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Lloy Ball Arrested For DUI
United States Olympic volleyball player Lloy Ball was arrested Saturday (June 4, 2011) night in Steuben County, Indiana.
Ball was arrested just before midnight. He was driving home from a wine tasting event and had a blood alcohol content of .13.
Ball, 39, was the captain of the gold medal-winning volleyball team in the 2008 Summer Olympic Games in Beijing.
Chip Venie is a professional criminal defense attorney and the Freedom Law Center is his firm. Mr. Venie limits his...
APD Officer Shoots Yet Another Dead
ALBUQUERQUE (KRQE) - Albuquerque police continue to investigate an officer involved shooting that left one man dead.
Police said it started out as a car jacking around nine o’clock Saturday night, at Freeway Liquors in northwest Albuquerque.
Officers saw the stolen car, chased it to Lomas Boulevard and Palomas Drive, where police were able to force the stolen car sideways.
Police chief Ray Schultz said officers ordered the suspect to get out of the car with his hands up.
Instead...
Dykstra Arrested for Grand Theft
Former Mets and Phillies star Lenny Dykstra was jailed Monday on grand theft auto and drug possession charges after being accused of using phony information to lease a car from a Southern California dealership.
Chip Venie is a professional criminal defense attorney and the Freedom Law Center is his firm.
Mr. Venie limits his practice to the representation of people accused of crimes. Mr. Venie is admitted to practice law in New Mexico, California, Washington D.C., and Michigan....
Barry Turner, Nebraska Defensive Player, Arrested for Domestic Violence
Barry Turner, a Nebraska Cornhuskers player who will soon start in the defense, will be arraigned in court after being arrested on allegation of a third degree assault on a woman they share an apartment with on a block at Hanneman Dr.
On response to a call by the 20 years old woman, the police arrested Barry, however according to the Lincoln Police there are no charges that have been filed yet. The police report allege that Barry and the woman fought Turner picked her in the entry of the block...
Elvis Patterson arrested on DUI charges
Former Kansas football player Elvis Patterson was arrested in Douglas County on Kansas Highway 10 early Saturday morning on charges of driving under the influence. He was released on $250 bail and is scheduled to appear in court at 3 p.m. June 17.
The 51-year-old Patterson, who currently resides in Lenexa, played for KU as a defensive back and defensive end from 1981 to 1983. He went on to play in the NFL and was on two Super Bowl champion teams, Super Bowl XXI with the New York Giants and Super...
Judge Baca Rules Against APD, Calls Officer Testimony Not Believeable
ALBUQUERQUE (KRQE) - District Court Judge Theresa Baca ruled an Albuquerque police officer wrongfully shot and killed a wounded teen as he lay on the ground unarmed in February 2009.
The family of Andrew Lopez sued over his death. Police spotted Lopez driving late at night on the West Side and thought his car matched the description of a car involved in an earlier shooting that day.
They were wrong. Lopez refused to stop, led officers on a chase, then bailed out of his car...
Jordan Matechuk, Long Snapper, Arrested
Hamilton Tiger-Cats long snapper Jordan Matechuk was arrested Tuesday (May 31, 2011) in Sault Sainte Marie, Michigan.
Matechuk, 25, was arrested after trying to cross the International Bridge, which connects Michigan and Ontario, when he was selected for a secondary enforcement exam. While conducting the secondary inspection, officers discovered a pill bottle containing a small amount of a green leafy substance, a small box containing pills and a shaving kit containing vials of liquid steroids....
Chip's Tips, Vol. II, Issue I, Hubble and Anaya and PC to stop on DWIs
Chip's Tips
By Chip Venie, Esq., (505) 766-9000, chipesq@hotmail.com, chip@anothernotguilty.com.
Volume II, Issue I, 3.27.2011
I. Hubble/Anaya and reasonable suspicion to stop a vehicle based upon not using a turn signal when changing or departing lanes.
Some time ago, one of our list serve members asked the list serve about reasonable suspicion to stop a vehicle based upon the driver...
Chip's Tips: Montejo and Massiah and Protecting Your Client's Rights
Chip's Tips
By Chip Venie, Esq., (505) 766-9000, chipesq@hotmail.com, chip@anothernotguilty.com.
