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The persuasive power of transcending reactivity by quantum levels

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Our days are filled with opportunities to react negatively or less than positively, when cars cut us off, restaurant servers disappear after delivering the wrong pricey order, people spout bigotry. some police officers act suitably for a fascist regime, some prosecutors take delight in their power trip rather than in justice, and some judges urinate on the Constitution. Take your pick. This theme of transcending reactivity returns periodically to my blog as I remind myself what I learn for achiving further on this path while limiting my backsteps. On this path, I include lessons from Ben Lo with taijjiquan, the fictitious Kwai Chang Caine with kung fu, Dr. Ihaleakala Hew len with ho’oponopono, and Zoketsu Norman Fischer and others on non-duality/non-attachment. Competitors, opponents and others want to see designated people fail. That is their trip, not mine. My path is to succeed for my criminal defense clients and for myself. As I move forward,…

Minnesota Conducting Extra DUI Patrols Over Thanksgiving Weekend

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More than 300 law enforcement agencies will be conducting extra DUI patrols throughout Minnesota as part of a statewide crackdown on dangerous driving behaviors over the extended Thanksgiving weekend. It seems like we regurgitate this blog in a different form every year, but the fact of the matter is the four-day Thanksgiving holiday is one of the most dangerous stretches on the road for a number of reasons. It all begins on Wednesday, which has lovingly been coined “Blackout Wednesday” or “Drinksgiving” in some circles. Many college students and young adults are back in their hometowns for the holiday break, and oftentimes they go out and catch up with friends over a pitcher of beer the day before the official holiday. Wednesday night is one of the most dangerous days on the road, and the DUI arrest numbers back it up. Then the actual holiday rolls around, and millions of people load up their cars and commute to a family Thanksgiving. Between the extra…

Carback on The Hobbs Act

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Joshua T. Carback (University of Maryland, Francis King Carey School of Law, Students) has posted Ocasio v. United States: Why the Hobbs Act Punishes Co-Conspirator Extortion (Maryland Law Review, Vol. 75, No. Endnotes, 2016) on SSRN. Here is the abstract:...

NYLJ: NYPD Finally Set to Begin Use of Body Cameras, Monitor Says

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NYLJ: NYPD Finally Set to Begin Use of Body Cameras, Monitor Says by Mark Hamblett: The New York City Police Department will finally begin using body-worn cameras for some of its officers beginning in the new year, according to the … Continue reading →

A Prosecutor’s Duty to Disclose | The Rules Governing Misconduct

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The Duty to Disclose Prosecutorial misconduct made the news again recently. Earlier this month, District Judge James Shoemake upheld complaints of prosecutorial misconduct against a Harris County prosecutor Beth Shipley Exley. In doing so, Judge Shoemake recommended that the Court of Criminal Appeals grant a new trial for Edward George McGregor, a convicted murderer serving a life sentence. Judge Shoemake made this recommendation after finding that the prosecutor failed to disclose that she had struck deals with three jailhouse snitches. What’s more, one of the informants lied to the jury during McGregor’s capital murder trial and the prosecutor failed to correct the false testimony. It is not uncommon or unethical for prosecutors to make deals with so-called “jailhouse snitches” in exchange for their testimony. It happens every day in jails and courtrooms across the country. What is unethical is for prosecutors not to notify the defense about their…

Lott & Moody on White Officers and Black Suspects

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John R. Lott Jr. and Carlisle E. Moody (Crime Prevention Research Center and College of William and Mary - Department of Economics) have posted Do White Police Officers Unfairly Target Black Suspects? on SSRN. Here is the abstract: Using a...

DWI Q&A: How to Get a Limited License in Minnesota After DWI

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Without a doubt, being charged with DWI in Minnesota has the potential to have a profound impact on your daily routine. By knowing the ins and outs of the system, however, you can proceed with as little impact as possible. One of the most problematic consequences of facing a DWI-related arrest is that your driver’s license is suspended. Usually, first time offenders with an alcohol-concentration level of under 0.16 receive a penalty of no regular driving privileges for a 90-day period. But what if you need a way to get to work, or require transportation for other means? It is possible to get your driving privileges back after just 15 days following your arrest by receiving what’s called a “limited license.” To receive one, you’ll generally need to have one of the following reasons: You need to drive to treatment/counseling You need to drive for education, medical, or nutritional purposes You need to get to and from your job In order to apply,…

