Monday, April 12, 2010
Friday, April 9, 2010
Reasonable Doubt
Reasonable Doubt
U.S. v. Milbourn, No. 08-2525 (April 7, 2010) S.D. Ind., Indianapolis Div. Affirmed
Record contained sufficient evidence to support defendant's conviction on charges of conspiracy to intimidate or interfere with third-parties' use of their home on account of their race by burning cross on front lawn of said individuals' home. While defendant argued that evidence failed to establish that he was motivated by bi-racial makeup of occupants of home, record showed that defendant had uttered to others that he had "burned a cross on a nigger's yard." Moreover, jury could properly have viewed burning cross as evidence of racism and as threatening act of intimidation.
U.S. v. Milbourn, No. 08-2525 (April 7, 2010) S.D. Ind., Indianapolis Div. Affirmed
Record contained sufficient evidence to support defendant's conviction on charges of conspiracy to intimidate or interfere with third-parties' use of their home on account of their race by burning cross on front lawn of said individuals' home. While defendant argued that evidence failed to establish that he was motivated by bi-racial makeup of occupants of home, record showed that defendant had uttered to others that he had "burned a cross on a nigger's yard." Moreover, jury could properly have viewed burning cross as evidence of racism and as threatening act of intimidation.
Evidence
Evidence
U.S. v. Jones, No. 09-1740 et al. Cons. (April 7, 2010) S.D. Ind., Evansville Div. Affirmed and vacated in part and remanded
Defendant was entitled to new trial on drug conspiracy charge where police officer was allowed to identify defendant's voice on recorded conversation where said identification was based in part on officer's claim that he had overheard conversation between defendant and his counsel prior to court hearing. Admission of officer's testimony precluded defendant's counsel from conveying to jury in any meaningful way fact that defendant had disputed officer's claim that conversation with defendant's counsel had occurred, and officer's other basis for making said identification was limited to brief statements defendant had made in-court. Moreover, Dis t. Ct. should have explored conflict of interest arising out of advocate witness rule before denying defendant's motion for mistrial
U.S. v. Jones, No. 09-1740 et al. Cons. (April 7, 2010) S.D. Ind., Evansville Div. Affirmed and vacated in part and remanded
Defendant was entitled to new trial on drug conspiracy charge where police officer was allowed to identify defendant's voice on recorded conversation where said identification was based in part on officer's claim that he had overheard conversation between defendant and his counsel prior to court hearing. Admission of officer's testimony precluded defendant's counsel from conveying to jury in any meaningful way fact that defendant had disputed officer's claim that conversation with defendant's counsel had occurred, and officer's other basis for making said identification was limited to brief statements defendant had made in-court. Moreover, Dis t. Ct. should have explored conflict of interest arising out of advocate witness rule before denying defendant's motion for mistrial
Criminal Jurisdiction
Jurisdiction
U.S. v. Leija-Sanchez, No. 09-2672 (April 8, 2010) N.D. Ill., E. Div. Reversed
Dist. Ct. erred in dismissing charge under 18 USC section 1959, alleging that defendant arranged and paid for murder of Mexican citizen that took place in Mexico, after finding that section 1959 did not apply to crimes occurring outside of U.S. Dismissal was improper where instant murder was designed to facilitate operation of criminal enterprise located in U.S.
U.S. v. Leija-Sanchez, No. 09-2672 (April 8, 2010) N.D. Ill., E. Div. Reversed
Dist. Ct. erred in dismissing charge under 18 USC section 1959, alleging that defendant arranged and paid for murder of Mexican citizen that took place in Mexico, after finding that section 1959 did not apply to crimes occurring outside of U.S. Dismissal was improper where instant murder was designed to facilitate operation of criminal enterprise located in U.S.
