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CA5: Warning potential victim of a hit on him overheard on a wiretap didn’t dissipate the exigency to try to stop it

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The FBI learned through a wiretap that a person was had a hit out on him by defendant, and succeeded in finding him and warning him. The mere fact he was warned didn’t dissipate the exigency because, until defendant was … Continue reading →

Hillary Clinton for President

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This is the endorsement of the New York Times.  I was going to write one but the Times did a great job with it.  So I am reprinting it here.  I will add that her Supreme Court and other judicial picks will be much better than any her opponent would choose. In any normal election year, we’d compare the two presidential candidates side by side on the issues. But this is not a normal election year. A comparison like that would be an empty exercise in a race where one candidate — our choice, Hillary Clinton — has a record of service and a raft of pragmatic ideas, and the other, Donald Trump, discloses nothing concrete about himself or his plans while promising the moon and offering the stars on layaway. (We will explain in a subsequent editorial why we believe Mr. Trump to be the worst nominee put forward by a major party in modern American history.) But this endorsement would also be an empty exercise if it merely affirmed the choice of Clinton…

NCDD and NACDL wrap up a successful conference in Las Vegas

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The National College for DUI Defense (NCDD) and the National Association of Criminal Defense Lawyers (NACDL) just wrapped up their annual Las Vegas seminar.  As usual, it was well attended and the presentations were very informative. The conference featured presentations on Thursday, September 22, on cross-examination by Jim Nesci; accident reconstruction by Steven M. Schoor; succeeding without an expert by Tommy Kirk; and, the psychology of winning by Allen Fox, Ph.D.  The conference continued on Friday, September 23 with presentations on case law update by Don Ramsell; NHTSA’s ARIDE program (Advanced Roadside Impaired Driving Enforcement) by Tony Palacios; preparing for direct and cross of experts by Virginia Landry; ethics by Jim Nesci and nine other regents; gas chromatography for jurors by Suzanne Perry, M.Sc.; closing arguments by Joe St. Louis and Tommy Kirk; field sobriety test facts and fallacies by Tony Palacios; and, prescription medication issues by…

NFL WEEK THREE 2016

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The surprise of the week is that the majority of the Survivor pool is picking your Miami Dolphins, at home against the Browns.After another scintillating week of picks last week, we confidently take on a difficult week three schedule, starting with the Cleveland Browns +9 to keep it close against the Fins in their home opener.Staying in FLA, we like the Bucs at home -5 over the tinsel town Rams.The Raiders + 1 in Tennessee, and Carolina -7 at home over the Peterson-less Vikes. Under 51 Chargers at Indy, and under 44 Bears at Cowpokes.Site Feed

NYT Endorses Hillary, Says Trump is Worst in Modern History

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The New York Times today endorsed Hillary Clinton for President. We will explain in a subsequent editorial why we believe Mr. Trump to be the worst nominee put forward by a major party in modern American history. [More...] After giving the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Two taken to hospital after crash near Sand Hollow

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 9/24/2016 at 4:45 P.M. Please direct questions to the District Office On September 24, 2016, at approximately 2:35 p.m., Idaho State Police investigated a one-vehicle rollover on Interstate 84 near the Sand Hollow Exit. Mae L. Corwin, 52, of Baker City, Oregon, was driving eastbound on Interstate 84 near milepost 17 in a 2006 Toyota Corolla. She swerved to avoid road debris in the travel lane, over-corrected, and rolled the vehicle across the median into the westbound travel lane. Corwin and her passenger, Robert C. Lusk, 19, also of Baker City, were both wearing seatbelts. They were transported by ground ambulance to West Valley Medical Center in Caldwell, ID. The…

Report: Domestic Violence Incidents Made Deadlier By Greater Availability of Guns

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It’s estimated that more than 2,000 people die every year in domestic violence incidents in the U.S. Of those who die, more than 70 percent are women and in more than half of all cases, it’s a firearm that is used to carry out the crime. Although the issue of availability of firearms is a controversial one in this U.S., but there is little denying the fact that the link between firearms and fatal domestic violence is strong. Just living in a state with a higher rate of gun ownership increases a female’s risk of suffering a fatal gunshot wound in a domestic violence, according to Boston University researchers. That study, released in January, indicated that for every 10 percent increase in gun ownership in a state, there was a 10.2 percent increase in gun-related murders of females. Additionally, while firearms aren’t necessarily the fuel in domestic violence incidents, their presence does increase the lethality of an attack and also increases the number…

Saturday Night Open Thread

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Charlotte police have released the dash cam video of the shooting of Keith Scott. (No link due to auto-play video -- I can't even find an article without one to know what's in the video, so if you are following the story, use google.) If... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Narcos' Season 3 to Focus on Cali Cartel

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Pablo Escobar's son lists 28 inaccuracies in Narcos Season 2. Not to be outdone, with Narcos planning of butchering the story of the Cali Cartel next, William Abadia-Rodriguez, son of Cali leader Miguel Rodriguez-Orejuela, has an op-ed in La... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Two-vehicle crash injures one on I-84 near Sand Hollow

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 9/24/2016 at 8:15 p.m. Please direct questions to the District Office On September 24, 2016, at approximately 4:30 p.m., Idaho State Police investigated a two-vehicle injury crash on Interstate 84 near the Sand Hollow Exit at milepost 17.5. Karl Malott, 53, of Nampa, was eastbound on Interstate 84 driving a Harley Davidson motorcycle. Juanita Sarceda, 58, of Nampa, was also eastbound in a Chevrolet Malibu. Malott rear ended the Malibu, and was dislodged from the motorcycle. Malott was not wearing a helmet. He was transported by air ambulance to St. Alphonsus Regional Medical Center in Boise. Sarceda and her passenger, Marta Villareal, 56, of Nampa, were both wearing…

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 279 Sexual Advance Directives Alexander A. Boni-Saenz Chicago-Kent College of Law Date posted to database: 25 Jul 2016 2 217 What is an International Crime? (A Revisionist History) Kevin...

