Erik Graeff, 42, is a Vancouver lawyer based in Oregon who is accused of taking a dispute with a former co-counsel to an extraordinary level in allegedly firing several shots into the Beaverton office of Terrence Hogan. No one was hit in the office but one bullet barely missed an Administrative Assistant. Graeff is reportedly a former decorated sniper in the Marines.
Category: Criminal law
By Darren Smith, Weekend Contributor
A recent case before the Washington Court of Appeals for Division I highlights what has as a direct result of an increasingly punitive legislation become a perilous trap for a homeless, mentally handicapped citizen–and by extension likely many more.
In February 1998, when he was 23 years old, Jayson Lee Boyd had sex with a 15 year old. On May 27, 1999, Boyd pleaded guilty to Rape of a Child in the Third degree. Boyd was sentenced on July 29, 1999. He has not committed a sex offense since his original conviction. Nevertheless, he is required to register as a sex offender under RCW 9A.44.130 and RCW 9A.44.140. Since his original conviction in 1999, Boyd has been convicted of failure to register as a sex offender three times, all in Skagit County.
Thus his station in life: Seemingly perpetual incarceration is his future.
Below is my column in the Washington Post on the question of whether a president can be indicted while in office. Many academics believe that there is an implied immunity from such indictments in Article II of the Constitution. I do not agree as explained in the column below. Once again, I have stated that I do not see compelling evidence of any prosecutable crimes against President Trump. However, if such evidence did arise and satisfied a grand jury, the Special Counsel could indict even before any impeachment.
Continue reading “Yes, A President Can Be Indicted While In Office”
Two Indonesians have reason to be a tad confused this week after they were publicly whipped according to strict Sharia law. The problem is that they are Christian. However, pursuant to Islamic law in Aceh province, gamblers are to be flogged. They were found to be gambling on Sumatra island and whipped six times each by a robed and masked man.
Continue reading “Christians Flogged For Not Being Good Muslims In Indonesia”
Below is my column in the Hill newspaper on my view of the current evidence of collusion in the Russian investigation. I wrote the column to explain my skepticism over these oft-stated theories. President Donald Trump included my view in a quote in the Trump tweet which triggered something of a torrent of irate emails. He did not misrepresent my views. As explained below, I still do not see the compelling evidence for such a claim. As discussed yesterday, that is obviously not the view of CNN Legal Analyst and former White House ethics attorney Norm Eisen who declared that the case for collusion is now “devastating” and that Trump is “colluding in plain sight.” The column is an effort to actually bring some legal content to this debate. There have been countless hours of broadcast “analysis” but very little of the actual cited evidence and how it could fit with any criminal provision or even credible definitions of collusion.
Here is the column:
I just posted a column detailing why I am “skeptical” of collusion theories against President Donald Trump, a view that the President recently tweeted. CNN Legal Analyst and former White House ethics attorney Norm Eisen responded yesterday to my quote in the Trump tweet with his own analysis that the criminal case for collusion is now “devastating” and that Trump is “colluding in plain sight.” His evidence? Trump’s failure to respond sufficiently to Russian attacks. It does not seem to factor into Eisen’s analysis that the government is responding on various levels, imposed some sanctions, and that the specific means used to combat the Russians is a discretionary policy question that balances a wide array of technical, legal, and diplomatic factors. Nevertheless, Eisen assured the public that the criminal case is now devastating.
Special counsel Robert Mueller’s investigators are reportedly looking into allegations of possible Russian blackmail or “kompromat” over Donald Trump from his prior business dealings and work in Moscow during the Miss America Pageant. Notably, he is also exploring when Trump started to consider his run for President and whether such plans may have started as earlier as 2014 — around the time of the formation of the Russian election operation. Other reports indicate that Mueller is pursuing inquiries into Trump knowledge or relationship with Wikileaks and when he first became aware of the hacking of emails.
We have previously discussed the unparalleled bravery of the women fighting discriminatory Islamic law requiring them to wear veils and limiting their freedoms due to their gender. This is particularly true of the women engaged in protests over compulsory headscarves in Iran. Now however the Islamic regime is cracking down and not just arresting women but charging them with “inciting prostitution.” It is the perfect sexist charge to go with deeply sexist legal system. A woman who asserts her most basic right to expression and religious choices is treated by the Islamic government as fostering prostitutes.
In Chongping, China, a CCTV camera caught a boy urinating on elevator buttons as a disgusting prank. However, he ended up shorting out the controls and become trapped in the elevator in a case of poetic justice.
Continue reading “Urine A Lot Of Trouble: Chinese Teen Trapped in Elevator After He Pees On Buttons”
I am often struck by old mugshots in their stark elements. I came across this mugshot recently of opium and cocaine dealer William Stanley Moore from 1926. The standing shot is a particularly gritty shot of a hardened criminal.
Below is my column in the Hill newspaper on the Gates plea deal and what Special Counsel Robert Mueller could be hoping to achieve beyond sealing the fate of Paul Manafort. In guaranteeing the testimony of Manafort’s close associate, Mueller may have practically limited the options to a plea or a pardon for Manafort. For the moment, Manafort seems more likely to wait for the latter than the former. He chastised his former aide as lacking “the strength to continue the battle to prove our innocence.” Perhaps, but Mueller clearly believes that whatever strength is lacking in Gates as a person will be made up as a witness facing 48-71 months in prison.
Here is the column:
Continue reading “The Gates Plea: Manafort’s Options May Now Run From Plea to Pardon To Prison”
There is an interesting ruling out of Oregon where Charles Hedgpeth was able to successfully challenge his drunk driving charge due to the delay in testing by the arresting officers. Coos County Circuit Judge Richard Barron was reversed in his conviction of Hedgpeth after the Oregon Court of Appeals ruled that the hour and 45 minute delay could have allowed more alcohol to enter his blood in pushing his blood alcohol content (BAC) to .09 — the legal limit is .08. This is a case where time was of the essence for conviction.
Continue reading “Behind The Times: Oregon DUI Conviction Thrown Out Due To Delay In Testing”
The Pittsburgh Post-Gazette is reporting that a prominent lawyer and an animal shelter volunteer has been arrested in a bizarre bestiality case involving his Labrador Snoopy. Ivan DeVoren, 61, is charged with 10 felony counts of animal cruelty, 10 counts of sexual intercourse with an animal in addition to drug charges. After police found crack cocaine and other drugs in his home, they added possession charges.
DeVoren represents energy companies on regulatory challenges and compliance. He has described himself as a “lawyer and philanthropist” according to Heavy.com.
Continue reading “Prominent Pennsylvania Lawyer Charged With Bestiality”
Sheboygan driver, David Neese had a novel defense (and even more novel solution) to being arrested this month on suspicion of theft: he is an actor and would have to perform before surrendering. Neese, 61, proceeded to speed away from police, who clearly did not appreciate a claim of artistic license. He was charged with felony attempting to flee or elude a traffic officer and misdemeanor resisting an officer.
The father of a Florida teen is in a tough position after turning over the phone of his son in what he thought was an investigation into disturbing images of guns on Instagram and Snapchat. Police however arrested Sean Mesa, 18, a student at Dr. Michael Krop Senior High, not only for the improper display of a firearm but for the more serious change of possession of child pornography based on an examination of the phone.