Results matching “first”

MO to Execute Man who Killed Teen:  A Missouri death row inmate who was convicted of murdering a teenage girl in 2001 to avoid going back to prison after rear ending her vehicle is scheduled to die by lethal injection Tuesday evening.  Sarah Forhetz and Gene Hartley of KY 3 report that 55-year-old David Zink murdered 19-year-old Amanda Morton, whose body was discovered strangled in a cemetery with a broken neck, and her spinal cord had been sliced with a knife.  Zink is part of a lawsuit along with a group of other death row inmates filed against state officials, alleging its lethal injection protocol is unconstitutional.  He will become the fifth inmate executed in Missouri this year.

Gang Violence in Chicago Continues to Claim Lives:  The body count continues to rise as gang violence surges in Chicago, with 28 shot and six killed before the weekend even came to a close.  Warner Todd Huston of Breitbart reports that one of the victims is a one-year-old who was being pushed in a stroller by his mother when a car fleeing a gang shooting jumped a curb and ran him over.  Another victim, a 12-year-old, was shot in the leg in a South side neighborhood, but survived.  Since the start of the year, 1,416 people have been shot in the city.

Lawyer Charged in CA Kidnapping that Police Called a Hoax:  A disbarred Harvard-trained attorney has been charged with the March kidnapping of a California woman that law enforcement initially determined was a hoax.  Fox News reports that Matthew Miller was charged last month in a home-invasion robbery that shared similarities to the kidnapping, which alerted authorities to his possible involvement.  In March, the 29-year-old woman was abducted in Vallejo by kidnappers who demanded an $8,500 ransom, though she turned up safe in her hometown of Huntington Beach hours before the ransom was due, claiming to have been dropped off.  The victim's boyfriend, present in the Vallejo home during the time the woman was allegedly abducted, maintains that the kidnapping was real.  Law enforcement continues to investigate.

More than 1,800 Illegal Immigrants Committed Crimes After Release:  A report released by the U.S. Immigration and Customs Enforcement (ICE) on Monday reveals that more than 1,800 immigrants that the federal government wanted to deport were instead released into American communities only to be re-arrested for an array of offenses.  The AP reports that the top crimes for which illegals were re-arrested for included drug violations and drunk driving, though examples of more severe offenses were cited in the report as well.  Over 250 jurisdictions across the country, some of which are regarded as "sanctuary cities," have stopped honoring immigration detainers, a policy that led to the release of illegal immigrant Juan Francisco Lopez-Sanchez, who went on to murder 32-year-old Kathryn Steinle in a busy San Francisco tourist area.

Son of Police Captain Charged in Connection with ISIS Terror Plot:  The son of a Boston police chief, who was one of the first responders at the scene of the 2013 Boston Marathon bombings, has been arrested and charged in connection with a plot to engage in terrorism on behalf of the Islamic State, or ISIS.  Dan Hausle and Victoria Warren of WHDH report that 23-year-old Alexander Ciccolo's conversation with a cooperating witness was audio-recorded, in which he shared plans to set off improvised explosive devices in crowded areas such as college cafeterias and attack police stations.  He is also charged with being a felon in possession of firearms.

Courts Could Give SF Sanctuary in Potential Suit Over Illegal Immigration:  The parents of Kathryn Steinle, the young woman killed this month by an illegal immigrant, say that they have not yet begun to consider legal action against the city of San Francisco for the immigration policies some are blaming for their daughter's death, though past attempts to sue "sanctuary cities" would indicate that the possibility of a lawsuit overturning the policy is miniscule.  Perry Chiaramonte of Fox News reports that if the Steinles decide to sue, criminal defense attorney Anna R. Yum says that the key to winning the case would be to show "that the city violated a state or federal law aimed at preventing violent crimes by illegal aliens."  Convicted felon and five-time deportee Juan Francisco Lopez-Sanchez shot and killed Kathryn Steinle on July 1 as she walked along a pier with her father.  

Do criminals owe a debt to society, or is it the other way 'round?  

The 46 sentence reductions [Obama granted today] are the most presidential commutations in a single day since at least the administration of President Lyndon Johnson, according to the White House. Overall, Obama has commuted sentences of 89 people, surpassing the combined number of commutations granted by Presidents Ronald Reagan, George H.W. Bush, Bill Clinton and George W. Bush.

They represent a sliver of all those seeking clemency: Justice Department statistics show that roughly 2,100 commutation petitions have been received so far this fiscal year, and about 7,900 are pending.

White House counsel Neil Eggleston predicted the president would issue even more commutations before leaving office, but added that "clemency alone will not fix decades of overly punitive sentencing policies."

The president this week is devoting considerable attention to criminal justice. In addition to his speech Tuesday [to the NAACP Convention] in Philadelphia, he is to become the first sitting president to visit a federal prison when he goes to the El Reno Federal Correctional Institution outside of Oklahoma City on Thursday. He'll meet with both law enforcement officials and inmates.

