Yesterday, I posted an entry about Alabama’s new gun legislation, approved by the Legislature, and awaiting Governor Bentley’s signature. Full Story
Eighth Circuit Limits Safe Harbor – Allowing Securities Fraud Violators to Avoid Jail if They Have "No Knowledge" Of Pertinent SEC Rule — To Those Who Prove Lack of Knowledge of Rule’s Substance
Under 15 U.S.C. § 78ff (a), a defendant who willfully violates any SEC rule or regulation is subject to imprisonment for up to 20 years, unless “he proves that he had no knowledge of such rule or regulation.” Full Story
Chester cops arrested 20-year-old Robert Kenney Jr. and confiscated more than three (3) pounds of marijuana and marijuana candy from his vehicle.
Minnesota Citizen Charged with DWI Test Refusal After Drinking Urine: Is Refusal Law Constitutional After McNeely?
Last week a man was arrested by Woodbury, Minnesota police on suspicion of driving while impaired (DWI). Once at the Washington County jail, the officer asked the man to provide a urine sample. Full Story
As readers know, Terry Lenamon is a nationally known expert in mitigation trial work on death penalty cases. Full Story
Consumption of alcohol on navigable waters has a long tradition, going back to the British Royal Navy, where the alcohol ration given to all sailors at noon was 4.5 liters of beer, which was replaced in 1655 with half a pint of rum after the British capture of Jamaica from Spain. Full Story
Defendant Bears Burden of Proving Conspiracy Withdrawal Even When Withdrawal Date Implicates Statute of Limitations Defense On Which Government Normally Bears Burden
In a recent case, United States v. Smith, 133 S. Ct. 714 (2013), the Supreme Court had occasion to examine the conspiracy withdrawal defense and to reconsider whether it is the defendant or the government that carries the burden of proof of that defense when the withdrawal arguably occurs at a point in time outside the statute of limitations for a conspiracy charge. Full Story