Results matching “GPS”

CA Parolees Removing GPS Monitors: Mike Luery of KCRA 3 reports 1,165 parolees at large in California are have removed required  GPS monitoring devices. Of those, 81% are sex offenders. Under AB 109, this parole violation results in a maximum sentence of 180 days in county jail. State prison officials support making the removal of a GPS monitor a felony, and crime victim advocates intend on taking an initiative to overturn Realignment to voters.

OH Executes Dismemberment Killer: The Associated Press reports Brett Hartman was executed by a one-drug lethal injection of pentobarbital Tuesday in Ohio. Hartman was pronounced dead at 10:34 a.m. Continued from this news scan.

ID Prison Inmates Sue, Gangs Control Prison: Rebecca Boone of the Associated Press reports eight inmates at a private Idaho prison have filed a lawsuit against the Corrections Corporation of America Friday. Officials at the Idaho Correctional Center have allegedly given some control of the prison to gang leaders in order to reduce staffing costs. Officials are said to be utilizing threats of gang violence and housing gang members together to allow for the use of fewer guards. Prison staffers and gang leaders are also allegedly negotiating the placement of new inmates and some guards are not enforcing certain rules out of fear for their own safety.

CA County Jail Sees Increase in Attacks: Paul Payne of the Press Democrat reports the Sonoma County jail has become more violent since Realignment according to Sheriff Steve Freitas. Inmates have been attacking correctional deputies 70 percent more often since AB 109 took effect. Fights between inmates have also increased. Of the 303 prisoners realigned to the county, 43 reoffended and are back in jail. There are 186 convicted felons who would have received prison sentences prior to Realignment that were sent to the jail, some serving as long as eight-year sentences. With more serious felons entering the jail, more criminals convicted of lesser offenses are being sent home with GPS ankle bracelets.

CA Juvenile Crime Hits Record Low: Rina Palta of KPCC News has this article on a report from the Center on Juvenile and Criminal Justice in San Francisco that shows youth crime was at its lowest in recorded history in 2011 in California. The state began tracking juvenile crime rates in 1954. The report found that in 2011 there were 3,483.1 arrests of offenders aged 10-17 per 100,000 youths in the state. In the mid-90s, there were about 11,000 juveniles incarcerated at any given time. In 2011, the number has dropped to 7,500.  The report's author opines that the relaxing of marijuana laws and fewer teens living in poverty caused the drop.  He said that improved policing and tougher sentencing had nothing to do with it.  Yea right.

SC Seeks Death Penalty: Karen Kissiah of the Cheraw Chronicle reports that South Carolina will seek the death penalty for murderer Nickolas Jermaine Miller. Miller allegedly followed 30-year-old Beverly Hope Melton from a convenience store, ran her car off the road then kidnapped, raped, and brutally beat the woman to death with a baseball bat. The victim's car was found still running on the side of a road. After her body was found, police identified Miller's car in surveillance footage from the store and stopped him. An officer spotted blood on his car and a blood-covered baseball bat in his back seat. Miller was charged with murder and kidnapping, criminal sexual conduct, and torture in the commission of a murder.

CA Jail Overcrowding, Short Sentences Leads to Ankle Monitor Removal: A KGET 17 Special Report headlines in Kern County some offenders being monitored by ankle bracelets are cutting them off knowing there will be little if any repercussion as a result of AB 109. The maximum sentence for removing an ankle monitor since realignment began is six months in a county jail; prior it was one year in state prison. The Kern County Sheriff's Department said the county jail is so overcrowded most sentenced serve 25 - 30 percent of their sentence. About 20 percent transferred from state prison under AB 109 about 20 percent are repeat offenders that have violated their probation two or more times. Some criminals say they would do it again because sentences are so short.

MS Senator to Introduce Sex Offender Tracking Plan: Joe Barnes of WLBT 3 reports Mississippi Senator Will Longwitz will introduce a plan in January that would place GPS trackers on the most serious sex offenders in the state. In the U.S., 16 other states have already implemented similar plans. Some sex offenders in the state have either registered their address at a shelter or are homeless. The GPS would set off an alarm any time a high-risk sexual criminal goes near schools, their victim's neighborhood, etc. By this week, 181 of the state's 7,380 registered sex offenders were non-compliant.

Sex Offenders Using Stolen Identities: Faith Abubey of WFMY News 2 reports 16% of the sex offenders in the nation are using stolen identities to avoid police detection; about 92,000 of the 570,000 registered sexual criminals nationwide according to researchers. A study funded by the Department of Justice found one in six sex offenders are using fake birthdays, addresses, and using stolen social security numbers.

Last year at this time, we were feeling good about the term just completed.  We had racked up major victories settling long-standing and important problems with decisions such as Harrington v. Richter and Cullen v. Pinholster.

This year, about all we can say is, "Well, it could have been worse."  A summary of the criminal and related cases for the term is available here.

Last July, I noted that the right to counsel would be a major theme, with five cases involving defendants complaining about their lawyers.  The defendants were the prevailing parties in four of the five, but in none of the five did the prevailing side get the prize it wanted.

Kentucky to Change Execution Method: Brett Barrouquere of the Associated Press reports the Kentucky Justice Cabinet filed notice today that it will propose new regulations to its execution method, which currently calls for a single drug or combination of drugs, by July 24. In its last execution the state used a combination of  sodium thiopental, pancurionium bromide, and potassium chloride. The motion does not say what changes will be made. As reported in a News Scan in April, Franklin Circuit Judge Phillip Shepherd gave Kentucky 90 days to make changes to its execution method or defend it at trial. Shepherd ruled that a switch to a one-drug execution will render moot any cruel and unusual punishment arguments raised by death row inmates in a lawsuit.

Pennsylvania Governor Signs 3 Death Warrants: Yvonne P Mazzulo of Examiner.com reports Pennsylvania Governor Tom Corbett signed execution warrants for three men on Wednesday. Darien Houser is scheduled to be executed on July 24. He was sentenced to death in 2006 for killing Philadelphia Warrant Officer Sgt. Joseph LeClaire in 2004 as LeClaire was attemtping to serve Houser a warrant for failing to appear at his trial on rape charges. Houser killed LeClaire and wounded two other officers after opening fire on them. John Koehler Jr. is scheduled to be executed July 25 for pursuading William Curley to kill Koehler's girlfriend and her 9-year-old son in 1995. Koehler told Curley he would kill him if he didn't kill the victims. Willie Clayton is scheduled to be executed July 26. He was sentenced to death in 1986 for killing two drug dealers in their apartments during separate robberies two months apart in 1980. 

Judge Proposes Gradual Transition of CA Prison Oversight: Don Thompson of the Associated Press reports U.S. District Judge Thelton Henderson on Wednesday ruled California is not yet ready to completely retake control of the medical care systems in its prisons, and ordered the federal receiver J. Clark Kelso to continue a gradual transition of his responsibilities to the state Department of Corrections and Rehabilitation. Earlier this month, Governor Jerry Brown's administration and attorneys representing inmates submitted conflicting recommendations to Henderson for ending the receivership. Henderson wants both sides to comment on his transition plan by July 20.

