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Boyer v. Louisiana - UnSpeedy Trial

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The Supreme Court ruling Boyer v. Louisiana is available in Adobe .pdf format. "Divided Supreme Court dismisses Louisiana convict’s appeal over cause of 7-year trial delay," is the AP report, via the Washington Post. A sharply divided Supreme Court dismissed...

Findings Highlight Gun Violence Disparity across Racial Groups in Minnesota

Findings Highlight Gun Violence Disparity across Racial Groups in Minnesota

MO - House endorses sex offender legislation

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Original Article04/30/2013JEFFERSON CITY (AP) - Missouri House members have approved legislation (PDF) that would make changes to the sex offender registry. Sex offenders would be grouped into three tiers with each considered to have a different risk of committing another offense. Eventually, people could file a petition in court and ask to be removed from the registry. How long they would need to wait before filing a petition would vary depending on their tier. Part of the legislation also seeks to increase the penalty for incest, child rape and child abuse resulting in death. Another portion adjusts the definition of rape to include instances in which a woman has become incapacitated because of the actions of a third person. The legislation approved 101-52 on Monday now goes to the Senate.© 2006-2013 | Sex Offender Issues

Outreach To Injured Athletes and Amputees: Boston Marathon Tragedy

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I was an athlete for my whole, two legged life and I am an athlete after my amputation. If anyone who is reading this needs to talk to someone, not because you want to sue anyone, but because you want to talk to an amputee, please call me. 617-680-6574 If you are an amputee, know an amputee, or were injured in any other way in the Boston Marathon tragedy, I would like to help. I have learned a lot since my accident, but it took years to get things figured. People reached out to me after my accident and for their icite, I am grateful. image006.jpg The four year aniversary of my accident is coming up. On May 2nd, 2009, my leg was cut off when a driver cut across 4 lanes of highway in Silver City, New Mexico, driving my knee through the cooling fins on the engine of my motorcycle with her SUV. Like many of the victims of the tragic bombing on Marathon Monday, I had a field amputation, meaning, my leg was instantly cut off. Two legs to one leg, instantly, with no planning and no preparation. The thought of losing a limb never even crossed my mind. As a semi-professional downhill mountain biker, motocross racer and general daredevil, I had had thoughts about paralysis, and broken bones, but never limb loss. I'd shattered my knee cap, broken ankles, wrists and hands, even seperated my shoulder, but never once thought about life without a leg. Life without a limb is different to say the least. It takes time and adaptation but most of all it takes a positive attitude. It took me a long time to adjust, and at the four year aniversary, I am still adjusting daily. IMG_0345.jpg I was an athlete, I ran the Boston Marathon, I raced triathlons, I raced motorcycles and bicycles. I AM AN ATHLETE, I race triathlons, motorcycles and 12 and 24 hour endurance mountain bike events. As a matter of fact, I've won more trophys as an amputee than I ever did when I had my legs, not because people felt pitty on me and gave me a trophy, but because I trained harder. I never trained harder than I did after becoming an amputee. Two-a-days, and even three-a-days, were commonplace. Looking back, I wish I had worked that hard when I was in one piece. As a guy who's always hated pep talks, a guy who always hated people who were vocal about their positive attitudes, and life outlook, I know I may be turning some people off by writing this. I don't want to be Tony Robbins. As a guy who shut a lot of people out after my accident, I understand what some people may be dealing with. The only people who got through to me after my accident had to force their way in, and if they didn't get in fast enough, they were stiff-armed out of the way. I'm not going to show up at people's rehab facilities, but I sure wish I could. Say the word and I'm there. Or we can just email. MY NAME IS DAKOTA MARTIN AND I AM AN AMPUTEE.

News of the (Shareholder Derivative) World: Record-High $139 Million Settlement in News Corp. Phone Hacking Suit

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Putting an end to shareholder derivative litigation arising from News Corp.’s phone-hacking scandal, the company’s directors agreed last week to a record-breaking $139 million cash settlement. According to the plaintiffs’ lawyers, the deal is the “largest cash derivative settlement on record.” The settlement will be funded by directors’ and officers’ insurance proceeds. Plaintiffs initially filed [...]

Defendants Convicted of Crack Offenses Who Received Cooperation Departures Below the Mando are not Barred From Seeking a Sentence Reduction Under Section 3582(c)(2)