President Obama will make a trip to a federal prison in Oklahoma and will meet with, among others, inmates.  "Inmates" is another word for "criminals."  The story is here.

California Attorney General Kamala Harris released four annual reports on July 1 regarding crime and juvenile justice in the state, the summary for which can be read here.  The reports "present statistics for reported crimes, arrests, disposition of adult felony arrests, adults placed on probation, full-time criminal justice personnel, citizens' complaints against peace officers, domestic violence related calls for assistance, and law enforcement officers killed or assaulted."

The four reports, titled Crime in California 2014, Homicide in California 2014, Hate Crime in California 2014, and Juvenile Justice in California 2014, show an overall drop in crime rates in the state.  However, AG Harris' reports do not accurately represent crime rates in the state; rather, her reports show her proficiency at cherry picking statistics.  Here are some things she decided was not worth including:

Surge in LA Crime in First Six Months of Year:  Overall crime in Los Angeles through the first six months of the year has risen by about 12 percent, ending more than a decade of consecutive declines dating back to 2003.  Kate Mather and Ben Poston of the LA Times report that violent crime in the city has jumped 21 percent, particularly in the category of aggravated assault, and property crime has climbed 10 percent.  In April, Los Angeles Mayor Eric Garcetti faced criticism after announcing plans to double the number of LAPD's elite, tactical metro police officers to swarm high-crime neighborhoods, due to public belief that their presence would "undermine years of progress the department has made in building better relationships with communities."  It is unclear whether the expansion of LAPD's Metropolitan Division has had an impact on the city's crime rates.

Gun in SF Killing Stolen from Federal Agent's Vehicle:  The gun used in the shooting death of a woman walking on a San Francisco pier last week was stolen from a vehicle belonging to a federal Bureau of Land Management agent, sources say.  Sara Sidner and Ed Payne of CNN report that illegal immigrant and six-time deportee Juan Francisco Lopez-Sanchez shot and killed 32-year-old Kate Steinle last Wednesday as she walked along the busy pier with her father.  Investigators are still determining how Lopez-Sanchez ultimately obtained the weapon, which was the agent's personal firearm, not official.  Note: stealing a firearm valued at under $950 in California is a misdemeanor under Prop. 47, adopted last fall with the high profile  support of San Francisco District Attorney George Gascon. 

Missing Baby's Body Found in River:  The body of the infant, who was reportedly being held by his father as he plunged from a bridge into the Connecticut River on Sunday night, has been recovered.  Shawn R. Beals and Alaine Griffin of the Hartford Courant report that 7-month-old Aaden Moreno's father, 22-year-old Tony Moreno, and his mother were in the middle of filing a child custody application after a judge refused to grant the mother a restraining order against Moreno because he was not convinced of a "continuous threat of present physical pain or physical injury."  Tony Moreno was rescued from the river, hospitalized and arraigned on murder and capital felony charges.

Illegals Make Up 37% of Federal Sentences in FY 2014:  Though only 3.5 percent of the U.S. population, illegal immigrants accounted for 36.7 percent of federal sentences in FY 2014 following criminal convictions, according to the U.S. Sentencing Commission (USSC).  Caroline May of Breitbart reports that when broken down categorically, illegal immigrants represented 16.8 percent of drug trafficking cases, 20 percent of kidnapping cases, 74.1 percent of drug possession cases, 12 percent of murder convictions and 91.6 percent of immigration violations.  The USSC does not include state or death penalty cases and only has data for federal offenders sentenced under the Sentencing Reform Act of 1984.

Top 5 Districts for Criminal Cases on Mexican Border:  A staggering 41.7 percent of federal criminal cases filed nationwide by attorneys in U.S. district courts in FY 2014 were in the five districts that sit along the U.S.-Mexico border, according to the U.S. Justice Department.  Terence P. Jeffrey of CNS News reports that the same five border districts - located in California, Arizona, New Mexico, Southern Texas and Western Texas - also had the most defendants found guilty as a result of cases filed in U.S. district courts.  A single U.S. attorney's office in Western Texas had a total of 5,832 cases filed in FY 2014, while the sum of every federal case filed in the 17 U.S. district courts spanning the Canadian border totaled at only 5,257.

Prison Riot Sparks Concern of Escape:  Unrest that began at a privately run Arizona prison on July 1 and lasted for days following a corrections officer's attempt to stop an inmate-on-inmate assault has prompted Gov. Doug Ducey to initiate a probe into the facility that has a history of security problems.  Bob Christie of the AP reports that a full-blown riot broke out on July 2, resulting in trashed housing units and injured guards and inmates.  The rioting has some worried of an escape occurring amid the chaos; especially considering prisons Director Charles Ryan's scathing review regarding the facility's security flaws and poor operational practices.  Thousands of inmates have been transferred to other facilities while the damage is repaired.