Indiana Judge Considering Constitutionality of Sex Offender Facebook Ban: Charles Wilson of the Associated Press reports a federal judge heard arguments Thursday in the ACLU of Indiana's challenge to an Indiana law that bans registered sex offenders from using social networking sites that can be accessed by children. The ACLU of Indiana says the law violates sex offenders' free speech rights, and argues its unconstitutional to ban sex offenders from sites like Facebook if they are no longer incarcerated or on probation. Judge Tanya Walton Pratt says she plans to rule within a month.

CA Assembly Passes Bill to Protect Domestic Violence Victims: The Associated Press reports the California Assembly unanimously approved legislation that would allow judges to order defendants who have had a restraining order issued against them in a domestic violence case to wear a GPS device. The bill now goes to the Senate. The most recent version of the bill is here.   

After Ruling, More States May Follow Arizona Immigration Law: David Crary of the Associated Press reports lawmakers from throughout the U.S. are preparing to push for tougher immigration laws following signs that the U.S. Supreme Court may uphold key components of Arizona's immigration law, SB 1070. Kansas Secretary of State Kris Kobach said if the Supreme Court upholds key parts of the law, "it will be a huge green light." He added, "All of the other states will have a blueprint they can apply." While the Department of Justice's appeal argues SB 1070 conflicts with federal immigration policy, polls have consistently shown the majority of Americans support similar 'get-tough' immigration bills. A ruling is expected in June.

San Diego Jails Nearing Capacity: Dana Littlefield of the San Diego Union-Tribune reports San Diego Sheriff Bill Gore, in a letter to local law enforcement, stated his department will no longer accept bookings for certain types of misdemeanors as jails are approaching full capacity. Friday, San Diego City Attorney Jan Goldsmith, in an e-mail, said, "shifting the State's responsibility to incarcerate felons to the local level is creating safety risks to our communities," blaming the Legislature and governor for transferring the overcrowding problem to local governments rather than cutting unnecessary spending at the state level. Gore's department has established a unit to handle custody alternatives, including GPS monitoring and home custody, in an attempt to open up some space in local jails.  

New Mexico Fixes Online Sex Offender Registration Mistake: KOAT 7 Albuquerque reports New Mexico Governor Susana Martinez is requiring law enforcement to get all online sex offenders convicted after 2007 registered after closing a loop hole in the law. There are 12 situations in which convicted predators are required to register, but somehow the requirement to register online was placed in the annotations when the law was compiled with other laws from the same year. The oversight was what the governor called a 'dangerous mistake.' Gov. Martinez stated, "We deserve, (and) the public deserves to know that someone in their neighborhood is a convicted sex offender." During the next legislative session, Martinez intends to ensure the error is corrected in every law book.

Bill to Lessen Overcrowding in CA Jails Voted Down: City News Service reports Senate Bill 1441, which would have amended Governor Brown's Public Safety Realignment Act, AB 109, and ease jail overcrowding, was voted down in the Senate Public Safety Committee last week. Senator Bill Emmerson (R-Riverside) introduced SB 1441 to require all convicts sentenced to over 36 months in jail for any one or series of offenses to serve their sentence in prison instead. Before AB 109, anyone who received more than a one year sentence automatically went to prison to serve their sentence. However, AB 109 does not spell out any length of time after which an inmate would be transferred to prison, resulting in some offenders currently serving jail terms in excess of 10 years. By June 2013, 23,000 more inmates must be moved from prisons in accordance with a federal court order. With only 11,000 inmates moved so far, Emmerson points out that AB 109 as it stands puts public safety at risk, as jails will be well over maximum capacity and sheriff's officials are forced to release low-level offenders from custody early.

Increasing Number of Inmates With Dementia: Pam Belluck of The New York Times reports dementia in prison is on the rise, and many prisons are unprepared to handle the fast-growing population. While there is no exact count on cognitively impaired inmates, prisoners appear to be more prone to dementia than the general population because they often have more risk factors. New York has established a separate unit for cognitively impaired inmates who are cared for by professional caregivers, which comes with a high price tag. Other states, including Pennsylvania, are giving mental health workers special dementia training. Louisiana and California are taking a less expensive but riskier approach by training fellow prisoners to care for the daily needs of demented inmates.

Riverside and San Diego Counties Releasing Inmates Early: City News Service reports Riverside County Sheriff's officials said they have already had to resort to releasing some low-level offenders early to avoid exceeding maximum capacity in county detention facilities. In the first four months under realignment, Riverside County jails have already reached 95 percent occupancy. Teri Figueroa of North County Times reports San Diego County's jail populations would have been at full capacity by April without local officials employing the tactics of shaving jail sentences and outfitting offenders with GPS bracelets. In May, the department will take the next step in cutting the jail populations by using "alternatives to custody" for lower-level offenders to make room for the more dangerous criminals.

Convicted Sex Offender Caught on Video Violating Parole: Dan Noyes of KGO reports convicted sex offender Scott Herman can be been violating his parole on store surveillance cameras at a Bay Area Walmart. Herman has had half a dozen convictions and parole violations for indecent exposure or annoying/molesting children since 1996.  "In this case, this is a guy who clearly has a problem, cannot control himself and continues to deny, deny, deny," said Chris Weaver, Herman's parole agent. Last year while Christmas shopping at a Dollar Tree in Santa Rosa, a mother caught Herman grabbing himself and leering at her 7-year-old daughter. He only served two and a half months in Sonoma County Jail for this parole violation. Herman had been out of jail for less than two weeks when Weaver tracked Herman through the GPS unit strapped to his ankle and alerted the Walmart store security to train their cameras on Herman, who was in the Valentine's Day aisle. The surveillance video shows Herman following young girls up and down the aisle, thrusting his hips at the girls, hovering over them, and touching his groin area. 

Execution Today in Texas: Michael Graczyk of the Associated Press reports Rodrigo Hernandez is scheduled to be executed by lethal injection in Texas today for the the abduction, rape, and strangulation of a 38-year-old woman in San Antonio in 1994. Hernandez attacked her at a storage area behind a supermarket and dumped her body in a garbage barrel behind a church. The murder went unsolved for eight years until he had to submit a DNA sample as a requirement for parole in Michigan, where he was serving a sentence for using a bottle to severely beat a man. His DNA sample went into a national database, which linked Hernandez to the Texas murder. Two years ago, DNA evidence also linked him to the 1991 slaying of a 77-year-old homeless woman in Michigan. He was not tried for her death. It would be the first execution in Texas this year.

