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White Cop Guns Down Another Young Man of Color

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The story is here.  It's everywhere else tonight, as well.Remember this the next time you see a statistic about how many "white cops gun down young men of color."  If the source isn't telling you the circumstances of the shooting, then it's telling you nothing.  It is, however, engineering a smear.

Pedestrian and Others Injured in Dog Attack

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Three women are recovering from injuries after a dog attack which first targeted a pedestrian and then two bystanders who rushed to help. Two animals involved in dog attack 20 year old Sierra Coe of Millville Utah was walking home from the post office when she was attacked by two animals, a 4 year old […] The post Pedestrian and Others Injured in Dog Attack appeared first on Salt Lake Criminal Defense Attorney.

Mr. Nicey Decides to Exercise His Constitutional Rights

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Although this CBS story refers to Dylann Roof as the "suspect" in the Charleston church massacre, I'm not sure why.  No sane person I've ever heard of has any doubt that Roof is the killer.  Saying that he's the "suspect" in the murders is like saying Fidel Castro was "suspected" of being the dictator of Cuba.But I digress.  Roof asked for, and today was granted, the right to represent himself. I of course have no idea what the defense will be but, like the judge, I think this is a strategically poor decision.  It's unlikely that Roof will be anywhere near as creative, or as smooth a talker, as an experienced criminal defense lawyer would have been.Roof's choice does have at least one advantage for those of us who think the death penalty should be imposed, without manufactured delay, on defendants unquestionably guilty of grotesque murders:  The knowing choice to represent one's self after…

FourthAmendment.com makes 10th Annual ABA Journal’s Blawg100 for the second time

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The tally of law blogs in our directory has topped 4,000. We present to you our latest roundup of the 100 most compelling ones. Described thusly: FourthAmendment.com The evidentiary rules of search and seizure—and the police power to carry out … Continue reading →

Some notable new stories and discussions of NFL policies and NFL players' use of marijuana

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Regular readers know I find fascinating the intersection of MJ reform and NFL realities. Two recent pieces, as linked and excerpted below, highlight these realities: "NFL player using marijuana for Crohn’s disease may press league over its drug policy": Seantrel Henderson, a third-year offensive lineman for the Buffalo Bills, is...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/_p7pqL-2Hgw" height="1" width="1" alt=""/>

A 32-Line Justice Breyer 'Question'

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Behold!  From oral argument today in Beckles v. United States. H/T Josh Blackman, who helpfully notes here that Justice Breyer's record is 44 lines.

Injury Crash US95 @367.2

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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 #: L16001505 District: District Two --------------------- PRESS RELEASE ----------------------------- DATE: 11/20/2016 TIME: 6:17 AM LOCATION: Northbound US95 milepost 367.2 ASSISTING AGENCIES: Latah County Sheriff's Office, Potlatch Fire and Ambulance ------------- VEHICLE #1 DRIVER: Jared Brooks AGE: 44 ADDRESS: Shelton, WA INJURIES: Yes HOSPITAL/LOCATION TAKEN: Gritman Medical Center VEHICLE YEAR: 2003 VEHICLE MAKE: Ford VEHICLE MODEL: F250 WRECKER: Moscow Auto SEATBELTS/HELMET WORN: Yes PASSENGER(S): David Robertson ADDRESS: Shelton, WA INJURIES: Fatal HOSPITAL/LOCATION TAKEN: St Joseph Medical Center -------------…

"AG pick Sessions should moderate his approach to marijuana"

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Trump's selection of Sen. Jeff Sessions (R-AL) as the next attorney general has drug policy reform advocates worried. Sessions proudly supports the drug war, which includes hostility to marijuana and the people who use it. Earlier this year he said that "good people don't smoke marijuana." In this recent editorial,...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/vedC_R8vEjU" height="1" width="1" alt=""/>

Expedited family violence court promises swifter justice for victims, defendants | Courts | Dallas News

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Source: Expedited family violence court promises swifter justice for victims, defendants | Courts | Dallas News A Dallas judge is looking to move assault-family violence (AFV) cases to trial faster. Moving cases faster is always a popular idea, the public loves it, it sounds good and is a common refrain from judicial candidates (“this court is backlogged, I’ll fix it!). I used to prosecute family violence cases, and I’ve defended them for over a decade now. The truth is that many family violence arrests are for situations that aren’t going to result in a guilty verdict. The police arrive and both parties say the other started the fight, both have similar injuries. The police have to make an arrest, so they usually arrest the guy on weak evidence, and the lawyers get to sort it out on the back end. Continue reading

Is it Illegal to Post a Picture of Someone Online without their Permission?

