Sex Crimes

Published on: May 4, 2012

Defendant Brings Moton too Supressed Confession

by Stephen Bilkis

Two men entered a gas station in Long Island on February 18, 1976. With a gun, one of them forced the 16-year old gas attendant to give him all the cash in the till. A New York Sex Crimes Lawyer said the man ordered the boy to kneel down and to face away from them. He then shot the boy who died later.

At the start of the police investigation into the robbery with homicide, the police had no idea as to the identity of the robbers. They received a tip from a woman who was in the same house as the two men. She remembers that on the same night of the murder of the 16 year old boy at the gas station, the two men suddenly left the house because they had a job to do. They came back highly excited and told the woman that they had to shoot someone. This tip was put in the records of the investigation.

One month after the shooting of the 16-year old, the police chased a suspect in a car theft incident. A New York Sex Crimes Lawyer said two men were involved in the car theft but only one suspect was caught. The police saw the suspect they were chasing: he slowed down the car and threw something out. A week after the car chase, a little girl turned in a loaded gun she found in the place where the chase took place. The police checked the gun and it turned out that it was the same gun that was used to kill the 16-year old gas attendant at the gas station in Long Island.

Published on: May 4, 2012

Defedant Claims she was Unlawfully Detained

by Stephen Bilkis

The plaintiff and appellant of the case is Jacqueline E. Morris. The defendant and appellee in the case is Albertson’s Inc. The case is being heard in the eleventh circuit of the United States Court of Appeals.

Case History

A New York Criminal Lawyer said that on the sixteenth of October in 1980, around 5:15 pm, Thelma Powell, who was an employee of Albertson’s saw a young black lady opening the cellophane wrappers of cosmetics and placing the items in her purse (petit larceny). Powell continued to watch the woman throughout the store.

Published on: May 4, 2012

Shoplifting Defendant Claims Illegal Search

by Stephen Bilkis

The appellant in this case is Gladys Carol Hutchinson. The appellee of the case is the state of Florida. The case is being heard in the second district, District Court of Appeal in the state of Florida.

Appeal

A New York Criminal Lawyer said the defendant is appealing is a plea of nolo contendere for drug charges that she reserved the right to review through this court and was denied the right to suppress the charges.

Published on: May 4, 2012

Defendant Contends Prior Conviction not an Aggravated Felony

by Stephen Bilkis

The plaintiff and appellee in the case is the United States of America. The defendant and appellant of the case is Alexander Antoine Christopher. The case is being heard in the Eleventh Circuit of the United States Court of Appeals.

Appeal

A New York Drug Crime Lawyer said the defendant, Alexander Antoine Christopher is appealing the district court’s sentencing of 77 months for illegally reentering the country and violating 18 of the United States Constitution. The issue he is raising on appeal is he feels there was an error made by the district court when they enhanced his criminal record score by 16. He states that his prior conviction of theft does not qualify as an aggravated felony.

Published on: May 4, 2012

Defendant Charges with Possessing a Pipe Bomb

by Stephen Bilkis

The plaintiff and appellee in this case is the United States of America. The defendant and appellant of the case is Roy L. Schmidt, III. The case is being heard in the Fifth Circuit of the United States Court of Appeals.

Appeal

A New York Criminal Lawyer said the defendant, Roy L. Schmidt, III, is appealing the conviction that he is an Armed Career Criminal as defined by the Armed Career Criminal Act. Roy L. Schmidt, III in the original case pleaded guilty to the conspiracy of possessing a pipe bomb and of being a convicted felon with possession of the pipe bomb. He is challenging the sentencing from the district court. His reasoning is that the determination of his sentencing used a prior conviction of theft of a firearm was listed as a violent felony for the purpose of convicting him under the Armed Career Criminal Act.

Published on: May 4, 2012

Court Hears Shoplifting Case

by Stephen Bilkis

The appellants of the case are Tynesha M. Rivers, Nikina D. Cunningham, and Stacy L. Rivers representing herself and as the parent/custodian of minor Tevon J. Elmore. The appellees in the case are James Donohoe, Linda Love, and a Florida Corporation, Dillards Department Store, Inc.

