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Exhaustive Reporting on Black Lives Matter

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Commentary Magazine has come out with the most thorough reporting on Black Lives Matter I have ever read.  It's not short, but what it lacks in brevity it more than makes up for in the depth, diligence and insight of its account.

Fatal Crash Old Ahsahka Grade, Orofino

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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 CASE #: L16001514 District: District Two --------------------- PRESS RELEASE ----------------------------- DATE: 11/22/2016 TIME: 6:56 AM LOCATION: Old Ahsahka Grade, Orofino ASSISTING AGENCIES: Clearwater County Sheriff's Office ------------- VEHICLE #1 DRIVER: Brent D Richardson AGE: 51 ADDRESS: Orofino, Idaho INJURIES?: Fatal LOCATION TAKEN?: Pine Hills Funeral Home VEHICLE YEAR: 2015 VEHICLE MAKE: Dodge Ram VEHICLE MODEL: Pickup WRECKER: Bud's Towing SEATBELTS?: Yes ------------- INCIDENT NARRATIVE: Richardson failed to negotiate a right hand curve and drove off the roadway. The vehicle rolled several times and impacted a tree. Richardson died at the…

Where is FBI Director Comey Now?

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We have been critical of FBI Director Comey's comments (see here and here) during the email investigations of Hillary Clinton. On a positive note, it was good to see him pull together the FBI for a quick review of Hillary...

Two Vehicle Crash Near Tetonia

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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: 11/22/2016 at 7:34 p.m. Please direct questions to the District Office On Tuesday, November 22, 2016, at 2:52 p.m., Idaho State Police investigated a crash on SH-33 at milepost 133, near Tetonia. Brandon Byrd, 41, of Blackfoot, was driving eastbound on SH-33 in a 2002 Chevy S10 when he crossed the center line and collided with a westbound 2011 Toyota Tundra, driven by Jacob Lamarine, 38, of Jackson, WY. Brandon Byrd was transported by ground ambulance to Teton Valley Hospital, in Driggs. Lamarine and his passengers, Karey Furan, 37, of Jackson, WY and a minor were not transported. It is unknown if Brandon Byrd was wearing a seatbelt. All occupants of the Toyota were all wearing…

How Defamation Can Play a Role in Criminal Cases

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If you have been charged with a high-profile crime, defamation could play a role in your case The media has taken something of a beating from both political parties this campaign season. The debate over what constitutes “fair” or “accurate” reporting has highlighted why it’s so important for the public to be able to trust what they read in print ... Read More The post How Defamation Can Play a Role in Criminal Cases appeared first on .

MS Word Magicians Beware: Amendments to the FRAP are Effective on December 1st!

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Microsoft wordsmiths beware! The United States Supreme Court recently adopted significant revisions to the Federal Rules of Appellate Procedure that will affect the format of every brief, motion and other document filed with the court.  Specifically, the new rules discard the page limits found in Rules 5, 21, 27, 35, and 40 in favor of word counts for petitions for permission to appeal and answers thereto, petitions for mandamus or other extraordinary writ and answers thereto, motions and responses and replies thereto, and rehearing and en banc filings.  Further, the new rules reduce the word limits for briefs based on the assumption that one page is equivalent to 260 words.  For example, the new rules reduce the word limit for appellate briefs (where no cross-appeal is involved) from 14,000 to 13,000 words.The new rules also make significant changes to the rules outside of page and word limits.  For example, they eliminate the three day (mail) rule for…

"Four predictions about President Trump’s Supreme Court" ... that seem somewhat iffy

San Antonio Four declared actually innocent!

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Congrats to the San Antonio Four and their attorneys on the women's exoneration and findings of actual innocence from the Texas Court of Criminal Appeals. See coverage from the SA Express-News, the majority opinion by Judge David Newell and a concurrence from Elsa Alcala. The decision clears the way for the four women to be compensated for their wrongful imprisonment.Judges Keller and Keasler did not agree with the actual innocence claim but would have granted relief under Texas' junk science writ, while Hervey and Yeary did not participate in the decision.

