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What Are the Causes of a Mistrial?

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When accused Las Vegas underwear thief Joey Kadmiri first appeared at jury trial in July of 2014, he expected a fairly swift conclusion in the form of a verdict. His brandishing of a gun while entering the “Thunder from Down Under” dressing room to steal the male strippers’ thong undergarments had gotten him into this mess. It had also captured the imagination of local news personalities who broadcast updates on the case at every opportunity. In the end, the jurors’ off-the-record discussion of this telecast information led to Kadmiri’s mistrial and greatly delayed the eventual resolution of his case. The term of mistrial applies to any court case that reaches an unexpected or insoluble end without returning a verdict. While any number of factors can claim responsibility, most mistrials revolve around such fundamental procedural errors as: A lack of jurisdiction over the matter at hand. An error in jury selection. The presentation of inadmissible…

What is Second Chance Probation?

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“Second chance probation” is a sentence in Illinois that allows certain offenders to clear a conviction from their record after serving at least two-years of probation. This law, which became effective January 1, 2014, allows the court to sentence the defendant to probation without entering a judgement. Those who have previously been convicted (i.e. probation or conditional discharge) of any felony offense are not eligible for this sentence. In addition, this sentence is not available for violent offenders or defendants who have previously plead guilty or who have been found guilty of a violent offense. Second Chance Probation may be offered to defendants charged with certain probationable felony offenses such as possession of a controlled substance, possession of cannabis, theft, retail theft, and criminal damage to property. When a defendant is sentenced to Second Chance Probation, the court will order a minimum period of 24-months probation and…

What Is Temporary Total Disability?

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Several benefits are available to Oklahoma workers who’ve been hurt at work, depending on the severity of the injury and length of time the injured employee can’t work. One such benefit is temporary total disability (TTD). Workers’ compensation insurance pays lost wages and medical expenses to employees who have been hurt at work. Each state has its own workers’ compensation laws. Although many share similarities, there are some differences, so it’s important to understand Oklahoma laws if you are injured on the job here. With very few exceptions, all employers in Oklahoma must provide workers’ compensation benefits to their employees. If they don’t, they could be prosecuted or fined. What Is Temporary Total Disability? Temporary Total Disability means your injury has made it impossible for you to perform your regular job duties, but your disability is expected to be temporary. This determination is generally made by your treating…

Adult Jail Can Serve As An Alternative to Detention in Juvenile Cases

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Adult Jail Time as an Alternative to Juvenile Detention In O.P. v. State (State ex rel. O.P.), 2016 UT App 181, the Utah Court of Appeals addressed whether adult jail can legally serve as an alternative to juvenile detention. O.P. appealed the order of the juvenile court, which included jail time. He was pulled over by the[...] The post Adult Jail Can Serve As An Alternative to Detention in Juvenile Cases appeared first on Utah Criminal Defense Lawyer | Salt Lake City DUI Attorney.

Chief Justice Malcolm Lucas

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Retired California Chief Justice Malcolm Lucas died yesterday.  He was 89.Justice Lucas was the lone voice of sense on the California Supreme Court in its darkest days, a time when judicial activism ran roughshod over the validly enacted will of the people, over the rights of victims, and over the state constitution itself.  He gave up a U.S. District Judge seat to take the position, and one reporter asked him why he was taking a "demotion."  There was important work to be done.In 1986, the people stood up, said "no more," and booted three of the justices, including the notorious Chief Justice Rose Bird.  Governor Deukmejian elevated Justice Lucas to Chief Justice.  As the leader of the court, he was instrumental in restoring it to one of the finest courts in the nation.After retirement, Chief Justice Lucas was a friend and advisor to CJLF.  He will be missed.

Idaho State Police and Idaho Attorney's General Office Work to Uphold the Idaho Constitution

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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: 09/29/2016 at 4:54 p.m. Please direct questions to the District Office The Idaho State Police (ISP) and the Idaho Attorney General's Office worked with the attorneys representing Visual Arts Collective to resolve the recent case brought against the Idaho State Police, Alcohol Beverage Division. We are committed to working with the Idaho Legislature to correct any deficiencies in Idaho Code, so we can effectively uphold the Idaho Constitution and related codes. KJ / DO / 585 -------------

Albuquerque Journal Supports Death Penalty Reinstatement

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New Mexico's largest newspaper has this editorial supporting Gov. Susana Martinez's drive to reinstate capital punishment in that state.And while it won't bring back [Officer Gregg] Benner, a military veteran who was shot by Romero last Memorial Day during a traffic stop, reinstituting the death penalty for those who kill law enforcement officers would not only force such murderers to face the death sentences they have single-handedly delivered, but common sense and New Mexico history dictate that it would act as a deterrent. Nothing else will for this hardened class of criminal.

