Maryland’s highest court reviewing teen sniper’s life term

Legal Insight 2021/08/29 11:09   Bookmark and Share
Maryland’s highest court has agreed to take up the case of Lee Boyd Malvo, who is serving life in prison for his role in the 2002 sniper spree that terrorized the Washington, D.C., region.

Malvo’s lawyers argue that his punishment goes against a 2012 Supreme Court ruling barring mandatory life sentences without parole for juvenile offenders and Malvo should benefit from Maryland’s new law enabling prisoners convicted as juveniles to seek release once they’ve served at least 20 years.

The state Court of Appeals granted a “bypass” review in Malvo’s case and that of two others serving life sentences for crimes committed as youths, news outlets report. The order issued Wednesday scheduled oral arguments to begin in January.

Malvo was 17 when he and John Allen Muhammad embarked on a killing spree that left 10 people dead and three wounded in Maryland, Virginia and the District of Columbia. Others were killed as the pair made their way to the D.C. region from Washington state. Muhammad was executed in 2009.

Malvo has claimed that the six life-without-parole terms he received in Maryland are illegal in light of U.S. Supreme Court decisions saying mandatory life-without-parole sentences are unconstitutional for juveniles except in rare cases.

His case may have new standing after Maryland’s General Assembly abolished life without parole for youths, overriding a veto by Gov. Larry Hogan. Virginia passed similar legislation last year. That change prompted Malvo to drop a legal appeal that had gone to the Supreme Court to determine if his life sentence should be rescinded.
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Judge tells prison to seize Nassar’s money for victims

Legal Insight 2021/08/22 12:02   Bookmark and Share
A judge ordered the government to take money from the prison account of a former Michigan sports doctor who owes about $58,000 to victims of his child pornography crimes.

Larry Nassar has received about $13,000 in deposits since 2018, including $2,000 in federal stimulus checks, but has paid only $300 toward court-ordered financial penalties and nothing to his victims, prosecutors said.

He had a prison account balance of $2,041 in July.

“Because (Nassar) has received substantial non-exempt funds in his inmate trust account since incarceration, he was required by law to notify the court and the United States attorney and to apply those funds to the restitution that he still owed,” U.S. District Judge Janet Neff said Thursday.

In a court filing, Nassar said he had received “gifts” from “third parties.”

He said inmates should be paid a “living wage” for prison jobs so they can “make reasonable payments towards restitution.”

Nassar was a doctor at Michigan State University and USA Gymnastics, which trains Olympians. He pleaded guilty in federal court to child pornography crimes before pleading guilty in state court to sexually assaulting female gymnasts.

Nassar is serving decades in prison.
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Bankruptcy proceedings can have long-term benefits

Legal Insight 2021/07/22 11:24   Bookmark and Share
Chicago Bankruptcy Law Firm Covers Bankruptcy in the Wake of COVID-19

The COVID-19 pandemic has damaged the economy, leaving many families and business owners worried about how they will pay for even the most basic expenses. In the midst of this crisis, you might be considering filing for bankruptcy or wondering how COVID-19 will affect an existing bankruptcy filing.

No matter your situation, the Chicago Bankruptcy Law Firm of Daniel J. Winter is here to help give you the answers and assistance that you need. We are more than happy to explain to anyone in financial distress exactly what their options are.

What Is Bankruptcy?

Bankruptcy is a Federal system of laws, rules, and procedures designed to help legal residents of the U.S. deal with their debts, which, for whatever reason, individuals or businesses cannot pay as they are due. The most common types of Bankruptcy are for people (called Consumer Bankruptcies).

Two major types of Consumer Bankruptcy are Chapter 7 (liquidation or debt elimination), Chapter 13 (wage-earner reorganization for individuals or people running unincorporated businesses).

Chapter 11 is a type of Corporate Bankruptcy (reorganization for businesses and certain individuals with extremely large amounts of debt). Chapter number refers to the section of the Bankruptcy law, called the Bankruptcy Code (which is in Title 11 of the U.S. Code).

Bankruptcy cases almost exclusively fall under federal law, though states may pass laws governing issues that federal law doesn’t address. Special bankruptcy courts nationwide handle only debtor-creditor cases. Generally, any bankruptcy-related claim must be filed with the U.S. Bankruptcy Court.
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Judges hear arguments over Census’ contentious privacy tool

Legal Insight 2021/05/02 11:30   Bookmark and Share
The fight over whether the U.S. Census Bureau can use a controversial statistical technique to keep people’s information private in the numbers used for drawing political districts on Monday was going before a judicial panel which must decide if the method provides enough data accuracy.

