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September 2014 Archives

Attorney Timothy Zerillo is a 'Beacon of Light' Protecting People's Rights

After watching Copblock videos from citys all over the country we need to know our rights before we lose them. You are a beacon of light helping the American public to know and appreciate the constitution and our bill of rights. God bless you and your family. Ron Carleton Parma,Ohio

Burrow v. Burrow

Justia.com Opinion Summary: After Patrick Burrow filed a complaint for divorce from Rachel Burrow, the parties resolved all issues relating to parental rights and responsibilities. A trial was held on the disposition of the real property. The trial court entered a final order accepting the parties' stipulated value of $310,000 of the martial home, finding that the parties' equity in the property was $215,000, setting aside $75,00 of the equity as having been gifts to Rachel from her family, and dividing the remaining $140,000 equally. After an additional adjustment, the court distributed $77,500 of the equity to Patrick and $137,500 to Rachel. The Supreme Court vacated the judgment of the trial court and remanded, holding (1) the court's judgment did not impermissibly have the effect of setting apart some portion of the marital equity in the real property as if it were nonmarital; and (2) the trial court erred its factual findings regarding the value of the gifts given to Rachel by her family, and therefore, the division of the equity between the parties must be decided anew.

D.C. prosecutors create unit to find wrongful convictions

Federal prosecutors in the District said Thursday that they will launch the first conviction integrity unit within a U.S. attorney's office to identify potential wrongful convictions, responding to a series of exonerations in the past five years stemming from flawed FBI forensic evidence and testimony.

Advanced Wiretap Law and Modern Governmental Surveillance

Attorney Tim Zerillo, founder of Zerillo Law, LLC, attended the National Association of Criminal Defense Lawyers seminar on Advanced Wiretap Law and Modern Government Surveillance law in Las Vegas last week. Attorney Zerillo handles a number of Title III wiretap cases and is litigating Motions to Suppress related to privacy issues and wiretaps currently. Attorney Zerillo is a Past President of the Maine Association of Criminal Defense Lawyers.

Use of Drug Dogs

Attorney Tim Zerillo, founder of Zerillo Law, LLC, attended the National Association of Criminal Defense Lawyers presentation on Drug Dogs, along with a K9 demonstration. Attorney Zerillo has been handling drug dog cases in Federal and Maine courts for many years. Most recently, Attorney Zerillo had a 2 day Motion to Suppress a cocaine seizure from a canine sniff search. The issues raised in that hearing caused a federal judge to issue very stern words on the record related to the Maine State Police's training and handling of drug dogs.

Jackson v. MacLeod

Justia.com Opinion Summary: Patrick Jackson and Sally McLeod were divorced in 2004. The contentiousness that began at the outset of the divorce action extended over a decade with continuing conflict and litigation, much of which centered around the parties' three children. Prior to the judgment at issue in this appeal, McLeod provided the primary residence for all three children, and Jackson had visitation rights. McLeod filed a motion to modify the parental rights order. The court later held a hearing on McLeod's motion to modify. Relying on incidents that occurred the summer prior to the hearing, the court implicitly concluded that a substantial change in circumstances had occurred and that it was in the youngest child's best interest to eliminate overnight visitation with Jackson. The court then imposed a $1000 civil fine for Jackson's "subterfuge" during one of the incidents. The Supreme Court vacated the judgment assessing the civil penalty and affirmed in all other respects, holding (1) the court lacked authority to impose the civil penalty; (2) the court did not err in modifying Jackson's rights of contact; and (3) Jackson's remaining arguments were without merit.

Police intelligence targets cash

During the rush to improve homeland security a decade ago, an invitation went out from Congress to a newly retired California highway patrolman named Joe David. A lawmaker asked him to brief the Senate on how highway police could keep "our communities safe from terrorists and drug dealers."David had developed an uncanny talent for finding cocaine and cash in cars and trucks, beginning along the remote highways of the Mojave Desert. His reputation had spread among police officers after he started a training firm in 1989 to teach his homegrown stop-and-seizure techniques. He called it Desert Snow.

Attorney Timothy Zerillo Wins A Motion to Dismiss For Another Client

Attorney Tim Zerillo, founder of Zerillo Law, LLC, represented a man charged with Improper Conduct with a Witness after Bail was Revoked and Denied in Farmington at the Franklin County Unified Criminal Docket jury selection today. The Maine Bail Code can be found here: The Maine Bail Code

NC half brothers freed after 3 decades in prison

RALEIGH, N.C. (AP) - North Carolina's longest-serving death row inmate and his younger half brother walked out as free men Wednesday, three decades after they were convicted of raping and murdering an 11-year-old girl who DNA evidence shows may have been killed by another man.

United States v. Arthur

Justia.com Opinion Summary: A Boston police officer spotted two men, including Appellant, matching the general description of culprits who had recently robbed a cell phone store. The officer stopped the men and questioned them. During the conversation, the officer received information from other officers that supported his suspicions. Appellant was brought to the scene of the crime, where he was identified in a "show-up" procedure. Appellant was charged with robbery and firearms offenses. Appellant filed a motion to suppress. The district court denied the motion, determining that the stop was justified by reasonable suspicion and that, although the show-up procedure was impermissibly suggestive, the store clerk's identification was reliable and therefore admissible. Appellant entered a conditional guilty plea to the charged counts and then appealed the denial of his motions to suppress. The First Circuit affirmed, holding that the district court (1) did not err in finding that the stop effectuated by the officer was accompanied by reasonable suspicion; and (2) did not err in refusing to suppress the store clerk's eyewitness identification testimony.

Sullivan v. Doe

Justia.com Opinion Summary: Richard Sullivan began sexually exploiting and abusing Jane Doe starting when Doe was approximately thirteen years old. When Doe was twenty years old, she gave birth to the parties' daughter. Doe later filed a complaint for an order for protection from abuse, which the district court granted. Sullivan subsequently filed a complaint for a determination of paternity, parental rights and responsibilities, and child support obligations as to the child. The district court awarded sole parental rights and responsibilities to Doe with no rights of contact to Sullivan "at this time," ordered that Sullivan may not have access to records and information about the child, and found that Sullivan owed Doe $38,019 in past child support. The Supreme Court affirmed, holding that the district court did not err in finding that Sullivan posed a significant risk to minors, did not abuse its discretion in denying Sullivan rights of contact and access to the child's records, and did not err in determining the amount of child support arrearages Sullivan owed Doe.