Breaking into Appellate Law

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A few days ago, a newly-minted attorney asked me about what it takes to become an appellate attorney. I was initially at a loss for an answer. I never exactly set out to do this for a living. In law school, I was quite sure that I would be a trial lawyer. Only now am I closing out my last trial level cases. How I Ended Up Here I’m a frustrated novelist, which many lawyers are. And I enjoy the solitude of an office and a closed door. I greatly prefer it to calendar calls and all of the other time-wasting rituals of the criminal trial process. Back in law school, I worked for an attorney who had some appellate cases but did not particularly like them. At the time, he was sending the writing off to a former associate who had moved to the North Georgia mountains. I tried my hand at a couple of appeals. And soon, as a 3L, he was no longer sending those appeals out. I was doing them. In my first year, I caught an issue on a murder case that led to a reversal of the conviction.…

Fatal Crash I15 North of DuBois

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 09/29/16 9:15 p.m. Please direct questions to the District Office On September 29, 2016, at approximately 5:20 p.m., Idaho State Police investigated a rollover crash on Interstate 15 at milepost 174, north of DuBois in Clark County, ID. Larry D. DeLong, 71, of Mesquite, NV, was driving southbound on Interstate 15 in a 1992 Chevrolet pickup, pulling a trailer when he failed to maintain his lane, overcorrected and rolled. DeLong succumbed to his injuries on scene. He was not wearing a seat belt. DeLong's passenger, Patricia D. Lindquist, 68, of Libby, MT., was transported by ground ambulance to Eastern Idaho Regional Medical Center in Idaho Falls, ID. Lindquist was wearing…

USA Today: Trump Unfit to Be President

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USA today made its first presidential endorsement in its 34 year history. It declares Donald Trump unfit to be President: We haven't made a voting recommendation in 34 years. For this election, we made an exception ..This year, the choice... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Why You Shouldn’t Talk to Police

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At the Columbus, Ohio criminal defense law firm of Luftman, Heck & Associates we are often asked by our existing and potential clients whether they should talk with police if they have been stopped by police. We always counsel against this. This is not to say that we do not encourage our clients or potential [...]The post Why You Shouldn’t Talk to Police appeared first on Columbus Criminal Attorney.

U.S. RACE & HOMICIDE NUMBERS

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Posted by Edmund R. FolsomSeptember 30, 2016U.S. Race & Homicide Numbers The recent article in U.S. News & World Report, “Race and Homicide in America, by the Numbers,” http://www.usnews.com/news/articles/2016-09-29/race-and-homicide-in-america-by-the-numbers?src=usn_tw  addresses inter-racial and intra-racial homicide statistics recently released by the FBI in its report “2015- Crime in the United States.”  The U.S. News article is full of political spin, but the numbers are in there, and the numbers speak for themselves.  One detail the article leaves out is the actual number of increased murders and non-negligent manslaughters from 2014 to 2015.  Table 12 of the FBI report https://ucr.fbi.gov/crime-in-the-u.s/2015/crime-in-the-u.s.-2015/tables/table-12 shows an 11.8% increase, with the overall number rising from 13,594 to 15,192.   Although the U.S. News article claims that the increase in homicides from 2014…

WEYMOUTH ALLEGED ASSAULT, BATTERY AND KIDNAPPING VICTIM MAY BE PROSECUTED FOR MAKING FALSE ACCUSATIONS

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No one seems to know why this happens sometimes. In some cases, one can make out a motive…I’ve seen that a lot. However, sometimes, we are treated to no reason at all. I am talking about complainants who admittedly lie about their allegations. Generally, however, even when that complainant’s lack of credibility is clear to everyone in the room, the prosecution seems to turn a  blind eye to that unfortunate fact. . I’ve seen this as well.  Sometimes, even when said complainant actually recants. Even with police witnesses, as we have discussed. In this story, about which the radio news says criminal charges against the complainant-turned-liar may come, the admitted false complainant remains protected. Her identity has not been revealed, although most criminal defendants have their names and addresses plastered all over the media. I am referring to the story in the Boston Herald about an 18-year-old young lady (hereinafter,…

