Thursday, September 11, 2014

Three Days in September: 9/11, Biko, Attica

Three Days in September: 9/11, Biko, Attica
Jay Leiderman, 9/11 2014
Today is 9/11.  Many people today think that was the worst day in American history.  As it is the event that defined my age, and I wasn’t alive during Pearl Harbor or when South Carolina seceeded and the like, I could certainly be easily persuaded to agree that 9/11 was the worst day in American history.


My home page is jayleiderman.com
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Tuesday, September 2, 2014

NYTimes: DNA Clears Two Convicted In ’83 Murder

Two mentally disabled half-brothers who were convicted in the rape and murder of an 11-year-old girl 30 years ago were declared innocent and released by a judge in North Carolina.



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JAY LEIDERMAN AT WORK IN HIS VENTURA, CA OFFICE

Friday, August 29, 2014

Splitting Hairs Over Causation: When Is Amish Beard Cutting A Hate Crime?

Sixth Circuit ruling earlier this week is a victory for critics of federal hate crime legislation, as well as the defendants in the case, a group of Amish men and women who forcibly cut the hair and sheared the beards of their Amish victims. The defendants, members of the Bergholz Amish community, admitted to a series of attacks against other Amish with whom the defendants had longstanding feuds. In the Amish community, men wear long beards and women grow long hair as signs of piety and view voluntarily cutting one’s own hair as a sign of contrition. Cutting another person’s hair is a forceful condemnation of the victim. Prosecutors had argued that the defendants assaulted their victims because of their religious identity. The case is the first appellate case involving a religious hate crime brought under The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. The statute prohibits “willfully caus[ing] bodily injury to any person . . . because of the actual or perceived . . . religion . . . of [that] person.”

Read more: 
http://abovethelaw.com/2014/08/splitting-hairs-over-causation-when-is-amish-beard-cutting-a-hate-crime/

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Jay Leiderman 

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Thursday, August 28, 2014

‘Find the best defense attorney you can’ Hackers being prosecuted under the CFAA don’t just need digital experts; they need good defense against a law vague enough to encompass most anything

Most criminal defendants, whether fighting a DUI or fighting Computer Fraud and Abuse Act charges, have a small legal team, often just one overtaxed defense attorney. Matthew Keys, the social media editor who’s accused of helping Anonymous vandalize the Los Angeles Times’ website, has not just Tor Ekeland on his team, but also Jay Leiderman, another lawyer developing something of a reputation as a specialist in hackers charged by the government with violating the CFAA.



- See more at: http://www.cjr.org/cloud_control/lawyers_hacker_call_part_2.php?nomobile=1#sthash.VUl5TdmK.dpuf

Ventura's Best Lawyer
Jay Leiderman 
Please visit my homepage 
5740 Ralston St 300
Ventura, California 93003


The Sabu Effect: An Interview with Jay Leiderman



The knock at the door. The blinding lights, the shouted orders, the helmets, the uniforms, the guns, the confusion, the melee.

The raid.

When it’s all over, and the FBI is sifting through everything from your Friends list to your Playstation, who do you call? If you’re a hacker or a member of Anonymous, California criminal defense lawyer Jay Leiderman is going to be somewhere on that list. 


Read more: 

http://thecryptosphere.com/2014/08/22/the-sabu-effect-an-interview-with-jay-leiderman/

Ventura's Best Lawyer
Jay Leiderman 
Please visit my homepage 
5740 Ralston St 300
Ventura, California 93003

Wednesday, August 27, 2014

Los Angeles man a suspected serial killer



California: Man Suspected in String of Killings
 ("The authorities in Los Angeles say a man in custody is a serial killer who shot seven people, leaving four dead over five days.")

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Juveniles stripped of appeal rights


Law.com/Connecticut Law Tribune

Supreme Court Ruling Puts Juvenile Appeals on Hold
 ("If a teen wants to appeal a judge's decision transferring his criminal case to adult court from the juvenile court, he's going to be waiting a while.")

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Tuesday, August 26, 2014

NLG Press Release: National Lawyers Guild Condemns Ongoing Arrests of Legal Observers in Ferguson

FOR IMMEDIATE RELEASE

August 26, 2014

Contact: Tasha Moro
Communications Coordinator
212-679-5100, ext. 15

*National Lawyers Guild Condemns Ongoing Arrests of Legal Observers in
Ferguson*
*Police Arrested Three NLG Legal Observers Friday*

At approximately 10:30 PM on August 21, St. Louis County Police arrested three National Lawyers Guild (NLG)-trained Legal Observers during a demonstration in Ferguson, Mo. protesting the fatal police shooting of unarmed black teenager, Michael Brown. All three volunteers had traveled to Ferguson together from Detroit, Mich. as part of a delegation organized by former Black Panther, Blair Anderson.

