Weird Criminal Law Stories 30
January 21st, 2009 by Leonard Birdsong
Birdsong wonders where they get these stupid people. Here are a few more weird criminal law stories that are all true.
Archive for January, 2009
Schmuck v. United States, 489 U.S. 705 (1989)
January 20th, 2009 by Leonard Birdsong
Schmuck v. U.S.
489 U.S. 705, 109 S.Ct. 1443
U.S.Wis.,1989.
BLACKMUN delivered the opinion of the Court.
I
In August 1983, petitioner Wayne T. Schmuck, a used-car distributor, was indicted in the United States District Court for the Western District of Wisconsin on 12 counts of mail fraud, in violation of 18 U.S.C. §§ 1341 and 1342. App. 3.e alleged fraud was a common and straightforward one. Schmuck purchased used cars, rolled back their odometers, and then sold the automobiles to Wisconsin retail dealers for prices artificially inflated because of the low-mileage readings. These unwitting car dealers, relying on the altered odometer figures, then resold the cars to customers, who in turn paid prices reflecting Schmuck’s fraud. To complete the resale of each automobile, the dealer who purchased it from Schmuck would submit a title-application form to the Wisconsin Department of Transportation on behalf of his retail customer. The receipt of a Wisconsin title was a prerequisite for completing the resale; without it, the dealer could not transfer title to the customer and the customer could not obtain Wisconsin tags. The submission of the title-application form supplied the mailing element of each of the alleged mail frauds.
Before trial, Schmuck moved to dismiss the indictment on the ground that the mailings at issue-the submissions of the title-application forms by the automobile dealers-were not in furtherance of the fraudulent scheme and, thus, did not *708 satisfy the mailing element of the crime of mail fraud. Schmuck also moved under Federal Rule of Criminal Procedure 31(c) FN1 for a jury instruction on the then misdemeanor offense of tampering with an odometer, 15 U.S.C. §§ 1984 and 1990c(a) (1982 ed.).FN2 The District Court denied both motions.FN3 After trial, the jury returned guilty verdicts on all 12 counts.
Before trial, Schmuck moved to dismiss the indictment on the ground that the mailings at issue-the submissions of the title-application forms by the automobile dealers-were not in furtherance of the fraudulent scheme and, thus, did not *708 satisfy the mailing element of the crime of mail fraud. Schmuck also moved under Federal Rule of Criminal Procedure 31(c) FN1 for a jury instruction on the then misdemeanor offense of tampering with an odometer, 15 U.S.C. §§ 1984 and 1990c(a) (1982 ed.).FN2 The District Court denied both motions.FN3 After trial, the jury returned guilty verdicts on all 12 counts.
Krystal's Writings 4
January 20th, 2009 by Leonard Birdsong
Birdsong’s daughter Krystal passed away in September 2008. In sorting through her personal effects Birdsong found some of ther “poems” she wrote while in high school. Birdsong has been sharing them with a wider world. Here are two more short ones. I wonder what was on this child’s mind?
“MUST STOP”
ICE And Despair
January 19th, 2009 by Leonard Birdsong
One of Birdsong’s favorite refugee law students is Terry Hanson. Birdsong oversaw Mr. Hanson’s refugee research last semester. Mr. Hanson believes our immigration system is terrible and that the current system needs to be abolished in order to encourage more people to come to the U.S. who wish to work and build our economy.
Based upon his research Mr. Hanson has written a paper aptly entitled “ICE and Despair. He has given Birdsong permission to post information about himself, as well as his paper. Read and learn.
Weird Criminal Law Stories 29
January 19th, 2009 by Leonard Birdsong
Birdsong brings you another insptallment of weird, but true, criminal law stories.
Auckland, New Zealand: a New Zealander who raped a woman in his car was arrested after he fell asleep and she drove him to a police station. Vipul Sharma, 22, was convicted in November, 2008, of abduction and rape for the attack which occurred in 2006 in an Auckland park. After the assault he fell asleep – and woke up only after the victim had driven to the city’s central police station. Police Detective Simon Welsh said, “She showed a lot of bravery and common sense. I have nothing but respect for what she has endured.”
Sometimes the worm turns…
Kennewick, WA: A nut job in Washington State thought it would be funny to stroll into a bank on Halloween of 2008, dressed as a terror bomber, complete with fake explosives wrapped around his body. The police disagreed.
