Comments for West Virginia Criminal Law Blog http://wvcriminaldefenseattorney.wordpress.com A West Virginia Lawyer's View of Things Fri, 06 Nov 2009 05:57:34 +0000 http://wordpress.com/ hourly 1 Comment on Cops and prosecutors in southern West Virginia get preferential treatment when they break the law – Part 1 by Dana http://wvcriminaldefenseattorney.wordpress.com/2008/09/26/cops-and-prosecutors-in-southern-west-virginia-get-preferential-treatment-when-they-break-the-law-part-1/#comment-672 Dana Fri, 06 Nov 2009 05:57:34 +0000 http://wvcriminaldefenseattorney.wordpress.com/?p=380#comment-672 Nice blog. Just wanted to say it isn't confined to W. Virginia. Here in Colorado the sheriff's sone lives under a seperate set of rules too. Nice blog. Just wanted to say it isn’t confined to W. Virginia. Here in Colorado the sheriff’s sone lives under a seperate set of rules too.

]]> Comment on Proposed West Virginia DUI legislation before Judiciary Committee by johnbryanlaw http://wvcriminaldefenseattorney.wordpress.com/2009/03/26/proposed-west-virginia-dui-legislation-before-judiciary-committee/#comment-671 johnbryanlaw Tue, 03 Nov 2009 15:35:04 +0000 http://wvcriminaldefenseattorney.wordpress.com/?p=677#comment-671 Amen. Amen.

]]> Comment on Proposed West Virginia DUI legislation before Judiciary Committee by DUI Lawyer Morgantown WV http://wvcriminaldefenseattorney.wordpress.com/2009/03/26/proposed-west-virginia-dui-legislation-before-judiciary-committee/#comment-670 DUI Lawyer Morgantown WV Tue, 03 Nov 2009 11:45:17 +0000 http://wvcriminaldefenseattorney.wordpress.com/?p=677#comment-670 It would be nice to have a No Contest plea actually mean something again especially in the eyes of the DMV. It would be nice to have a No Contest plea actually mean something again especially in the eyes of the DMV.

]]> Comment on Mark Bennett’s “Nike Rule” for jury selection (and 15 others) [updated 8/24/09] by Bennett’s jury selection rules (cont’d) « West Virginia Criminal Law Blog http://wvcriminaldefenseattorney.wordpress.com/2009/08/05/mark-bennetts-nike-rule-for-jury-selection/#comment-668 Bennett’s jury selection rules (cont’d) « West Virginia Criminal Law Blog Fri, 30 Oct 2009 14:32:25 +0000 http://wvcriminaldefenseattorney.wordpress.com/?p=812#comment-668 [...] jury selection rules (cont’d) I never quite finished going through Mark Bennett’s jury selection rules, so I feel it is necessary to include the [...] [...] jury selection rules (cont’d) I never quite finished going through Mark Bennett’s jury selection rules, so I feel it is necessary to include the [...]

]]> Comment on Downward trend in WV misdemeanor sentences [well, mostly] by Jennifer http://wvcriminaldefenseattorney.wordpress.com/2009/09/15/downward-trend-in-wv-misdemeanor-sentences-well-mostly/#comment-665 Jennifer Mon, 26 Oct 2009 02:42:28 +0000 http://wvcriminaldefenseattorney.wordpress.com/?p=824#comment-665 I agree, I think the criminals should be forced to work a job, who cares what it is and their paychecks taken to pay the restitution and them given an allowance like they do in child support cases. I think the fact the someone wants a let someone waste a lot of time and money on housing for these criminals needs to see the bottom line of what it cost, including the jailers pay role, taxes, and most jails or prisons have cable, and the food, cleaning and general upkeep of the facilities.....like lawn care and the cost to build it and the pavement and sidewalks..... There is a place in AZ where the inmates garden their own food and extras to pay for thinks they get and the inmates live in tents. I can't imagine that being a "3 squares a day" kinda place. I agree, I think the criminals should be forced to work a job, who cares what it is and their paychecks taken to pay the restitution and them given an allowance like they do in child support cases. I think the fact the someone wants a let someone waste a lot of time and money on housing for these criminals needs to see the bottom line of what it cost, including the jailers pay role, taxes, and most jails or prisons have cable, and the food, cleaning and general upkeep of the facilities…..like lawn care and the cost to build it and the pavement and sidewalks….. There is a place in AZ where the inmates garden their own food and extras to pay for thinks they get and the inmates live in tents. I can’t imagine that being a “3 squares a day” kinda place.

