Dominique Strauss-Kahn is back in the news. Strauss-Kahn gave a statement a recent statement about wanting to be "left in peace". Then , his lawyer declared his defense to the prostitution charges.
First , the defense to a prostitution charge via The Jury Room Blawg . It seems Strauss-Kahn’s lawyer is advancing the defense that
Montana has a Castle Doctrine as a defense to a murder charge. However, it is currently being reexamined. Heather Fredenberg had an affair with Brice Harper. Her husband, Dan Fredenberg, found out about the affair and went to Mr. Harper’s house to confront him. Mr. Fredenburg walked though a open garage door where he was shot and
Should everyone in America blow in a breath test machine before they start their car ? That is exactly what Newsday is proposing in an editorial in reaction to a police officer’s tragic death. Officer Joseph Oliveri was responding to a car accident in which James Ryan hit some cars. It is alleged that Mr.
Federal Judge Richard Posner has recently spoken in favor of legalizing marijuana and abolishing many of the country’s drug laws. What gives more weight to his position is his status. Judge Posner is a widely respected federal judge and is considered a conservative .Here is some of his comments;
"Personally, I don’t think we
Mt. Pleasant High School quarterback Princeton Harlan has been charged with the rape of a child in Maury County. Also, two of his teammates were charged with raping the same victim. The big difference is how they will be treated by the criminal justice system. Harlan is over 18 and will be tried
Jerry Sandusky is going to prison to serve between 30 to 60 years for being convicted of over 40 counts of abusing children. I am not sure of his convictions. The news reports just refer to molesting children or sex abuse. Under Tennessee law, it could be rape of a child or aggravated child
Jerry Sandusky appeared in court today for his sentencing hearing. Pennsylvania is like Tennessee in where the judge sentences a person after the jury determines guilt or innocence. A sentencing hearing is a very important stage of the case.It went poorly for Sandusky and it is likely he will die in prison. Sandusky did two
A 18 year old Massachusetts teen was sentenced to one year in prison after being convicted of vehicular homicide in a texting while driving case. Aaron Deveau crossed over the center line and hit a car killing the driver . Deveau initially stated he was thinking about his homework when he veered suddenly to avoid rear ending a car . As he tried to avoid a crash , he ran into another driver. Prosecutors argued that Deveau was texting and driving. There was evidence of 193 texts that day including one minutes before the deadly crash.
In Tennessee , it is illegal to text and drive . It carries a $50.00 fine. However , law enforcement officials state it is hard to enforce since cell phone use is not banned. Yet the question remains , could someone be charged with vehicular homicide in Tennessee if they we texting and driving. The answer is they could. One could be found guilty if the reckless killing was the proximate result of conduct creating a substantial risk of death or serious bodily injury to a person. From all the data and reports , everyone knows it is dangerous to text and drive. If the state can prove you were texting and driving , it appears they can make their case. However , other factors could be present to avoid a conviction. Remember , the conduct of texting and driving has to be the proximate result of the accidentContinue Reading Teen Convicted of Vehicular Homicide While Texting
I read a blog post today at Simple Justice. Scott Greenfield wrote about whether we put too much into what the Supreme Court rules. Does their rulings affect the criminal defense lawyers in the trenches ? I do agree with his arguments that some in the legal world will analyze a ruling to
It is October 1, and the U.S.Supreme Court is back in session after the summer break. Now if only Justice Thomas will ask a question during arguments. It is a full docket for the court on issues that effect criminal defense lawyers. Here is a brief list of the cases that might impact you in