 

NYPD on High Alert for Terror Attack:  The Tri-State area is on hyper-alert for the threat of a terror attack during the Fourth of July holiday as the Islamic State (ISIS) continues to actively radicalize people in the area and orders their followers to "kill the enemy" during the Ramadan holiday.  CBS New York reports that five people have been arrested in New York and New Jersey recently on terror-related charges, the latest being 23-year-old Alaa Saadeh, who is believed to be part of a group planning to detonate a pressure cooker bomb at a New York landmark.  The Department of Homeland Security has ordered the NYPD and 18,000 other law enforcement agencies across the nation to be "especially vigilant and prepared."

Bill Aims to Stop Illegal Immigrant 'Catch and Release' Practices:  Congressman Matt Salmon has introduced a bill that aims to halt criminal alien "catch and release" practices, in response to the murder of a young Arizona man at the hands of an illegal immigrant who was out on bond after a burglary conviction.  Nicole Garcia of Fox News 10 reports that Apolinar Altamirano shot and killed 21-year-old convenience store worker Grant Ronnebeck over a pack of cigarettes.  HB 2941, or "Grant's Law," requires U.S. Immigration and Customs Enforcement to keep criminal aliens detained for at least 90 days, after which they would be put in the front of the line for deportation.

Chicago Communities Brace for Violent Weekend:  As the Fourth of July weekend approaches, Chicago's South and West side residents brace for the "seemingly inevitable" violence that has come to be associated with the celebration.  Jeremy Gorner and Lolly Bowean of the Chicago Tribune report that last year's Fourth of July festivities resulted in 14 people dead and 66 wounded in just 3 ½ days, many of which were attributed to gang violence.  Homicides and shootings have risen sharply in the city in the first half of 2015, prompting law enforcement and even trauma doctors to mentally prepare for what the weekend may bring.

NY Prison Escapees Broke Out Twice:  David Sweat, one of the two convicted murderers who broke out of a New York prison and went on the run for weeks before being shot and captured, told authorities that he and his accomplice Richard Matt, fatally shot by police while on the run, conducted a "dry run" of their escape the night before their plan reached fruition.  Fox News reports that Sweat claims to have used a hacksaw blade to cut holes in the steel walls of his and Matt's cells and in the 24-inch steam pipe they crawled through to reach the catwalk in the bowels of the prison, where they reached the outside of the prison through a manhole.  He also claims that the two navigated the pipe from 11:30 p.m. to 5 a.m. in the days before their planned breakout.  As details of the plan continue to unfold, more Clinton Correctional Facility prison officials are being put on leave, including the superintendent, his deputy and 10 other employees.

It's been a busy day in the wake of Glossip.  The case has drawn a lot of media attention.  We will have some links to coverage tomorrow.

Tomorrow I will be on a teleforum with the Federalist Society at 2:00 p.m. ET.

SCOTUSblog is having a symposium on the case.  The first post to be published is by Alabama SG Andrew Brasher, a co-amicus on our side of the case.

I have sent in my entry.  I will post the last section after the break.  I'll have a link to the The full post when it is available on SCOTUSblog.

Update:  The posts by Deborah Denno and Stephen Schwinn are available now.  They are not happy campers.

The opinion is here, 5-4, by Justice Alito.  I will have more later.

Update:  At the end, the opinion of the Court says,

Finally, we find it appropriate to respond to the principal dissent's groundless suggestion that our decision is tantamount to allowing prisoners to be "drawn and quartered, slowly tortured to death, or actually burned at the stake." Post, at 28. That is simply not true, and the principal dissent's resort to this outlandish rhetoric reveals the weakness of its legal arguments.

There is a side debate between Justices Scalia and Thomas and Justice Breyer regarding the constitutionality of capital punishment itself.  At first glance, Justice Breyer's argument appears to be all the usual stuff we have refuted time and again.

Update 2:  CJLF has this press release.

Myron Magnet minces no words in the City Journal:

Twenty-three prior arrests, including menacing someone with a machete five years ago, and this madman is still walking the streets? Seeing a passerby's video of Sook Yeong Im, a pretty young Korean tourist, lying on the 40th Street sidewalk after crazy career criminal Frederick Young, 43, had twice slashed open her arm with his viciously honed weapon--exposing muscle fiber and sending blood spurting everywhere--brought back in an instant the knot of fear New Yorkers carried in their stomachs in the pre-Rudy Giuliani era, when out-of-control crime was killing not just one person every four hours, 365 days a year, but also was killing Gotham itself. That the assault occurred in Bryant Park at 11:30 on a sun-drenched early-summer morning, as the victim was looking for a seat after her yoga class, seemed to unravel just about every gain that the tireless efforts of thousands over 20 years had achieved to make New York once more the capital of the world. Suddenly, it seems we're back to Son of Sam or the Wild Man of West 96th Street.

The subtitle of the piece, BTW, is It's De Blasio Time, and madmen with machetes are on the loose.

Policies, Criticisms Hinder Border Protection:  The El Paso-area U.S. Border Patrol union is calling on the National Border Patrol Council to address policy changes that limit agents' ability to do their jobs and that open them up to public scrutiny.  Aaron Martinez of the El Paso Times reports that the biggest issue facing Border Patrol agents is that they are being "vilified" for incidents involving use of force, despite the fact that their use of lethal force is seven times lower than the national average.  Another problem involves recent policy changes, one in which restricts agents from searching for drugs at train and bus stations.

