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New Law in Pennsylvania Increases Texting and Driving Penalties

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Earlier this month, Pennsylvania Governor Tom Wolf approved a law that increases the penalties for drivers who text behind the wheel and cause serious or fatal accidents. Known as “Daniel’s Law,” the new law addresses the staggering number of distracted driving accidents and deaths. According the National Highway Traffic Safety Administration, more than 3,100 people died nationwide in distracted driving accidents during 2014. Another 431,000 suffered injuries. The Pennsylvania Department of Transportation, meanwhile, reported more than 14,800 distracted driving crashes and 66 deaths last year. What do I need to know about Daniel’s Law? Under current Pennsylvania law, a motorist who receives a citation for texting while driving must pay a $50 fine, plus court costs and other small fees. The offense does not lead to driver’s license points, and does not go on the motorist’s driving record. A commercial driver only has a non-sanction…

YOUR OUT OF STATE DUI: WHAT YOU CAN DO IN ILLINOIS

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You were celebrating the holidays in Illinois with friends or relatives. You had a few drinks too many before starting the long drive to your home state. Before you left Illinois, a trooper pulled you over, and now you are charged with DUI. What can you expect? Can you get any consideration for the fact you live out of state? Unfortunately, the case cannot be transferred to your home state. Your court appearances in Illinois are mandatory, and you will have to appear at least once. If you intend to contest your DUI—which is usually a good idea, you may have to come at least three to five times. However, in some instances, your attorney may be able to work something out in advance with the prosecutor so that you won’t have to appear on your first date. It may also be possible to schedule other court dates to some extent around your availability. If you plead guilty or are convicted at trial, you will be required to get an alcohol evaluation. The…

CA YOU BE CONVICTED OF BOTH AGGRAVATED UNLAWFUL USE OF A WEAPON AND NOT HAVING A FOID CARD?

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The answer is yes. You may be convicted of both charges even though your Aggravated Unlawful Use of a Weapon (AUUW) is based on not having a valid Firearm’s Owner Identification card (FOID). The elements of the two crimes are somewhat different and therefore, they create separate offenses. (See People v Schweihs). Under the Illinois AAUW law, you can be charged if you knowingly carry a firearm on your person or vehicle except if you are on your own land, home or fixed place of business or someone else permits you to carry the weapon on their property. (See Aggravated Unlawful Use of Weapon). The FOID law requires that you have a FOID Card previously issued by the Illinois State Police in your name in order to acquire or possess any firearm, stun gun, or taser within Illinois. (See FOID Card Act). The difference between the two laws involves your location, which is an additional element required under the AAUW law. For example, if you possess the firearm in your…

Obama finally ramped up on clemency in second term, but not nearly enough

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As President Obama's total sentence commutations surges past 1,000, it's worth remembering two things. First, just four years ago, his clemency record was so poor that Pete Ruckman at Pardon Power and your correspondent launched a campaign urging him to pardon the writer O. Henry to highlight his stinginess on pardons, which were then at near-historic lows under his presidency. Though the application was denied long ago, Ruckman is still carrying that banner!Second, as evidenced by this graphic produced by Prof. Ruckman, the president's application of executive clemency has been puny and reticent compared to the reality of federal overincarceration:In that light, not so much to get excited about, huh? Mark Osler, formerly a law prof at Baylor, now at the University of St. Thomas, had an op ed this week urging the President to ramp up his end-of-term clemency to historic levels. And as Pete Ruckman reminded the president as he oversaw his final turkey pardoning,…

Information Regarding Contacting Idaho State Police by Calling *ISP (*477)

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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: 11/23/16 5:45 p.m. Please direct questions to the District Office For many years, the Idaho State Police has advertised a mobile phone call feature of *ISP (*477) as a quick, alternate way to reach an Idaho State Police emergency dispatch center. That feature is intended for reporting traffic related complaints, such as impaired or reckless driving, traffic safety incidents or concerns, and crashes. 9-1-1 is and will remain the best number to call for emergencies. Through public feedback, the Idaho State Police recently learned that *ISP (*477) was not working for some users with certain mobile phones operating over what is known as Voice over Long Term Evolution (VoLTE).…

Bechtel, other Energy contractors pay $125 million to settle cost mischarging allegations

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On November 23, the Department of Justice announced that four Department of Energy contractors had agreed to pay a combined $125 million to settle civil allegations, first raised by three whistleblowers, that the companies submitted false claims in connection with contracts at the Hanford nuclear site in Washington state. According to DOJ’s press release: The Justice Department announced today that Bechtel National Inc., Bechtel Corp., URS Corp. (predecessor in interest to AECOM Global II LLC) and URS Energy and Construction Inc. (now known as AECOM Energy and Construction Inc.) have agreed to pay $125 million to resolve allegations under the False Claims Act that they made false statements and claims to the Department of Energy (DOE) by charging DOE for deficient nuclear quality materials, services, and testing that was provided at the Waste Treatment Plant (WTP) at DOE’s Hanford Site near Richland, Washington.  The settlement also resolves allegations that…

