Anyone eager to predict the exact results of Nebraska Referendum 426, the state's "Death Penalty Repeal Veto Referendum"?
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What The Prosecution Said
Statements so hurtful that went beyond factual allegations.Statements about me as a person that wounded badly.Statements that utterly shocked the judge.I begged to be able to call my Chief, to keep him on speakerphone throughout the rest of the trial, because I could not believe what I was hearing, and he needed to hear it himself.To finally believe it, what I had been telling him for months.I wanted to call my Deputy Chief.Someone from The Public Defender Commission.Someone from the New Mexico Criminal Defense Lawyer's Association.The Hobbs News-Sun. Someone who could see the prosecution acting the way I had told everybody they act. They spend more time concentrating on Kirk Chavez, than they do preparing for murder cases.However, the judge said I didn't need to call anybody. He was mad. He said something else, but I will not repeat it here, because it would embarrass the prosecution very, very badly.But after he made that comment, he did raise his voice…
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NYTimes: Sunday Magazine: Feature: Should We See Everything a Cop Sees?
NYTimes: Sunday Magazine: Feature: Should We See Everything a Cop Sees? by Mackenzie Funk: Body cameras have been promoted as a solution to police misconduct. But the strange two-year saga of Seattle shows just how complicated total transparency can be.
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NPR: Police Facial Recognition Databases Log About Half Of Americans
NPR: Police Facial Recognition Databases Log About Half Of Americans: A new report from Georgetown Law’s Center on Privacy and Technology says all it takes is a driver’s license to be included in the searchable databases. Rachel Martin talks to … Continue reading →
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"Election May Be a Turning Point for Legal Marijuana"
While The New York Times's editorial board maintains its current silence on marijuana policy reform, its reporters continue give its readers necessary information and perspectives on the marijuana reform movement from across the country. In today's Times, Thomas Fuller reports on the legalization debate in California. The article begins: To...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/OnrZwkXRzxE" height="1" width="1" alt=""/>
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Under Investigation for a Crime? Here’s What to Do.
Be Proactive and Get Legal Help While Under Investigation In certain situations, you may need to speak with an experienced Los Angeles criminal defense lawyer before you are even charged with a crime. This is necessary when a crime is committed and police suspect that you or a loved one were involved, but the evidence to actually move forward with an arrest is specious. Probable Cause Needed Probable cause is essential for a police officer to make an arrest or obtain an arrest warrant from a judge. A showing of probable cause is vital to ensure that police cannot randomly arrest citizens with no adequate basis for showing they violated the law. This is why police conduct investigations, but may not arrest a suspect – they are missing a key element needed to move forward. You may be asking yourself, “How much information is needed to present to a judge in order to obtain an arrest warrant or to justify an arrest without a warrant?” The answer is:…
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Drinking, Driving and Cruise Control
A recent study out of Ohio State University suggests that when people head to the bar, their drinking habits mimic the cruise control system in a vehicle. In an effort to better understand people’s drinking habits and the choices they make as they consume alcohol, researchers conducted a small study. They gathered 1,500 students who were planning on going out to a party or a bar and asked them how intoxicated they planned to get. Students told researchers how drunk they planned to get and then tested their blood alcohol content several times throughout the duration of their night. Cruise Control BAC When researchers examined the data, they found that individuals did a good job of reaching their level of intoxication and then adjusting their drinking habits to maintain that level of intoxication. The data found: Students who wanted to feel “buzzed” adjusted their alcohol consumption to maintain a BAC around 0.05. Students who wanted to get “very…
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2016.041: Administrative
If you get this twice via email, it means it’s working. Due to popular demand (my Dad wasn’t getting emails) I’m moving away from the “subscribe2” WordPress plugin that didn’t work reliably, and to MailChimp, which should work better. If you were subscribed before, I’ve moved your email address over to my MailChimp list. If you weren’t, there’s a new subscription box in the right column. Once I get this foundering ship aright, I’ll be inclined to write more.
