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Criminal Defense News 12/2010



The Teachers Having Sex With Students Epidemic - Los Angeles Criminal Defense Attorney Stephen G. Rodriguez Weighs In
Within the past month, a Los Angeles high school health teacher was arrested for having sex with an underage student and an Orange County high school band teacher was convicted for the same. According to Attorney Stephen G. Rodriguez, “The zero tolerance policy in today’s school system often results in a guilty until proven innocent situation for the teacher. Accused teachers, like any other ...

US v WikiLeaks: A hard case
US authorities could face insurmountable legal hurdles if they try to bring criminal charges against elusive WikiLeaks chief Julian Assange, even if he sets foot on US soil.

A Defense That Could Be Obsolete
Since the attacks of Sept. 11, 2001, no juries have acquitted any terrorism defendants on the grounds that they were induced by law enforcement to undertake their criminal activities.

Xbox-Mod Judge Berates Prosecution, Puts Trial on Hold
LOS ANGELES — Opening statements in the first-of-its kind Xbox 360 criminal hacking trial were delayed here Wednesday after a federal judge unleashed a 30-minute tirade at prosecutors in open court, saying he had "serious concerns about the government's case."

Bar puts attorney Tarquin on probation
One month before criminal defense attorney James Tarquin was sentenced in county court for misdemeanor domestic battery and DUI charges, he had been sanctioned by the Florida Supreme Court, according to a Florida Bar press release.

TRIAL: Defense lawyers ask for mistrial in Pasco body shop slayings case
Defense lawyers in the 1987 body shop slayings asked for a mistrial today when a fingerprint expert

Bollinger to use lack of criminal responsibility defense in murder case
A man accused of causing his wife’s death in the presence of herson has filed notice of intent to use a defense of lack of criminalresponsibility by reason of mental illness or defect at the time ofthe alleged offense.

Judge in Xbox modding trial berates prosecution, halts trial
LOS ANGELES — Opening statements in the first-of-its kind Xbox 360 criminal hacking trial were delayed here Wednesday after a federal judge unleashed a 30-minute tirade at prosecutors in open court, saying he had “serious concerns about the government’s case.” “I really don’t understand what we’re doing here,” US District Judge Philip Gutierrez roared from the bench. Read the comments on this post

Is Washington Politics a Criminal Enterprise?
A Texas jury effectively answered that question in the affirmative last week, when it convicted former majority whip Tom DeLay for money laundering and conspiracy to commit money laundering

Chile to spend more on naval defenses
Valparaiso, Chile (UPI) Dec 1, 2010 Chile is boosting defense expenditure to strengthen its naval defenses against potential threats from drug crime and other contraband activity affecting its maritime frontiers. The Chilean award of a new contract for BAE Systems followed measures by other neighboring countries to increase military spending to counter criminal gangs in the region. BAE Systems ...

Defense says stabbing unintentional
But judge rules there is enough evidence to pursue homicide charges against Leah Lippy.

Death row bottleneck as few lawyers take cases
Thirteen years ago, Edward Patrick Morgan asked the California Supreme Court for a lawyer to investigate and challenge his 1996 death sentence for a murder in Orange County. The court has yet to find Morgan an attorney....

Legality Of Willie Nelson Pot Bust Questioned
The arrest of Willie Nelson at a Border Patrol checkpoint in Sierra Blanca last Friday for pot possession is not sitting well with legal expert Dick DeGuerin, a criminal defense lawyer.

Britain asks Sweden for more details on Assange allegations
British police asked Swedish authorities Thursday for additional details not specified in an initial arrest warrant for Julian Assange, a possible indication that the location of the elusive founder of WikiLeaks is known.

New Arlington Grave Snafu Sparks Criminal Probe
Army Announces Discovery of 8 Urns in Same Grave at Hallowed Site, Launches Criminal Investigation

McCain presses for accountability in WikiLeaks breach
A senior Republican senator pressed Pentagon leadership Thursday as to why nobody -- other than a very junior soldier -- has been held responsible for the leak of thousands of secret national security documents to WikiLeaks.

Prosecutors dismiss Xbox-modding case mid-trial
LOS ANGELES — Federal authorities in the first-of-its-kind game-console-modding criminal trial abruptly dropped their prosecution here Thursday, “based on fairness and justice.” “The government has decided to dismiss the indictment,” prosecutor Allen Chiu told the judge shortly before the jury was to be seated on the third day of trial. The announcement came a day after a whirlwind of legal ...

Defense challenges restitution order
BELLEFONTE — The man who admitted shooting a woman walking her dogs on a Boalsburg trail in M

Attorney Shares Take On Mohamud Phone Video
Criminal defense attorney John Henry Hingson does not think the cell phone video of terror suspect Mohamed Mohamud will help or hurt his case.

Police union to pay for Bisard's defense
IMPD cop faces reckless homicide, criminal recklessness charges in death of Indy motorcyclist.

Police union to pay for Bisard's defense
IMPD cop faces reckless homicide, criminal recklessness charges in death of Indy motorcyclist.

Defense lawyers want video tossed in hot tub sex case
Defense lawyers in Wayzata businessman William Wanner's criminal-sexual conduct case involving a 10-year-old girl worked Friday to prove that video from the Minneapolis Club hot tub isn't reliable evidence.

In Defense of Wesley Snipes
Libertarian Party official denouncing impending jailing of actor.

Mystery man in Chasen killing was career criminal
AP - Whether he was a Hollywood hitman or an ex-con with a big mouth still isn't known.

