Month: October 2018

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Join us this week on the second in our multi-part series on the Rules of Evidence, with a focus this time on the concept of “hearsay” and its crazy number of exceptions!

Join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

*THANK YOU* to this week’s Show Note Sponsors (Trey Benfield, Brendan Callum, Rob Elder, Melanie Greenan, Judi Kane, Colleen Mahaney, Charlotte Mobley, J A. Sutherland, and Michael Teal) and our #Law140 Lovers (Damien Boyd, Matthew Boyer, Brian Gilbreath, Tyler Kiley, Byron Mobley, Andrew Murphy, Erica Phillips, Helen Poston, Joe Sevits, and Michael VanOrder)!

Show Notes:

• Our first episode in the Evidence Basics series (Fsck #83)
• Federal Rules of Evidence 801 (LII)
• Federal Rules of Evidence 802 (LII)
• Federal Rules of Evidence 803 (LII)
• Federal Rules of Evidence 804 (LII)
• Federal Rules of Evidence 805 (LII)
• Federal Rules of Evidence 806 (LII)
• Federal Rules of Evidence 807 (LII)
• Miranda v Arizona (Oyez)
• Berghuis v Thompkins (Oyez)
• Salinas v Texas (Oyez)
• Ohio v Roberts (Oyez)
• Crawford v Washington (Oyez)
• Ohio v Clark (Oyez)

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Early voting in the 2018 midterms has begun! Join us this week as T. Greg talks about the items on the North Carolina ballot, an audit showing hundreds of Customs & Border Patrol officers being arrested in just two years, a California gang officer pleading guilty to accepting bribes, and teens being beaten on video in Florida, Illinois, and Virginia.

The next #Law140 on evidence should be out later this week! Until then, make sure to check out our page on Patreon for exclusive patron-only content! Then join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

*THANK YOU* to this week’s Show Note Sponsors (Trey Benfield, Brendan Callum, Rob Elder, Melanie Greenan, Judi Kane, Colleen Mahaney, Charlotte Mobley, J A. Sutherland, and Michael Teal) and our #Law140 Lovers (Damien Boyd, Matthew Boyer, Brian Gilbreath, Tyler Kiley, Byron Mobley, Andrew Murphy, Erica Phillips, Helen Poston, Joe Sevits, and Michael VanOrder)!

Show Notes:

