October 2012

Loss of Exhibit Post Trial Did Not Prejudice Defendant

October 29, 2012

On July 9, 2012, the United States Court of Appeals for the Eighth Circuit upheld a lower court’s decision denying a mistrial in a North Dakota case in which defense evidence exhibits disappeared after the conclusion of the trial. A North Dakota district court jury convicted John Fitzgerald Wallette of one count of aggravated sexual […]

Read the full criminal blawg post →

Arkansas Supreme Court Strikes Death Penalty

October 28, 2012

In what is likely to be a short-term abatement of executions in the state, the Arkansas Supreme Court has declared the current statute under which executions are conducted to be unconstitutional. In a 5-2 decision, the court declared that Arkansas’s 2009 death penalty law is unconstitutional, as it ceded authority and discretion in executions to […]

Read the full criminal blawg post →

Court Revisits Broadcast Obscenity

October 25, 2012

The U.S. Supreme Court has issued a decision in FCC v. Fox that overturns penalties in the case, due to the Federal Communications Administration not providing adequate notice to broadcasters that certain use of expletives and partial nudity could be actionable under then-current FCC indecency regulations. The case was consolidated with writ of certiorari to the U.S. […]

Read the full criminal blawg post →

The Oregon Cannabis Tax Act: What Happens if It Passes in November?

October 19, 2012

One of the proposed initiatives that Oregon residents will have the opportunity to vote on in the upcoming November state general election is the Cannabis Tax Act. If this act passes, the laws governing the sale, growing, and use of cannabis, more commonly known as marijuana, pot, or weed, will drastically change. This act has […]

Read the full criminal blawg post →

A motor accident claims firm owner has been jailed for claiming insurance through scam crashes

October 19, 2012

Asif Mallu a claims company owner who made thousands of pounds by claiming series of car accident insurance was described by a judge as ‘outrageous’. Mallu headed a business which was responsible for inflated claims for compensation after a team of hired drivers were paid £500 a time to stage a string of car crashes. […]

Read the full criminal blawg post →

New Jimmy Saville Allegations

October 19, 2012

Anyone who lives in the UK is aware who Jimmy Saville is. Famous both for being a philathropist, and a man of a unique style, the entertainer sadly died in October 2011. Recently many people have come forward with allegations that Saville had sexually assaulted them as children during the 1960s and 1970s. The most […]

Read the full criminal blawg post →

Gary McKinnon’s extradition stalled by the Home Secretary after a long drawn battle

October 19, 2012

The extradition of Gary McKinnon was blocked by the Home Secretary Theresa May bringing cheers to the family and human right campaigners who were opposed to the extradition of Mr McKinnon to the US. The mother of McKinnon Janis Sharp said that she was overwhelmed after a long drawn battle against her son’s extradition who […]

Read the full criminal blawg post →

What To Do When DUI Becomes A Felony?

October 17, 2012

Everybody dreads the idea of being charged with any criminal offense, so most people’s hearts start pounding out of their chest if they’ve had a few drinks and see flashing blue lights behind them on the road. Getting a driving under the influence (DUI) charge is a serious offense which can lead to severe fines, […]

Read the full criminal blawg post →

What Is The Intoxilizer Margin Of Error?

October 16, 2012

Driving under the influence (DUI) of alcohol is considered a serious offense in the United States, so much so that the U.S. Government threatened to pull highway funding from states that didn’t recognize .08 percent as the legal blood alcohol content (BAC) level for driving. Breathalyzers have become the common test for driver impairment throughout […]

Read the full criminal blawg post →

U.S. Eighth District Affirms in Drug Conspiracy Case

October 15, 2012

The U.S. Court of Appeals for the Eighth Circuit upheld the U.S. Federal Court for the Western District of Missouri in convictions of two participants in an elaborate conspiracy to sell and distribute prescription drugs, along with money laundering. The case was United States v. Christopher Elder and Troy Solomon. The matter arose from the late […]

Read the full criminal blawg post →

← Previous Entries