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FIDLEG/FINIG – wesentliche Änderungen durch WAK-S
Die Kommission für Wirtschaft und Abgaben des Ständerats (WAK-S) hat am 14. Oktober 2016 die Detailberatung des Finanzdienstleistungsgesetzes (FIDLEG) sowie des Finanzinstitutsgesetzes (FINIG) abgeschlossen und dabei einige wesentliche Änderungen am Entwurf des Bundesrates vorgenommen. Gemäss Medienmitteilung fällte die Kommission die folgenden Grundsatzentscheide: (i) Die Versicherer werden vom Geltungsbereich des FIDLEG ausgenommen. Sofern eine Regulierung im Sinne des FIDLEG auch für die Versicherungsbranche erforderlich ist, soll diese in das Versicherungsaufsichtsgesetz (VAG) aufgenommen werden. (ii) Die Aufsicht über die von der FINMA bewilligten unabhängigen Vermögensverwalter (uVV) wird durch eine (oder mehrere) von der FINMA bewilligte und beaufsichtigte Aufsichtsorganisation(en) ausgesprochen. Sämtliche hoheitlichen Funktionen einschliesslich der Sanktionskompetenz sind bei der FINMA konzentriert. Dieses Modell…
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The State Can Comment on a Defendant Remaining Silent in Some Instances
The Constitution provides that no person can be compelled to make any incriminating statements against him/herself. This means that when the police believe a person was involved in a crime and want to ask him/her questions about it, that person has a right to refuse to talk to the police. Usually, that is the smart thing to do. If that person is later arrested and charged with a crime, the state cannot use the fact that the person decided to remain silent against him/her in court. This Fifth Amendment right to remain silent also means that a defendant does not have any obligation to testify at a criminal trial. The defendant can always remain silent at the trial, and the state cannot make any negative comment about the defendant failing to provide his/her side of the story in court. The Fifth Amendment does not protect a defendant in all situations when it comes to a person’s silence or comments about a potential crime. For instances, the…
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Accused Persons’ Rights to be Free from Double Jeopardy in Florida Criminal Cases
When you (or a friend or relative) are facing a criminal trial, there are lots of ways in which the prosecution can make mistakes. The state can bring a case that is too old (in other words, outside the statute of limitations), that is based upon illegally obtained evidence (proof that is barred under the Fourth Amendment), or that violates your constitutional protection against double jeopardy. Two cases, one from here in the Tampa Bay area (recently decided by the Second District Court of Appeal) and one from across the state (decided earlier this year by the Fifth District Court of Appeal), present two different scenarios in which the state can stack charges in a way that violates double jeopardy. A Single Criminal Episode and Double Jeopardy The nearby case, which originated in Pasco County, involved a man, a travel trailer, and a firearm. Cecil Lambert stood accused of two counts of second-degree murder and one count of carrying a concealed weapon. All of these…
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Appeals from a Criminal Conviction: Some Thoughts about the Process and Writing a Brief
People who are trying to get their criminal conviction reversed or overturned often contact us at our criminal defense firm here in Atlanta. Sometimes, they are trying to help a friend or loved one. Often, the people who contact us are a little confused about the appellate process and how we prepare the written Brief for the appellate courts. I am currently working on appeals in both the Georgia Court of Appeals and the United States Court of Appeals for the Eleventh Circuit. Working on these two matters made me realize that I often spend a lot of time explaining the process or procedures to the folks calling our firm, and this realization made me wish that their original lawyers took the time to explain it all to the family or friends of the person who got convicted of a crime. To begin with, many people think that when they appeal their case they get to argue all over again as to whether they are guilty of a particular crime. For the most part,…
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OUR KIND OF JUDGE
Judge McBain, of Michigan, ripped off his robes and tackled an unruly defendant, yelling "tase his ass". Now here is what we like about Judge McBain. You get what you see. No phony impartiality. No smiling as he calculates the highest possible sentence and then tells your client what a great job his lawyer did. Nope. We prefer a Judge who wears his true stripes on his or her robes. Judge McBain. Crime Fighter. Tackler of litigants. Well done sir, well done indeed! (we are certain there is a space on the bench for you in Broweird). See You In Court where we've seen corrections beat the bejesus out of a defendant; we've seen at least two criminal defense attorneys slug their clients, but we've never seen a judge do it. Site Feed
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News Scan
CA Father Sentenced to Thousands of Years for Raping Daughter: A Fresno man was sentenced on Friday to 1,503 years in prison for the years-long rape of his daughter, marking the longest-known prison sentence in Fresno Superior Court history. Pablo Lopez of the Fresno Bee reports that Rene Lopez, 41, raped his teenage daughter, now 23, two to three times a week over a four-year period, from May 2009 to May 2013. He was arrested in November 2013 after his daughter reported the abuse to police, and found guilty last month of 186 felony counts of sexual assault, including dozens of counts of rape of a minor, and is required to register as a sex offender. Lopez turned down two plea deals prior to his trial, the first that would have resulted in a 13-year prison sentence and the second a 22-year sentence. Both plea deals required him to admit guilt, but he refused. He contests that his daughter lied, but prosecutors say that the evidence against…
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Brain Injuries Caused by Motorcycle Accidents