Virginia criminal defendant’s conviction stands for hanging black person in effigy

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Jack Eugene Turner is an admitted racist who told a Franklin County, Virginia, sheriff’s deputy that he hung a black person in effigy from a noose from his tree near the roadside to scare African-American people away. Turner v. Virginia, ___ Ct. App. ___ (Nov. 22, 2016). The sheriff’s department removed the lynching display, the prosecutor obtained a Class 6 felony indictment against him under Va. Code § 18.2-423.2  (prohibiting displaying a noose in a public place with the intent to intimidate), Turner got convicted, and the judge sentenced him to six months active jail time, with an additional four and one-half years of suspended jail. Turner’s court case raises such issues as Virginia’s virulently and violently racist past; the state of racism in Virginia and the rest of the nation today; how such a case might have been decided by judges who came of age during Jim Crow when mandatory retirement age means the oldest current…

Happy Thanksgiving to ALL of my Readers

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A Little Extra for the Older Folks

Morning Radio: Americano

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Thursday.Off.Walking in Amsterdam.The fragrance was divine.You shopping for your best friend back home.Little pastries.With real espresso.Single servings in a small cup.You in a long summer dress.And a wide brimmed straw hat.They all thought you were one of them.They spoke Dutch to you and looked wide-eyed when you told them, "No, Americano."Why you put an "o" at the end of "American" made us giggle.Back in our room. The fragrance was divine. Me and my music magazines. You with your heart.And your hat.Front row for the Kitchens of Distinction.Front row for Morrissey.Front row for Miles Davis.Front row for this one too.

Equity, the Judicial Power, and the Problem of the National Injunction

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Samuel L. Bray, Multiple Chancellors: Reforming the National Injunction (2016), available at SSRN. Kevin C. Walsh Samuel Bray’s newest article tackles a topic of serious concern. The national injunction is an injunction against the enforcement of a federal statute or regulation against all people nationwide, not simply to protect the plaintiffs in one case. It is a powerful tool for political actors and interest groups who use litigation to accomplish regulatory and de-regulatory goals. Unknown to traditional equity, the national injunction somehow wormed its way into judicial practice in the second half of the twentieth century and has been deployed with powerful effect through the present. Bray identifies some of the principal problems caused by the national injunction, investigates the changes that led to its emergence and spread, and offers a simple principle for limiting injunctive relief to the protection of plaintiffs. If adopted, Bray’s prescription…

Talking Thanks, Hearing Thanks

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In advance of Thanksgiving, lots of websites give “tips” to young people, who perceive themselves as more knowledgeable, smarter, better educated and right, on how to talk to that drunken idiot uncle who is against everything he shouldn’t be and who is destroying everything. There hasn’t been as much of that this year, but what there has been has been far more vicious and furious. Sit down. I have something to tell you and it’s going to make you sad. This is the year you will shut up and listen to your uncle. He’s not drunk. He’s not mean. He’s not stupid. And most importantly, he may not be wrong. Yes, the very existence and celebration of Thanksgiving is wrong. I know about the disease brought from Europe, the slaughter of the native Americans, who were called Indians before we became sensitive. And I know all the arguments against Trump, racism, sexism, global warming, xenophobia, transphobia, homophobia, technophobia,…

If Jeff Sessions a Racist?

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Larry Thompson is a former Deputy Attorney General for Pres. George W. Bush. He signed an anti-Trump letter in the recent campaign, along with quite a few other former Bush Administration officials.  His more recent note to the editor (I believe the editor of the NYT, concerning its story on Nov. 17) tells us a good deal about the coming confirmation battle for Mr. Trump's nominee to be Attorney General. In response to "Specter of Race Trails a Potential Cabinet Pick," (front page, Nov. 17), I can tell you as a friend who has known Jeff Sessions for 32 years that Jeff does not have a racist bone in his body.

OH THE HUMANITY

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No Thanksgiving is complete without the best Thanksgiving promotion ever. Enjoy.Site Feed

California Doctor Sentenced to Probation for Removing Artifacts and Archeological Resources From Federal Parks After Significant Cooperation and Payment of Restitution

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U.S. Park Service Photo of someone who tried to take petroglyph Federal regulations govern wildlife, national parks, endangered species, and we have seen individuals get felony charges for violating these laws and regulations while they pursue their hobbies. One of our cases years ago involved a physician who obtained fish from PennySaver and local shops and took care of them in his own home tanks -- but it turned out the fish was on an endangered species list and he was not aware of it. We were able to stop any consequence to the physician's license but the licensing boards are stricter now. A recent case involving a physician shows how a hobby or interest can lead to federal charges and a conviction.On November 11, 2016, Dr. Jonathan Cornelius Bourne of Mammoth Lakes was sentenced to two years of probation, a $40,000 fine, and $249,372 in restitution for felony violations of the Archeological Resources Protection Act. Additionally, Dr. Bourne is banned from…