Juvenile Sex Offenders Must Report for 25 Years: Bob Egelko of the San Francisco Chronicle reports the U.S. Ninth Circuit Court of Appeals Wednesday upheld that juveniles convicted of serious sex crimes in federal court can be required to register as sex offenders for at least 25 years. The Ninth Circuit said a registration law passed by Congress in 2006 that removed sex offenders aged 14 and over from the confidentiality protections of federal juvenile justice law is constitutionally sound. The ruling upheld registration requirements for three Montana juveniles subjected to federal prosecution because they committed forcible sex crimes between ages 14 and 17 on Indian reservations. The opinion is here.

Supreme Court GPS Tracking Case Confounds the Press: Tom Goldstein, writing for SCOTUSblog, explains how he thinks the press got Monday's U.S. Supreme Court decision regarding GPS tracking in United States v. Jones wrong. He says the Court's only holding is that the installation of a GPS monitoring device is a search, which is a different question from whether it requires a warrant and whether it requires probable cause. The Court did not decide whether the short-term monitoring of a GPS device is a search requiring a warrant. Goldstein says in general, the coverage of Jones is bad and misleading, with none of the pieces correctly characterizing the ruling and its limits. He says the early press coverage focused on the warrant question because the public knows what that means. 

Those instinctively opposed to incarceration as a punishment are increasingly drawn to technocorrections as a sentencing alternative.  Professor Doug Berman is a fan of technocorrections as a way to scale back on imprisonment per se, not to mention its significant costs.  Accordingly, Prof. Berman occasionally publishes a post about the virtues of technocorrections on his always interesting blog, Sentencing Law and Policy.  This is one example.

I have two problems with technocorrections.  One is that it fails to provide the punishing (and therefore deterrent) value of a prison sentence; it was my experience as an AUSA that prison is the only thing defendants really pay attention to.

The second problem with technocorrections is that they are easily defeated, sometimes with disastrous results.  From Fox News:

If police attach a GPS tracking device to someone's car and use it to track his movements over a substantial period of time, it that a "search" within the meaning of the Fourth Amendment?  Yes, said all 9 Justices of the Supreme Court today in United States v. Jones.  The Court split 5-4 on the rationale, though.  Justice Scalia for the majority (with Chief Justice Roberts and Justices Kennedy, Thomas, and Sotomayor) looked to the word "effects" in the Fourth Amendment and the trespass-based approach used before Katz v. United States in 1967.  Justice Alito, joined by Justices Ginsburg, Breyer, and Kagan, reaches the same result with the "reasonable expectation of privacy" rationale that the Court has used, for the most part, since Katz.

Supreme Court Upholds Death Sentence: Allan Turner of The Houston Chronicle reports the U.S. Supreme Court has rejected convicted Houston killer Duane Buck's request to overturn his death sentence. The Supreme Court stopped his September 15th execution in order to decide whether to review the case. Buck was sentenced to death for the murder of his former girlfriend, Debra Gardner and her friend, Kenneth Butler. He also shot his sister, Phyllis Taylor, who survived. The issue before the court was testimony in the trial's punishment phase. Psychologist Walter Quijano on cross examination said being black could contribute to to Buck's "future dangerousness" in prison.

Supreme Court to Hear Case on Warrantless GPS Tracking: Mark Rockwell of Government Security News reports the Supreme Court will hear arguments on Tuesday, November 8th regarding whether or not warrantless uses of GPS tracking devices violates the Fourth Amendment of unlawful search and seizure. Legal experts have said this case could be a landmark in how law enforcement is allowed to use advancing technology. The case they are reviewing is one where the FBI and local law enforcement were tracking a suspected drug dealer. They put a  tracking device on the suspects Jeep. The device gave law enforcement the suspect's location seven days a week for four weeks. The Court must decide whether the tracking was a "search" and whether the installation of a GPS tracking device on a private vehicle is a "seizure." Law enforcement lawyers argue warrantless GPS tracks public behavior that is observable by anyone not using the technology.

Parole Denied For Women Who Cooked Husband: Gosia Wozniacka of the AP reports that Omaima Nelson, a California woman serving a life sentence for the killing, chopping, and cooking of her husband during Thanksgiving 1991, was denied her second bid for parole Wednesday. Nelson argued that she should be paroled because she was a changed person, claiming to be sorry and claiming that she killed in self-defense. Due to her long criminal history, lack of responsibility, and failure to complete educational and vocational programs, the two-person panel of the state Board of Parole found that Nelson continued to be a danger to society. Parole commissioners said Nelson will not be eligible to seek parole again for 15 years -- the maximum period she can be held without another hearing.

Judge Allows Alleged Murderer's Road-trip: Gene Johnson of AP reports that in an oral ruling Monday, Washington Judge Micheal Moynihan decided to allow accused murderer Peggy Sue Thomas to take a two-week, five-state road trip so she can attend her half-sister's memorial service, receive dental care, and attend to a few other chores. Thomas is charged with killing a man in 2003.  Despite protests from Island County Prosecutor Greg Banks, Thomas is free on $500,000 bail, and had her arraignment delayed a week to Oct. 31 to accommodate the trip. While Thomas will be on a GPS monitoring device, there will be various non-signal points along the trip that might not immediately report if she flees the country. Banks stated: "That's the first time I've ever seen anything like that. We're sure hoping she comes back."

Alabama Immigration Law Leaves Police Uncertain: After a meeting on Thursday with the Department of Homeland Security, Mobile Police Chief Micheal T. Williams announced there are too many gray areas to begin enforcement of the Alabama's new Immigration law, which continues to be disputed by the U.S. Justice and Department and civil rights groups. The law expressly prohibits profiling but states that an officer can make an arrest when "reasonable suspicion exists that the person is an alien who is unlawfully present in the United States." Police are also prohibited from raiding job sites where illegal immigrants might be working and must consult the federal government when determining if someone is illegal or not. Due to the confusion, John Jenkins, the state's Deputy Director of Homeland Security, told the group of 50 officers from across Mobile and Baldwin counties to consult with their city attorneys for clarification. David Ferrara of the Press-Register reports.  

Conviction of MLK Jr. Adviser Considered After Death: Larry O'Dell of The Associated Press reports the lawyer for Reverend James L. Bevel has petitioned the Virgina Supreme Court to quash Bevel's incest conviction because he died while the appeal was pending. Bevel, a former adviser to Martin Luther King, Jr., had served several months of his 15-year sentence and was appealing his conviction when he died in December 2008. His attorney, Bonnie Hoffman, is seeking an abatement based on the theory that a conviction is not final until the appeals process is complete. "An appeal is a fundamental step in the process," Hoffman said. "When it's terminated by death, the conviction should be abated." Bevel's case is unique because of the 2009 testimony of the victim, Bevel's daughter, in which she stated the conviction had given her closure. A county judge rejected Bevel's bid for abatement after hearing the emotional testimony, and the Virgina Court of Appeals affirmed. An attorney for the state says the Virginia Supreme Court should affirm, arguing that convictions are presumed to be valid.