Most Illegal Immigrants Skipped Court Date:  New data reveals that the policies implemented last year to address the surge of Central American immigrants across the border has failed to stop the influx of thousands more this year, the majority of whom don't show up to court when charged with a crime.  William La Jeunesse of Fox News reports that according to statistics released by the Department of Justice Executive Office of Immigration Review, 84 percent of those adults with children who were allowed to remain free pending trial absconded.  The "credible fear" argument often used by Central American immigrant women and children is rejected by judges 92 percent of the time, making running away is a good option.

Dallas Murder Rate on the Rise:  The month of June in Dallas, Texas has been a violent one, with 22 homicides in 22 days, an 18 percent increase.  J.D. Miles of CBS DFW reports that last June, there were only seven homicides.  The Dallas Police Department has not yet commented on possible causes or solutions.

Stabbing Suspect Released Then Rearrested:  A Sacramento man, arrested Sunday for attacking three men with a knife, was released on bail Monday.  Ben Egel of the Sacramento Bee reports that Timothy Brownell 25, assaulted three local musicians in midtown at about 11:45 p.m. Sunday evening stabbing one man in the side, one in the arm and cutting a third in the hand.  Following Brownell's release on bail Monday, police issued a new warrant for his arrest after learning that the assault may have been a hate crime.  One may ask why was this clearly dangerous suspect granted bail in the first place?    

Along with the underlying Fourth Amendment question, Los Angeles v. Patel, decided today by the U.S. Supreme Court, has some interesting discussion about facial versus as-applied attacks on statutes (or ordinances).

Can a court really "strike down" a statute, as we so often casually say when discussing a constitutional case?  No, not really.  Repeal of a statute is a legislative function.  The theory of judicial review, as explained way back in Marbury v. Madison, is that the court must decide the case, and if the higher law of the Constitution points to one result and the lower law of the statute points to the other, the higher law must govern.  That does not wipe the statute off the books, though.  The statute at issue in Marbury gave the Supreme Court the authority to issue writs of mandamus, and it still had that authority under that statute after Marbury as long as it exercised the authority in its appellate jurisdiction, such as issuing it to control a lower court, and not by expanding its original jurisdiction beyond constitutional limits.

But can a court decide that a statute is completely void?

Violent Crime Up in Sacramento:  A spike of assaults and robberies has brought violent crime in Sacramento, CA to a 25 percent increase this year, though it "doesn't necessarily point to a yearlong trend."  Richard Change of the Sacramento Bee reports that aggravated assaults and robberies have both risen by 23 percent, rapes have increased by 59 percent and homicides jumped 27 percent in the first five months of 2015.  Former Sacramento County Sheriff John McGinness believes that the AB 109 prison realignment program and Prop 47 are the cause of the city's growth in crime.

SC Continues to Fight for Drug Supply:  South Carolina Gov. Nikki Haley publicly stated that the 21-year-old man who shot dead nine churchgoers during a Bible study at a historic African American church in Charleston, South Carolina "absolutely" should be put to death, though the state continues to struggle to secure one of the drugs needed for lethal injection.  Seanna Adcox of the AP reports that the state's supply expired in 2013 and is not permitted to purchase any more, according to Corrections Director Bryan Stirling.  The state currently has 44 inmates on death row and carried out its last execution in 2011.  The church shooter, Dylann Roof, is due back in court in October.  His execution order is still years away.

Manhunt for Escaped Killers Heats Up:  The manhunt for escaped New York murderers Richard Matt and David Sweat has energized after their DNA was reportedly found in a burglarized cabin 20 miles west of the Clinton Correctional Facility from where they escaped.  Law enforcement has neither confirmed nor denied the new information while the investigation is still active.  Matthew Diebel of USA Today reports that law enforcement has encouraged the public to be vigilant and on high alert for the two suspects, but to remain extremely cautious.  The two inmates used power tools to break out of the maximum-security prison near the Canadian border on June 6 and have been at large ever since.

Five States Have No Hate Crime Laws:  In the wake of the tragic shooting last week in which a white man shot and killed nine black parishioners inside of Charleston's historic Emanuel AME Church, the state is unable to pursue hate crime charges against defendant Dylann Roof because there is no such law on the books.  Rudy Williams of Local Memphis reports that South Carolina is one of just five states that have no hate crime laws, along with Arkansas, Georgia, Michigan and Wyoming.  . 

In Davis v. Ayala, the Supreme Court today once again touched on the question of how the habeas corpus reforms enacted by Congress in 1996 interact with the limitations created in case law in the two decades prior.

