The U.S. Supreme Court agreed Monday to allow review in a case asking whether the U.S. Constitution permits a defendant to be convicted by a jury of fewer than twelve. As reported by SCOTUSBlog, Hamed Kian was convicted by a six-person jury in Florida of practicing as a chiropractor without a license. Lower courts rejected his argument that the Sixth Amendment entitles a defendant to a twelve-person jury. Kian is asking the Court to overrule Williams v. Florida, 399 U.S. 78 (1970) (upholding jury of less than twelve), contending that the Court has since abandoned its reasoning. Five other states (not including North Carolina) permit six-member juries in some criminal cases. Read on for more criminal law news.
Make Lemonade. Two children operating a lemonade stand in South Boston were robbed last Wednesday. On Thursday, police arrested a fourteen-year-old suspect, as reported by USA Today. Another suspect remains at large. Around 4:45 p.m. on June 10, two suspects approached the lemonade stand and asked the children running it, David Byrne, 12, and Juliette Byrne, 11, if they accepted Apply Pay. Before they could respond, the suspects grabbed a cash box (containing about $50), flashed a gun, and ran away. David Byrne told CBS News Boston that he was a little annoyed. The suspect, a minor whose identity has not been released, is expected to be arraigned in Boston Juvenile Court on several charges, including armed robbery and unlawful possession of a firearm.
Double Identity. Melvin Pinkney Jr., 42, was arrested on Monday and charged with impersonating a police officer after attempting to conduct a traffic stop on an actual police officer in Silver Spring, Maryland, according to a local ABC affiliate. Police say Pinkney was driving a Ford Taurus shortly after midnight and initiated a traffic stop by approaching the unmarked police cruiser from behind and activating red and blue emergency lights. Pinkney allegedly exited his vehicle with a holster but beat a quick retreat when the officer activated his own emergency equipment. Approached by the officer, Pinkney reportedly claimed he was an active-duty deputy sheriff working security at a nearby restaurant, but he was unable to provide any law enforcement credentials. Pinkney is being held without bond. Detectives are seeking anyone else he might have stopped while playing officer.
Reclaiming Gideon’s Trumpet. Legislation signed earlier this month makes Colorado only the second state to recognize a right to appointed counsel in civil forfeiture proceedings, as reported by Yahoo News. Colorado already has some of the nation’s strictest laws governing civil asset forfeiture, a practice that allows law enforcement agencies to obtain property connected to criminal activity even when the property owner has never been charged with a crime. The new state law, signed by Governor Jared Polis on June 4, requires courts to delay forfeiture cases until there is a conviction in a related criminal case. It also creates a right to court-appointed counsel for indigent property owners. Attorneys’ fees will be paid from a fund created from asset forfeiture revenues.
Bail Money Scam. A resident of Glen Falls, New York, nearly lost $16,000 after being told their daughter needed the money to make bail, as reported by local media. According to police, the victim received a phone call from an unknown man who claimed their daughter had been arrested following a motor vehicle accident. The man told the victim to withdraw $16,000 and give the money to an Uber driver who arrived at the victim’s home. After following the instructions, the victim went to the police department to collect their daughter. Police contacted the Uber driver and recovered the money. The police say they never contact individuals requesting cash payments.
Cheap Parking Scam. Ti’Miyah Allen of West Palm Beach is facing charges of impersonating an officer, organizing a scheme to defraud, and unlawful use of a badge after allegedly offering drivers discounted parking on swanky Worth Avenue, per this story from local media. Police say Allen approached drivers in the 100 and 200 blocks of Worth Avenue – known as one of the most exclusive shopping districts in the world – displaying an official-looking identification badge. In one case, police said, Allen obtained a driver’s credit card by offering him an all-day parking rate of $1.07; he later discovered a fraudulent $2,500 transaction on the card. Police warned the public against providing payment information in person. All parking fees are collected through the app.
Repeat Offender. Jefry Vasquez, 23, was arrested in Florida last Tuesday after allegedly leading police on a high-speed chase down U.S. 1, as reported by the Tampa Bay Times. He was charged with driving under the influence, fleeing and eluding, and speeding. On Friday, Vasquez was arrested again after allegedly leading police on a second high-speed chase down U.S. 1. Police say after making bond, Vasquez stole a Ford SUV from the Plantation Key Courthouse and fled down the same road. He faces additional charges of grand theft of a motor vehicle and fleeing police.
