Am 28. September 2016 reichte die FDP-Liberale Fraktion folgende Motion im Nationalrat ein:"Der Bundesrat wird beauftragt, im Hinblick auf das revidierte Bundesgesetz über den Datenschutz (DSG) und das Inkrafttreten der EU-Datenschutzgrundverordnung mit der EU eine Vereinbarung zur Koordinierung der Anwendung des jeweils geltenden Datenschutzrechts durch die zuständigen Datenschutzbehörden anzustreben und entsprechende Sondierungsgespräche zu führen, mit dem Ziel, die Probleme aus der fehlenden territorialen Abgrenzung der aufsichtsrechtlichen Zuständigkeit bei einer parallelen Geltung der DSGVO und des DSG für die Wirtschaft und die Aufsichtsbehörden der Schweiz und EU zu lösen".Die vollständige Begründung der Motion (16.3752) ist online abrufbar. Sie wurde im Parlament noch nicht behandelt.NB die Eröffnung der Vernehmlassung für die Totalrevision des DSG ist für Dezember 2016 vorgesehen.Michal…
Motion (16.3752) "Gegen Doppelspurigkeiten im Datenschutz" zur Koordinierung DSG - EU DSGVO eingereicht
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Bundesrat: aktualisierte Verordnung über die Datenschutzzertifizierungen (VDSZ) tritt am 1.11.2016 in Kraft
Am 30. September 2016 hat der Bundesrat die Verordnung über die Datenschutzzertifizierungen (VDSZ; SR 235.13) aktualisiert; die Änderungen betreffen Art. 4 Abs. 3 VDSZ und werden per 1. November 2016 in Kraft gesetzt. Die VDSZ verweist "neu nicht mehr auf eine bestimmte Ausgabe der regelmässig ändernden ISO-Normen, sondern allgemein auf die für die Schweiz geltenden, international massgebenden Anforderungen".Michal Cichocki http://www.lawblogswitzerland.ch
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DC: Gant search incident may precede arrest
Search incident under Gant may precede the arrest, but the product of the search cannot justify it. There must be preexisting cause. “[T]he legality of a Gant evidence search does not depend on whether the officers intended to arrest the … Continue reading →
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Paula Jones fosters recent release of Trump’s video deposition
Donald Trump is a verbal loose cannon who clearly spent insufficient time preparing for the first presidential debate against Hillary Clinton, in which he heavily bombed. Moreover, by Trump’s own admission (near the beginning of his deposition), he spent only moments preparing for his videotaped June 16, 2016, deposition concerning his lawsuit over Geoffrey Zakarian’s cancellation of his restaurant’s Trump-D.C. hotel lease, after Trump’s 2015 public trashing of Mexican immigrants. (Trump has also sued over very popular chef Jose Andres’s restaurant lease cancellation over Trump’s 2015 screed about Mexicans.) Had Trump bothered to check with the right lawyer (whether that lawyer is or is not his current lawyer in the Zakarian suit), he would have been warned about the real possibility that all documents and depositions in the case will be released to the public. In fact, on August 4, 2016, the District of Columbia Superior Court issued an…
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Maryland Cities Look To Ban Toy Guns
Maryland has some of the toughest firearm laws in the country, with harsh penalties for illegal possession and all out bans on many popular gun models. But the focus is not confined to working and operable firearms any longer, as legislation to ban toy and replica guns in now in the works in at least two jurisdictions within the state. The proposed bans did not come out of the blue, but rather were prompted by an incident in Baltimore City where a 13-year old boy brandishing a replica pistol was shot by a police officer that feared the replica was the real thing. Luckily the boy survived, but the two bullet wounds he sustained could have easily ended his life prematurely. While this potential disaster generated a good deal of press, there are likely hundreds of incidents each year where cops are placed in the dangerous position of encountering citizens with replica guns. Rather than hope their officers make the right split decision, Baltimore City and Salisbury want to take…
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Monmouth and Ocean County Criminal Appeals Attorney
Appeals in criminal casescan be quite complicated and usually involve a tremendous amount of legal work.The best time to consult anappellate attorneyis immediately after a verdict of guilt or guilty plea and prior to the imposition of sentence. At this stage , counsel can review the prior proceedings and consider the filing a motion to set aside the verdict or to withdraw a guilty plea.Our Experienced Team ofCriminal Defense AttorneysandAppellate lawyersat IMG Legal Group can fight for you!We are equipped to take cases to trial and appellate court and fight hard second time for a proper,error-free trial and potentially for the resolution you desire.Hire Expert defense for appeals in criminal cases.Ian Goldman is an experienced criminal attorney at www.IMGLegalGroup.com afree consultation lawyer in NJ. Put your trust in Monmouth County NJ Lawyer Ian Goldman. Ian Goldman has offices in Jackson, NJ and Red Bank NJ. For more information about Mr. Goldman visit IMG Legal…
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WaPo: The Watch: ‘Do Not Resist': A chilling look at the normalization of warrior cops