Amnesty for Hillary

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In 1868, the treason trial of Jefferson Davis was pending.  He certainly did levy war against the United States, which is the constitutional definition.  See Article III, § 3.  Nonetheless, the President decided to issue a blanket amnesty to help heal the nation's wounds, and that was the end of the case.  See Case of Davis, 7 F. Cas. 63, 102.Our country today is not as bitterly divided as it was then, but healing is still in order.  As former Attorney General Mukasey explained in the Wall Street Journal in July, the evidence against Hillary Clinton clearly fulfills the requirements of the two criminal statutes involved, and FBI Director Comey's statement that no reasonable prosecutor would pursue the charges was just wrong.  Mr. Mukasey, after all, is a reasonable prosecutor.Even so, there are times when other considerations come into play so that a prosecution should not be pursued even though fully justified on the facts and the…

Manikis on Victim Impact Statements

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Marie Manikis (McGill Faculty of Law) has posted Victim Impact Statements at Sentencing: Towards a Clearer Understanding of Their Aims ((2015) 65:2 University of Toronto Law Journal 85-123) on SSRN. Here is the abstract: The aims of victim impact statements...

Father Winter Warning

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As the seasons begin to change again, we experience a decrease in temperature and an increase in safety hazards. Although winter can be a great time to experience the holidays and snowy weather, it can be a playground of accidents.This winter be sure to keep your guard up when facing the risks associated with winter weather. Take into consideration these preparation tips to avoid any chance of injury:Cold Morning StartAs you being your typical morning routine, prepping your car might not be the first thing on your mind. Although many of us are going for that first cup of coffee, it might be a wise time to check out the weather conditions for your daily commute to work.If you’re in a climate that is prone to frost, ice, or snow; take steps the night before by laying down salt in your driveway. This can help keep you from a slick situation before your day gets started. Another way to combat the freezing temperature is to start your car ahead of time. If your car is in the…

Car Accident? Don’t Forget to Repair Your Body.

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Auto and truck accidents are devastating. Even for attorneys.  Recently, a friend driving on Interstate 45 going through Conroe in Montgomery County was broadsided by a speeder that just happened to be high out of his mind on drugs.  The friend happened to be a lawyer.  We’ve all seen near misses and accidents waiting to happen.  A teen blew by me on the highway just yesterday.  But what happens when your number is up?  Boom, you’re hit.  What do you do?  First, high-speed collisions cause hidden vehicular damage that’s hard to visually ascertain.  Even a seasoned insurance adjustor doesn’t catch all the damage.  Let’s face the facts, insurance companies are the business to make money.  Repeat inspections and visits to the mechanic cost money.  Companies in the collision business want to get auto and truck claims paid quickly and cheaply.  The lawyer above continued to have parts fall…

News Scan

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Driver in TN School Bus Crash Charged:  The driver of a school bus that crashed in Chattanooga, Tenn., on Monday, killing five young children, has been arrested and charged.  Michael Edison Hayden, J.J. Gallagher, Tom Liddy and Jeffrey Cook of ABC News report that Johnthony Walker, 24, was driving the bus carrying 37 children Monday afternoon "well above the posted speed limit of 30 mph" when he lost control and crashed into a tree.  Among the five children who died, three were in fourth grade, one was in first grade and the other was a kindergartner.  Six other children remain in intensive care.  Walker faces charges of vehicular homicide, reckless endangerment and reckless driving.Gunman who Killed San Antonio Cop Arrested:  The suspected gunman who killed a San Antonio, Tex., police detective in cold blood on Sunday has been taken into custody.  Julia Jacobo and Michael Edison Hayden of ABC News report that Otis Tyrone McKane, 31,…

"Trump will not pursue charges against Clinton, aide says"

Why I Decide to Say “I Welcome” to Refugees

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By Kit O’Connor, AIUSA Legislative Coordinator for Vermont “I Welcome.” Think about that phrase for a second. It’s really the perfect thing to ponder this holiday season. How do we welcome? Who? Why? And who isn’t welcomed? Why? “I Welcome” refers to the global campaign from Amnesty International that focuses on the rights of refugees and asylum seekers. Now, more than ever, this campaign is crucial in the United States. Stories about an increase in hate crime, the possible reintroduction of torture or the creation of a Muslim registry have my head spinning. One solution? Well-conceived, intentional action. Right now, while there are many people and organizations motivating and calling people to action, there are many Amnesty International USA (AIUSA) members taking action with our Legislative Coordinators (LCs) in individual states. I’m an LC in Vermont and, like my colleagues, I’m busy saying “I…