Marin County DUI Checkpoint In San Rafael Tonight, September 30, 2016

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The San Rafael Police Department will be holding a Drunk Driving and driver’s license checkpoint tonight from 6 p.m. to 1 a.m. at the intersection of Lincoln Avenue and Grand Avenue.  Marin County police agencies believe that DUI checkpoints have a deterrent effect in reducing the number of propel killed or injured in alcohol or drug involved accidents. Tonights Drunk Diving checkpoint and all checkpoints are conducted at locations chosen based on collision statistics and the frequency of driving under the influence arrests.  San Rafael Police Officers state that such locations afford then the best opportunity for achieving drunk and drugged driving deterrence. Police departments throughout California believe that DUI Checkpoints, along with regularly scheduled high visibility DUI enforcement, are proven strategies with the goal of removing drunk drivers from our highways. In Marin County, the Marin Avoid…

Fisk & Richardson on Police Unions

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Catherine Fisk and L. Song Richardson (University of California, Irvine School of Law and University of California, Irvine School of Law) have posted Police Unions (George Washington Law Review, Vol. 85, Forthcoming) on SSRN. Here is the abstract: Perhaps no...

Fatal Crash US95@239.8 (District Two)

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209-8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT District Two CASE # L16001294 --------------------- PRESS RELEASE ----------------------------- DATE: 9/30/2016 TIME: 5:00 AM LOCATION: US95 milepost 239.8 near the junction of SH13 in Grangeville,ID. ASSISTING AGENCIES: Grangeville PD, Idaho County Sheriff's Department, Idaho Transportation Department. VEHICLE #1 ------------- DRIVER Seid,Mohamed M AGE 28 Years ADDRESS Waite Park,MN INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? Syringa General Hospital / Idaho County Jail VEHICLE YEAR …

Can a judge stack my sentence?

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Our firm regularly helps clients facing multiple charges. Sometimes these cases stem from a single incident, like a person who allegedly drives while intoxicated and evades the police all in the same night. Sometimes a person may get arrested for several unrelated charges. One example of this would be a person whose ex-wife presses charges for an assault. The husband then gets arrested a few months later for possession of  a controlled substance. Although the cases are completely unrelated, he will have to make legal decisions about both cases at the same time. For people who don’t have a long history with the criminal justice system, a prison sentence can usually be avoided (depending on the severity of the accusations), and a person can usually expect to get the “extra” or less-serious charge dropped when facing multiple charges arising from the same incident. But those with a substantial criminal history or facing extremely serious…

Maryland’s New DUI Laws: Noah’s Law & MVA Penalties

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What You Need to Know about Maryland New DUI Law: Noah’s Law Driving after having a few drinks on a night out is never a good idea, and the DUI penalties in Maryland that were once considered to be somewhat lax compared to surrounding states will now be made to be far more severe for those finding themselves in this precarious situation, especially if there was a car accident. By way of background for the new law: On December 3rd, 2015 Montgomery County officer, Noah Leotta, was fatally struck by a drunk driver. Leotta was returning to his car after conducting a stop on another vehicle when Luis Gustavo Reluzco, 47, was driving and hit both the police cruiser and officer Leotta. The result of this young officer’s death lead to the Maryland State Senate’s unanimous passing of ‘Noah’s Law’ in March of 2016 and will go into effect this Saturday October 1st, 2016. The DR-15 (Advice of Rights) which the officer must read to you prior to…

Estate Planning: Why you shouldn’t wait until the last minute.

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Many people believe that estate planning is for the wealthy. This misconception may arise from the fact that the estate tax exemption is higher than what most people have in their estates. However, even though your estate may not be subject to an estate tax, estate planning is still crucial so that you have a peace of mind knowing your assets will end up how you’ve intended. With this in mind, estate planning is extremely important, as you want to make sure you have control as to how your property and assets are disbursed. Without the proper estate planning, your assets will be disbursed according to Missouri Intestate laws. There are many important decisions that have to be made when creating your estate plan. For instance, who you want as beneficiaries, who you want to be the trustee, how do you want to divide your assets? These are all important questions that one must think about when making decisions of how to disburse your asset, and the respective tax issues that…

Getting a theft case dismissed for restitution

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DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE, AND DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY OUR LAW FIRM. Va. R. Prof. Cond. 7.1(b).Early on with new criminal defense clients, I give them a written action plan, with the goal of improving our chances with case negotiations and with any possible sentencing. When my clients ask me the benefit of following this roadmap, I can tell them about my many other clients who have benefited tremendously from doing my advised homework assignments, many of which are detailed here. Recently, a misunderstanding led my client to be charged with felony theft. A felony or misdemeanor theft conviction is a scarlet letter on one’s record, for reputational purposes, employment opportunities, obtaining security clearances, obtaining immigration benefits, and even for becoming a notary public. Consequently, following my proposed action plan is not an admission of guilt…
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