Category: Criminal law

The Answer, My Friend, Is Blowin’ In The Wind: Florida Woman Reportedly Blames Wind For Cocaine In Her Purse

 

kennecia-posey-1523266368Florida police apparently did not buy Kennecia Posey’s explanation that the cocaine found in her purse may have been due to the unusually windy day in Fort Pierce. As Bob Dylan sang, “The answer, my friend, is blowin’ in the wind,
The answer is blowin’ in the wind.”

 

 

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London Mayor: “No Excuses: There Is Never A Reason To Carry A Knife.”

Gillray_-_Napoleon_ragingYou have heard of the NRA but how about KRI or KRO?  Knife rights organizations could well replace the National Rifle Association on the front of weapon control legislation after London’s Mayor Sadiq Khan moved to impose severe limits on knife possession.  It has long been a mantra among NRA supporters that “knives will be next” and Khan has fulfilled that narrative after knife attacks in London pushed the city’s murder rate on par with that of New York City.  Now Khan has declared “No excuses: there is never a reason to carry a knife. Anyone who does will be caught, and they will feel the full force of the law.”

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The Case and Curiosity Of Roger Stone

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Below is my column in The Hill newspaper on the recent disclosure of the investigation of Roger Stone by Special Counsel Robert Mueller and his links to WikiLeaks.  Whether it is his bizarre rantings on Instagram  or continually changing accounts.  Despite the recent focus of the media, neither Stone nor his account offer a strong basis for a criminal allegations.  Absent more evidence, the curious case of Roger Stone is likely to remain precisely that: a curiosity.

Here is the column:

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Teenager Rejects 25 Year Deal . . . Judge Gives Him 65 Years

LaKeith Smit_fittedIn Alabama, Lakeith Smith, now 18, was the subject of a troubling sentencing after declining a 25 year deal in a felony murder case. After being convicted of felony murder, burglary and theft, he was given a 65 year sentence.  Smith however did not kill A’Donte Washington, 16.  The police shot Washington as one of the men involved in the break ins.  The teen surprised many by smirking at the sentence and was reportedly overheard “I don’t have time for this.”  It appears however that is the one thing he has an abundance of.

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Stuck In Denial? Media Struggles With The Fact That Trump Is Not A Target Of Mueller Investigation

donald_trump_president-elect_portrait_cropped440px-Director_Robert_S._Mueller-_III-1Below is my column on The Hill newspaper on the significance (and coverage) of the Washington Post story that President Donald Trump is not a target of the Mueller investigation but only a subject of the investigation. None of this means that the risks for Trump in a sit down interview do not remain high. Even as a subject, he could be accused of false statements — a concern with a President known to go “off script” in meetings.
Here is the column:

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Minnesota Woman Faces 12th DUI Arrest After Arrests and Outstanding Warrants In 10 States

schleicher_mugshot_hpEmbed_13x16_992Tasha Lynn Schleicher, 41, has achieved an ignoble distinction after being arrested for DUI in Illinois.  The arrest of the Minnesota mother of 11 was her 12th arrest in ten states.  She is now charged with two counts of felony aggravated drunk driving, two counts of misdemeanor drunk driving, not having vehicle insurance, driving with a revoked license and transportation of open alcohol while driving.

 

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Have You Seen This Man?

1522857538263Police in Warwickshire, England are looking for this man and I would hope that he is not particularly hard to spot.  Indeed, I am not sure what the burglary suspect resembles more: the character in The Mask or the Cheshire Cat.  I am also not sure who the sketch artist was but he may have previously worked on Ecce Homo in the Sanctuary of Mercy Church near Zaragoza.

 

 

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The Curious Case of The Andrew McCabe Legal Defense Fund

Below is my column in the Hill newspaper on the curious timing of a legal defense fund for Andrew McCabe — started and closed before the release of a report on his conduct.  With the sentencing of the first Mueller defendant, Dutch lawyer Alex van der Zwaan, there are obvious questions of why people like Flynn and van der Zwaan should face prison for single false statements while McCabe is accused of lying four times, including twice under oath.  Mueller’s office insisted that anyone who lies to investigators deserves to be sentenced and punished, but that standard appears to change be somewhat fluid when a former high-ranking FBI official is implicated.  Nevertheless, I can certainly understand McCabe’s interest in a legal defense fund given the ongoing IG investigation and addition of a prosecutor to the team.  However, the money was raised before donors could know the full account of the allegations against McCabe. Moreover, McCabe can use this money for any legal needs as he enters private life.

Here is the column:

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Tandem DUI Driving: Two Women In New Jersey Take Turns To See Who Is Less Drunk . . . Leaving Four Wrecked Cars In Their Path

Gebrüder_OpelPolice in New Jersey are facing a rather novel case of two women in the same car who are both charged with impaired driving because they allegedly took turns driving drunk. Jamila Banks, 24, of Virginia andJanelle Green, 23, switched seats over the weekend.  It did not help. Both women allegedly smashed into cars. It appears that drunk driving is not one of those things that improves with numbers.

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Memphis Store Clerk Charged With Murder In Shooting Alleged Shoplifter

Anwar-Ghazali-and-Dorian-HarrisIn torts, we discussed the long-standing debate over the use of potentially lethal force to protect property.  The common law has long barred the use of lethal force to solely protect property given the value of a human life.  That issue appears at the heart of a first-degree murder case in Memphis where a store clerk followed a teenager out of a store after the teen allegedly stole a beer.  The clerk, Anwar Ghazali, 28, shot and killed Dorian Harris, 17.

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Filing: Rosenstein Expanded Mueller’s Mandate in 2016

Rod_Rosenstein_US_AttorneyThere is an interesting disclosure in the filing this week by Special Counsel Robert Mueller that Deputy Attorney General Rod Rosenstein last August expanded the mandate for Mueller in allowing him to pursue collusion allegations against former Trump campaign chairman Paul Manafort as well as criminal conduct linked to his controversial dealings with Ukraine.  The expansion shows not only the close supervision by Rosenstein but the care taken by Mueller not to exceed his mandate, which was already quite broad.  The disclosure comes in the week with the first scheduled sentencing of a Mueller defendant.  Warning: the story below contains foul language.

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The Proposed Mueller Protections Would Achieve Little While Risking Much For Congress

800px-Capitol_Building_Full_ViewBelow is my column in the Hill newspaper on the push for new legislation to Robert Mueller.  I supported the appointment of a Special Counsel and still believe that Mueller must be allowed to complete his work. However, this legislation would do little in terms of real protection while putting at risk a major piece of precedent from the Supreme Court.

Here is the column:

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Rep: Andrew McCabe Lied Four Times

McCabeRep. Jim Jordan, R-Ohio, who is a member of the House Oversight Committee, revealed late last week that former Deputy FBI Director was accused of lying not once but four times in the still withheld Inspector General’s report.  My column today in the Hill newspaper will discuss this disclosure and the timing of McCabe in securing hundreds of thousands of dollars in contributions through a GoFundMe page.

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Res ipsa loquitur – The thing itself speaks