Wednesday, April 7, 2010
Lake Co. judge candidate will not accept donations
Daily Herald
Lake Co. judge candidate will not accept donations
By Tony Gordon | Daily Herald Columnist
Published: 4/7/2010 12:01 AM
A candidate for circuit judge in the 6th Judicial Subcircuit has announced he intends to personally finance his own campaign.
Michael Perillo of Grayslake, the Democratic challenger of Circuit Judge Jorge Oritz, said he wants to make sure he is seen as free from outside influence if elected to the bench.
"I am committed to running a truly independent campaign and ultimately serving as a truly independent judge," Perillo said. "Accordingly, I am instructing my campaign committee to refund donations previously received and to accept no further monetary contributions."
Judicial candidates have spent from $20,000 to more than $100,000 in recent Lake County elections, and Perillo said he hopes the stand he is taking will lead to a general discussion of campaign finance regulations for judicial races.
He began his legal career as an attorney in the Navy's Judge Advocate General Corps at Great Lakes, then served as an assistant public defender and assistant state's attorney before going into private practice.
The 6th Subcircuit includes Antioch, Grayslake, Lake Villa, Lindenhurst and Winthrop Harbor.
Scholarships available
Lake County high school students are encouraged to apply for scholarships to attend the Illinois Teenage Institute on Substance Abuse.
The five-day institute is a prevention education program scheduled to be held July 18 through July 22 at Monmouth College in Monmouth.
The Illinois Sheriff's Association is awarding 60 scholarships statewide to cover tuition, lodging, workshop materials, meals and recreation.
Applicants should be responsible teens under 18 who will be in high school for the 2010-11 school year, willing to attend the entire institute and willing to serve as a youth leader and prevention resource in his or her school, neighborhood or community.
More information and applications go to www.os-iti.org or call the Lake County sheriff's office at (847) 377-4050.
Applications should be returned to the sheriff's office by April 16.
Heard in the hallway
Condolences to Debbie Hoem, adult referral specialist for the Lake County Probation Department, on the recent death of her husband, retired Gurnee police officer Charles Hoem.
Lake Co. judge candidate will not accept donations
By Tony Gordon | Daily Herald Columnist
Published: 4/7/2010 12:01 AM
A candidate for circuit judge in the 6th Judicial Subcircuit has announced he intends to personally finance his own campaign.
Michael Perillo of Grayslake, the Democratic challenger of Circuit Judge Jorge Oritz, said he wants to make sure he is seen as free from outside influence if elected to the bench.
"I am committed to running a truly independent campaign and ultimately serving as a truly independent judge," Perillo said. "Accordingly, I am instructing my campaign committee to refund donations previously received and to accept no further monetary contributions."
Judicial candidates have spent from $20,000 to more than $100,000 in recent Lake County elections, and Perillo said he hopes the stand he is taking will lead to a general discussion of campaign finance regulations for judicial races.
He began his legal career as an attorney in the Navy's Judge Advocate General Corps at Great Lakes, then served as an assistant public defender and assistant state's attorney before going into private practice.
The 6th Subcircuit includes Antioch, Grayslake, Lake Villa, Lindenhurst and Winthrop Harbor.
Scholarships available
Lake County high school students are encouraged to apply for scholarships to attend the Illinois Teenage Institute on Substance Abuse.
The five-day institute is a prevention education program scheduled to be held July 18 through July 22 at Monmouth College in Monmouth.
The Illinois Sheriff's Association is awarding 60 scholarships statewide to cover tuition, lodging, workshop materials, meals and recreation.
Applicants should be responsible teens under 18 who will be in high school for the 2010-11 school year, willing to attend the entire institute and willing to serve as a youth leader and prevention resource in his or her school, neighborhood or community.
More information and applications go to www.os-iti.org or call the Lake County sheriff's office at (847) 377-4050.
Applications should be returned to the sheriff's office by April 16.
Heard in the hallway
Condolences to Debbie Hoem, adult referral specialist for the Lake County Probation Department, on the recent death of her husband, retired Gurnee police officer Charles Hoem.
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