A panel of three federal judges was hearing arguments on whether the method known as “differential privacy” meets the federal legal requirement for keeping private the personal information of people who participated in the 2020 census while still allowing the numbers to be sufficiently accurate for the highly-partisan process of redrawing congressional and legislative districts.

Because a panel of three federal judges will decide the matter, any appeal could go straight to the Supreme Court.

This first major challenge to the Census Bureau’s use of differential privacy comes in the lawsuit filed by the state of Alabama and three Alabama politicians over the statistical agency’s decision to delay the release of data used for drawing congressional and legislative districts. Normally the redistricting data are released at the end of March, but the Census Bureau pushed the deadline to sometime in August, at the earliest, because of delays caused by the pandemic.

Alabama claims the delay was caused by the bureau’s attempt to implement differential privacy, which the state’s attorneys say will result in inaccurate redistricting numbers. At least 16 other states back Alabama’s challenge, which is asking the judges for a preliminary injunction to stop the Census Bureau from implementing the statistical technique. Alabama also wants the agency to release the redistricting data by July 31.

Civil rights advocates, state lawmakers and redistricting experts have raised concerns that differential privacy will produce inaccurate data for drawing districts, and that will result in a skewed distribution of political power and federal funds. They also worry it will make it difficult to comply with sections of the Voting Rights Act requiring the drawing of majority-minority districts when racial or ethnic groups make up a majority of a community.

Differential privacy adds mathematical “noise,” or intentional errors, to the data to obscure any given individual’s identity while still providing statistically valid information. Bureau officials say the change is needed to prevent data miners from matching individuals to confidential details that have been rendered anonymous in the massive data release. In a test using 2010 census data, which was released without the obscuring technique, bureau statisticians said they were able to re-identify 17% of the U.S. population using information in commercial databases.
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Feds drop legal battle over tribe’s reservation status

Legal Insight 2021/02/20 20:09   Bookmark and Share
The Mashpee Wampanoag Tribe scored a legal victory Friday when the U.S. Interior Department withdrew a Trump administration appeal that aimed to revoke federal reservation designation for the tribe’s land in Massachusetts.

A federal judge in 2020 blocked the U.S. Interior Department from revoking the tribe’s reservation designation, saying the agency’s decision to do so was “arbitrary, capricious, an abuse of discretion, and contrary to law.” The Trump administration appealed the decision, but the Interior Department on Friday moved to dismiss the motion.

In a filing in a federal appeals court in Washington, D.C., the Interior Department said it had “conferred with the parties and none opposes this motion.” A judge granted the motion and dismissed the case.

The tribe’s vice chair, Jessie Little Doe Baird, called it a triumph for the tribe and for ancestors “who have fought and died to ensure our Land and sovereign rights are respected.”

“We look forward to being able to close the book on this painful chapter in our history,” Baird said in a statement. “The decision not to pursue the appeal allows us continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.”

The Cape Cod-based tribe was granted more than 300 acres (1.2 square kilometers) of land in trust in 2015 by then-President Barack Obama, a move that carved out the federally protected land needed for the tribe to develop its planned $1 billion First Light casino, hotel and entertainment resort.

The tribe learned in March 2020 that the federal government was moving to reverse the reservation designation. The Trump administration decided it could not take the land into trust because the tribe was not officially recognized as of June 1, 1934. That was the year the federal Indian Reorganization Act, which laid the foundation for modern federal Indian policy, became law.

At the time, the tribe’s chair called it a “sucker punch.”  The tribe, which traces its ancestry to the Native Americans that shared a fall harvest meal with the Pilgrims in 1621, gained federal recognition in 2007.

U.S. Representative Bill Keating, D-Mass., whose district includes Cape Cod, applauded the decision to drop the appeal.
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Circuit court judge accused of altering paperwork

Legal Insight 2021/02/11 14:28   Bookmark and Share
A New Hampshire circuit court judge has been accused of altering court paperwork with white out in a 2019 family division case while she was under investigation by the judicial branch.

Julie Introcaso, a Bedford judge who was suspended in October, was charged Thursday with two felony counts of falsifying physical evidence and three misdemeanors alleging tampering with public records or information and unsworn falsification.

The attorney general’s office said Introcaso will be arraigned at a later date. It wasn’t immediately known if she had a lawyer, and a number could not be found for her.

The attorney general’s office began an investigation last fall after the state Judicial Conduct Committee released a document alleging that Introcaso violated the state’s Code of Judicial Conduct.

That complaint alleges that Introcaso oversaw a child custody case for about six months despite having a friendship with a lawyer who was serving as a guardian ad litem in the matter. She approved rulings on the guardian’s fees and method of payment.

She eventually recused herself, citing a conflict of interest, but a party in the case made a complaint about her to the committee, which started an investigation. The committee alleges she altered the court orders during the investigation.

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