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Tag: criminal

Amy Hess, Special Agent in Charge of FBI’s Louisville Division, Gets Promoted to Headquarters

FBI Special Agent Amy Hess has been promoted to executive assistant director of the Criminal, Cyber, Response and Services Branch at the bureau’s headquarters.

By Steve Neavling
Ticklethewire.com

Amy Hess, who served as special agent in charge of the FBI’s Louisville Division for the past two years, is taking a job at FBI headquarters in Washington D.C., making her one of the highest-ranking women in the bureau.

Hess will serve as executive assistant director of the Criminal, Cyber, Response and Services Branch, overseeing the FBI’s Criminal Investigative Division, Critical Incident Response Group, Cyber Division, International Operations Division and Victim Services Division, the bureau wrote in a news release.

Hess joined the bureau in 1991, joining the Kansas City field office. From there, she served a variety of important roles, from assistant special agent in charge of the Phoenix Field Office and on-scene commander of the FBI’s counterterrorism operations in Afghanistan to chief of staff in the National Security Branch to special agent charge of the Memphis Field office.

The FBI has yet to name Hess’ replacement.

Parker’s Supreme Court Watch: Losing Scalia Vote Has Not Changed Result in Criminal Cases

Ross Parker

Ross Parker

Ross Parker was chief of the criminal division in the U.S. Attorney’s Office in Detroit for 8 years and worked as an AUSA for 28 in that office.

By Ross Parker
ticklethewire.com

The Supreme Court will follow the usual pattern of not hearing oral argument in May and June. But that doesn’t mean that the Justices are loafing in their chambers. Far from it. There are per curiam opinions to write, individual opinions to author and certiorari petitions to consider.

So far this term the Court has issued a half dozen per curiam (by the Court) opinions. These are decisions without a designated author, usually without a dissent or concurrence and concerning well settled areas of the law. The cases are often non-controversial, do not involve an oral argument, and serve to quickly dispose of a routine issue. They are sometimes criticized as a method of avoiding individual Justice accountability and controversies. An example is the case of Bush v. Gore, regarding the election of 2000. The cases of this term, although having some value in terms of the development of the law, do not appear to be subject to this criticism.

The most significant and time-consuming of the work to be done in the two months left of the term are the draft opinions to circulate, discuss and argue about and the cases to decide before the June adjournment. Among criminal cases, which only make up a fraction of the docket of 150-200 cases annually, the Justices still have 12 cases to decide among the 22 oral arguments they heard from October to April.

Predicted 9 of 10 Decisions

So far the Court has decided 10 of the 22 heard during this term. This column has, thus far, correctly predicted the result in 9 of the 10. Not too shabby.

The case I missed was Luis v. United States, in which 4 Justices held that the pretrial freezing of untainted assets subject to forfeiture violated the 6th Amendment. The precedential value of the case is discussed further below.

Justice Antonin Scalia

Justice Antonin Scalia

Justice Scalia’s absence has, no doubt, been felt in the process of deciding cases, but losing his vote has not changed the result in the criminal cases, at least not that is visible to the public. His votes on cases that had not been announced as of the time of his death are void, but there have been no 4-4 criminal cases handed down. In that situation the ruling of the lower court stands.

In one case decided, Luis v. United States, however his absence may have affected the precedential value of the decision. The plurality opinion was signed by only 4 Justices, but with Justice Thomas’s concurrence in the result (but not the reasoning), there was a five-vote majority with 3 dissents. The stare decisis (precedential authority of the principle of law) effect on future, similar cases of the primary opinion will have to wait for those future cases. This has been a matter of some debate. Compare The Legal Tender Cases (1870) with Mitchell v. W.T. Grant Co. (1974).

In any event the likelihood of a 4-4 stalemate is more likely in some of the hot-button civil cases currently pending, like the lawsuit to block President Obama’s order to defer deportation of 5.5 million aliens and the case involving Texas’s restriction on abortion law. Few of the pending criminal cases are likely to end up in this predicament. It has been speculated that the Court sometimes looks for a more narrow reasoning to achieve the result of a decision if the preliminary vote is 4-4. The precedential value of the case is limited but at least the opinion serves the purpose of the “right” result rather than just letting the lower court’s opinion stand.