Medical device company pleads guilty to a misdemeanor, pays combined $36 million over misbranding allegations

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On November 7, the Department of Justice announced that Biocompatibles had agreed to pay a combined settlement of $36 million to resolve misbranding allegations concerning its blood-vessel device. According to DOJ’s press release: Pennsylvania-based medical device manufacturer Biocompatibles Inc., a subsidiary of BTG plc, pleaded guilty today to misbranding its embolic device LC Bead and will pay more than $36 million to resolve criminal and civil liability arising out of its illegal conduct, the Justice Department announced today. LC Bead is used to treat liver cancer, among other diseases. Under the terms of the plea agreement before the U.S. District Court for the District of Columbia, Biocompatibles pleaded guilty to a misdemeanor charge in connection with the company’s misbranding of LC Bead, in violation of the Food, Drug and Cosmetic Act.  LC Bead was cleared by the U.S. Food and Drug Administration (FDA) as an embolization device that can be placed…

News Scan

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Death Penalty Possible for 1 of 4 AL Killers:  Alabama prosecutors are still deciding whether they will seek the death penalty against a 22-year-old man who, along with three teens, killed two men during a 2015 crime spree.  Ashley Remkus of AL reports that if Joseph Conwan is convicted of killing Joshua Davis and Antonio Hernandez-Lopez, he will either be sentenced to death, if capital punishment in sought, or face life in prison without the possibility of parole.  Conwan was 20 in 2015 when he and his brother Cedric Conwan, then 16, along with Cortez Mitchell and Amani Goodwin, 16 and 17 at the time, respectively, engaged in a crime spree that included several armed robberies, shootings into homes and the two fatal shootings.  This week, the three teens were denied youthful offender status, which would have guaranteed they not be sentenced to more than three years.  They are ineligible for the death penalty because they were juveniles at the time the…

AP Calls Prop. 66

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Associated Press "called" the result on Proposition 66 last night.  Brian Melley of AP has this story.The opponents are making their usual claims in the press that Prop. 66 won't work.  However, they sing a very different tune in court.In the petition filed in the California Supreme Court in Briggs and Van de Kamp v. Brown et al., S238309, former California Attorney General John Van de Kamp declares under penalty of perjury:It [Proposition 66] will also make it more likely, and more immediate, for persons sentenced to death to face their executions.Yes, that was exactly the idea.  The opponents are apoplectic about Proposition 66's passage precisely because they know it will work, even while they tell the people the opposite.

Stuart on The Canadian Charter and Criminal Justice

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Don Stuart (Queen's University, Faculty of Law) has posted The Canadian Charter and Criminal Justice (In Nathalie Des Rosiers, Patrick Macklem, & Peter Oliver, eds., The Oxford Handbook of the Canadian Constitution (Oxford: Oxford University Press) (Forthcoming)) on SSRN. Here...

RECKLESS DRIVING IN MICHIGAN: IN MANY RESPECTS WORSE THAN A DRUNK DRIVING

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Reckless Driving does not require an accident of any kind and is comparable in many respects to a drunk driving As a policy, our Firm does not use ‘scare tactics’ to get your attention.  On the contrary, our aim is to inform our website traffic visitors regarding legal topics in our areas of expertise.  In this article, we will provide information regarding the criminal traffic offense of Reckless Driving based upon our experience in the Macomb County District Courts and explain why it is as serious (see above graph) as a drunk driving – OWI. Reckless Driving is a six (6) point criminal offense. Six (6) points is the greatest number of points that can be assessed for any traffic or criminal violation within the Michigan Motor Vehicle Code! Other 6 point offenses include Negligent Homicide*, Leaving the Scene of Accident, and Fleeing or Eluding a Police Officer. Reckless Driving carries more points than the offenses of Operating While Visibly…