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In United States v. Savani, Nos. 11-4359/11-4494/12-1034, the Third Circuit held that Amendment 750 to the Sentencing Guidelines superseded United States v. Doe, 564 F.3d 305 (3d Cir. 2009), and allows defendants who were sentenced below their mandatory minimum sentences for substantial assistance to move for a sentence reduction under 18 U.S.C. § 3582(c)(2). The three appellants in Savani were in similar positions. All three were facing mandatory minimum sentences for crack offenses - Savani and Herbert were facing 10 years, and Roe was facing twenty years, due to his prior conviction. All three defendants entered into cooperation plea agreements with the government, and they all received sentences below the mandatory minimums.After the Fair Sentencing Act ("FSA") was passed in August 2010, the Sentencing Commission amended U.S.S.G. § 2D1.1 by reducing the guidelines to correspond to the18:1 ratio that now triggers mandatory minimum sentences under the FSA. All three defendants filed motions to reduce their sentences under § 3582(c)(2). All three motions were denied by the district courts, citing Doe.Doe held that the Sentencing Commission’s policy statement § 1B1.10(b)(2)(b), precluding sentence reductions if a defendant’s "applicable guideline range" is not reduced by the amendment, prevented reductions in cases like these. "Applicable guideline range" was not then defined, but the Doe Court ruled that it must mean the starting point for calculation of the sentence - in these cases, the mandatory minimum, not the crack guideline range. Thus, the defendants were ineligible under § 3582(c)(2), because even if their departures were somehow "based on" the now-lower crack guideline range, granting relief would be inconsistent with the Commission’s policy statement. In 2011, however, when the Commission issued the most recent retroactive crack amendment, it also offered a definition of the term "applicable guideline range." According to Application Note 1(A) to U.S.S.G. § 1B1.10, the"applicable guideline range" is "the guideline range that corresponds to the offense level and criminal history category determined pursuant to U.S.S.G. § 1B1.1(a), which is determined before consideration of any departure provision in the Guidelines Manual or any variance." U.S.S.G. § 1B1.10 cmt. n.1(A).In a 2-1 decision, the Court determined that this language supersedes Doe, and that the defendants were eligible for relief. The majority reached this decision on rule of lenity grounds. It first examined multiple Guidelines provisions, seeking to clarify the definition and the Commission’s intent, but it concluded that it was unclear whether - in the context of cooperators receiving substantial assistance departures - the definition referred to the guideline range or the mandatory minimum guideline sentence.Judge Fuentes filed a separate opinion concurring in the result, but expressing the opinion that the plain language of the emergency amendments rendered the appellants eligible for sentence reductions. His opinion relied primarily on an analysis of the language of the definition as compared with the eight-step sentencing process.The government is considering whether to seek rehearing or to petition for certiorari.  However, in the meantime, the government may not oppose bail for defendants who might otherwise be eligible for immediate release under the amendment.Congratulations to Sarah Gannett for an amazing job, and special thanks for her help on this post!

“OFAC Removes Colombians, Iranian from Blacklist”

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The Wall Street Journal on April 30, 2013 released the following: “The U.S. Treasury Department’s Office of Foreign Assets Control said Tuesday it removed 16 Colombians, a Colombian company and an Iranian from its blacklists. By Samuel Rubenfeld The U.S. Treasury Department’s Office of Foreign Assets Control said Tuesday it removed 16 Colombians, a Colombian [...]

A Little Less Freedom of Information.

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This Blog was written by whistleblower Attorney Tony Munter At the risk of making your head hurt today we direct your attention to scotus blog for a little constitutional law discussion. In McBurney v. Young, a unanimous Court (in an opinion by Justice Alito) held that Virginia's Freedom of Information Act, which grants Virginia citizens access to all public records, but grants no such right to non-Virginians, does not violate the Privileges and Immunities Clause, which protects only those privileges and immunities that are "fundamental." Nor, the Court held, does the Act violate the dormant Commerce Clause.

Tuesday Open Thread

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There was a hearing in the George Zimmerman case today. Zimmerman and his lawyers confirmed they are not seeking to have the case dismissed prior to trial based on immunity. However, Mark O'Mara said the defense may still raise immunity at... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

If someone is high and got into a car accident, can they be charged with a crime?

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Free legal answers from attorneys - Driver took a couple hits with a friend about a half hour before this incident occurred. The police came to the scene,

Child Porn Conviction Leaves Former Warren Teacher Facing Probation, Jail Time

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On Tuesday April 23, 37-year-old Mark G. Brittan of Hazel Park was sentenced to five years probation and seven months in the Macomb Count Jail after being convicted on a charge of possessing child pornography. Brittan is a former Warren substitute teacher, and taught for approximately four years in Van Dyke Public Schools. Brittan was allegedly found to have child pornography on his computer, however, his arrest was triggered by what was called "inappropriate" behavior according to Judge Richard Caretti. This inappropriate behavior consisted of Brittan allegedly taking a "suggestive" picture of a 7-year-old student while teaching; the girl was fully clothed at the time the photo was taken. A news article at C & G News stated that Brittan took full responsibility for his actions, saying that it was "the biggest mistake" of his life. After listening to Brittan's remarks, Judge Caretti also ordered Brittan to register as a sex offender. He was also ordered to avoid contact with any individual age 17 or younger, and told not to go within 1,000 feet of school property, or within 500 feet of daycares, parks, or playgrounds. The investigation into the incident began after Warren police learned from school officials that Brittan had told the girl to pose for the photo. The girl told her mother, who then reported the incident to a school resource officer. Upon learning of the allegations, police obtained a search warrant and searched Brittan's home in June of last year, where they seized property including a computer. According to the news article, criminal charges were authorized based on statements made by the defendant in the course of an interview, and analysis of the items seized at the residence. Jack Jaffe, Brittan's defense attorney, said that his client is undergoing counseling and has performed 48 hours of community service. Brittan has been working at Oakland Community College as a tutor. Following sentencing on Tuesday, he was escorted immediately to jail. Michigan child pornography attorneys know that when it comes to sentencing for individuals convicted of this offense, Brittan got off with what some would call a "light sentence." According to the Michigan Penal Code 750.145c, individuals who knowingly possess materials that are considered child pornography are guilty of a felony offense which may result in up to 4 years in prison; certain other factors could lead to penalties that are even more harsh.