Ayala claimed that the prosecution exercised peremptory challenges of jurors based on racial bias.  The trial judge permitted the prosecutor to state his legitimate reasons for the challenges to the judge, without the defense attorney present, and rejected the defense's claim.  On appeal, the California Supreme Court said that it was error under state law to exclude the defense.  It did not answer the question of whether that was a federal constitutional error because, if it was, it was harmless beyond a reasonable doubt, the standard required on direct appeal under Chapman v. California.  That is, the record was sufficiently developed that the court could say it would have made no difference if defense counsel had been in the room.

Three years before AEDPA, when federal courts in habeas corpus were still redeciding from scratch issues already fully considered by the state courts, the Supreme Court decided in Brecht v. Abrahamson that a judgment would not be overturned on collateral attack unless there was actual prejudice.

With the enactment of AEDPA and the "deference" standard, should a federal court decide (1) if the state court's "beyond a reasonable doubt" holding was "reasonable"; (2) if there was "actual prejudice" under Brecht; or (3) both?

President Obama made some remarks about the Charleston church massacre. They were notable both for what they included and what they omitted.

 "We don't have all the facts, but we do know that once again innocent people were killed in part because someone who wanted to inflict harm had no trouble getting their hands on a gun," he continued. "Now is the time for mourning and for healing, but let's be clear: At some point, we as a country will have to reckon with the fact that this type of mass violence does not happen in other advanced countries.  It doesn't happen in other places with this kind of frequency."

Before a prisoner can file a habeas corpus petition in federal court collaterally attacking his state conviction, he must first exhaust all his remedies in state court.  See 28 U.S.C. §2254(b).  Additional rules governing federal habeas corpus require that the federal court look at why the state courts denied relief.

The "procedural default" rule says that if the prisoner failed to make his claim in the manner and within the time required by established state rules, and the state courts rejected his claim for that reason, the federal court cannot consider the claim either unless one of the exceptions to the rule applies.  (Actual innocence is an exception.)  What does the federal court do when the last state court decision simply says "denied" but an earlier decision has a full explanation?

Way back in 1991, in the case of Ylst v. Nunnemaker, CJLF helped establish the "look through" rule.  Is that rule still in effect?  The Supreme Court today turned down a case on that question, but Justice Ginsburg shared some thoughts on the question even while agreeing that this case was not the right vehicle to resolve it.

Debated to Death:  In this piece in the Register-Guard, District Attorney Joshua Marquis discusses the relentless political, legal and moral debate surrounding capital punishment in the wake of conservative Nebraska's decision to abolish the death penalty.

Murderers Who Escaped Prison Have Grisly Pasts: As day three ensues in the manhunt for New York inmates David Sweat and Richard Matt, the convicted murderers who busted out of prison in upstate New York, schools in the area have ramped up security and a prison staff member is being questioned as a possible accomplice.  Barbara Goldberg and Scott Malone of Reuters report that Sweat was serving a life sentence for killing a sheriff's deputy, and Matt was convicted of breaking the neck of a 76-year-old businessman and dismembering his body.  The escapees, the first in to break out of the maximum security prison in 150 years, are described as "really dangerous individuals."

Released Felon Kills Officer: A probe into the circumstances surrounding the release of a repeat offender who went on to murder a police officer is being conducted by New Mexico's attorney general.  The AP reports that 28-year-old Andrew Romero fatally shot officer Gregg "Nigel" Benner on Memorial Day.  Romero, a convicted felon, was on probation for crimes that warranted a 13-year jail sentence.

Sheriff Joe: Dems Want Immigrants For Votes:  Arizona Sheriff Joe Arpaio says that Democrats are interested in immigration reform mainly because of their belief that the newly legalized residents will vote for Democrats when they eventually obtain voting rights.  WND reports that President Obama's former immigration adviser Eliseo Medina previously boasted that granting citizenship to millions of illegals would "ensure a 'progressive' governing coalition for the long term."  Arpaio notes that illegal drugs crossing the border are the main issue the nation should be focusing on regarding immigration, rather than obtaining voting rights for them.

Judge & Lawmakers Seek Shut Down Of Detention Centers: As U.S. Immigration and Customs Enforcement works to expand two large detention centers in anticipation for the next wave of migrant families from Central America, a federal judge and Congressional Democrats are working to shut them down completely.  Breitbart News reports that House and Senate Democrats are demanding an end to family detention and improve conditions at detention centers.  The Department of Homeland Security argues that the centers are "necessary to stamp out widespread belief among migrants that the government is doling out 'permisos' for them to stay."

Men In Child Sex Sting Worked With Children: Among the 22 men arrested in a Florida undercover child sex sting were employees at Disney's Magic Kingdom, SeaWorld and Universal Studios, and one was a youth counselor.  Fox News reports that the men, who made arrangements online for sex with agents posing as underage girls, displayed "outrageous and deviant" communications and desires, according to Polk County Sheriff Grady Judd.  The theme parks have terminated the suspects arrested in the sting.

Life imprisonment in maximum security guarantees that a murderer will never leave the prison, right?  Wrong.  Apparently it is possible to get one's hands on power tools even in the "max."  AP reports:

Two convicted murderers used power tools to cut through steel and shimmied through a steam pipe to escape from a maximum-security prison near the Canadian border, leaving behind a taunting note urging authorities to "Have a nice day."

