I’ve been reading “The 1811” for nearly 30 years. This is the first time I’m published in it. Hopefully you belong to the Federal Law Enforcement Officers Association and receive your copy in the mail today, like I did. I wrote this issue’s legal column on what I thought was a timely topic, Supremacy Clause […]
Supremacy Clause Immunity Read More »
When you think about crime, do you sometimes think of Dr. Doofenshmirtz? No? Just me? Well, he’s what I thought of when I read this case. There was a line in the “Phineas and Ferb” movie (my kids were fans) where the villain Dr. Doofenshmirtz says, “Wow! If I had a nickel for every time
When the Court writes “attaining the status of a habitual felon,” it sounds like it’s an accomplishment. Herman Anthony Maynor’s reward for achieving this high honor: 8-10 years in prison. Play stupid games, win stupid prizes. The facts of the case involve a lot of named parties: friends, neighbors, uncles, maybe a cousin or two.
You sometimes hear cops check for “wants and warrants.” Constitutionally speaking, those are not the same. Police had probable cause to arrest Ryan Milbeck for violating a restraining order after he secretly logged into his ex-wife’s email and social media. But Ryan lived 200 miles away, so the investigating detective contacted police in the jurisdiction
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“Absence of Malice” wasn’t just a great legal movie. It’s a viable defense to federal arson. I love watching classic movies (and making my kids watch them.) I especially enjoy old legal movies. But for some reason, I’d never seen the Paul Newman – Sally Fields hit from 1981. Then it came up in conversation
My son killed his first buck with the same rifle I used to kill my first deer when I was about his age. It was a great day. This is the picture we took to memorialize it. That true story inspired me to write a law review article I called, “The Firearm That Isn’t: Silencers
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If you have no doubt that 12 months equals 1 year, you probably don’t suffer from being a lawyer. Sometimes the law can seem pretty silly. I guess lawyers can seem silly, too. We get stereotyped for answering every question with, “It depends.” But here is a great example of why that affliction nags us.
12 Months ≠ 1 Year Read More »
“Thomas Chittum, a former ATF official and a University of Nevada-Las Vegas adjunct law professor, said the relationship between federal authorities and gun sellers should be more cooperative than adversarial. ‘The reality is there are red flags that authorities will never see on paperwork,’ Chittum said, stressing the need for sellers’ input. He added, ‘Most
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Like “tropical flavored Skittles” is my favorite new way for police to describe a suspect’s shoes. When I was a kid, you might throw eggs or toilet paper at the house of someone you didn’t like. Luis A. Chavez Grana decided shooting at the house was better, so that’s what he did. ShotSpotter heard it
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I’ve written before about the dangers of celebratory gunfire but as this court notes, “this dangerous practice can have tragic results in other ways.” On New Year’s Eve in 2021 (soon to be 2022), James Williams was celebrating in his back yard by firing his Ruger AR-556 (with 50-round drum mag) into the air. His
Deadly Celebration Read More »
