The Iowa Court of Appeals reverses a sentence and remands for resentencing before a different judge. The judge based the sentence upon his assertion that the Defendant had “not benefited from the treatment options in the community that have been made available to him so far.” However, there was a problem with that statement – …
Immigration Case
The U.S. Supreme Court has held that detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal – i.e. due process. The only question is which court will resolve that challenge. The Court held that proper venue lies in the district of confinement. Hence, no forum/judge …
MUHAMMAD ALI’S FIGHT FOR THE RIGHT TO FIGHT
MUHAMMAD ALI’S FIGHT FOR THE RIGHT TO FIGHT By Adam J. Pollack On March 22, 1967, Muhammad Ali defended his world heavyweight boxing championship for the ninth time, knocking out Zora Folley in the seventh round. This would be Ali’s last bout for over three and a half years. On April 28, 1967, Muhammad Ali …
After multiple conversations with other attorneys, Adam Pollack was able to resolve my traffic related issue with one phone call. He was very knowledgeable and businesslike. He knew who to contact immediately through his numerous connections to fix my administrative issue. I appreciated the fact he took an interest in my case, and I could …
A Defendant’s sentence has been reversed and remanded by the Iowa Court of Appeals. When sentencing for willful injury causing bodily injury, the judge referenced that the Defendant “almost killed” the victim. However, the Defendant never admitted that was his intent nor was there evidence such was the case. The court de facto sentenced the …
In reversing several convictions of a Defendant, the Iowa Court of Appeals has held that psilocybin is different from psilocyn, so if charged with one, proof of the other is insufficient for conviction. Further, when it comes to a firearms charge, the allowable unit of prosecution is each incident of firearm possession, or the number …
Understanding Impaired Driving: Decoding OWI, DUI, and DWI
Understanding OWI, DUI, and DWI: What Do They Mean? – Exploring the differences and legal implications of OWI, DUI, and DWI across different states and the importance of seeking legal assistance when facing charges. Introduction: Understanding OWI, DUI, and DWI Operating While Intoxicated (OWI), Driving Under the Influence (DUI), and Driving While Intoxicated (DWI) are …
Navigating OWI/DUI/DWI Charges: Legal Issues, Defenses, and Impact
Operating While Intoxicated (OWI), Driving Under the Influence (DUI), and Driving While Intoxicated (DWI) are varying terms used to describe the same legal offense of operating a vehicle under the influence of alcohol or other substances. The legal implications and consequences of such charges can be severe, often resulting in fines, license revocation, mandatory educational …
Understanding Ignition Interlock Devices
Ignition Interlock Devices: Their Purpose, Legal Implications, and Iowa Requirements Overview of Ignition Interlock Devices Ignition Interlock Devices (IIDs) are crucial tools in preventing individuals from driving under the influence of alcohol. These devices are essentially breathalyzer devices (a.k.a. “blow and go”) that are installed in vehicles, and they function by requiring the driver to …
U.S. Supreme Court discusses the mens rea/scienter requirements when interpreting criminal statutes and formulating proper jury instructions. https://www.law.cornell.edu/supremecourt/text/20-1410#writing-20-1410_SYLLABUS …
Constitutional Overbreadth and 1st amendment
Interesting case regarding constitutional overbreadth and the 1st amendment https://www.law.cornell.edu/supremecourt/text/22-179#writing-22-179_OPINION_4 …
Interesting decision by the U.S. Supreme Court on criminal harassment and the 1st amendment calls into question the validity of many state harassment statutes, and their enforcement/prosecution, and the standards required to pass constitutional muster. https://www.law.cornell.edu/supremecourt/text/22-138#writing-22-138_OPINION_4 …