WaPo: The Watch: ‘Do Not Resist': A chilling look at the normalization of warrior cops by Radley Balko: The haunting thing about the new policing documentary “Do Not Resist” is what it doesn’t show. There are no images of cops … Continue reading →
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Not Today
Having started more than a half dozen posts today, each of which struck me as obvious and pointless, I decided not to write anything today. I’m disgusted with the level of discourse and refuse to spend the time and energy required to discuss what ought to be obvious to any reasonably intelligent person. You want to talk about it? By my guest. Today, I have nothing to say. Copyright © 2007-2016 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. The use of this feed anywhere else violates copyright. If this content is not in your news reader, it means the page you are viewing infringes copyright. (Digital Fingerprint: 51981395c77d7762065ca2c084b63e47)
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NFL WEEK 4 2016
This is bounce back week, or the week decent teams revert to the mean and win when they lost last week.Survivor pool-wise, the in-artfully named team in Landover, MD, is the pick of most of the players.Tampa Bay is the home dog, getting three against the Broncos. The Bucs bounce back for the win.Carolina Panthers bounce back giving 3 on the road in Hot-lanta against the struggling Falcons. And because we are riding this train until early January, the Oakland Raiders, +3.5 on the road against the perplexing Ravens. Saints at Chargers, under 53.Waiting on a few late comers for the SP. Mssrs. Immache, Kaeiser, and the Hon. R. Faber, were on top of their game and picked the Bengals over the hapless Fins for Thursday night. They are already assured of playing into October.Site Feed
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Pakistan’s top court upholds death penalty for mentally-ill man
Source: Gulf News (2 October 2016)http://gulfnews.com/news/asia/pakistan/pakistan-s-top-court-upholds-death-penalty-for-mentally-ill-man-1.1902861Islamabad: Pakistan’s Supreme Court on Tuesday dismissed an appeal brought by lawyers for a mentally ill prisoner facing execution, and a rights group said he could now be hanged next week.Imdad Ali, who is aged around 50, was sentenced to death for the murder of a religious cleric in 2002.He had been scheduled to hang on September 20 in a prison in the city of Vehari despite having been diagnosed with schizophrenia.Ali received a last-minute stay of execution from the Supreme Court last week. But with that stay now expired, he could receive a new “black warrant” and face execution as early as next Tuesday.The Justice Project Pakistan (JPP), which is providing Ali with counsel, has sent a mercy petition to President Mamnoon Hussain along with testimony from medical experts.“It is indisputable that Imdad suffers…
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4 questions you MUST ask your DUI accident attorney
(Image Credit: pexels.com) When you’ve been involved in a car accident with a drunk driver, these types of cases can be more complex compared to a standard car accident claim. The other driver has committed a criminal offense by driving when he/she is over the limit. As the police will also be involved in your case, it’s important to have an experienced lawyer on your side who will be able to assist you and get the compensation amount you deserve. Once you find the best lawyer for your case, there are some crucial questions you must ask to guarantee your lawyer is suitable for this type of case and so you have all the information you need. Continue reading
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Massachusetts criminal defense lawyer had prior opportunity for cross examination at dangerousness hearing SJC rules in recent decision involving domestic assault and battery
The Massachusetts Supreme Judicial Court ruled that a dangerousness hearing provides a prior opportunity for cross examination under the Sixth Amendment in the case of Commonwealth v. Carlos Rodriguez, decided on September 22, 2016. The Court upheld a conviction for domestic assault and battery without the testimony of the victim, despite its holding that the victim statements to the police were testimonial because the defense lawyer had an opportunity to cross examine the victim at a dangerousness hearing. In this case, the defendant went to trial in the Springfield District Court for assault and battery As is common in domestic cases, the victim declined to testify. Often, when someone is charged with domestic assault and battery, the person charge will assume that the case will be dropped if the victim does not wish to testify. In fact, the Commonwealth can still prosecute the case as this recent case illustrates. Continue reading The post Massachusetts criminal…
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Reducing Valuation Error