CCA plurality: 11th-hour evidence disclosure insufficient to comply with Brady

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David Temple may be the most thankful Texan in the state today.This week the Texas Court of Criminal Appeals overturned the conviction of the former football coach from Katy who was convicted of killing his wife in a high-profile Harris County case. (See coverage from the Houston Chronicle, Houston Press, and KHOU.) Visiting Judge Larry Gist had found prosecutor Kelly Siegler - perhaps the Harris County DA office's most famous progeny who now stars in a Dick-Wolf produced TV show - withheld exculpatory evidence. She failed to turn over 1,400 pages of police reports until midway during the trial, giving the defense no time to investigate or use the information.At the habeas hearing, Siegler testified before Judge Gist that she had no obligation to turn over potentially exculpatory evidence if she did not herself believe it was true. That "misconception" is what convinced three members of the court to sign on to a plurality opinion by Richardson granting a new…

A Thanksgiving to Unite Us

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Melanie Kirkpatrick has this story in the WSJ on President Lincoln's 1863 proclamation and the magazine "editress" who led the campaign for the Thanksgiving holiday in its modern form.Election Day has come and gone, and after one of the most divisive campaigns in memory, "healing" seems to be the word of the hour. What better time to begin than Thanksgiving, which Benjamin Franklin called a day of "public Felicity" to give thanks for our "full enjoyment of Liberty, civil and religious." Thanksgiving, our nation's oldest tradition, is a moment to focus on our blessings as Americans, on what unites us, not on what divides us.Such was the case in 1863, when Abraham Lincoln called for a national Thanksgiving celebration. He did so at the urging of a farsighted magazine editor who believed that a Thanksgiving celebration would have a "deep moral influence" on the American character, helping to bring together the country,…

Amatrundo on Intention, Responsibility, and Joint Criminal Enterprises

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Anthony Amatrudo (Middlesex University - School of Law) has posted Applying Analytic Reasoning to Clarify Intention and Responsibility in Joint Criminal Enterprise Cases (Oñati Socio-Legal Series, Vol. 6, No. 4, 2016) on SSRN. Here is the abstract: This paper argues...

How many felonies in Texas involve turkeys?

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Happy Thanksgiving! Texans love eating turkeys, but we also love shooting them. If you are going to hunt turkeys in Texas you should take the time to read the Texas Parks and Wildlife Code, because you can get in some trouble if you don’t know what you are doing. Fortunately most wildlife-related crimes are class C misdemeanors, a few more are class A. To get to the state jail felony level you need to have already been convicted of these things once, and then do them and get caught again. So whatever you do with your turkey today, don’t do these things, they are class A misdemeanors, but if you get caught twice they can be a felony. Continue reading

Report: Topless Selfie Attempt Results in Drunk Driving Crash with Police Cruiser

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According to a recent news article from the New York Post, a 19-year-old college student in Texas was allegedly attempting to take a topless selfie when she crashed into the back of a police car that was stopped ahead of her.  The accident occurred with enough force to deploy the airbags in both vehicles. When the officer stepped out of his vehicle and went to check on the driver of the car that allegedly slammed into his cruiser, he saw the suspect quickly trying to put her blouse back on.  The officer then asked the suspect why she was not fully dressed when driving her vehicle and she allegedly told the officer that she had taken her blouse off so she could send her boyfriend a topless selfie photo of herself using the Snapchat app on her smart phone.  She believed she was stopped at a light at the time. At this point, the officer detected an odor of alcohol and suspected she had been drinking.  He also allegedly observed an open bottle of wine in the…

CleanSlate Addiction Treatment Centers Settle Qui Tam Allegations of Prescribing of Suboxone by Nurse Practitioners and Physician Assistants Without Proper Physician Supervision and Improper Billing

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The addiction industry is facing a great deal of scrutiny at every level. The laws and regulations are changing and compliance is lagging behind. Noble efforts to get patients treated quickly for substance abuse due to the growing opioid abuse epidemic will cause problems if the federal and state laws are not followed carefully especially where Suboxone and other scheduled drugs are involved (due to potential for misuse and diversion). Further, where there is Medicare/Medicaid or insurance billing involved issues of medical necessity, proper billing and proper medical supervision is key.Treatment centers need to be mindful that federal rules and regulations regarding prescribing and billing must be followed carefully. A recent qui tam case addresses the prescribing of Buprenorphine (Suboxone), a Schedule III controlled substance that also can be used to treat pain, by mid-level practitioners and what happens when federal law changes but state…
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