Posted by & filed under Case Law, Jury, U.S. Supreme Court.

  Summary of a Fourteenth Amendment Landmark Case: Batson v. Kentucky 476 U.S. 79 (1986) Facts: When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason)…. Read more »

Posted by & filed under Crimes Defined, Federal Crimes, White Collar Crime.

  Medicare Fraud and Abuse New Orleans Attorney Medicare fraud is typically characterized by: Knowingly submitting false statements or making misrepresentations of fact in order to obtain a federal health care payment for which no entitlement would otherwise exist; Billing for services not rendered or supplies not furnished, including falsifying records. Knowingly billing for services… Read more »

Posted by & filed under Case Law, Child Pornography Defense, Sex Crimes, U.S. Supreme Court.

  Supreme Court ruling Outlines Limits on Child Pornography Restitution Should those who download child porn pay the victims?   A while back, I wrote a couple blogs about the legal battle concerning restitution between people who have pleaded guilty to possession of child pornography and the victims in the photographs. See here and here…. Read more »

Posted by & filed under Crimes Defined, Criminal Statutes, Federal Crimes.

  Threats against President and Vice President 18 U.S. Code § 871 Under federal law, it is a crime to knowingly and willfully threaten the President of the United States.  This includes the following acts: Sending, mailing any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap,… Read more »

Posted by & filed under U.S. Supreme Court, Weapons Crimes.

  Supreme Court Rules Felons May Sell, Transfer Guns Last year, I wrote of the case of Henderson vs. United States wherein a U.S. Border Patrol agent who, after being convicted of felony distribution of marijuana, was not allowed by a lower court to sell his collection of firearms to a third party. I mentioned that… Read more »

Posted by & filed under Prostitution.

  Could legalizing prostitution be the next big U.S. trend? Eyes turn to California Advocates for the decriminalization of prostitution may want to pay attention to what’s going on California, where three sex workers and one potential client have filed suit to overturn the state’s law banning prostitution and solicitation. These individuals represent a non-profit… Read more »

Posted by & filed under Crimes Defined, Criminal Negligence, Criminal Statutes.

    First Degree Vehicular Negligent Injuring — 14:39.2 First degree vehicular negligent injuring is the inflicting of serious bodily injury upon the person of a human being when caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of… Read more »

Posted by & filed under Crimes Defined, Criminal Negligence, Criminal Statutes.

  Vehicular Negligent Injuring — La R.S. 14:39.1 Vehicular Negligent Injuring is the inflicting of any injury upon the person of a human being when caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance whenever… Read more »

Posted by & filed under Crimes Defined, Criminal Statutes, Legislative News.

  Re-Homing of a Child — La. R.S. 14:46.4 This law was enacted during the 2014 legislative session. The statute may be found here.   Re-homing of a child is any one of the following: (1) A transaction, or any action taken to facilitate such transaction, through electronic means or otherwise by a parent or… Read more »

Posted by & filed under Crimes Defined, Criminal Statutes, Sex Crimes.

  Solicitation of Funds or Transportation for Certain Unlawful Purposes – La. R.S. 14:107.5   This is a new law that was created during the 2014 legislative session, essentially this law states that it is unlawful to ask someone for a ride or transportation in exchange for sexual intercourse. This is considered a prostitution related offense…. Read more »