• Federal Circuit: Defendant attaches weed samples to his appeal (Federal Circ COA)
• Sixth Circuit: Police cannot commit puppycide for sport (Reason)
  • The opinion in Smith v. Detroit (6th Circ COA)
  • Our episode with the District Court opinion (Fsck #20)
• Analysis: Hundreds of police officers nationwide charged with on-duty rapes, “forcible fondling,” and other sex crimes (CNN)
• 500+ Customs & Border Patrol officers arrested over the past two years (NY Times)
• ARKANSAS: Astonishing Radley Balko deep dive into chronic Fourth Amendment violations by the Little Rock Police Department (Washington Post)
• ARKANSAS: State Supreme Court justices petition themselves to have ethics complaints thrown out (ABA Journal)
• CALIFORNIA: State to allow non-violent third-strike offenders to seek parole (LA Times)
• CALIFORNIA: Man released after 9 years in prison as new law dramatically limits state’s Felony Murder Rule (The Marshall Project)
• CALIFORNIA: Oakland PD officer, Alameda County gang expert Harry Hu pleads guilty to accepting bribes (The Mercury News)
• CALIFORNIA: Orange County Sheriff’s deputy Michael Devitt on video brutally beating drunk man unconscious, lies about it, cuts off bodycam when he realizes it’s recording (HuffPost)
• DELAWARE: Tiffany Reeves, mother of 3, dies in prison over unpaid fine (Wilmington News Journal)
• FLORIDA: White Coral Springs PD officer on video repeatedly punching black teen girl (Fort Lauderdale Sun-Sentinel)
  • The Coral Springs PD statement justifying the abuse (Twitter)
• FLORIDA: Jackson County Sheriff’s deputy Zachary Wester fired after lying on reports, 100+ cases dismissed (Tallahassee Democrat)
• ILLINOIS: Video shows off-duty Chicago PD officer shooting unarmed autistic man (UK Guardian)
• LOUISIANA: District Court Judge rules state’s split-jury law is unconstitutional (New Orleans Advocate)
• MARYLAND: Prince George’s County “Officer of the Month” Ryan Macklin arrested for traffic stop rape of undocumented immigrant (Baltimore Sun)
• MICHIGAN: Macomb County jail doctor Steven Cogswell charged for felony sex assault of inmates (WDIV 4)
• MICHIGAN: Rochester Hills firefighter Jeffrey Zeigler, who tried to kill unarmed black teen Brennan Walker for asking for directions, convicted of felony assault (The Detroit News)
  • Our episode with the original story (Fsck #59)
• MISSISSIPPI: Tate County deputy orders man to stop filming police in his own home (WREG 3)
  • Sheriff’s defense is “mistakes were made” (WREG 3)
• NEW YORK: NYPD detective Nicholas DiGaudio encouraged victim to delete evidence in Harvey Weinstein investigation, hide it from DA (WNBC 4)
• NORTH CAROLINA: Bail reform in Charlotte-Mecklenburg triggers pushback (WFAE 90.7)
• NORTH CAROLINA: 4-year-old felony charges in Graham tossed after pro se, handwritten motion (Winston-Salem Journal)
• OHIO: Columbus Police congratulate themselves for not killing black boys doing nothing illegal (Reason)
• OREGON: Portland PD reveals to Mayor, City Council for the first time that Nazis were heavily armed at summer rally (The Oregonian)
  • Our episode on the rally and Portland PD beating unarmed observers for sport (Fsck #78)
• PENNSYLVANIA: All prisoners permanently banned from receiving personal mail (Bloomberg)
• PENNSYLVANIA: Penn State University uses police helicopter to break up football tailgate (CBS News)
  • Bystander video of the flyby (YouTube)
• TEXAS: Dallas PD Sergeant Jamie McDonald arrested for felony child abuse in beating of 8-year-old (Dallas Morning News)
• UTAH: Qualified immunity for Ogden PD officers who broke diabetic man’s leg at hospital (Ogden Standard-Examiner)
  • The trial court’s opinion in Torbett v. Ogden (CourtListener.com)
• VIRGINIA: Norfolk PD officers on video beating 16-year-old black boy, offering shifting explanations (Virginian Pilot)
• WEST VIRGINIA: Former Supreme Court Justice Allen Loughry convicted on 11 of 22 federal charges (Charleston Gazette-Mail)
  • Our episode on Justice Loughry’s suspension (Fsck #69)
  • …and subsequent indictment (Fsck #71)
  • …and testimony from the court administrator (Fsck #77)
  • …and the subsequent impeachment process (Fsck #79)
• GERMANY: Police in Bad Oldesloe summarily execute 22-year-old homeless man as he runs away, for knife possession (WordPress)
• UNITED KINGDOM: Senior British police official acknowledges policing is still “institutionally racist” (UK Independent)

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October has already been the longest month in awhile, and we’re only a week in! Join us as our favorite corrupt Alabama sheriff is back in the news, a Maryland police sergeant is arrested at a strip club and then promptly beaten, and a Texas police department confiscating an activist’s political sign out of her own yard because they found it offensive.

The next #Law140 on evidence should be out later this week! Until then, make sure to check out our page on Patreon for exclusive patron-only content! Then join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

*THANK YOU* to this week’s Show Note Sponsors (Trey Benfield, Brendan Callum, Rob Elder, Melanie Greenan, Judi Kane, Colleen Mahaney, Charlotte Mobley, J A. Sutherland, and Michael Teal) and our #Law140 Lovers (Damien Boyd, Matthew Boyer, Brian Gilbreath, Tyler Kiley, Byron Mobley, Andrew Murphy, Erica Phillips, Helen Poston, Joe Sevits, and Michael VanOrder)!