Army Won't Seek Death Penalty for Soldier's Murder: The Associated Press reports Army Spc. Neftaly Platero, 33, won't face the death penalty for the shooting deaths of fellow soldiers and roommates Pfc. Gebrah Noonan, 26, and Spc. John Carillo Jr., 20, when he stands trial by court martial beginning in February. Platero instead faces a maximum sentence of life in prison without parole for two counts of premeditated murder and one count of attempted murder. Noonan's father says he feels prosecution has been stripped of a valuable bargaining chip with the death penalty off the table.

Female Inmates With Children Set to be Released Early: Jack Dolan of the Los Angeles Times reports prison officials will begin releasing female inmates who have children to serve the remainder of their sentences at home. As early as next week, mothers who were convicted of non-serious, non-sexual crimes and have two years or less remaining on their sentences could start going home with GPS-enabled ankle bracelets. More than 4,000 of the state's roughly 9,500 female inmates could be eligible. Sen. Carol Liu (D) originally wrote the bill to single out female inmates with children, but because of a constitutional ban against gender-based discrimination, the phrase "primary caregiver" was added to the bill. Administrators says the policy could be extended to male inmates in the near future. According to a 2010 memo from Liu's office, keeping kids with their parents instead of in foster care will hopefully "reduce the likelihood that inmates' children will embark on a life of crime." Harriet Solarno of Sacramento-based Crime Victims United says in many cases the children might be better off in foster care. "If they were such great mothers to begin with, they never would have committed the heinous crime that got them sent to state prison," said Salarno. Los Angeles County District Attorney Steve Cooley says, "if properly supported, with the proper amount of supervision, it's not a bad idea." But Cooley also added he doesn't have a whole lot of confidence in state prison officials.

You might remember the fellow who masterminded the bombing of Pan Am Flight 103 over Lockerbie, Scotland, one Abdel Bassett Al al-Megrahi.  The bombing resulted in the deaths of 270 people, 189 of them Americans. 

Mr. al-Megrahi was the purported head of Libyan intelligence under Colonel Qaddafi.  He was eventually convicted in Scotland.  Of course he was not given a death sentence, the Scots being, you know, too civilized for that.  Instead, they released him two years ago for "compassionate" reasons, to wit, that he was dying of cancer and would pass this veil of tears in three months, if he made it even that long.

Yes, well, that was then.  Few people were surprised to find out that al-Megrahi was nowhere near death and has been living in style in Libya, up until recently under Qaddafi's protection.

Now that Qaddafi's rule has been ended by forces backed by NATO and the Untied States, you might think those whose victory over the tyrant was made possible would like to see a better brand of justice than the kind worked out between their ex-dictator and a feckless and corrupt Scotish government.

As the New York Times reports, you would need to think again.  But not to worry. The Times also reports, apparently with a straight face, that al-Megrahi is  --  guess what  --  about to give up the ghost!

Less than eight hours [after the rebels refused to turn over al-Megrahi], Nic Robertson of CNN reported having found Mr. Megrahi at the villa, where his family said that it was caring for him without help and that he was dying.

"We just give him oxygen," the report quoted Mr. Megrahi's son, Khaled, as saying. "Nobody gives us any advice. There is no doctor. There is nobody to ask. We don't have any phone line to call anybody."

Well gosh.  I'll be happy to contribute a phone, with a built-in GPS and an autodial number for the Navy SEALS. 

 

Rong-Gong Lin reports in the LAT:

Los Angeles County supervisors on Tuesday condemned Sacramento's cost-cutting decision to keep some state prisoners in local lockups and have parolees be supervised by county agencies, asserting that both would lead to an increase in crime.

*                               *                            *

[County Supervisor Michael] Antonovich said it is likely that Los Angeles County will run out of jail beds unless it "uses other models of supervisions such as electronic monitoring, work furloughs, weekenders and GPS tracking."

"It's irresponsible for us to turn around and dump these [prisoners] into our communities with an ankle bracelet and hope they don't re-offend," Antonovich said. Without finding a way to increase prison time, Antonovich said, "I believe we'll have a spike in crime."

The Supreme Court's argument calendar for the November session (which actually begins Oct. 31) is here.

Monday, October 31:  Lafler v. Cooper, No. 10-209 and Missouri v. Frye, No. 10-444.  Both cases involve claims of ineffective assistance in plea bargaining.  Cooper went to trial, while Frye accepted a later, less favorable plea bargain.  CJLF filed a single amicus brief for both cases, here.

Wednesday, November 2:

Perry v. New Hampshire, No. 10-8974, on the extent to which allegedly unreliable identifications raise a federal constitutional question.

Gonzalez v. Thaler, No. 10-895, on timing questions relating to AEDPA's statute of limitations for federal habeas cases.


Monday, November 7:  Kawashima v. Holder, No. 10-577, on tax fraud and deportation.*

Tuesday, November 8:

United States v. Jones, No. 10-1259, on tracking suspects' cars with GPS.

Smith v. Cain, No. 10-8145, another Brady case from Nawlins.

Also, on the last day, the Court hears the slaughterhouse cases, which I thought had been decided some time back.

* Kawashima is an immigration case rather than a criminal case.  However, defense lawyers have always needed to understand the immigration consequences of convictions, and since Padilla prosecutors should be aware as well.  A consequence nobody knows about could result in getting the case back.

New iPhone App Fights Back: The San Francisco Chronicle has this article from PRWeb about Thugs Mug, the first safety protection app for the iPhone and iPad 2. When activated the app sends photos to the user's safety contacts along with the GPS coordinates of where the crime is occurring while simultaneously calling 911. The goal of the app is to capture evidence and deter criminals.

No Pensions for Pedophiles: Catherine Lucey and Michael Hinkelman of the Philadelphia Daily News report Pennsylvania state Reps. Brendan Boyle (D) and Kevin Boyle (D) are working on a bill that would disqualify state and municipal workers from getting a public pension if they have been convicted of a sex crime against a minor. Under the state's current pension law, forfeiture rules could cover crimes committed while on duty, but sex crimes committed on employee's own time don't disqualify them. No official action can be taken until September when the state House is back in session.

First Death Row Hearing Under Racial Justice Act: Paul Woolverton and Gregory Phillips of The Fayetteville Observer (NC) report Marcus Reymond Robinson will be the first North Carolina death row inmate to argue to a judge that his sentence should be converted to life without parole under the Racial Justice Act. Robinson was convicted for the 1991 robbery and murder of a 17-year-old boy. Robinson was set to be executed in January 2007, but all executions in the state were postponed indefinitely while the courts sorted out other controversies regarding North Carolina's execution procedures. The Racial Justice Act of 2009 says that death row inmates can seek to have their sentenced converted to life without parole if they have evidence that their sentence was racially motivated. 151 of the 158 inmates on North Carolina's death row are pursuing claims under the Racial Justice Act. Robinson's hearing is scheduled for September 6.

