday upheld a proposed ballot measure that, if successful, would make the state the first in the South to legalize medical marijuana.

Justices rejected a challenge by a coalition of conservative groups who had asked the court to block the proposed initiated act from the November ballot or order the state to not count any votes cast on the issue.

The measure would allow patients with qualifying conditions to buy marijuana from nonprofit dispensaries with a doctor’s recommendation. The proposal acknowledges that marijuana is still illegal under federal law, but the Coalition to Preserve Arkansas Values argued that it doesn’t adequately explain that approved users could still face federal prosecution.

“We hold that it is an adequate and fair representation without misleading tendencies or partisan coloring,” the court wrote. “Therefore, the act is proper for inclusion on the ballot at the general election on Nov. 6, 2012, and the petition is therefore denied.”

Arkansas will be the first Southern state to put the medical marijuana question to voters. Seventeen states and the District of Columbia have legalized it in some fashion. Massachusetts voters are also expected to vote on the issue this fall, while the North Dakota Supreme Court ruled a medical marijuana initiative can’t appear on that state’s ballot.

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Posted in Case Law Update, News | 17 Comments »

High Court Will Not Stop Oklahoma Execution

Posted by admin on October 1st, 2012

The Supreme Court won’t overturn a death sentence for a man convicted of killing his ex-girlfriend and her infant daughter in Oklahoma.

The high court on Monday refused to hear an appeal from Raymond Eugene Johnson. Johnson was convicted of two counts of first-degree murder by a Tulsa County jury in 2009 in the June 2007 deaths of Brooke Whitaker, 24, and her 7-month-old daughter, Kya Whitaker. Prosecutors said Johnson beat Brooke Whitaker in the head with a hammer, set her on fire and left her and the baby to burn in their gasoline-doused home.

Oklahoma courts have refused to stop his execution, and the high court now also has refused to intervene.

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Posted in Case Law Update, News | 10 Comments »