As a motorcyclist, you have much less protection available to you than people who ride inside of cars. Unlike cars, motorcycles simply do not have the protection of a frame surrounding you while you are riding. This means that you are much likelier to be seriously hurt if you are in an accident. Little stands between you, other cars and the road. Because of the increased risk you face of being injured in a motorcycle accident, it is smart for you to take specific steps in order to avoid injury. In some of these accidents, there is the potential for brain injuries. If your motorcycle is struck, you may then hit your head on the pavement. Whether you are a passenger or a driver, you can benefit by taking steps to increase your safety.If The number of motorcyclists in Arizona is small in comparison to the number of other motorists. Still, a large number of motorcycle deaths and injuries from accidents happen each year. The Arizona Department of Transportation reports that 127…
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California and Nevada Ortho Clinics to Pay $2.39 Million to Settle Civil Allegations of Improperly Billing Federal Health Care Programs for Reimported Osteoarthritis Injection Medications (Viscosupplements)
Medical offices often purchase medical devices or medications that are sold all over the world. The same product essentially will be far cheaper in Canada, France, Israel, Mexico or other countries. However, if it is not sold and approved by a U.S. company -- and covered by that company's product liability insurance and registered with the Food and Drug Administration (FDA) -- then it is NOT an approved medical device or medication.There are many pharmacies and supply companies which sell imported devices or medications from foreign countries and the physicians or office managers do not realize that even though it is labeled the same - that an imported medication or device cannot be billed to a government program or private insurance. For example, some years ago, we handled a number of cases here in California and Nevada where OB-GYNs bought IUDs (Copper T-380s) that were made outside the United States and were not licensed by Paraguard. There were audits…
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Florida Police Officer Facing Second DUI Charge
A Florida police officer is facing a second DUI charge after he was apparently found asleep inside his car. St. Petersburg police said the 36-year-old was booked into jail early Tuesday and was being held on a $500 bond. In December 2009, authorities claim the man drove over a concrete median and struck a sedan. The man apparently kept driving and hit another vehicle. No one was harmed in either crash. Records indicate the man’s blood alcohol level was more than twice the legal limit to drive in Florida. He was convicted on charges of DUI and leaving a crash scene. Prosecutors view DUI charges quite seriously in the state of Florida. This means that it is equally important for you to take these charges seriously and speak with a Florida DUI Defense Lawyer at Whittel & Melton. In Florida, the consequences attached to a second DUI conviction depend on whether the conviction is within 5 years or outside of 5 years of the previous conviction. If the DUI arrest occurs…
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Injury Fleet Crash - North 40 parking lot Lewiston
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: Two CASE # L16001372 --------------------- PRESS RELEASE ----------------------------- DATE: 10/21/2016 TIME: 9:00 PM LOCATION: North 40/ 2981 Thain Grade ASSISTING AGENCIES: Lewiston PD VEHICLE #1 ------------- DRIVER: Janette Eng-Kennedy AGE: 47 ADDRESS: Lewiston, ID INJURIES: No HOSPITAL/LOCATION TAKEN: N/A VEHICLE: 2007 Honda Accord WRECKER: Forest Towing SEAT-BELTS WORN:Yes ------------- VEHICLE #2 ------------- DRIVER: Nicholas Krakalia AGE: 67 ADDRESS:…
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DUI Driver Plunges Over Bridge, Kills Four
In most cases, only a few passing motorists, pedestrians or nearby residents catch a glimpse of the grisly details when a driver who is DUI in Los Angeles causes a fatal crash. But when Richard Anthony Sepolio’s truck plunged over the guardrails on the Interstate 5 bridge between San Diego and Coronado Island, dozens of people may have witnessed the horrific results. Around 3:30 p.m. on Saturday, October 15th, Sepolio’s GMC pickup went off the bridge and landed below in Chicano Park, where a crowd was gathered for the La Raza Run motorcycle festival. The truck crushed a vendor booth, killing two couples: Cruz Elias Contreras, 52, and Annamarie Contreras, 50, of Chandler, Arizona, and Andre Christopher Banks, 49, and Francine Denise Jimenez, 46, both from Hacienda Heights near Los Angeles. Nine other people, including Sepolio, suffered injuries. According to Fox 5, Sepolio, an active duty Navy petty officer, had been out with a friend for a meal that included wine…
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Minnesota Supreme Court: Get A Warrant for DUI Urine Test
The U.S. Supreme Court ruling last June requiring warrants for blood tests for drivers suspected of DUI has continued to have repercussions throughout the United States. Now the Minnesota Supreme Court has decided that police cannot compel a driver to provide a urine sample for a DUI test unless they have a warrant. This ruling could set a precedent that dramatically changes the way that police in California handle cases of DUI in Los Angeles and other jurisdictions. The Minnesota Supreme Court handed down a unanimous ruling in two cases: State v. Thompson and State V. Trahan. (Two justices did abstain, however.) In the Thompson case, the judges rejected arguments that a urine test is just part of a Constitutionally-valid search that police can conduct when they arrest someone. In the Trahan case, the court weighed privacy issues, examining an individual’s right to privacy versus the state’s interest in protecting its citizens against drivers who are operating…
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More Pages to Explore .....