Florida Attorney Asks Supreme Court Justice to Lift Stay of Execution: Bill Kaczor of the AP reports the Florida Supreme Court on Monday ordered a month-long stay of execution for Manuel Valle to allow a trial judge to conduct a fact-finding hearing on whether Valle would feel pain from a new drug Florida plans to use for lethal injection.  Florida Attorney General Pam Bondi filed a request to ask U.S. Supreme Court Justice Clarence Thomas to lift the stay. Valle was sentence to death for killing a Coral Gables police officer and was originally scheduled to be executed on August 2.

Lockerbie Bomber Makes an Appearance at a TV Rally: BBC News reports that Lockerbie bomber Abdelbaset al-Megrahi made a televised appearance at a rally of members of Megrahi's tribe broadcast live from Tripoli.  Megrahi was released in August 2009 on compassionate grounds because he suffered from prostate cancer and was thought to have only three months to live.  A presenter at the rally introduced Megrahi and announced that "half of the world conspired against" Megrahi.

Man Accused of Sex Crimes Allowed to View Child Porn in Jail: Adam Lynn of The News Tribune (WA) reports on a man accused of sex crimes is being allowed to view child pornography while in a Washington jail awaiting trial. Weldon Marc Gilbert is acting as his own attorney in the case, which means he is allowed to review the evidence. In this case, the evidence is more than 100 videos seized from Gilbert's home in 2007. Gilbert is accused of luring more than a dozen young boys to his home and molesting them. Prosecutors say Gilbert videotaped some of the alleged acts. Gilbert has scheduled times when he can view the material, and the room is monitored by corrections officers. Pierce County Jail spokesman Ed Troyer says, "the whole thing is just very strange."

OnStar Helps Apprehend Murder Suspect: WLOX (MS) reports that Jeremy Wayne Manieri, 31, was arrested for the murder of a priest in Florida after authorities used the auto tracking system OnStar to locate the victim's vehicle. Manieri was driving the victim's SUV, which police found at a hotel where Manieri was staying by using the GPS feature. Authorities say that Manieri, a convicted sex offender, is also wanted on a warrant in Escambia County, Florida for grand larceny. Larry McShane of The New York Daily News reports that Manieri was planning on going to Disney World, where he had bought three-day passes for his ex-wife and children, using money he stole from the slain priest.   

Man Arrested After Reporting Marijuana Robbery: The Sun-Times Media Wire (IL) reports that Chicago druggie Max Fleck, 20, was charged with two counts of felony possession of a controlled substance and two counts of possession of cannabis after police found narcotics in his apartment. Police were called to the apartment after Fleck had called the police to report being robbed of two pounds of marijuana and a laptop.

12 year-old Girl Sentence for Cyberstalking: A 12-year-old girl has been given a deferred sentence and ordered to stay out of trouble for six months, attend counseling and perform 20 hours of community service for cyberstalking and first-degree computer trespassing as reported  by Jennifer Sullivan of the Seattle Times.  An 11-year-old co-defendant was also charged and given probation.  According to the charges, after the two girls and the the victim had a falling out, the defendants used the victim's password to post sexually explicit content on her Facebook page and instant-messaged "random individuals" under her name to offer sex acts.  The trial judge refused to grant the prosecution's request that the 12-year-old girl be banned from all social-networking sites for the term of her sentence, ordering instead that an adult supervise her while on social-networking sites.

Ohio Governor Will Sign Sentencing Bill This Week:  Joe Guillen of The Plain Dealer (OH) reports Ohio Governor John Kasich is expected to sign an overhaul of the state's criminal sentencing laws aimed at easing overcrowding and saving money.  Among the changes, the reform package will send low-level offenders to halfway houses and community corrections facilities instead of prison, and will also eliminate the sentencing disparity between powder and crack cocaine.

"Viewpoints: Don't blame state's 'three-strikes' law for prison overcrowding":  Margaret A. Bengs has this piece in The Sacramento Bee exposing some of the myths heralded by opponents of California's three-strikes laws.  Bengs notes that three-strikes is not the primary contributor to California's overcrowded prisons (the high recidivism rate is), that the law affords judges and prosecutors discretion in deciding when to aggressively pursue three-strikes cases, and that three-strikes sentencing is not filling the state prisons with petty thieves.  Bengs also points out that "California's violent crime rate plummeted 58.9 percent between 1992 and 2009, reaching its lowest level since 1968, with the help of three strikes."

Wisconsin Justice Accuses Colleague of Choking Her:  Wisconsin Supreme Court Justice Ann Walsh Bradley has accused co-Justice Davis Prosser of trying to choke her after an argument in her office, reports Todd Richmond of the AP.  Walsh alleges the assault took place the day before the court handed down a decision upholding a new state law that eliminates most public employees' collective bargaining rights.  Prosser denies the accusation.  A county sheriff's office and the state judicial commission have opened investigations.

Audit Brings Criticism to Michigan's Parolee Program:  Mike Martindale of The Detroit News reports some critics believe the success of Michigan's Prisoner Re-Entry Initiative, which has been credited with a decline in the state's recidivism rate, may be distorted because parolees who commit new crimes but receive a "non-prison disposition," such as jail time or GPS monitoring, are not included in the state's recidivism numbers.  

Today the US Supreme Court released an orders list from its last regularly scheduled conference day of the term.  The 11 cases taken up for hearing next term include one criminal prosecution, one capital habeas case, and one civil suit against police officers.

In United States v. Jones, No. 10-1259, the question framed by the Government is, "Whether the warrantless use of a tracking device on petitioner's vehicle to monitor its movements on public streets violated the Fourth Amendment."  The Court's order granting certiorari adds the question, "Whether the government violated respondent's Fourth Amendment rights by installing the GPS tracking device on his vehicle without a valid warrant and without his consent."  I've wondered about that aspect of the case as well.

In Martel v. Clair, No. 10-1265, the question presented in California's petition is, "Whether a condemned state prisoner in federal habeas corpus proceedings is entitled to replace his court-appointed counsel with another court appointed lawyer just because he expresses dissatisfaction and alleges that his counsel was failing to pursue potentially important evidence."

In Messerschmidt v. Millender, No. 10-704, the question presented as framed by counsel for the police officers is, "(1) Whether police officers are entitled to qualified immunity when they obtained a facially valid warrant to search for firearms, firearm-related materials, and gang-related items in the residence of a gang member and felon who had threatened to kill his girlfriend and fired a sawed-off shotgun at her? (2) Whether United States v. Leon, 468 U.S. 897 (1984), and Malley v. Briggs, 475 U.S. 335 (1986), should be reconsidered or clarified?"

I was a bit taken aback to see the attorneys for the cops asking for reconsideration of decidedly pro-cop precedents.  It's really more on the "clarified" aspect.  They assert that the rare exceptions to good faith under Leon have proven, at least in some courts, not to be rare enough, and the open-ended wording provides too much wiggle room for judges who want to get around it.

The Court turned down the twice-relisted Russell v. California, No. 10-10201, on exclusion of hearsay evidence offered as mitigation in a capital penalty retrial.