Report: Years of Delays on Thousands of Possible Wrongful Convictions

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Thousands of individuals convicted on potentially tainted scientific evidence have been waiting years for the chance to clear their name, ProPublica recently reported.  Four years ago, a long-time chemist working at a state drug laboratory in Massachusetts admitted to contaminating samples over the course of her nearly nine-year career, resulting in more than 20,000 drug crime convictions that could have potentially been flawed. Those cases involved people from all across the nation and from eight different countries. In many cases, defendants were jailed. In some cases, defendants were deported. At the time, prosecutors insisted to the governor that addressing any possible breaches of justice would be priority No. 1. Unfortunately, that has not proven to be true. Four years later, and prosecutors have battled to hang onto pretty much every single conviction garnered with this flawed evidence. Meanwhile, defense attorneys arguing on behalf of potentially innocent…

State Forensic Scientist Accused of Slanting Evidence

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Forensic science is often the most compelling and persuasive evidence put before a jury in a criminal trial. Fingerprints, footprints, tire tracks or blood spatter evidence could all be determining factors in who was at a crime scene or what was used to commit a crime. The assumption is that since forensic evidence is provided [...]The post State Forensic Scientist Accused of Slanting Evidence appeared first on Columbus Criminal Attorney.

Twas the Day Before Thanksgiving

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Everybody wants out of jail for the holidays, and the days before Thanksgiving and Xmas see a surge in jail chain activity. I was inspired for a few minutes, but couldn’t finish this, the original poem is really long and there is a lot of ground to cover. But I’ll leave it here and get back to vacationing. Twas the day before Thanksgiving and all through the jail, Every inmate was stirring, Continue reading

GOBBLE, GOBBLE .......

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THE CAPTAIN REPORTS:HAPPY THANKSGIVING  ..... GENIE IN A BOTTLE EDITIONThe holiday season has arrived once again in South Florida.  How do we know this?  Well, for one, the damn roads are more crowded than ever.  You can't find a parking space at a mall.  And the line at Joe's is getting longer and longer.  And Horace has gone into hibernation; likely at his winter home outside of Truckee, in the Sierra Nevadas.One thing that never changes in the "Magic City".  The WEATHER.  While folks are already shoveling snow in the Midwest and Northeast, we topped out at 82 degrees today with a low of 68 tonight.  Sucks to live up North, doesn't it.So, today's assignment for our loyal readers, is to post a Comment that tells us what your three wishes are, (assuming of course you manage to run into Christina Aguilera on a beach somewhere while looking for that Genie in a Bottle).  And be…

Pre-Thanksgiving Open Thread

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Are any of you cooking tomorrow? I am -- and I have lots to finish up today. I plan to have a totally Trump-free holiday. I'm sure I'll binge watch something, I'm just not sure what yet. And check out the Black Friday online sales. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Governor Promotes Police Hate Crimes Bill After Fatal Shooting in San Antonio

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  Texas Governor Greg Abbott has reiterated his determination to make violence against police officers a hate crime after a law enforcement officer was shot dead in San Antonio. Detective Benjamin Marconi, a 50-year-old police officer, was shot in the head on Sunday after he pulled over a vehicle near San Antonio police headquarters building in a marked vehicle. Abbott ... Read More The post Governor Promotes Police Hate Crimes Bill After Fatal Shooting in San Antonio appeared first on .

Two Maryland Officers Facing Felony Charges

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The recent arrest of two local police officers in separate felony offenses left a stain on Maryland law enforcement heading into the Thanksgiving weekend. These arrests have also served as a constant reminder that police are not above the law, at least when it comes to incidents that cannot be swept under the rug. While the cases are still in their infancy stage, both veteran officer’s careers are in jeopardy and one officer faces the possibility of a lengthy prison sentence. The arrests generated considerable news coverage despite the fact that the officers worked for departments outside of the Baltimore DC metropolitan area, and the coverage will likely continue until the cases are resolved. The crimes are serious but unfortunately not uncommon, so it’s the scandal factor with a police officer as a defendant that keeps the public’s interest. Of the two arrests, without a doubt the most serious case involves a deputy from the Charles County Sheriff’s…
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