The first arrest occurred during a protest Thursday night, when a Legal Observer was taking photos of a police command station. She was arrested soon thereafter. The two other Legal Observers arrived on the scene to document her arrest when they themselves were taken into custody. They were booked at the county jail in Clayton and released around 2:30 AM the following morning.

One of the arrestees, Dennis Black, said: “The police militarization in Ferguson is just a glimpse of what is to come nationally when we realize that police brutality and the killing of unarmed black men by police is the rule rather than the exception.”

Three days prior, St. Louis County Police arrested another NLG volunteer from Chicago – bringing the total number of Observer arrests to four – in a similar pattern of police repression against Legal Observers who are monitoring and documenting police activity in Ferguson. The NLG Legal Observer program is designed to enable people to express their political views as fully as possible without unconstitutional disruption or interference by the police and with the fewest possible consequences from the criminal justice system.

For the past week, the NLG has had a team of Legal Observers on the ground in Ferguson to monitor police activity and offer legal support to protesters. The NLG has been documenting rampant police abuse at demonstrations, working with local groups such as the Organization for Black Struggle (OBS), coordinating bail and providing other legal support, and organizing criminal defense attorneys to represent arrestees.

Blair Anderson, a lifelong activist, former Black Panther and client of the NLG’s during the civil rights movement in Chicago, organized and trained the Detroit delegation that brought the three arrestees to Ferguson. He said they came not only “to help monitor for civil and constitutional rights violations,” but also “to see what an occupied community looks like.” Anticipating the resumption of community protests in response to today’s lift on the water shutoff moratorium, Anderson said, “Detroit could very well end up like Ferguson.”

“I see this going well beyond the front pages of the story [of Michael Brown],” Anderson stated. The protesters “want to create a legacy… and are a role model for the mobilization of black communities around the country and around the world. And they [people of Ferguson] are handing this with great dignity,” he said.

Blair Anderson and the other Detroit arrestees will continue serving as Legal Observers in Ferguson. They paid their respects at the funeral of Michael Brown, held yesterday.

*The National Lawyers Guild was formed in 1937 as the nation’s first racially integrated bar association to advocate for the protection of constitutional, human and civil rights.*

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----------------
Tasha Moro
National Lawyers Guild
Communications Coordinator

212.679.5100, ext. 15



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Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003
805-654-0200

Ventura County Artist, Expert On Art Crimes Dies

Monday August 25, 2014

A Ventura County artist who was also an internationally known expert on art crimes has died.

Len Poteshman was a painter, and sculptor whose work was widely shown throughout Southern California, including the Los Angeles County Museum of Art.

Read more :

http://www.kclu.org/2014/08/25/ventura-county-artist-expert-on-art-crimes-dies/


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805-654-0200

Monday, August 25, 2014

Jay Leiderman: articles on vexatious or nuisance litigants in both New York and Arizona

Over on my WordPress blog, I've written two articles, they are similar.  Both articles deal with "vexatious litigants." Wikipedia has a fairly good definition of what a vexatious litigant is:




Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment.

Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in the abuse, vexatious litigants are often unable to retain legal counsel, and such litigants therefore represent themselves in court. Those on the list are usually either forbidden from any further legal action or are required to obtain prior permission from a senior judge before taking any legal action. The process by which a person is added to the list varies among jurisdictions. In liberal democratic jurisdictions, declaring someone a vexatious litigant is considered to be a serious measure and rarely occurs, as judges and officials are reluctant to curtail a person's access to the courts.



New York:
http://venturasbestlawyer.wordpress.com/2014/08/25/new-york-law-and-vexatious-or-nuisance-litigants/

Arizona:
http://venturasbestlawyer.wordpress.com/2014/08/25/arizona-law-and-vexatious-or-nuisance-litigants/


5740 Ralston St 300
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Sunday, August 24, 2014

Delaware is first state to adopt model law that says social media accounts can be inherited

Aug 20, 2014, 11:20 am CDT

When individuals die their social media accounts often expire along with them. Even if their loved ones have the passwords, terms of use for Facebook and other providers routinely restrict account-sharing.

But a uniform law that Delaware reportedly has become the first state to enact changes this expectation, recognizing social media accounts as property and providing for executives and heirs to get the passwords. 