Keeping off weight as a way to be trial battle ready, through not feeling deprived nor obsessed

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A good balance of diet, rest and exercise is essential for any trial lawyer or other fighter. Today, I address eating. For rest, diminishing returns are obtained from not getting enough sleep each night, and the body can pay back through exhaustion, colds and other sickness sometimes as bad as mononucleosis (which Steve Wozniak and Steve Jobs contracted after four sleepless days creating the Breakout game). Regular moderate exercise — with at least the equivalent exertion as twenty daily minutes of walking at least five times weekly, for instance during lunchtime — seems to be more beneficial than fits and spurts of more vigorous exercise on a body that is not accustomed to regular vigorous exercise. Each person has his or her own body type, lifestyle, personality and willpower to enable achieving optimal weight and body mass, which also takes into consideration that muscle from weightlifting weighs more than otherwise. I share here what I do for…

AR: Just because officer says on video “He’s been arrested for dope, dope, and dope … carrying a weapon” doesn’t mean it still wasn’t a valid inventory

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The 4 on the year on the LPN expiration sticker looked funny, so the Trooper ran the LPN and it came back expired in 2011. It had been altered with a marker. Defendant said he borrowed his friend’s pickup. Defendant … Continue reading →

OR: Search of Altoids tin during search of backpack for drugs was reasonable

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When searching defendant’s backpack incident to arrest for drugs, the further search of an Altoids tin wasn’t unreasonable because it was a place where drugs would be held. State v. Krause, 281 Ore. App. 143, 2016 Ore. App. LEXIS 1142 … Continue reading →

CA7: Family computer that everybody knew password to gives common authority to all

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The computer in the house belonged to defendant but it was a family computer and everybody knew the password. That being the case, any one of them had common authority over the computer to consent to its search. The fact … Continue reading →

OH10: Leaving house to go to drug deal and returning there was nexus to house

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Nexus to defendant’s house for a drug search warrant is shown by the fact that he returned to the house immediately after a drug transaction [what does that prove? Most people go home after work] and left the house to … Continue reading →

Until The Pepper Spray

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It appeared to be an outrageous story. Cops beating a 15-year-old girl who may have been hurt in an accident with a car, but refused treatment. So they beat her, arrested her, pepper sprayed her. Outrageous! Except the story told wasn’t the story.  The Daily Beast broke the outrage. Boing Boing repeated it. When a teenage girl riding her bike collided with a car, cops didn’t simply take her to the hospital but instead handcuffed her, pepper sprayed her, and threw her in the back of their squad car. Certainly sounds outrageous. Body camera footage released by the Hagerstown Police shows the girl refusing to go with polic before an officer grabs her backpack. Then she is handcuffed and pushed against a brick wall while bystanders gather. “You let that badge go to your head,” one onlooker tells an officer. While the officers had allegedly arrived on the scene to take the girl to the hospital, they began referring to her in criminal terms.…

Chased Away

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The New York Times endorsed Hillary Clinton for president, because she doesn’t suck as bad as Trump of “her intellect, experience and courage.”  Lionel Shriver explains why it falls on deaf ears.* Midway through my opening address for the Brisbane Writers Festival earlier this month, Yassmin Abdel-Magied, a Sudanese-born Australian engineer and 25-year-old memoirist, walked out. Her indignant comments about the event might have sunk into obscurity, along with my speech, had they not been republished by The Guardian. Twenty minutes in, this audience member apparently turned to her mother: “ ‘Mama, I can’t sit here,’ I said, the corners of my mouth dragging downwards. ‘I cannot legitimize this.’ ” Stephanie West Allen had sent me a link to the Guardian story at the time, She didn’t like Shriver’s book? That’s fine. She didn’t agree with what Shriver had to say? That’s fine too. But…

Australia should take a stand on Veloso

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Source: Lowy Interpreter (23 September 2016)http://www.lowyinterpreter.org/post/2016/09/23/Australia-should-take-a-stand-on-Veloso.aspxIn April last year, Australians Andrew Chan and Myuran Sukumaran were among eight people executed by firing squad in Indonesia. Their deaths brought the issue of capital punishment to the forefront of Australia’s consciousness and reignited debate over the practice on a global scale. The only woman in the group scheduled for execution that day, Philippines national Mary Jane Fiesta Veloso, was given a last-minute reprieve in order to give testimony against a person accused of human and drug trafficking in the Philippines. Her death sentence has not been permanently commuted and could be reinstated. Veloso’s case attracted significant support in the Philippines and Indonesia, with many protesting her innocence and claiming that Veloso was an unwitting drug mule and victim of human trafficking.Philippines President Rodrigo Duterte has…

WaPo: Meet the judge who just released 200 secret government surveillance requests

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WaPo: Meet the judge who just released 200 secret government surveillance requests by Spencer Hsu: In ordering the first-ever release by a full federal district court of a year’s worth of secret government surveillance requests, U.S. District Chief Judge Beryl … Continue reading →
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