Show Notes:

• Great summary of the Republican Party under Trumpism (The Atlantic)
• Tom Nichols bails on the GOP (The Atlantic)
  • Welcome to the club Tom! (Twitter)
• Long read on large number of people with disabilities who end up summarily executed by police (BBC News)
• NCIS agent Leatrice Malika DeBruhl-Daniels federally indicted for tipping off suspected terrorist (Washington Post)
• ALABAMA: Ousted Etowah County Sheriff Todd Entrekin used gun permit fund to pay for re-election ads (AL.com)
  • Our episode on some of Entrekin’s corruption (Fsck #76)
• ALABAMA: Jackson County adds new $2.50/day meal fee for inmates, to fund pay raises for jailers (Dothan Eagle)
• CALIFORNIA: Surprise audit of ICE jail in Adelanto finds “infernal” conditions (Washington Post)
• CALIFORNIA: Inglewood PD chief Mark Fronterotta gets illegal $61,000.00 “bonus” every year because of 2-week course (The Daily Breeze)
• CALIFORNIA: Orange County Sheriffs illegally eavesdropped on attorney-client phone calls (Orange County Register)
• FLORIDA: Miami Gardens PD killer cop Roland Clarke repeatedly busted for f*cking on the job (Miami New Times)
• GEORGIA: Desmond Marrow files lawsuit over beating, cover-up (WSB-TV 2)
  • Our episode on Marrow’s beating (Fsck #61)
• ILLINOIS: Chicago PD killer cop Jason Van Dyke convicted by jury for extrajudicial summary execution of black teen Laquan McDonald (Chicago Tribune)
  • And of course the Fraternal Order of Police lost their sh*t (Twitter)
• INDIANA: Indianapolis PD gets qualified immunity in lawsuit by pregnant woman mauled by K-9, because they meant for the dog to maul someone else (IndyStar)
  • The judge’s ruling in Mancini v. Indianapolis (USCourts.gov)
• KANSAS: Tonganoxie police arrest unarmed 61-year-old black man for heinous crime of moving into his own house (Kansas City Star)
• LOUISIANA: Police, on video, successfully disarm machete-wielding black man without killing him (Newsweek)
• LOUISIANA: The New Orleans’ Firefighters Pension and Relief Fund has only 10% of the assets in needs (The Belle Curve)
• MARYLAND: Baltimore PD officer Aaron Heilman fired after being found plastered in his patrol car (Baltimore Sun)
• MARYLAND: Baltimore PD Sergeant Henrietta Middleton arrested, beaten for being disorderly at strip club (Baltimore Sun)
• NEW JERSEY: Englewood Cliffs Police Chief Michael Cioffi recorded detailing how he’d like to kill “b*tch” town council President (NJ Advance Media)
• NEW JERSEY: Rowan University PD and Glassboro PD stop, pull guns on unarmed students for sport (NJ.com)
• NEW JERSEY: Paterson PD on video macing deaf man for sport (North Jersey Media Group)
• NEW YORK: Otis Reese files suit after NYPD officers are caught on camera wrongly arresting him for an fake open container violation (WNBC 4)
• NORTH CAROLINA: Report confirms police drove 75+ mph in high-speed crash that killed off-duty deputy (Raleigh News & Observer)
  • Our episode with the story on this crash (Fsck #78)
• OHIO: Killer cop Timothy Loehmann, who summarily executed 12-year-old Tamir Rice, gets new job with Bellaire Police Department (Martins Ferry Times Leader)
• OHIO: Cleveland judge Michael Nelson Sr refuses to send low-level offenders to jail where inmates keep dying (NY Times)
• OREGON: Video released of Clackamas County deputies laughing at veteran dying of drug overdose (The Oregonian)
• TEXAS: Hamilton PD confiscates political yard sign for triggering GOP snowflakes (Dallas Morning News)
• TEXAS: Houston PD officer caught on video taking pictures of woman’s @$$ while working security at Drake concert (KTRK 13)
• TEXAS: John Nolley Jr. officially exonerated after spending 18 years in jail for murder he didn’t commit (Dallas Morning News)
• VIRGINIA: Four racists federally indicted for rioting at Charlottesville rally (Washington Post)
• ENGLAND: London police on video brutalizing, pepper-spraying 23-year-old black man for no apparent reason (UK Guardian)