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Criminal Defense
What's the best way to assert my right to remain silent if I am being questioned by the police?
If you're taken into custody by the police, you don't have to use any magic words to let police officers know that you want to remain silent. You can simply say nothing in response to police questions. Or, after an officer gives you a Miranda warning, you can stop the questioning by saying something like:
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Disciplinary Licensing Actions
Most licensees have never been visited by a state licensing investigator. If you are not familiar with license disciplinary actions, you may essentially lose your license before a formal Accusation is even filed. When contacted by an investigator, you should be both cooperative and defensive. Licensees often think that the complaint is without merit, so they do not pay much attention to the investigation. Regardless of whether the complaint has merit, you should realize that the investigator usually gives great credibility to the complaining party. Simply denying any wrongdoing is usually not enough for the investigator to close his or her investigation without further action.
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Case Summaries
Criminal Law & Procedure
[05/16]
US v. Williams
In a prosecution for wire fraud and federal funds theft, defendant's conviction is affirmed where: 1) each count of defendant's convictions satisfied the Blockburger test and did not violate the Fifth Amendment Double Jeopardy Clause; 2) neither the district court's admission of evidence nor its final jury charge constituted error; and 3) sufficient evidence supported defendant's convictions. However, the sentence is vacated and remanded where the district court's factual findings did not justify an application of upward adjustments for aggravated role or for abuse of trust.
[05/16]
Reese v. Herbert
In a 42 U.S.C. section 1983 action for damages wherein plaintiff alleged various claims of police misconduct in arresting him, order denying plaintiff's motion to leave to file a second amended complaint and disallowing an expert witness affidavit is affirmed, but summary judgment for defendant on basis of qualified immunity is reversed where: 1) the additional utility extracted from reviewing defendants' records and consulting an expert did not justify plaintiff's delay in seeking leave to amend; 2) the expert affidavit was properly excluded, as plaintiff's failure to comply with Fed. R. Civ. Pro. 26 was both unjustified and harmful to the defendants; but 3) the district court erred by failing to review the full record on summary judgment and misapplied the legal standards for summary judgment.
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