Volume I, Issue VII, 11.29.2010
I. Montejo v. Louisiana and the Diminishment of the Fifth And Sixth Amendment (Massiah) Rights To Counsel.
Last year, in a little discussed case, in Montejo v. Louisiana, 556 U.S. ___ (2009) the United States Supreme Court considered the...
Chip's Tips: Torres, Brazeal and Getting A Continuance
Chip's Tips
By Chip Venie, Esq., (505) 766-9000, chipesq@hotmail.com, chip@anothernotguilty.com.
Volume I, Issue VI, 11.26.2010
Introduction.
With the holidays upon us, we are all getting crunched for time. Today's issue of Chip's Tips discusses trial continuances and how best to obtain them by framing your motions in terms of effective assistance of counsel and other Constitutional claims.
Salazar and Effective...
Chip's Tips: The Forgotten Jury Instructions
Chip's Tips
By Chip Venie, Esq., (505) 766-9000, chipesq@hotmail.com, chip@anothernotguilty.com.
Volume I, Issue V, 11.16.2010
Introduction.
Today's issue of Chip's Tips discusses the unused jury instructions, and how we can use them to make sharper arguments in a jury trial, and to better focus the court's attention in bench trials.
The "Forgotten"Jury Instructions, UJI 14-5001 - 14-5051
...
Chip's Tips: Preservation of State Constitutional Claims
Chip's Tips
By Chip Venie, Esq., (505) 766-9000, chipesq@hotmail.com, chip@anothernotguilty.com.
Volume I, Issue IV, 11.7.2010
Introduction.
Today's issue of Chip's Tips explains preservation of claims and how to properly frame a New Mexico Constitutional claim depending on whether precedent exists to support your claim or if you are making the claim for what appears to be the first time.
Preserving claims for later...
Chip's Tips: Jones and Grand Jury Submissions
Chip's Tips
By Chip Venie, Esq., (505) 766-9000, chipesq@hotmail.com, chip@anothernotguilty.com.
Volume I, Issue III, 10.31.2010
Introduction.
Today's issue of Chip's Tips will deal with Grand Jury Submissions under Jones v. Murdoch, 2009-NMSC-002, 145 N.M. 473 and Rule 5-302A.
How to do a "Bort Jones" Grand Jury Submission/Potential Pitfalls.
After approximately twenty years of fighting for the right to force...
California Supreme Court Destroys Right to Conduct Confidential Third Party Discovery
In a true travesty that threatens every California criminal defendant's right to subpoena materials from third parties without revealing to the Government what the defendant is seeking, the California Supreme Court held, in Kling v. Superior Court, that a prosecutor may participate in, and argue at, the hearing on a motion to quash a subpoena duces tecum to a third party, if the trial court so desires. The Court also held that the Court of Appeal erred in categorically denying the People the right...
Chips' Tips: Harperize Your PTI Practice
Chip's Tips
By Chip Venie, Esq., (505) 766-9000, chipesq@hotmail.com, chip@anothernotguilty.com.
Volume I, Issue II, 10.24.2010
Introduction.
In State v. Harper (No. 27,830) our Court of Appeals provided a road map on how to set up witness interviews and framework for getting a State's witness excluded if the Government has failed to arrange and schedule a pre trial interview (PTI) of that witness.
Harper.
...
Chip's Tips: Mendez Ortega and Rule 11-803D
Chip's Tips,
By Chip Venie, Esq., (505) 766-9000, chipesq@hotmail.com, chip@anothernotguilty.com.
Volume I, Issue I, 10.17.2010
Introduction.
In State v. Mendez, the Supreme Court further refined the "medical diagnosis or treatment" exception to the hearsay rule under Rule 11-803(D) NMRA, to statements made by an AV in a SANE exam, and in so doing, partially overruled State v. Ortega, 2008-NMCA-001, which categorically excluded such statements.
If you have ever defended...
Morrissette's Life Spared
William Wilton Morrisette, III, who who made Virginia legal history by persuading the state supreme court that he had been denied effective representation at his 2001 trial, recently reached a sentencing agreement with the Commonwealth that will spare him the death penalty.
