May 21, 2019

Archives for November 16, 2015

Donate to Paris Relief Efforts

parisguidetower

We are heartbroken at the news of the Paris terrorist attacks, and extend our support and condolences to the victims and their families. Legal Newsance, a/k/a Similan Labs, has put together a list of organizations to which we can donate in order to help our Parisian brethren.

Many people around the world are looking for ways to help the victims of the tragic attacks that took place on Friday, November 13th.

While we at Similan Labs are powerless to provide direct aid or comfort to these victims and their families, we felt one small way we could help was to create a space that provides centralized info on organizations that can assist.

Please take a moment to visit the websites of these organizations. If you know of any others, please let us know and we’ll add them to this page!


INTERNATIONAL FEDERATION OF RED CROSS AND RED CRESCENT SOCIETIES (IFRC)

About. The International Federation of Red Cross and Red Crescent Societies (IFRC) is the world’s largest humanitarian network that reaches 150 million people in 189 National Societies through the work of over 17 million volunteers.

Funding Allocation. The Federation spends 93.5% of its resources on its humanitarian activities (source).

Can You Donate Online? Yes.

Link.http://www.ifrc.org/en/get-involved/donate/

Twitter Feed.https://twitter.com/federation


MÉDECINS SANS FRONTIÈRES (DOCTORS WITHOUT BORDERS)

About. Médecins Sans Frontières (MSF) is an international, independent, medical humanitarian organization that delivers emergency aid to people affected by armed conflict, epidemics, natural disasters and exclusion from healthcare. MSF offers assistance to people based on need, irrespective of race, religion, gender or political affiliation.

Funding Allocation. MSF spends over 80% of its resources on its humanitarian activities (source).

Can You Donate Online? Yes.

Link.http://www.msf.org/donate

Twitter Feed.https://twitter.com/MSF


SECOURS POPULAIRE FRANCAIS

About. Born in 1945, Secours populaire is a non-profit making association declared to be a great National cause. It is authorised to receive gifts, legacies and donations. The aim of the association is to fight against poverty and exclusion in France and throughout the World. It brings together people of all views, circumstances and origins who wish to live in solidarity.

Funding Allocation. Secours populaire spends 68% of its resources on its humanitarian activities (source).

Can You Donate Online? Yes, but the donation page is in French.

Link.https://www.secourspopulaire.fr/don#.VkbMBa6rRBy

Twitter Feed.https://twitter.com/secourspop


SECOURS CATHOLIQUE

About. Au Secours Catholique-Caritas France, more than 67,000 volunteers and nearly 1,000 employees act against poverty and in favor of solidarity, in France and in the world. As a service of the Catholic Church whose mission is to support the most fragile, the organization – founded in 1946 – is mobilized on the French territory and overseas, through its 4000 local teams. Internationally, it supports in more than 70 countries and territories in line with the global network Caritas Internationalis.

Funding Allocation. Secours Catholique spends 74% of its resources on its humanitarian activities (source).

Can You Donate Online? Yes, but the donation page is in French.

Link.https://don.secours-catholique.org/don_non_affecte/~mon-don/

Twitter Feed.https://twitter.com/caritasfrance


SOLIDARITÉS INTERNATIONAL

About. For over 30 years, the humanitarian aid organization SOLIDARITÉS INTERNATIONAL has been committed to providing aid in the event of conflict and natural disasters. Our mission is to provide aid as quickly and as efficiently as possible to endangered populations by meeting their vital needs: drinking water, food and shelter.

After providing emergency aid, our humanitarian teams accompany the most vulnerable families and communities until they recover their livelihoods and self-sufficiency, to enable them to deal with the challenges of an uncertain future with dignity.

Funding Allocation. Solidarités International spends 93% of its resources on its humanitarian activities (source).

Can You Donate Online? Yes.

Link.https://dons.solidarites.org/b/my-donation

Twitter Feed. https://twitter.com/solidarites_int

 

Tenth Circuit: Lesser Included Offense Must Have Nearly Identical Elements as Charged Offense

The Tenth Circuit Court of Appeals issued its opinion in United States v. Barrett on Wednesday, August 19, 2015.

Kenneth Barrett had outstanding warrants for failure to appear at a state court trial for drug charges, and in 1999 an Oklahoma drug task force learned Barrett was manufacturing and selling methamphetamine out of his home. Officers obtained a warrant and devised a plan to execute it at night. Barrett opened fire on the officers as they attempted to execute the warrant, killing one officer. Barrett was charged in Oklahoma state court with one count of first-degree murder and three counts of shooting with intent to kill. His first state trial resulted in a hung jury, and in 2004 he was retried and found guilty of two lesser included offenses—manslaughter instead of first-degree murder and assault with a dangerous weapon instead of shooting with intent to kill. He was sentenced to 30 years in prison.

In September 2004, Barrett was charged with various federal drug and murder offenses in the U.S. District Court for the Eastern District of Oklahoma: (1) causing Officer Eales’ death in the course of using a firearm in the furtherance of a drug-trafficking offense, (2) causing Eales’ death in the course of using a firearm in the furtherance of a crime of violence, and (3) intentionally killing Eales during a federal drug offense while Eales was engaged in his official duties. A jury convicted him of all three counts. He was sentenced to life in prison on the first two counts and death on the third count. On direct appeal, the Tenth Circuit affirmed the convictions and sentence. Barrett then sought relief under 28 U.S.C. § 2255, but the district court denied a COA. The Tenth Circuit granted a COA on seven issues related to ineffective assistance of counsel.

The Tenth Circuit addressed Defendant’s arguments in turn. It found no error with defense counsel’s decisions to utilize the same police tactics expert that was used in the state court, since the strategy worked in state court. The Tenth Circuit noted that the decision of which expert to call is quintessentially a matter of strategy for the trial attorney and it would hesitate to question any of defense counsel’s decisions. Defendant also argued his trial counsel erred by failing to counter the government’s crime scene reconstruction expert, and the Tenth Circuit again disagreed, finding the expert’s testimony was full of problems for the prosecution and defense counsel was well within reason to use the same strategy they used in the state trial. Defendant also argued his counsel was ineffective for failing to present mental health evidence during the guilt phase, but the Tenth Circuit determined Defendant failed to show prejudice.

Next, Defendant argued the jury instructions insufficiently advised the jury on lesser included offenses. The Tenth Circuit evaluated Defendant’s proffered lesser included offense instructions and found them inapposite because they were not lesser included offenses of the charged offenses. The Tenth Circuit noted that, to be a lesser included offense, it must contain the same elements as the charged offense except for the thing that makes the greater offense greater. Because the elements of the proposed lesser included offenses were not the same as the charged offenses, Defendant’s argument failed. Defendant’s arguments that his counsel should have requested instructions on victim identity and drug manufacturing similarly failed.

The Tenth Circuit last addressed Defendant’s argument that his counsel was ineffective for failing to explore evidence of his mental health issues during the penalty phase. The Tenth Circuit examined the record and found that defense counsel had not explored potential mitigating evidence of Defendant’s mental health issues at all. The Tenth Circuit reversed the death sentence and remanded for resentencing.

The Tenth Circuit reversed and remanded the death sentence and affirmed in all other respects.

Tenth Circuit: Unpublished Opinions, 11/13/2015

On Friday, November 13, 2015, the Tenth Circuit Court of Appeals issued two published opinions and three unpublished opinions.

Powell v. Arapahoe County District Court

Caldera-Herrera v. Lynch

United States v. Redifer

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.