Read more: http://www.abajournal.com/mobile/comments/delaware_is_first_state_to_adopt_new_uniform_law_recognizing_social_media

JAY LEIDERMAN HOMEPAGE

IMMIGRATION LAW Federal government sued over alleged due process violations at Artesia immigrant detention center

Aug 22, 2014, 03:56 pm CDT


Immigrant rights organizations sued the federal government Friday, alleging that the federal government is violating due process rights in its haste to deport immigrant families with small children.

Read more: 
http://www.abajournal.com/mobile/comments/federal_government_sued_over_alleged_due_process_violations_at_artesia


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5740 Ralston St 300
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Thursday, August 21, 2014

Losing litigant who threw chair at defendant cop after verdict gets 5 years

COURT SECURITY

Losing litigant who threw chair at defendant cop after verdict gets 5 years

Posted Aug 21, 2014 5:20 PM CDT
By Martha Neil


A Chicago man who has a history of issues with a suburban police officer had hoped for a jury award in his favor after filing a federal civil rights suit.
But when the jury ruled in the defendant's favor last yea,r Lavelle Watts Jr. lost it. He threw a courtroom chair at Joliet police officer Joshua Sawyer, shouting “I told you I was gonna get you, you racist pig!”and scuffled with the cop and leaped onto a bench before he was restrained by deputy U.S. marshals, the Chicago Sun-Times reported at the time, relying on information from prosecutors.
A federal criminal charge resulted, and on Thursday, in the same federal courthouse, Watts was sentenced to five years for assault with a deadly weapon—the chair—the Associated Press reports.
Read more: 

Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Driver takes misdemeanor plea after striking and killing judge on bicycle; should law be upgraded?

A distracted driver who veered onto the shoulder of a Utah roadway last year, striking and killing a bicycling district court judge, quietly took a misdemeanor reckless driving plea in May and is well into a six-month probation sentence.
Because there was no sign that David E. Bertelson, now 79, had been drinking or abusing drugs, the law did not provide for a more severe charge, Salt Lake County District Attorney Sim Gill told the Salt Lake Tribune.
Read more:  http://www.abajournal.com/news/article/driver_takes_misdemeanor_plea_after_striking_and_killing_judge_on_bicycle/


Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Online petition urges Michael Brown law requiring cops to wear cameras; what about privacy concerns?

In less than a week’s time, more than 100,000 people have signed an online petition calling for a “Mike Brown law” that would require state and local police to wear cameras.
The potential law is named for Michael Brown, the unarmed man fatally shot by a police officer in Ferguson, Missouri, on Aug. 9, the Wire reports. Because the White House website petition has more than 100,000 signatures, the administration is required to respond.
Investors are apparently taking the idea seriously. Taser makes wearable cameras for police officers, and its stock has jumped by as much as 30 percent since the shooting, reports the Washington Post blog theSwitch. Another company that makes wearable cameras, VieVu, has seen police requests for free trials increase by 70 percent in just a few days. The city of Ferguson is a potential customer; it said in a statement it is considering the idea.
Read more:  http://www.abajournal.com/news/article/online_petition_urges_michael_brown_law_requiring_cops_to_wear_cameras_are_/



Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
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805-654-0200

Wednesday, August 20, 2014

Will the consequences of an arrest and conviction last a lifetime and impact your ability to get a job?

Wall Street Journal  


As Arrest Records Rise, Americans Find Consequences Can Last a Lifetime: Even if Charges Were Dropped, a Lingering Arrest Record Can Ruin Chances of a Job ("America has a rap sheet. Over the past 20 years, authorities have made more than a quarter of a billion arrests, the Federal Bureau of Investigation estimates. As a result, the FBI currently has 77.7 million individuals on file in its master criminal database-or nearly one out of every three American adults...The 'growing obsession with background checking and commercial exploitation of arrest and conviction records makes it all but impossible for someone with a criminal record to leave the past behind,' concludes a recent report from the National Association of Criminal Defense Lawyers.") (Read NACDL's report -- Collateral Damage: America's Failure to Forgive or Forget in the War on Crime - A Roadmap to Restore Rights and Status After Arrest and Conviction at http://nacdl.us/1iIeT0S.)



Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Tuesday, August 19, 2014

MMA fighter War Machine due in Ventura County court


LAS VEGAS (AP) — A mixed martial arts fighter accused of brutally beating his porn star girlfriend in Las Vegas and then fleeing to California is due to face a judge for the first time following his arrest last week in a Los Angeles suburb.
Jonathan Paul Koppenhaver, who fought under the name War Machine, is scheduled Tuesday afternoon in Ventura County Superior Court following his arrest Friday at a hotel in Simi Valley.
Read more: http://www.vcstar.com/news/mma-fighter-war-machine-due-in-california-court

Please visit the Jay Leiderman Law HomepageJayLeiderman.com5740 Ralston St 300Ventura, California 93003805-654-0200

NLG Press Release Offering Legal Help To Protesters in Ferguson Missouri

To support the NLG's efforts in Missouri, please visit nlg.org/ferguson.
Many thanks!
-----

FOR IMMEDIATE RELEASE

Contact: Tasha Moro, Communications Coordinator 212-679-5100, ext. 15 communications@nlg.org

*National Lawyers Guild Strongly Objects to Oppressive and Discriminatory Law Enforcement Tactics in Ferguson, Mo. * *NLG Members Offering Legal Support to Ferguson Protesters*

NEW YORK -- The National Lawyers Guild (NLG) is on the ground providing legal support to Ferguson, Missouri residents protesting in the wake of last week’s fatal shooting of black teenager Michael Brown by white police officer Darren Wilson. Since then, community protests and neighborhood demonstrations have been violently confronted by the Ferguson Police Department, armed with military-grade weaponry. Yesterday morning, Governor Jay Nixon deployed the Missouri National Guard to supplement St. Louis County police, while the state of emergency he announced on Saturday remains in effect. In light of the police brutality aimed at protesters thus far, the NLG is deeply concerned about the use of the National Guard for civilian police duties, normally reserved for natural disasters or insurrection.

In response to needs of local demonstrators and organizers, the NLG is mobilizing a range of legal support such as criminal defense, jail support, injunctive relief, and Legal Observers – NLG-trained volunteers who protect the rights of protesters by monitoring and documenting police activity at demonstrations. The NLG’s presence in Ferguson includes legal workers and lawyers from the St. Louis area, as well as others from Chicago, Detroit, and New York in collaboration with local St. Louis and Ferguson organizers.

Interim NLG Executive Director Dan Gregor, currently in Ferguson helping with legal support, said, “Nobody should have assault weapons leveled at their chests by police or tear gas rounds fired at them for exercising free speech and petitioning government for a redress of serious grievances. This is a community expressing legitimate anger at not just the murder of one unarmed black teen a week ago, but also the countless young men of color brutalized every day across the country by the police, and now, the military.”

The Guild recognizes that the ongoing events in Ferguson reflect a dynamic and complex struggle around issues including race, class, state repression, and free speech. The NLG urges Gov. Nixon and law enforcement to respect the protesters’ right to free speech and assembly, while treating them with the dignity they deserve.


*The National Lawyers Guild was formed in 1937 as the nation’s first racially integrated bar association to advocate for the protection of constitutional, human and civil rights.*



Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Monday, August 18, 2014

Are there problems with the AZ death penalty?


Arizona Loose With Its Rules in Executions, Records Show
 ("That improvisation is not unusual for Arizona, where corrections officials and medical staff members routinely deviate from the state's written rules for conducting executions, state records and court filings show. Sometimes they improvise even while a convict is strapped to a table in the execution chamber and waiting for the drugs coursing through his veins to take effect.")



Please visit the Jay Leiderman Law Homepage
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805-654-0200

www.jayleiderman.com



Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Sunday, August 17, 2014

WHERE'S THE JUSTICE AT THE DEPARTMENT OF JUSTICE?


Op-Ed Columnist: Where's the Justice at Justice? ("The Justice Department is trying to scuttle the reporters' privilege - ignoring the chilling effect that is having on truth emerging in a jittery post-9/11 world prone to egregious government excesses.Attorney General Eric Holder wants to force Risen to testify and reveal the identity of his confidential source on a story he had in his 2006 book concerning a bungled C.I.A. operation during the Clinton administration in which agents might have inadvertently helped Iran develop its nuclear weapon program.")


Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
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805-654-0200

Friday, August 15, 2014

New Case About the DA's Duty to Turn Over Police Misconduct Material


DUTY OF PROSECUTOR TO REVIEW POLICE PERSONNEL FILES FOR BRADY MATERIAL
What duty does the DA have to review police officer personnel files for Brady (373 US 83) material? The C/A says that the DA must conduct such a review. If the DA finds Brady material, the DA must make a Pitchess motion in order to obtain a court order disclosing that material to the defense.
People v. Superior Court (Johnson); A140767; A140768; 8/11/14; C/A 1st, Div. 5