People v. Banks (Cal. Ct. App., Nov. 20, 2023, No. 2D CRIM. B312618) 2023 WL 8010242, at *1, reh’g denied (Dec. 6, 2023)
Summary: Banks appealed from the judgment after a jury convicted him of human trafficking of a minor. Banks argued that the trial court erred in denying his motion to suppress evidence obtained
Criminal
Looking for “white spaces” in the prosecution’s case
As a junior public defender in Philadelphia, I was always impressed when watching an experienced criminal defense lawyer conduct a cross-examination.
I am thinking of Brian McMonagle, who at one point represented Bill Cosby.
Or Scott DiClaudio, who is now a controversial judge in Philadelphia.
Or Jamie Funt who, as far as I…
Quasi-Public Conduct And The Limits of Consent
While a candidate for the Virginia state house, Susanna Gibson’s online past came back to haunt her. Even so, she came within 1000 votes of winning the race, as the Democrats took the house. She’s now raising the question of whether her consent to putting her sex acts online for money in what she…
Drug Crimes Checklist – Top 10 Florida Defenses Video & Table
Let us help you 813.222.2220 Defending against drug crimes in Florida requires strategic legal maneuvers. Facing drug charges in Florida? Our team at Drug2go.com has your back with straightforward defenses. We challenge illegal searches, question possession claims, and contest Miranda Rights violations. From poking holes in evidence handling to disputing traffic stops, we cover the…
The Mouth On That Cop
For a brief period years ago, my next door neighbor was a cop. Not just any cop, but an emergency services cop who worked on the SWAT team. Nice guy. Pleasant, friendly, helpful to a fault. Never, during that time, did I hear a mean word, no less a curse, come out of his mouth.…
Title IX, Criminal Law and Civil Remedies: How to Approach Concurrent Proceedings
By Naomi Shatz
We have repeatedly discussed on this blog how schools handle sexual misconduct allegations through internal grievance procedures. However, students involved in these processes must remember that the conduct that gives rise to Title IX allegations may also give rise to civil and criminal legal proceedings. Students involved in school misconduct cases need to understand how…
New York Narcotics Convictions Still Aren’t Federal Controlled Substance Offenses
In United States v. Chaires, No. 20-4162 (2d Cir. Dec. 7, 2023) (per curiam), the Second Circuit (Carney, Sullivan, and Menashi) remanded for resentencing, on plain error review, where the defendant was sentenced as a career offender based on New York controlled substance predicates. As our dear readers are well-aware, Chaires follows in the…
Seaton: A Mud Lick Christmas Miracle
It was December in the town of Mud Lick, Alabama and Christmas magic seemed to fill the air.
For one, it was snowing. Mud Lick almost never got snow in the winter months, but this year it came in huge, fluffy white droves. The town’s residents were typical Southerners, which meant everyone was enchanted with…
A Trap Of Their Own Making
Bret Stephens got it right, although to be fair, it wasn’t really a hard question.
The presidents of Harvard, the Massachusetts Institute of Technology, and the University of Pennsylvania testified before a House committee on Tuesday about the state of antisemitism on their campuses. It did not go well for them.
Let’s assume, arguendo,…
Circuit Vacates Two Supervised Release Conditions
In United States v. Rodriguez, No. 22-1820-cr (2d. Cir. Dec. 7, 2023) (summary order), the Circuit (Kearse, Calabresi, and Nathan) vacated two drug- and alcohol-related special conditions on plain error review. At sentencing, the district court imposed a condition requiring Rodriguez to undergo drug treatment evaluation, and “if deemed necessary,” attend outpatient drug treatment.…