Oklahoma Selected for Intensive Criminal Justice Study:  Oklahoma state leaders announced yesterday that the state's criminal justice system will be the subject of an extensive study, reports Sean Murphy of The Oklahoman.  The Justice Reinvestment Initiative, funded in part by the federal Department of Justice, is aimed at improving public safety and reducing prison overcrowding and costs.  Most states have seen a dramatic drop in violent crime rates over the past decade, but Oklahoma's violent crime rate has increased slightly and ranks 11th in the nation. 

Abandoned Houses Breed Crime in Chicago:  Chicago Tribune reporters Dahleen Glanton, Antonio Olivo, and William Mullen have this piece on the effect the foreclosure crisis in the Englewood section of Chicago has had on crime.  The foreclosure crisis, which one researcher referred to as the city's "tsunami," has resulted in an increasing number of abandoned houses and stories like that of Karen Edwards, who was pulled into a vacant and boarded-up home in 2005 after walking her children to school and raped by three men.

Death Penalty for Leader of Irish Mob?:  Laurel J. Sweet reports in the Boston Herald that while capital punishment "will not be an option" in prosecuting James "Whitey" Bulger in a Massachusetts federal court for 19 homicides, he could later face death sentences in Oklahoma and Florida for murders in those states.  Bulger, 81, and his girlfriend Catherine Greig, 60, were arrested Wednesday night outside their Santa Monica apartment after 16 years on the run. 

California Parolee Accused of Burglary the Day After GPS Tracker Removed:  California parolee and gang member Lawrence Lamar Jackio, 20, is accused of participating in a bloody home burglary the day after his GPS tracker was removed, reports Sam Stanton of The Sacramento Bee.  California began GPS monitoring of gang member parolees last year, but began removing the tracking devices from more than half of the offenders to cut costs by July 1.  In Sacramento County alone, 40 of the 60 who were bring monitored already have had their tracking devices removed.

Psychiatric Hospitals Continue to Discharge Patients Leaving Police and Society to Deal With the Mentally Ill:  Like many officers across the country, Fairfax County police officer Leanna Wilson has ended up on the front line of the American public mental health system, doing a job she didn't sign up for.  As mental health resources shrink due to the financially strapped local and state governments cutting community-based mental health programs, police officers are forced to deal with serious mentally ill patients.  Volatile and sometimes deadly confrontations between the mentally ill and the police are becoming more frequent as psychiatric hospitals continue to discharge large numbers of patients.  In response, police departments throughout the United States have implemented "crisis intervention" training to provide officers with more than just an hour or two of mental health training.  During the training, officers are taught the importance of listening to those in crisis.  During a recent encounter with a suicidal man, Wilson spent over an hour attempting to calm him down and change his mind.  In her 12 years on the job, 36-year-old Wilson had encountered suicidal people, but had never confronted anyone on the verge of carrying out the threat.  As one Virginia officer put it, "This is not our job."  Henri E. Cauvin of the Washington Post has this story.

High-Tech Device Allows Michigan Officers to Search Cell Phones During Traffic Stops:  The Michigan State Police have a high-tech mobile forensics device capable of extracting information from the cell phones of drivers stopped for traffic violations.  The U.S. Department of Justice tested the CelleBrite UFED product used by Michigan police and found that the device can grab all the photos and videos off of an iPhone in less than two minutes.  "Complete extraction of existing, hidden, and deleted phone data, including call history, text messages, contacts, images, and geotags," a CelleBrite brochure explains regarding the device's capabilities.  "The Physical Analyzer allows visualization of both existing and deleted locations on Google Earth. In addition, location information from GPS devices and image geotags can be mapped on Google Maps."  The device is capable of working with 3000 different phone models and can even defeat any password protections.  The ACLU is in uproar and is concerned that these electronic capabilities bypass Fourth Amendment protections against unreasonable searches.  The Newspaper.com has this story.

Inmate Sues State Over Sex-Change Operation:  Lyralisa Stevens, who was born male but lives as a female, is serving 50 years to life in a California prison for killing a woman with a shotgun over a simple clothing dispute.  Since her incarceration in 2003, prison officials have been providing Stevens with her female hormones, but now she is asking the First District Court of Appeals in San Francisco to require the state to pay for a sex-change operation.  Stevens and her expert witness say that in order to be protected from rape and abuse by other male inmates, surgery is medically necessary, so she can be transferred to a women's prison.  If the court were to rule in Stevens' favor, it would make California the first place in the country required to provide reassignment surgery for an inmate.  Providing a transgendered inmate with hormonal treatments cost $1,000 a year per inmate.  Sex-change operations could cost anywhere between $15,000 to $50,000.  "A prison is not required by law to give a prisoner medical care that is as good as he would receive if he were a free person, let alone an affluent free person," attorney Steven J. Bechtold, who represents the receiver, wrote in the state's response to Stevens' petition for the operation.  Jack Dolan of the Los Angeles Times has this story. 

Schwarzenegger Says Controversial Commutation Was to Help a Friend:  Former Governor Arnold Schwarzenegger admitted he was helping a friend when he commuted the sentence of Esteban Nunez, who pleaded guilty to the 2008 stabbing death of a San Diego college student, reports Don Thompson of the AP.  Schwarzenegger's decision to reduce of Esteban's sentence from 16 years to seven drew criticism from prosecutors and the victim's family, especially in light of the fact that Estaban is the son of former Assembly speaker Fabian Nunez.  In a Newsweek interview published this week, Schwarzenegger said he felt good about his decision and that he acted because of his "working relationship" with Fabian, also stating "Well, hello! I mean, of course you help a friend."  Schwarzenegger has admitted to the victim's family that he failed to notify them before commuting Esteban's sentence, in violation of California law.

Two British Men Fatally Shot in Florida as Part of "Gang Initiation":  Paul Thompson and Nick Britten of The Telegraph (UK) report that James Cooper, 25, and James Kouzaris, 24, from Britain were fatally shot in Florida early Saturday morning.  16-year-old Shawn Tyson, who was freed by a judge last week despite being arrested in connection with an armed robbery, is charged with the murders.  Authorities claim Cooper and Kouzaris were at a bar when they accepted a ride home from a stranger.  Instead of being driven home, they were driven to Newton, Sarasota, an area which is known for gang activity and drug dealing.  Cooper and Kouzaris were found dead after they were confronted by a gang of masked men.  Police are saying Tyson will be charged as an adult.

Repeal of Death Penalty Has Consequences:  Steve Huntley of the Chicago Sun-Times writes Governor Pat Quinn's decision to abolish the death penalty in Illinois has claimed its first victim.  Jitka Vesel, 36, was stalked and murdered by her Canadian ex-boyfriend Dmitry Smirnov, 20. According to DuPage County State's Attorney Robert Berlin, a videotaped interrogation by police showed Smirnov saying,"he had researched whether Illinois still had the death penalty and had researched it as recently as the morning of the murder."  Smirnov and Vesel met on an internet dating site and he moved to the Chicago area before returning to Canada after their relationship ended.  Smirnov continued to harass Vesel and returned to the United States two weeks ago.  He bought a handgun in Seattle and glued a GPS device to Vesel's car before tracking her down and shooting her.  Opponents of capital punishment claim among other things that it is not a deterrent for crime, but Vesel's murder may prove otherwise.  "Certainly in this case I think there was a considerable thought about potential penalties before he decided to act," said Berlin.  See Bill Otis's previous post here.