The elaborate escape Saturday from an upstate New York prison had hundreds of local, state and federal law enforcement officers searching through the night for one man imprisoned for killing a sheriff's deputy and another who dismembered his boss.

Hack Exposes Millions of U.S. Workers: At least four million current and former government employees have had their personal data hacked in one of the largest breaches of its kind, believed to have originated in China.  Ted Bridis, Ken Dilanian and Eric Tucker of the AP report that the breach was first detected in April, but appears to have started sometime last year, with the main objective of accessing Social Security numbers.  This is the third major foreign intrusion into a federal computer system that has occurred in the past year.

Possible Serial Shooter on the Loose in CO: Northern Colorado residents' fear is mounting after three shootings within 15 miles of each other have left two dead and one wounded, leading to speculation that the crimes may have been committed by one person.  Fox News reports that detectives have not publicly substantiated a connection in the shootings, but are actively working with a task force and have offered a $10,000 reward for information.  Motorists have also reported a string of broken windows since the first shooting, in which a woman was shot in the neck while driving her vehicle on the highway, but it has not been confirmed if they are he results of gunshots.

Jailed Imam Radicalized Dozens Behind Bars: A former U.S. Marine turned Muslim radical, imprisoned on a gun charge, has been kept in shackles and solitary confinement by Florida prison officials for three years due to his proficiency at turning fellow prisoners into extreme jihadists.  Malia Zimmerman of Fox News reports that Marcus Dwayne Robertson, also known as Imam Abu Taubah, was once the bodyguard for the blind sheik behind the 1993 World Trade Center bombing and the gang leader of a violent New York gang called Ali Baba and the Forty Thieves.  Reportedly "good at selling the dream of jihad," Robertson allegedly radicalized at least 36 inmates while behind bars, convincing them to take up arms overseas. 

de Blazio's Chickens Come Home to Roost:  New York Mayor Bill de Blazio, who campaigned for office by labeling the NYPD as racist, is beginning to see the impact of his depolicing policies.  In a New York Daily News article Mahattan Institute scholar Heather MacDonald reports that murders in the Big Apple are up nearly 20% and arrests are down dramatically, as the department abandons the proactive policing in black neighborhoods, where 78% of all shootings occur.  There are no winners with politically correct policing, but the biggest losers are the shooting victims, most of whom are black.

Amnestied Illegals Allowed to Access Tax Credits for Illegal Work: Illegal immigrants granted executive amnesty and Social Security numbers can access Earned Income Tax Credits for years they were working in the country illegal, regardless of whether or not they filed tax returns in the past, according to the IRS commissioner.  Caroline May of Breitbart reports that amnestied illegal immigrants are permitted to claim up to three years prior in back taxes.  This will result in illegal immigrants receiving tens of thousands of dollars in back tax refunds.

Actions have consequences.  So do failures to act.

Joanne Young reports for the Lincoln Journal-Star:

The words of disappointment from some Nebraskans about the recent vote to repeal the state's death penalty has turned to action.

Nebraskans for the Death Penalty turned in its initial filing Monday with Nebraska Secretary of State John Gale, aimed at restoring the death penalty by repealing a bill (LB268) passed by the Legislature in May.

The first action in the referendum petition process would be to gather enough signatures to keep the bill from going into effect in late August.

If the group is successful in getting the required 10 percent of signatures by Aug. 27 -- somewhere between 112,000 to 115,000, depending on the number of registered voters on the date it is to be turned in -- the law would not go into effect and the question of restoring the death penalty would be put on the November 2016 general election ballot.

With signatures from 5 percent of registered voters in 38 counties, the bill would go into effect in three months from the end of the session, but voters would be able to vote in November 2016 on whether to repeal or restore the death penalty.

Peter Hall of the Allentown Morning Call has this story on the Elonis case.  The story includes this nugget:

The U.S. Attorney's Office in Philadelphia was reviewing the decision and considering its options, including a "likely retrial" for Elonis, First Assistant U.S. Attorney Louis Lappen said Monday in a statement.

And this one:

Elonis served 44 months in federal custody from his arrest in 2010 until his release in February 2014. He is again behind bars after being charged by Freemansburg police in April with assault and harassment for allegedly throwing a metal pot at his girlfriend's mother.

Even though he has already done the time, it is important that the conviction remain on this sleazoid's record for the purpose of recidivist sentencing.

Elonis v. United States, the subject of two earlier posts today, was argued December 1, 2014, and decided today, exactly six months later.  The actual decision is only that the "reasonable person" test for what is a threat, in use in all but two of the federal circuits, is insufficient as a matter of statutory interpretation.  The actual test is undecided.  The requirements of the First Amendment in this area are undecided.

And this took you six months to write, Mr. Chief Justice?