Nancy A. McLaughlin, Conservation Easements and the Valuation Conundrum, 19 Fla. Tax Rev. 225 (forthcoming 2016), available at SSRN. Kent D. Schenkel In this practical and timely article, Nancy McLaughlin undertakes a comprehensive analysis of the case law addressing valuation disputes of conservation and façade easements (conservation easements that are designed to maintain the historic character of a building’s façade). She reveals a number of ways in which taxpayers overvalue their easements, and uses what she finds to propose common-sense reforms. Valuing property for purposes of determining a tax base is usually subjective and often contentious, so valuation-based taxes like the federal transfer taxes are vulnerable to valuation abuse. But property valuation also forms the basis for certain income tax deductions. Section 170(h) of the Internal Revenue Code, enacted in 1980, permits a deduction against the income tax for taxpayers who permanently…
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Focus on Fraud (Marquette Justice for Fraud Victims Program)
I was delighted to be a part of the cover story for the fall issue of the Wisconsin Institute of CPAs (WICPA) magazine CPA2b. The article, Focus on Fraud, profiled the Justice for Fraud Victims Program at Marquette University. The program is part of the accounting program, and gives students the opportunity to investigate a real live fraud case. They get hands on experience, and victims of financial fraud receive pro bono fraud investigation assistance. I am the mentor for the students, guiding them through the investigation (but making it a little tough on them by making them figure things out on their own). Upon completion, we submit the investigation results to the Milwaukee Police Department and District Attorney for possible criminal charges. Earlier this year, we were recognized by Marquette University President Michael Lovell for our community service via this program. Click on the images below to view them full size and read the text.
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VI: Despite MJ decrim, smell of MJ in a car is still a factor in RS
VI decriminalization doesn’t mean the smell of marijuana can’t still be reasonable suspicion of possession of a larger amount or potentially driving under the influence. People v. Cannergeiter, 2016 V.I. LEXIS 148 (Sept. 28, 2016): This Court agrees with the … Continue reading →
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OH10: Request for consent at end of traffic stop requires RS
The traffic stop was valid, but the request for consent at the end of the stop required reasonable suspicion. “Thus, because Officer Hughes sought appellant’s consent to conduct a search following the completion of the stop and absent any reasonable … Continue reading →
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*Update* Single Vehicle Crash Sends Four to Hospital
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 10/3/2016 at 5:13 a.m. Please direct questions to the District Office ***Update*** A juvenile passenger succumbed to their injuries. AC/SC ***End of Update*** On October 2, 2016, at approximately 12:00 noon, Idaho State Police investigated a single vehicle crash in Twin Falls County, between Filer and Buhl. Charles M. Cantrell, 32, of Buhl was driving a 2016 Ford F150 pickup westbound on 4100 N near 2150 E. Cantrell drove left of the center painted dividing line and struck a bridge abutment. Passengers in the vehicle were Mackensie A. Cantrell, 34, also of Buhl, and two minor children. Mackensie and the minors were wearing age-appropriate safety restraints. …
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CA2: Even if individual violations of probation conditions weren’t RS, on totality they were
Even if any one of the violations of conditions of release wasn’t reasonable suspicion, collectively they were. A cell phone picture showed him with a handgun in hand saying “I need bullets,” and he was convicted of being a felon … Continue reading →
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FISCR: There is a foreign intelligence exception to the warrant requirement going back to the 1970’s
There is a foreign intelligence exception to the warrant requirement going back to the 1970’s. Moreover, the trap and trace here only gathers numbers not content, and that’s reasonable under the Fourth Amendment. In re Certified Question of Law, 2016 … Continue reading →
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Todd Stephens and Stacy Cliett of Palm Beach, Florida, Arrested for Grand Theft
Todd Stephens and Stacy Cliett of Palm Beach, Florida were arrested last week for allegedly stealing art worth over $10 million from a home in Lantana. Stephens, 52, and Cleitt, 43, face charges for grand theft over $100,000. Court records show that they were both released from Palm Beach County jail on September 24 after they each posted a $15,000 bail. News sources did not name attorneys for the pair. According to the police report, Cliett and Stephens allegedly stole “millions of dollars” worth of art from an unnamed Lantana homeowner who was romantically involved with Cliett. The victim of the alleged theft reported the incident to police on September 20. On September 22, the victim’s lawyers met with Cliett and Stephens, who reportedly told police that they removed the art pieces from the house because of a “mold issue,” but they refused to say where they hid them. A few days later, a private investigator hired by the victim informed police…
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