Court Rules Man is Sane Enough to Drop Appeals and Be Executed:  Eric Connor of Greenville Online (SC) reports that Jeffrey Motts, 35, is scheduled to die by lethal injection on May 6th after the Supreme Court found him to be competent enough to waive his appeals.  Motts had asked the South Carolina Supreme Court to dismiss his appellate attorneys and allow him to represent himself because he wanted to die for his crime.  Motts was already serving life in prison for binding and shooting two elderly victims in 1995 when he strangled his cellmate Charles Martin in 2005.  During his trial he asked for his life to be spared because he didn't want his family to have to live with his execution.  Shortly after his conviction, however, he began writing the state Supreme Court, seeking to drop all his remaining appeals because he believes he deserves to die. 

NY Lawmakers Propose Domestic Violence Offender Registry: Your News Now (NY) staff report that New York state lawmakers have proposed a bill to create a registry for domestic violence offenders. If the legislation is passed, anyone convicted of domestic violence would be listed on a statewide database, similar to the registry of sex offenders. The offender's basic personal information, employment information, and address would be made available on the registry. Bronx Assemblywoman Vanessa Gibson stated, "this is about information and this is about education."

Texas Bill Would Allow Testimony About Prior Conduct in Sexual Assault Cases: Patricia Kilday and Brian Rogers of the Houston Chronicle report  that the Texas Senate has tentatively approved a bill that would allow juries to hear testimony about similar allegations against a defendant in sexual assault cases, even if the similar incident did not result in criminal charges or a conviction. Before the testimony could be introduced, a judge would have to hear the evidence outside the presence of the jury and deem it relevant. A final vote on the bill is expected to take place in the coming days, and a companion bill is pending in a House committee. 

The US Solicitor General has petitioned for certiorari in United States v. Antoine Jones, presenting the following question:

Whether the warrantless use of a tracking device on petitioner's vehicle to monitor its movements on public streets violated the Fourth Amendment.

Mike Scarcella has this post at BLT.  The petition is here.  It cites a split between the D.C. Circuit and the Seventh, Eighth, and Ninth Circuits.  Scarcella reports that Jones's attorney is not a happy camper.

Jones' appellate lawyer, Stephen Leckar of Washington's Shainis & Peltzman, said it's "regrettable the Obama administration, which touted itself as a breath of fresh air, seems to be resistant when it comes to advancing the Fourth Amendment's interest in protecting a citizen's right to privacy."

Orin Kerr had this long post on the "mosaic theory" of the D.C. Circuit's opinion when it came out last year.

Police Fatalities Up in 2010:  The number of police officers killed in the line of duty is up 37% from last year, according to data released today by the the National Law Enforcement Officers Memorial Fund.  160 officers have died so far this year, up from a 50 year low of 117 in 2009.  Greg Bluestein of the Associate Press has this story.

No Death Penalty for Accused Arsonist:  Leila Atassi of The Plain Dealer (OH) reports an Ohio defendant accused of setting the deadliest fire in Cleveland's history will not face the death penalty after a federal judge adjudged him mentally retarded.  27-year-old Antun Lewis is charged with igniting a multi-family home in 2005, killing eight children and one adult.  Lewis's trial is scheduled to begin in January.

Warrant Needed for GPS Tracking, Says Delaware Judge:  GPS tracking of a vehicle without a warrant violates the Delaware constitution, according to Superior Court Judge Jan R. Jurden.  Judge Jurden reasoned that if no warrant were required, "any individual could be tracked indefinitely without suspicion of any crime. . . No one should be subject to such scrutiny by police without probable cause."  The courts are currently split on the issue, but this ruling puts Delaware with New York, Oregon, and Massachusetts requiring a warrant for such tracking.  Sean O'Sullivan of The News Journal (DE) has this story.  Hat tip to How Appealing.

Wrong Holiday, Guys:  Two days before Christmas, Customs and Border Protection officers caught 23-year-old Esteban Gates of Florida attempting to smuggle 14 pounds of cocaine camouflaged as Easter eggs, reports Michael Martinez of CNN.  The agents were tipped off because they "trained to detect anomalies in all kinds of situations," stated CBP spokeswoman Lee Harty.

Oklahoma Set to Execute Two Murderers:   Rachel Petersen of the McAlester News-Capital reports that two convicted murderers will be executed by lethal injection in early January.  Billy Don Alverson's sentence will be carried on January 6, for the robbery and murder of a 30-year-old convenience store clerk in 1995.  David Matthews will be put to death on January 11, for the 1994 robbery and murder of his great uncle.  While Alverson has admitted his crime, Matthews still claims to be innocent.  Both murderers will receive a lethal injection cocktail which utilizes the readily-available sedative pentobarbital, a drug usually given in animal euthanasia and physician-assisted suicide in Oregon and the Netherlands, instead of sodium thiopental, the sedative used by most other death penalty states.   

Parole Revoked for Dangerous Sex Offender:  Rachanee Srisavasdi of The Orange County Register (CA) reports parole has been revoked for California sex offender Lawrence Brown.  (Read previous post here.)  Brown was released from prison last month after serving roughly half of his 49 year sentence for sexual assaulting two girls in the 1980s.  State officials opposed his early release, and Brown was rearrested an hour after he left prison for violating conditions of his parole.  Orange County District Attorney Tony Rackauckas announced yesterday that his office will ask a court to designate Brown a sexually violent predator, adding:  "Brown is a convicted repeat child rapist who should never be allowed to walk the streets and hurt innocent victims."

Oregon Bank Bombers Sentenced to Death:  A father-son duo who planted a bomb in an Oregon bank that killed two police officers have been sentenced to death.  Helen Jung of The Oregonian reports that Bruce Turnidge and his son Joshua had planed to rob the bank after setting off the bomb by remote control, but the plan went awry when the bomb exploded as State Trooper William Hakim and Police Captain Tim Tennant were trying to dismantle it.  The blast also critically injured Woodburn Police Chief Scott Russell, who lost a leg, and bank employee Laurie Perkett.   At trial both Trunidge and his son blamed the other for placing bomb and and argued that the police were partially to blame for recklessly attempting to dismantle it.  They also floated the idea that a transmission from an unknown source set off the bomb.