No, of course it didn't.  The Court is famously secretive about its internal deliberations, but I just have to believe that something far more significant had been the subject of much debate, but the author of that broader opinion could not put together a majority for it.  So, perhaps the decision was that a narrow but controlling opinion that does not settle enough is better than a fractured multi-opinion decision that leaves everyone scratching their heads and perhaps settles nothing at all.

I don't think it was that hard a case.  The widely accepted "default" rule of interpretation from the Model Penal Code^* is that when a criminal statute has no express mental element, then either purpose, knowledge, or recklessness will do.  Given that the Court has resolved long ago that recklessness is sufficient for First Amendment purposes, even in criminal cases (Garrison v. Louisiana (1964), cited in my brief and Justice Alito's opinion), the doctrine of constitutional avoidance provides no basis for deviating from the standard rule.

If the Court really feels it needs more briefing on this point, it should grant rehearing (whether the Government asks it to or not), take more briefing, and schedule reargument for next October.

The U.S. Supreme Court today decided the Facebook threats case, United States v. Elonis.  Unfortunately, the Court left unanswered two major questions -- one on the required mental state for the offense and the other on the limits of the First Amendment.

Elonis made statements on his Facebook page regarding his wife and others that, in context, most reasonable people would regard as threats.  The jury was instructed on a "reasonable person" test, in accordance with the overwhelming weight of authority, and found him guilty.

Citing a Ninth Circuit case, Elonis argued that he could only be convicted if he subjectively intended the statements to be threats, regardless of how obviously they are threatening.  Today's opinion, citing the oral argument transcript says, "There is no dispute that the mental state requirement in Section 875(c) is satisfied if the defendant transmits a communication for the purpose of issuing a threat, or with knowledge that the communication will be viewed as a threat."  But that certainly was disputed prior to the oral argument.  Elonis was going for only the first part, what the Model Penal Code calls "purpose" as distinguished from "knowledge."  Under that view, a person could make the most explicit threats, scaring the hell out of the victim, and then defend on the basis he was "just kidding."  Attacking that extreme view was the primary reason CJLF filed a brief in this case.  The Court rejects it today.

A third mental state that the Model Penal Code considers sufficient for criminal liability is "recklessness."  Even if the maker of a threatening statement does not subjectively know it will be perceived as a threat, does he violate the statute if he acts with reckless disregard of that possibility?  That important question was briefed, albeit briefly, in Part I B of our brief.  The parties did not brief it, though, so the Court declines to rule on it and on the First Amendment question of whether recklessness is constitutionally sufficient. 

Justice Alito, concurring in part and dissenting in part, nails it:

Did the jury need to find that Elonis had the purpose of conveying a true threat? Was it enough if he knew that his words conveyed such a threat? Would recklessness suffice? The Court declines to say. Attorneys and judges are left to guess.

Academia, the defense bar, and others in the pro-crime lobby ceaselessly and loudly tell us that the amount of incarceration in this country is too high.  They show much less interest in talking about the amount of crime.  When they can be dragooned to say something about it, it's generally to mumble that, yes, well, crime has been falling, and yes, that's kind of a good thing, but (ready now?) taking people who commit crime off the street has almost nothing to do with the fact that we have less crime.

The Baltimore Sun ran a headline (since changed) that had the air of a conundrum, although it isn't very puzzling, "With arrests down in Baltimore, mayor 'examining' increase in killings." According to the paper, arrests have dropped by about half in May. The predictable result is that violent crime is spiking.

The implication is clear: More people need to be arrested in Baltimore, not fewer. And more need to be jailed. If black lives truly matter, Baltimore needs more and better policing and incarceration to impose order on communities where a lawless few spread mayhem and death.

Answer:  You get more murder.

Pseudonyms such as "John Doe" are sometimes used in court cases, usually to protect the innocent.  The Ninth Circuit recently issued an opinion in a capital case in which it referred to the murderer as John Doe, supposedly to protect him from victimization within prison.

But anyone who wants to know the name of the perp can find out easily.  Here are the first two paragraphs of the opinion from March 31:

In 1984, a house in California was burglarized and a number of items were stolen. K.H. and M.H. resided there with M.H.'s young children, a live-in babysitter, L.R., and her daughter. Petitioner John Doe,¹ who was living at the time in a vacant house adjacent to the property, was arrested in connection with the burglary, but then released.

Soon after, while K.H. and M.H. were not at home, their house was burglarized again. L.R. was murdered, having been beaten, stabbed, and strangled. Her body was found supine on the bed in the master bedroom, with her hands bound behind her back. She was naked from the waist down, with her legs open, and a vibrator near her body. A number of items were stolen.

Go to Lexis, limit to California, and search for "babysitter & strangled & vibrator" and the California Supreme Court's opinion on direct appeal, with the perp's real name, pops up.  If you don't have Lexis or one of its competitors, the same can be done with Google Scholar case law.

Today the Ninth Circuit denied rehearing en banc and reiterated its reasons for the "John Doe."