Next month’s column on the Court will report on the case decisions during the month of May, and the following one will wrap up the significant developments of the Court’s term.

Parker: Five Tough Criminal Cases for the Supreme Court in February

Ross Parker was chief of the criminal division in the U.S. Attorney’s Office in Detroit for 8 years and worked as an AUSA for 28 in that office.

Ross Parker

Ross Parker

By Ross Parker
ticklethewire.com

Tough sledding for the Supreme Court in February with oral arguments on five thorny criminal justice cases.

Judicial Bias : What was he thinking? In Williams v. Pennsylvania the DA of Philadelphia, Ronald Castille, personally authorized the pursuit of the death penalty against Terrence Williams in connection with the office’s prosecution for a brutal murder. Williams was tried, convicted and sentenced to death. Castille supervised the direct appeal, which was denied. During post-conviction proceedings, with Castille still heading the office, a lower court found that his office had violated the Brady rule in failing to turn over exculpatory evidence during the penalty phase (that Williams had been abused along with other minors by the victim) and in presenting false argument.

Shortly thereafter Castille ran for election to the Pennsylvania Supreme Court and boasted during the campaign that he had personally sent Williams and others to death row. He won the election. By the time the case reached the state supreme court, Castille had become the Chief Justice.

Incredibly, Castille refused to recuse himself from the case when the appeal arrived in the Pennsylvania Supreme Court. The court unanimously reversed the lower court and reinstated the death sentence. Chief Justice Castille wrote a scathing concurring opinion criticizing the Defender’s Office as “ringmasters, with their parrots and puppets as a side show.”

US_Supreme_Court

Prediction: Reverse. It is astounding that this guy failed to appreciate that his direct participation in the case created a risk that he could not decide it fairly. The appearance of actual and potential bias was obvious particularly when the issue was his former office’s misconduct.

The voters should turn him out of office. He has damaged the reputation of good prosecutors and judges, as well as the reputation of the state’s highest court. The remedy for the Supreme Court is the conundrum. Merely remanding the case to the Pennsylvania Supreme Court without Castille sitting on the case seems hardly enough. A different vote by the other Justices is an admission of that they were previously influenced by Castille’s involvement, but reaffirming their former votes smacks of continued injustice.

Search Attenuation Doctrine:  In Utah v. Strieff the issue is whether evidence seized incident to a lawful arrest on an outstanding warrant should be suppressed because the investigative stop was not supported by reasonable suspicion or probable cause.

The officers had some reason after surveillance to stop the defendant’s vehicle on suspicion of drug dealing, but the information did not meet the reasonable suspicion standard. To their happy surprise, however, after the stop they learned that there was already an arrest warrant outstanding.  A search incident to that arrest produced evidence. However the Utah courts threw the evidence out and tossed the case. A great law school exam case.

Read more »

FBI-led Raids Result in Rescue of 69 Child Hookers and Arrests of 99 Pimps

By Allan Lengel
ticklethewire.com

WASHINGTON — Child prostitution continues to be a nationwide problem.

With that in mind, over the past few days, the FBI along with local and state police and the National Center for Missing and Exploited Children (NCMEC) concluded Operation Cross Country V, in which 69 child prostitutes were “rescued”,  the FBI said Monday.

Additionally, authorities said the operation in 40 cities netted nearly 885 arrests including 99 pimps.

“Child prostitution continues to be a significant problem in our country, as evidenced by the number of children rescued through the continued efforts of our crimes against children task forces,” said Shawn Henry, executive assistant director of the FBI’s Criminal, Cyber, Response, and Services Branch. “There is no work more important than protecting America’s children and freeing them from the cycle of victimization.”

The crackdown was part of the  nationwide Innocence Lost National Initiative.

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