Convicted Murderer Laughs While During Sentencing:  Laura Italiano of the New York Post reports Jeromie Cancel, a drifter convicted of strangling New York City college student Kevin Pravia with an electrical cord, laughed while receiving a sentence of 25 years to life.  Cancel's lack of remorse during the sentencing, which mirrored his attitude throughout the trial, prompted emotional responses from the victim's family.  Since the proceedings began, Cancel has bragged to the media and law enforcement that he killed Pravia "because he wanted to" and to "add spice" to the robbery of the victim's cell phone and computer.  Even Presiding Judge Daniel FitzGerald addressed Cancel's callousness when imposing the maximum possible sentence: "You showed no hint of mercy or human decency toward Mr. Pravia.  I don't think you even understand the basic notion of mercy.  So you'll get none from me."

Sex Offender Impersonates Police Officer to Rape Woman:  A convicted sex offender pretending to be a police officer "arrested" a woman in a Walmart parking lot and raped her, reports Matt Campbell of The Kansas City Star.  55-year-old Wesley Earl Watson was convicted of attempted rape in 1977 and rape/aggravated sodomy in 1984.  He was released on parole in January and required to wear a GPS monitoring device, which allowed police to locate and arrest him earlier this week.  He now faces several felony charges, including rape, kidnapping, and intimidation of a witness.

Arrest in Boston Slayings:  John M. Guilfoil of The Boston Globe reports on an arrest in "one of the worst multiple homicides in Boston's history," which left four people, including a two-year-old boy, shot to death on a street in September.  Dwane Moore, who was released from custody earlier this year after serving time for manslaughter, is charged with four counts of murder and numerous other supporting counts.  Milton J. Valencia and John R. Ellement, also of The Globe, have this story on what authorities say happened on the night of this drug robbery gone bad.

Jury Recommends Death Sentence in Alabama Murder Case:  After deliberating for an hour and a half, an Alabama jury yesterday recommended a death sentence for convicted murderer Ryan Gerald Russell.  Russell was convicted of killing his 11-year-old cousin Katherine Gillespie in 2008, after her body was found stuffed head first in a trashcan in Russell's SUV.  An autopsy report showed she died from a contact gunshot wound to the head.  Russell's defense team claimed the shooting was accidental.  Katie Hurst and Samantha Hurst of the Shelby County Reporter (AL) have this story.

Queens Sniper Convicted:  Matthew Colletta was convicted of one count of murder and 12 counts of attempted murder stemming from his summer 2006 shooting spree, reports Christina Carrega of the New York Post.  For six and a half hours, Colletta went through Queens targeting red cars and people wearing red clothing.  He defended his behavior to authorities by claiming the Bloods gang (whose members wear red) had threatened him.

DC GPS Ruling Stands:  In a 5-4 ruling, the U.S. Court of Appeals for the DC Circuit declined to revisit their previous ruling that police must obtain a warrant before tracking a vehicle with GPS.  A three-judge panel of justices determined this summer that GPS tracking absent a warrant violates the Fourth Amendment because a "reasonable person does not expect anyone to monitor and retain a record every time he drives his car, including his origin, route, destination, and each place he stops and how long he stays there."  Jim McElhatton of The Washington Times has this article.

No GPS For Some Massachusetts Sex Offenders:  The state's high court today affirmed that GPS monitoring may not be retroactively added to a probationer's conditions.  In 1990, Ralph Goodwin pleaded guilty to kidnapping a seven-year-old boy and sexually assaulting him in a basement.  Goodwin was sentenced to a term of 30 to 40 years, but was released on probation in 2009.  Shortly after his release, the state sought to add a GPS monitoring requirement to Goodwin's probation conditions.  Citing a 2009 case, the court ruled that absent a probation violation or other major change in circumstances, such a "punitive" condition as GPS monitoring could not be retroactively added to Goodwin's conditions.  The Boston Herald reports that 162 convicted sex offenders have also successfully terminated their GPS monitoring requirement as a result of the 2009 case.

Seattle Cold Case Killer x 2:  The Seattle Post Intelligencer (WA) reports a Washington ex-con has been hit with his second cold case murder charge of the year.  In March, Samuel Evans was charged with the shooting death of Jackson Schley in 1972 (Evans also abducted and raped Schley's wife at the time).  Today, prosecutors charged him with an even colder case - the stabbing death of James Kueler in 1968.  Both unsolved murders were linked to Evans through a DNA database, to which Evans was added while he served a separate 20 year sentence for sexual assault in Nevada.

En Banc Hearing for Washington's Felon Disenfranchisement Law:  The Ninth Circuit will revisit the legality of Washington's felon disenfranchisement law, which prohibits incarcerated felons from voting.  In January, a three-judge panel of the court struck down the law, finding that its disparate effect on minorities stemmed from racial discrimination in the state's criminal justice system.  Argument is set for next Tuesday.  The Seattle Times (WA) has this story.  

VA Court Gives the Go-Ahead for GPS Tracking of Suspects:  A Virginia appeals court today upheld the ability of police to place a GPS monitoring device on a suspect's vehicle without a warrant.  David Foltz was already a registered sex offender when he became a suspect in a string of new sexual assaults, prompting police to place a GPS device on his work van.  As a result of Foltz's monitored movements and further police surveillance, he was convicted of abduction with intent to defile and sentenced to life.  Despite Foltz's arguments that his Fourth Amendment rights had been violated, the court found that placement of the device on the outside of the van did not constitute a search or seizure giving rise to such a claim.  Other courts have reached the opposite conclusion in similar cases, leaving this issue possibly ripe for SCOTUS review.  Read the Washington Post's article here.

Ban on Student Drug Testing Upheld in CA:  As the San Francisco Chronicle reports (and as an update to a previous News Scan post) a California appeals court last week upheld a ban on drug testing students in extracurricular activities until legality of the testing can be determined.  According to school officials, the district implemented the drug testing program after hearing reports of drug use within some school clubs, relying on a 2002 SCOTUS decision (Board of Education v. Earls) that such testing was constitutional.  In an opinion written by California Supreme Court Chief Justice nominee Tani Cantil-Sakauye, however, the appeals court found that the testing is likely illegal under the more protective California constitution.   

Court Tosses Out FL Death Row Inmate's Lawsuit Against Victim:  The St. Petersburg Times (FL) has this story about a gratifying end to a death row inmate's lawsuit against his victim's estate.  Seven years ago, William Deparvine responded to an ad placed by victim Richard Van Busen selling a refurbished 1971 Chevy Cheyenne.  After typing up a bill of sale, Deparvine murdered Van Busen and his wife, leaving their bodies facedown in a dirt highway.  From death row, Deparvine has accused Van Busen's family of stealing the truck from him - even contacting Van Busen's daughter personally - and pointed to the bill of sale as his proof of ownership.  Last week, a Florida appeals court affirmed that Van Busen's estate was the rightful owner of the vehicle.  The family remains doubtful that this will be the end of Deparvine's harassment.  

Can a series of surveillance steps by government agents, none of which is a "search" by itself, add up to a search? In this post at VC, Orin Kerr skeptically reviews today's D.C. Circuit decision in United States v. Maynard.