Should JPJ give discount to traffic offenders?
LONDON, 3 DECEMBER, 2010 : British police asked Swedish authorities Thursday for additional details not specified in an initial arrest warrant for Julian Assange, a possible indication that the location of the elusive founder of WikiLeaks is known, CNN reported and published on it's website.

Mystery man in Chasen killing was career criminal
Whether he was a Hollywood hitman or an ex-con with a big mouth still isn't known.

Not all defendants succeed in apologizing to victims, families
York, PA - Following a conviction, when a criminal defendant finally has a chance to face the victims who were caused pain, the defense attorney typically wants to know beforehand what the defendant is going to say.

Oregon State Bar: Two-Plus Years Later, Probe of High-Profile Lawyer Almost Complete
It’s been two years this week since our story about the Oregon State Bar’s investigation of Gary Bertoni, a prominent Portland criminal-defense lawyer accused of taking money out of his client trust account. The bar took nearly seven months to decide there was enough evidence to warrant an investigation. But today—exactly 29 months after the complaint [...]

'Person of interest' in publicist's killing described as an armed career criminal
One thing is certain about the man who shot himself to death when police converged on him to talk about the killing of Hollywood publicist Ronni Chasen: He was an armed career criminal possibly looking at another stretch in prison.

Defense lawyers want video tossed from hot tub sex case
Paid expert testifies that images from hot-tub camera are of too low a quality to be admitted as evidence.

Family calls for independent probe of shooting death
The family of Richard Poccia, who was fatally shot by Napapolice in front of his Alta Heights home Sunday, is calling for anindependent investigation of his death.

Jay Simon sentencing set for Jan. 14
Sentencing for former Gurnee police officer Jay Simon, convicted of aggravated criminal sexual abuse, was delayed Friday until Jan. 14. Officials have not completed Simon’s pre-sentence investigation, according to Lake County Assistant State’s Attorney Fred Day. Simon faces up to five years in prison, but probation is also possible. Defense …

Prosecutors won't charge actual criminal in Malenne Joseph wrongful-conviction case
Orlando woman was jailed for three months for crime she did not commit Sunday marks the three-year anniversary of a property crime in Orlando in which a young Haitian woman named Malenne Joseph was charged, tried, found guilty and jailed for the felony — an offense she did not commit.

Prosecutors won't charge actual criminal in Malenne Joseph wrongful-conviction case
Orlando woman was jailed for three months for crime she did not commit Sunday marks the three-year anniversary of a property crime in Orlando in which a young Haitian woman named Malenne Joseph was charged, tried, found guilty and jailed for the felony — an offense she did not commit.

Mystery Man in Chasen Killing Was Career Criminal
Documents reveal that Harold Martin Smith, who acquaintances say had boasted of killing Chasen for money, was a convicted felon with a long criminal history.

Mystery man in Hollywood publicist killing was career criminal
LOS ANGELES – Whether he was a Hollywood hitman or an ex-con with a big mouth still isn't known.

Mystery man in Chasen killing was career criminal
LOS ANGELES (AP) – Whether he was a Hollywood hitman or an ex-con with a big mouth still isn't known. One thing is certain about the man who shot himself to death when police converged on him to talk about the killing of Hollywood publicist Ronni Chasen: He was an armed career criminal possibly looking at another stretch in prison, whether he had any connection to Chasen's death or not.

Awards & Achievers
Dee Wampler and Joseph Passanise have once again been recognized as Missouri Super Lawyers in the area of criminal defense by Law and Politics publication for 2010.

Harris-Moore faces more counts
MOUNT VERNON — Add two more criminal counts to the mounting legal case against Colton Harris-Moore, the notorious “Barefoot Bandit” from Camano Island.

Getting Clients Ready for Court
Defendants often need a little help with their look before they go to court, but are not always cooperative.

Family calls for independent probe of shooting death
The family of Richard Poccia, who was fatally shot by Napa police in front of his Alta Heights home Sunday, is calling for an independent investigation of his death.

Attorneys seek edge by swapping judges
Justice isn't always blind in Sonoma County criminal courtrooms.

Reforming the System
After The Inquirer last December spotlighted problems pervading the Philadelphia criminal-justice system, top justices of the Pennsylvania Supreme Court and newly elected District Attorney Seth Williams launched an overhaul. Here are some of the key changes.

After Admission of QEEG Brain Map Evidence, Florida Jury Nixes Death Sentence for Grady Nelson
Defense Counsel Terry Lenamon Details How South Florida Man Escapes Death Penalty for Stabbing Death of Wife after First-Time Admission of QEEG Brain Mapping Evidence (PRWeb December 05, 2010) Read the full story at (link) prweb4863164.htm

Judges, public defenders fighting over who pays for indigent defense
Practice is inconsistent

After Admission of QEEG Brain Map Evidence, Florida Jury Nixes Death Sentence for Grady Nelson
Defense Counsel Terry Lenamon Details How South Florida Man Escapes Death Penalty for Stabbing Death of Wife after First-Time Admission of QEEG Brain Mapping Evidence

Getting Clients Ready for Court
Defendants often need a little help with their look before they go to court, but are not always cooperative.

APS probe: DA's role raises chances of criminal penalties
APS probe: DA's role raises chances of criminal penalties

Toxicology gaffes likely to affect criminal cases in Indiana
The first phase of a wide-ranging audit of the Indiana Department of Toxicology found serious systemic problems in blood testing that will raise questions — and probably spur legal challenges — in numerous criminal cases.

Toxicology gaffes likely to affect criminal cases in Indiana
The first phase of a wide-ranging audit of the Indiana Department of Toxicology found serious systemic problems in blood testing that will raise questions — and probably spur legal challenges — in numerous criminal cases.




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