Case Background

A New York Criminal Lawyer said that on the 20th of August in 1994, Tynesha Rivers, Nikina Cunningham, Stacy Rivers and her son Tevon all went to Dillards Department store to shop. Stacy and her son went to the upstairs part of the store and Tynesha and Nikina went to shop for shoes in the shoe department. The girls were waiting for a salesperson to bring them a pair of shoes to try on when they were approached by officer Donohoe, a security guard for the store. Officer Donohoe asked them for their identification, but did not tell them why he wanted it. The two girls gave him their identification and he took it and walked away. Tynesha continued shopping and paid for a pair of shoes.

Published on: May 3, 2012

Man Claims Cruel and Unsual Punishment for Gun Crime

by Stephen Bilkis

A man was pulled-over by a police officer because the car he was driving was reported stolen. A New York Criminal Lawyer said the car did not turn out to be stolen, after all as the use of the car by the man was merely unauthorized. When the police officer arrested the man for theft of the car, the man was found in possession of a gun. He had with him in his car a loaded .25 caliber automatic pistol.

The man had the gun licensed in North Carolina when he purchased the gun there in 1973. He later moved to New York and brought the gun with him. He knew of the laws of New York regarding the possession of an unlicensed firearm but for seven years, he possessed an unlicensed firearm.

The man was charged with possession of a weapon in the third degree. But during his arraignment, the man entered a plea of guilt to the misdemeanor possession in the fourth degree.

Published on: May 3, 2012

Shoplifting Defenant Arrested Based on her Own Admission

by Stephen Bilkis

The appellant of the case is Alma Davis. The appellee in the case is McCrory Corporation. The case is being heard in the second district of the District Court of Appeals in the State of Florida.

Appeal

A New York Criminal Lawyer said Alma Davis, the appellant, was accused and then arrested for shoplifting in one of the McCrory Corporation’s stores. She was acquitted of this crime. She then brought a lawsuit into action claiming malicious prosecution, false imprisonment, and false arrest. She is appealing the decision by the district court that granted a summary judgment in favor of the defendant that dismissed the case.

Published on: May 3, 2012

Defendant Appeals Sentence

by Stephen Bilkis

A New York Criminal Lawyer said the plaintiff and appellee of the case is the United States of America. The defendant and appellant of the case is Paul Darvin Lamm. The case is being heard in the Fifth Circuit of the United States Court of Appeals.

Appeal

Paul Darvin Lamm, the defendant has been convicted and sentenced for a previous crime. The crime that is currently in question is a guilty plea to being a user of a controlled substance and possessing a firearm. This is referred to as the instant offense. His appeal is only in regard to his sentencing. He is contesting that the petty theft shoplifting charge not be included when determining his criminal history points for calculation of his prison sentencing. This appeal brings into question whether or not an offense of petty theft is similar to an insufficient funds check, which is excluded from an individual’s criminal history report under a set of specific conditions.

Published on: May 3, 2012

Sex Crimes Victim Sues Charity Who Failed to Help Her

by Stephen Bilkis

Two counties of New York entered into a contract with a Catholic charitable group to provide residential domestic services. In October 1988, a woman contacted the charity asking their help to escape the domestic violence perpetrated against her by her husband.

A New York Sex Crimes Lawyer said the woman was afraid of her husband and she needed a safe place to go. All the residential facilities operated by the charitable organization were full. The employee of the charitable group suggested that she go to a shelter in the next county but the woman did not want to go so far away.

The employee of the charitable organization then contacted social services and asked for their approval to place the battered woman in a motel. The employee drove over to the house of the woman and picked her up and took her to the motel. A New York Sex Crimes Lawyer said she battered woman was bruised and intoxicated. The employee of the charitable organization volunteered to drive the woman to a hospital but she refused.