]]> Comment on Computer Crimes and Steganography by Ruth http://wvcriminaldefenseattorney.wordpress.com/2009/01/27/computer-crimes-part-ii/#comment-664 Ruth Sun, 25 Oct 2009 01:46:59 +0000 http://wvcriminaldefenseattorney.wordpress.com/?p=631#comment-664 I was told that NO Registered Sex Offender in WV was permitted to use web sites such as Facebook,Myspace or any other social web site. I was also told that NO Registered sex offender was permitted to have access to a computer. Is this true, or just true for certain offenders. I was told that NO Registered Sex Offender in WV was permitted to use web sites such as Facebook,Myspace or any other social web site. I was also told that NO Registered sex offender was permitted to have access to a computer.

Is this true, or just true for certain offenders.

]]> Comment on Worshipping Psychobabble by Danon http://wvcriminaldefenseattorney.wordpress.com/2009/10/13/worshipping-psychobabble/#comment-660 Danon Sat, 17 Oct 2009 21:11:22 +0000 http://wvcriminaldefenseattorney.wordpress.com/?p=842#comment-660 "Psychoquack" I love it!. It is indeed silly that ones opinion is "ordered" and is clearly only in the interest of the party paying. Psychology and the science of it may be helpful in many areas. But to make a snap decision on a case they are relatively unfamiliar with doesn't seem like justice to me. But, it is what it is, apparently somewhere, someone thinks its a good idea. But it sure feels good to vent sometimes. Well written! “Psychoquack” I love it!. It is indeed silly that ones opinion is “ordered” and is clearly only in the interest of the party paying. Psychology and the science of it may be helpful in many areas. But to make a snap decision on a case they are relatively unfamiliar with doesn’t seem like justice to me.

But, it is what it is, apparently somewhere, someone thinks its a good idea. But it sure feels good to vent sometimes. Well written!

]]> Comment on Worshipping Psychobabble by calhoununderground http://wvcriminaldefenseattorney.wordpress.com/2009/10/13/worshipping-psychobabble/#comment-659 calhoununderground Sat, 17 Oct 2009 16:15:06 +0000 http://wvcriminaldefenseattorney.wordpress.com/?p=842#comment-659 Feels better, doesn't it? Feels better, doesn’t it?

]]> Comment on Polygraphs: to do or not to do? by johnbryanlaw http://wvcriminaldefenseattorney.wordpress.com/2009/10/09/polygraphs-to-do-or-not-to-do/#comment-657 johnbryanlaw Tue, 13 Oct 2009 15:34:55 +0000 http://wvcriminaldefenseattorney.wordpress.com/?p=840#comment-657 Barry, Thank you for your comment. Let me ask you, have you ever testified against someone you examined pursuant to the cooperation or request of their attorney? Barry,

Thank you for your comment. Let me ask you, have you ever testified against someone you examined pursuant to the cooperation or request of their attorney?

]]> Comment on Polygraphs: to do or not to do? by Barry Cushman http://wvcriminaldefenseattorney.wordpress.com/2009/10/09/polygraphs-to-do-or-not-to-do/#comment-656 Barry Cushman Tue, 13 Oct 2009 15:24:16 +0000 http://wvcriminaldefenseattorney.wordpress.com/?p=840#comment-656 I am one of those examiners (i.e. a police examiner), but I'm in Maine. I've never seen a person charged (or not had charges dropped) whom I concluded was truthful. Our prosecutors use polygraph routinely in the circumstances you say are a fiction in your neck of the woods. Some attorneys have their clients tested privately first; others, usually for financial reasons, don't. If the examiner is doing the job (as the neutral investigator in search of the truth) that he or she should be, then it shouldn't matter whether he or she works for the State or the defense. Of course, it's your job as an attorney to make sure you're sending only the innocent folks to the State's examiner. If not, sure the interview could be a problem. What I've seen (generally speaking) is that the folks I get for tests (with defense attorneys involved) are for defendants the attorneys feel pretty good about. That is, the attorneys say there is something different about their (the people that allow to submit to a State polygraph) denials than those of most of their other clients who say they are not guilty. (Of course, there's always a question of the integrity of the prosecution witnesses in these cases too.) I am one of those examiners (i.e. a police examiner), but I’m in Maine. I’ve never seen a person charged (or not had charges dropped) whom I concluded was truthful. Our prosecutors use polygraph routinely in the circumstances you say are a fiction in your neck of the woods. Some attorneys have their clients tested privately first; others, usually for financial reasons, don’t. If the examiner is doing the job (as the neutral investigator in search of the truth) that he or she should be, then it shouldn’t matter whether he or she works for the State or the defense.

Of course, it’s your job as an attorney to make sure you’re sending only the innocent folks to the State’s examiner. If not, sure the interview could be a problem. What I’ve seen (generally speaking) is that the folks I get for tests (with defense attorneys involved) are for defendants the attorneys feel pretty good about. That is, the attorneys say there is something different about their (the people that allow to submit to a State polygraph) denials than those of most of their other clients who say they are not guilty. (Of course, there’s always a question of the integrity of the prosecution witnesses in these cases too.)

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