In 2001, Morrisette was convicted of the 1980 capital murder and rape of Dorothy White in Hampton, Virginia. The case had gone unsolved for 19 years. In 1999, testing of Ms. White's PERK developed a foreign DNA profile that, when submitted against Virginia's DNA database, resulted in "cold hit" implicating Mr. Morrisette in the crime. In 2001, a Hampton jury convicted Mr. Morrisette of capital murder and rape, and sentenced him to death for murder and life imprisonment for rape.
In 2005, the Supreme Court of Virginia ruled that Mr. Morrisette had been denied the effective assistance of counsel at the penalty phase of his 2001 trial when his attorneys failed to object to verdict forms that did not accurately reflect Virginia law. The Court granted a limited writ of habeas corpus and remanded the case to the Hampton Circuit Court for re-sentencing before a new jury. This represented the first contested capital case in Virginia history in which the state supreme court had sustained a claim of ineffective assistance.
On remand for resentencing, a circuit judge initially reappointed the same lead counsel whom the Virginia Supreme Court had found to have been ineffective, but the attorney withdrew when Mr. Morissette vehemently objected.
Subsequently, after more than three years of negotiation, Mr. Morrisette entered into a sentencing agreement with the Office of the Commonwealth's Attorney in Hampton. Under the terms of the agreement, Mr. Morrisette would be sentenced to two consecutive terms of life imprisonment for the murder and rape of Ms. White. As part of the agreement, Mr. Morrisette agreed to withdraw his federal habeas petition challenging his convictions, and to forego any further appeals or collateral litigation related to his convictions and sentences. Mr. Morrisette also waived his right to be considered for parole and agreed not to petition for parole. Effectively, Mr. Morrisette was sentenced to life imprisonment without parole, a sentence that was technically unavailable at the time of the murder.
In a hearing on Wednesday, August 18, 2010, Judge Louis R. Lerner accepting the sentencing agreement and imposed two life sentences. Mr. Morrisette will be transferred off of death row and into general population to serve his life sentences.
During his re-sentencing trial, Mr. Morrisette was represented by Jeff Russell, Doug Ramseur and Joel Mandelman of the Office of the Capital Defender for Southeast Virginia, Les Smith of Hampton, Michele Brace of the Virginia Capital Representation Resource Center, and Matthew Engle of the Office of the Capital Defender for Northern Virginia. Matt Engle had argued Mr. Morissette's successful habeas challenge in the Virginia Supreme Court, and stayed with the case despite two subsequent job changes until last week's successful conclusion. Substantial mitigation investigation was conducted by Jennifer Schweizer of the Southeast Virginia CDO, Ellen Shultz of the Northern Virginia CDO, and Deirdre Enright of the Virginia Capital Representation Resource Center.
Congratulations to the entire Morissette team for guiding this case to a successful conclusion after so many years of effort.
Saint Leo Penalized for NCAA Violations
The NCAA Division II Committee on Infractions has penalized Saint Leo University for impermissible benefits and ineligible participation in its cross country and swimming programs. This case also involves unethical conduct by the former and current head cross country coaches.
Penalties in this case include two years of probation, recruiting restrictions, eliminating the cross country nonchampionship...
Judge Rules NCAA investigation records are public records
In a closely watched case, a Leon County, Florida trial court judge held in August 2009, that records concerning an NCAA investigation into possible academic cheating by athletes at Florida State University were public records subject to disclosure. A coalition of media organizations had filed suit under Florida's public records law, seeking the release of transcripts from a 2008 NCAA hearing in which school and NCAA officials discussed the allegations of cheating.
The factual wrinkle...
Supreme Court Review January 21, 2009
The defense bar went 2-1 today in a trio of cases further explaining a criminal defendant’s rights in different contexts.
1. First, one of the two “wins” for the defense. In a 7-2 decision (Alito and Roberts dissenting) in Spears v. United States, the Court sought to uphold the holding in Kimbrough (the crack cocaine sentencing case). The Court upheld a federal sentencing court’s right to reject...
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