Category: Criminal law

Defense Shocked: Court Rules Police Can Use Taser to Collect DNA Sample

180px-Taser-x26In New York, Niagara County Court Judge Sara Sheldon Sperrazza has issued a controversial ruling that police can taser a suspect who refuses to voluntarily submit a DNA sample. In this case, Ryan S. Smith sought to suppress DNA evidence that linked him to two crimes because of the use of the force against him. When told of a court order to obtain a second sample for DNA testing, Smith reportedly stated “You are gonna have to Taser me if you want my DNA.” That apparently sounded like a pretty good idea to the officers in the room.
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DOES TURLEY BLOG NEED A NIP AND TUCK?

250px-Ijn_surgeonIt comes to all of us with age. As hairlines recede and waistlines expand, cosmetic surgery becomes more attractive. While this blog is just around 2 years old, in human-to-blog years that is almost middle aged. In the last few weeks, various regulars have suggested that the site needs work to handle the large number of visitors and entries. This is an attempt to see what you would like to do with the site. I view this site as belonging to all of the regulars and I would like to solicit your thoughts on changes that you would like to see from different cosmetic touches to different structure. This entry will also allow discussion of those things (not people) that you least like.
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Justice Department Found to Have (Again) Withheld Evidence and Invalidating Convictions Through Prosecutorial Misconduct

kott-dskohring-dsThe Justice Department has again conceded to acts of prosecutorial misconduct that will result in the release of two politicians from jail in Alaska. In a case with obvious similarities to the botched case of former Sen. Ted. Stevens of Alaska, former Representatives Pete Kott and Vic Kohring will likely be released soon after the Justice Department admitted that it withheld evidence that should have been turned over to the defense. What is most striking is that the same prosecutors were involved in both the cases of Stevens and these state legislators.
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Expired Meter: New York City Police Repeatedly Ticket Vehicle for Weeks With Deceased Driver’s Body Inside

200px-2009-02-26_Red_Hummer_with_parking_citationIt was a great enough shock for the family of George Morales, 58, when his decomposed body was found in his van under the Brooklyn-Queens Expressway underpass. What was even more surprising were the four tickets left by police who repeatedly cited the vehicle without noticing the body.
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A Life in the Law: New Hampshire Man Arrested for 153rd Time Asserts His Self-Taught Legal Training

paul-baldwin-arrested-153-timesJustice Oliver Wendell Holmes famously observed that “the life of the law has not been logic, but experience.” One adherent to this principle appears to be Paul Baldwin, 48, who was arrested for the 153rd time and told a New Hampshire judge “I don’t need a lawyer – I’ve been in this court more than you have.”
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Torpedoed: Former New Jersey Judge Richard Sasso Banned For Life

sasso_richardFormer New Jersey municipal judge Richard Sasso has been permanently banned from the bench by the Supreme Court Advisory Committee on Judicial Conduct. Among the violations found by the committee was Sasso’s abuse of both lawyers and litigants; his presiding over cases while under the influence of alcohol and Vicodin, and improper public conduct including an unpleasant scene at a strip club called Torpedo’s Go-Go Club.
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Texas Police Officer Tasers 72-Year-Old Grandmother Who Refused to Sign a Speeding Ticket

RichardMcCainConstable Richard McCain insists that a grandmother deserved to be tasered in a recent roadside incident to protect himself from a violent attack. The suspect was Kathryn Winkfein, a 72-year-old grandmother, who had refused to sign a traffic ticket. Deputy Chris Bieze tasered Winkfein after she allegedly became belligerent.
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Federal Judge Tosses Out Unlawful Surveillance Cases

gavel2The Obama Administration succeeded yesterday in getting three dozen public interest lawsuits dismissed against telecommunication companies. President Obama voted for the bill that gave the companies immunity and sought to prevent a court from declaring the warrantless surveillance program illegal. U.S. District Court Judge Vaughn Walker also ordered investigations in Maine, New Jersey, Connecticut, Vermont and Missouri to be halted. However, he retained the issue of whether to sanction the Justice Department for its conduct in the case.
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Marine Recuiter Accused of Pimping 14-Year-Old Girl With Two Potential Recruits

150px-USMC_logo.svgPolice in Hemet, California are dealing with a bizarre criminal case after a Marine recruiter was charged with pimping a 14-year-old girl with potential recruits. Staff Sgt. Bryan Damone Cunningham was allegedly caught in a car with two such prospective recruits and police are investigating whether he used the girl as part of his recruitment efforts.

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Seventh Circuit, Sotomayor, and the Second Amendment: Conservative Icons Easterbrook and Posner Support Sotomayor’s View of Right to Bear Arms

easterbrook200px-Sonia_SotomayorposnerThe United States Court of Appeals for the Seventh Circuit has handed down a decision that could play a role in the Sotomayor confirmation process. In National Rifle Association v. Chicago, the Seventh Circuit upheld a Chicago ordinance banning handguns and automatic weapons within city limits. In so doing, it held that the individual right to bear arms is not a fundamental right applicable to the states. It is precisely the hypothetical that some of us discussed in the wake of the Supreme Court’s decision in District of Columbia v. Heller, which recognized an individual right to bear arms in the Second Amendment. It also supports the view of Judge Sonia Sotomayor, who has been criticized for two opinions (including one after the Heller decision) that rejected the right to bear arms as a fundamental right. Sotomayor received indirect support from two unlikely sources: conservative icons Frank Easterbrook and Richard Posner.

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Judge Kent Resigns On Eve of Impeachment Hearing — Effective One Year From Now

Judge Kent-thumb-100x140With hearings scheduled for House Judiciary Committee Task Force on Impeachment, U.S. District Judge Samuel B. Kent has decided to turn in this resignation to President Barack Obama. His lawyer Dick DeGuerin says that the hearings are now unnecessary and Judge Kent will not participate. However, his resignation will reportedly only be effective June 1, 2010.”
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