Is it a crime to use someone else’s name for employment?

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Free legal answers from attorneys - I have a felony and a couple of misdemeanors on my record and that makes it so hard for me to find work. I messed up. I

88-year-old Chelsea Man to Go on Trial for Cocaine Possession with Intent to Deliver

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In the fall of 2011, then 87-year-old Leo Sharp of Michigan City, Indiana was pulled over in Washtenaw County near Chelsea for improper lane usage. In the course of the stop, it was discovered that Sharp had 104 bricks of cocaine in his vehicle, which were determined to be worth $2.9 million. According to Sharp, drug dealers forced him to take the cocaine; he says he did so out of fear that the dealers would harm his children, grandchildren, or himself if he refused. Sharp was pulled over near Chelsea, about 60 miles west of Detroit. Sharp was transporting the cocaine from Arizona to Michigan, according to a news article at The Huffington Post. He was arraigned in November of 2011 on a charge of possession with intent to distribute cocaine. Sharp was allegedly approached by an acquaintance of one of his employees, who asked him to pick up luggage containing cash in Raleigh, NC. He was then to drop the luggage off in Arizona, and pick up more money along with bricks of cocaine and a piece of paper instructing which exit to get off of in Detroit. At one point, Sharp said that he was "forced at gunpoint" to deliver the cocaine, although he told authorities he had not delivered the drugs or the money. Michigan state police ultimately found the stash of illegal drugs in Sharp's vehicle through the use of a drug-sniffing dog after Sharp denied a trooper's request to search the vehicle. According to Ray Richards, Sharp's attorney, it was his client's first time in the court system. Sharp pleaded not guilty to the charge and was released on bond. Sharp's attorney attempted to have evidence thrown out of court, saying that the seizure of the drug was illegal because authorities had no probable cause to pull his client over. Recently, Detroit federal Judge Nancy Edmunds refused to throw out evidence; his trial is scheduled for October of this year. Michigan drug possession lawyers know that the criminal penalties are extremely serious when an individual is convicted on a charge of drug possession with intent to deliver. Because Sharp is now 88 years old, if convicted he will likely spend the rest of his life in prison and be required to pay a huge fine.

How does the arraignment process work?

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Free legal answers from attorneys - I received a phone call that my husband was arrested at work by two police officers. Made some phone calls and they men

Can I be arrested for defending myself after I was attacked?

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Free legal answers from attorneys - Ran into a childhood friend at a bar over the weekend and had a pretty lengthy conversation with her. Gave her a big hu

Two-vehicle, injury crash near Blackfoot.

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 5/1/2013 1:00 p.m. Please direct questions to the District Office On May 1st, 2013 at approximately 7:55 a.m., Idaho State Police investigated a two-vehicle, injury crash at the intersection of 200 North Road and 200 East Road in Bingham County. Tracy Kirby, 52 of Firth, was driving a 2004 Toyota Camry southbound on 200 East Road when she failed to stop at the stop sign. Kirby's vehicle collided with a 2006 Hyundai Sonata driven by Robert Crawford, 18 of Blackfoot. Crawford was traveling westbound on 200 North Road. The intersection was blocked for approximately one hour while the crash was investigated. Both drivers were wearing seatbelts and both were transported to Bingham Memorial Hospital in Blackfoot. -------------

Alabama Legislation

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"Alabama Senate votes to expand death penalty law," is the AP report, via Westport News. The Alabama Senate has voted to expand Alabama's death penalty law to include a defendant who kills a person who had a protective order issued...

Will I have to complete treatment if my deferred prosecution is revoked?

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Yes, in most cases. Most judges will still make you complete the 2-year deferred prosecution alcohol/drug treatment program. However, this is not set in stone. If it is an old case (i.e. 4 years into the DP) or you never...

Dzhokhar Tsarnaev's Friends Charged With Obstruction, False Statements

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Here is the Complaint filed today against three of Dzhokar Tsarnaev's friends, Dias Kadyrbayev, Azamat Tazhayakov and Robel Phillipos. The complaint alleges Dias and Azamat went to Dzhokar's dorm room and retrieved his laptop and a backpack... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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