Will the U.S. Supreme Court take the case?  It's an uphill battle to get them to take a pre-AEDPA, fact-bound, ineffective assistance case, but it's not out of the question.  The opinion is written by the frequently reversed Judge Reinhardt, and that's always a plus.

The US Supreme Court took up two criminal cases today.  The first is Foster v. Humphrey, No. 14-8349, a Georgia capital case in which the defendant was convicted of the murder of a 79-year-old widow, Queen Madge White.  The evidence showed she had also been sexually molested with a salad dressing bottle.  The claim is racial discrimination in use of peremptory challenges, i.e., a Batson v. Kentucky claim.

The State's Brief in Opposition is here.

The Court also took up a federal case, Lockhart v. United States, No. 14-8358.  The question relates to sex offenses triggering a mandatory minimum under federal sentencing law.

The Court decided three civil cases.

Generally in May and early June the Supreme Court announces opinions only on Mondays (and the Monday-like Tuesday after Memorial Day), so we expect opinions again on Monday, June 1.

The makings of a riot had come together Saturday night in light of the acquittal of a Cleveland policeman on charges of voluntary manslaughter.  Some violence had already begun, as I noted here.

[T]he Cleveland police declined to tolerate lawlessness. Paula Bolyard of PJ Media reports:

Cleveland police were taking no chances in the wake of the acquittal of police officer Michael Brelo, going to great lengths to ensure that Saturday afternoon's peaceful protests didn't evolve into violent riots like Baltimore and Ferguson have experienced in recent months.

In addition to having the National Guard on standby, police followed protesters through the streets and arrested anyone who acted violently or refused to obey police orders to disperse. A total of 71 people were arrested. . . . 

Police Officer Killed Hours Before Maternity Leave:  An Omaha police officer was shot and killed by a fugitive on Wednesday, just hours before she was to go on maternity leave.  Fox News reports that 29-year-old Kerrie Orozco was part of the city's fugitive taskforce and had closed in on 26-year-old Marcus Wheeler, a fugitive with a felony arrest warrant who then opened fire at Orozco and other officers.  Orozco had given birth to a premature baby girl in February, postponing her maternity leave until the baby's release from the hospital, which was the day after she was killed.  The shooting suspect was also fatally shot.

Transgender Inmate's Surgery Delayed:  Hours after a California panel recommended parole for convicted killer Michelle-Lael Norsworthy, a federal appeals court delayed his sex reassignment surgery, making it unlikely that he will receive prison-funded surgery before his release.  Don Thompson of the AP reports that the state contested a lower court judge's ruling that Norsworthy receive the surgery as soon as possible, but now it could be delayed for months while the appellate court considers the case.  Corrections officials are "pleased that the delay will let the appeals court review the merits of the state's appeal."  Norsworthy's attorneys argue that the denial of his surgery amounts to cruel and unusual punishment.

Six Baltimore Officers Indicted:  A grand jury decided to indict all six Baltimore police officers charged in the death of Freddie Gray, allowing the criminal prosecution to proceed.  The AP reports that the officers' attorneys believe that Baltimore State's Attorney Marilyn Mosby should be replaced with an independent prosecutor, arguing the current prosecution as "overzealous."

Two ISIS Recruits Arrested in LA:  Two men were arrested by the FBI in Southern California yesterday, one at the Los Angeles International Airport, on suspicion of terrorism related charges.  Andrew Blankstein of NBC News reports that Muhanad Badawi and Nader Elhuzayel of Anaheim were allegedly planning to travel abroad and join the Islamic State terrorist group, known as ISIS.  Two search warrants were also served in relation to the charges.

Suspect In DC Homicide Charged:  Daron Dylon Wint, suspected of murdering a Washington businessman, his family, and their housekeeper last week and setting their mansion on fire in an extortion scheme, has been arrested and charged with first-degree murder.  Greg Botelho, Mary Kay Mallonee, and Ed Payne of CNN report that Wint was apprehended Thursday while traveling from a Maryland hotel to Washington D.C. in a car with two women alongside a box truck driven by his brother and two other men.  At least $10,000 was discovered during the arrest.  The other five individuals were arrested but have not been charged.  Wint is set to make his first court appearance on Friday afternoon.

George Will has a column in today's Washington Post titled, "Capital Punishment's Slow Death."  In it, Will makes three arguments against the death penalty.  All of them are wrong.

The conservative case against capital punishment, which 32 states have, is threefold. First, the power to inflict death cloaks government with a majesty and pretense of infallibility discordant with conservatism. 

Second, when capital punishment is inflicted, it cannot later be corrected because of new evidence, so a capital punishment regime must be administered with extraordinary competence. It is, however, a government program. Since 1973, more than 140 people sentenced to death have been acquitted of their crimes (sometimes by DNA evidence), had the charges against them dismissed by prosecutors or have been pardoned based on evidence of innocence....

Third, administration of death sentences is so sporadic and protracted that their power to deter is attenuated. And the expensive, because labyrinthine, legal protocols with which the judiciary has enveloped capital punishment are here to stay.