San Antonio Federal Magistrate Puts Foot in Mouth

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All judges, especially those at the federal level, must be careful about what they say either in public or during official judicial forums. U.S. District Court Magistrate Judge John Primono forgot this rule of professional conduct on November 18, 2016 at an induction ceremony for several dozen of the nation’s newest citizens.   The ceremony was held at the Institute of Texan Cultures in San Antonio. Rather than stick to the standard celebratory language fitting for all the hugs and congratulations being spread around, Magistrate Judge Primono recklessly, and quite unprofessionally, decided to make the event political—something so remarkably ill-timed during this period of social and cultural divisiveness that it boggles all rational thought.   Lecture at Naturalization Goes Astray   Primono decided the lecture the émigrés about their civic responsibilities to newly President-elect Donald Trump. He embarked upon political criticism of the…

Imprisoned for Photography: Shawkan, 2016 Write for Rights Case

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Photojournalist Mahmoud Abou Zeid, known as Shawkan, was arrested on Wednesday 14 August 2013 as he was taking pictures of the violent dispersal of the Rabaa al-Adaweya sit-in in August 2013. He is one of dozens of Egyptian journalists arrested since former President Mohamed Morsi was ousted on 3 July 2013. By Geoffrey Mock, Middle East Country Specialist The future of Egypt is now behind bars. A generation of young Egyptians – activists, artists, journalists, lawyers and others – who embodied the promise of Tahrir Square and who offer a creative vision of a new Egyptian society – has been shut down and silenced because of their beliefs. Mass protests have given away to mass arrests. One of the more than 16,000 people caught up in these arrests is Mahmoud Abu Zeid, a young Egyptian photojournalist who goes by the name Shawkan. In August 2013, he was taking photos of a peaceful sit-in when security forces moved in violently. In contemporary Egypt, that act…

MLK

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"The hottest place in Hell is reserved for those who remain neutral in times of great moral conflict."I am with all my brothers and sisters who will not be with their families this Thanksgiving because they are wrongfully locked up.A majority of those faces: black or brown.A majority of those are being housed for low-level crimes.Stop using jails and prisons as a housing system for a concept called "racism."Jessica, I appreciated the call today.You are my sister.

Report: Almost 80 Percent of Teens Do Not Believe Using Apps Behind the Wheel is Distracting

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Most teens know texting and driving is dangerous. For many teens, though, this fails to translate to other dangers their phones might pose. A new study by Liberty Mutual Insurance and Students Against Destructive Decisions (SADD), found that only about a quarter of teens text while driving. However, an astounding 68 percent admit to using apps behind the wheel.How dangerous is using apps while driving?Teen drivers do not know life without a GPS in the car, and many cannot remember life before an iPod or other digital music player, either. For this reason, many consider apps that provide navigation or music on their phone as a “utility,” and use them despite being aware of the dangers.According to the survey, about 58 percent of teens use a navigation app, although more than 40 percent said they could be a distraction. Forty-six percent of teen drivers surveyed use music apps; almost 65 percent say these apps can be distracting.And drivers are not just using music…

Prez Obama grants 79 move commutations, taking his total over 1000

Report: Traffic is #1 Cause of Holiday Stress for New Jersey Residents

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The holiday season is often the busiest time of year for New Jersey families — and our roads. From rushing to buy gifts and decorations to traveling to visit loved ones in other cities, New Jersey residents are going to be spending a lot of time on the road. And they are dreading it, according to a recent survey on the top causes of holiday stress. Most of the people surveyed listed traffic as the top cause of holiday stress.What are NJ residents worried about this holiday season?Insurance provider Plymouth Rock wanted to identify the biggest stressors on its policyholders and other state residents, in order to learn more about reducing distractions and preventing injury. The results show an overwhelming amount of NJ residents worry about driving during the holidays.In all, 82 percent of those surveyed said that driving is a cause of holiday stress. In addition to anticipating more aggressive drivers on the road, respondents said they worry about a number of other…
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