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Like it or not, we live in a digital world where our daily lives are chronicled online through sites like Facebook, Twitter, Instagram, Tumblr, and LinkedIn. Many people enjoy sharing personal photos and videos on the internet, but serious legal problems can arise if you post someone else’s image without their consent. Salt Lake City sex crimes lawyer Darwin Overson explains Utah’s “revenge porn” law – and the consequences that can result from sharing sexually explicit material without the subject’s permission. Is it Legal to Share Pornography Online without the Subject’s Consent? It’s only recently that the sharing of “revenge porn” – or, to use the technical term, “distribution of an intimate image” – has been recognized as a criminal offense in Utah. Unlike assault, burglary, murder, and countless other offenses which have been recognized as criminal acts throughout Utah’s history,…

News Scan

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OSU Attacker Identified:   The man who drove his car into a group of Ohio State University students and then stabbed several of them with a butcher knife before he was shot and killed by a police officer has been identified as 18-year-old Somalian immigrant Abdul Razak Ali Artan.  Aamer Madhani of USA Today reports that, prior to the attack, Artan had posted a rant on Facebook saying that he had reached a "boiling point" about America's interference with Muslim communities.  He also referred to lone wolf attacks, and described radical Muslim cleric Anwar al-Awlaki as a hero.  According to news reports police are still searching for a motive.   Is Twitter Stalking Free Speech?  A Dallas man in jail on charges of felony stalking, claims that the threatening Twitter posts he made against a judge who presided over his previous conviction for tweeting threats to kill his brother-in-law are protected by the First Amendment.  The…

Flag Burning

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President-elect Trump has raised the issue of criminalizing flag-burning in a tweet.  The constitutional question is closer than many might think.  In 1989, Texas v. Johnson was decided by a bare 5-4 majority.The justices did not divide on liberal/conservative lines in that case.  "Conservative" Justice Antonin Scalia provided the fifth vote to overturn the statute.  "Liberal" Justice John Paul Stevens was in the dissent.Should the question be considered closed as a matter of respect for precedent (stare decisis)?  Some of our friends on the left think that precedent is a ratchet.  All precedents favoring their view are sacrosanct, while any precedents they disagree with are constantly subject to reexamination.  Justice Thurgood Marshall sadly ended his tenure on the high court with one of the most hypocritical opinions I have ever seen, excoriating his colleagues for overturning a relatively minor (and, in my view, clearly…

American Banker: IRS Quest for Coinbase Data Sets Dangerous Precedent

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American Banker: IRS Quest for Coinbase Data Sets Dangerous Precedent by Jerry Brito: It is understood and accepted that, if someone is investigated for tax evasion, a bank or brokerage may be required to turn over private financial records to … Continue reading →

O'Hear on The Justice Reinvestment Initiative

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Michael M. O'Hear (Marquette University - Law School) has posted Justice Reinvestment and the State of State Sentencing Reform (Federal Sentencing Reporter, Vol. 29, No. 1, 2016) on SSRN. Here is the abstract: The national Justice Reinvestment Initiative has arguably...

How Donald Trump Can Start to Reverse the Crime Surge

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LifeZette, a new on-line magazine, is a breath of fresh air in Washington, DC. Instead of the weary, threadbare cliches from the liberal Establishment that have been driving the chit-chat inside the Beltway for decades, it presents a frankly conservative perspective.  I was grateful to be able to contribute mine this morning, "Trump Can Reverse the Deadly Spike in Violent Crime."

WHY DO FLORIDA DOMESTIC BATTERY ALLEGATIONS ALMOST ALWAYS RESULT IN ARREST & PROSECUTION?

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In Florida domestic battery allegations almost always result in one of the spouses being arrested. It isn't always the one who started the fight, nor the one who called 911, nor even the one who seems to be hurt the most who is arrested. In Pinellas County as in the rest of Florida domestic battery, assault, aggravated battery, aggravated assault and spouse battery are criminal acts that are believed to be threshold crimes. Not only are the crimes viewed as significant in and of themselves but judges and prosecutors pursue sentences with added heft because studies have shown that some unaddressed small violent acts if not corrected may lead to the commission of more extreme violent acts. Because even small violent acts are taken seriously an arrest is likely as is a thorough prosecution of each case even when the victim does not wish to prosecute as the State of Florida is also viewed as a victim in these cases.At a minimum for misdemeanor arrests…

Kaufman County Grand Jury Indictment List for 11/29/16

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If you are on this list that means a grand jury has indicted you and you need a lawyer NOW. Being indicted doesn’t mean you are guilty. It’s easy to indict people it Texas, but it does mean the State is serious about making you a felon and sending you to prison. So hire a lawyer ASAP. Odyssey-JobOutput-November 29, 2016 14-27-16-261178-2

ABA Journal Names Jotwell to ‘Blawg 100’

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The ABA Journal has once again named Jotwell to its ‘Blawg 100’ list of “most compelling” legal blogs. This designation is especially meaningful given the source. Jotwell is structurally an academic project in which academics write about the work of other academics. It is thus particularly affirming and noteworthy that the ABA Journal — whose audience is mostly practitioners — finds that what we are doing here is or should be of interest to the bar. (Needless to say, we agree!)

The New Jersey Graduated Driver License Program Is Saving Lives

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A report about teen drivers issued by the Governors Highway Safety Association (GHSA) recommended that other states follow New Jersey’s lead when developing a more comprehensive graduated driver’s license (GDL) program.The report, titled Mission Not Accomplished: Teen Safe Driving, the Next Chapter, found that fatal crashes caused by teen drivers increased by about ten percent nationwide in 2015. But New Jersey saw a decrease. The GHSA attributes this decline to the state’s strong GDL program.How is New Jersey’s GDL program different?While all 50 states have some type of GDL program in place, the New Jersey graduated driver license program requires all new drivers to complete a period of restricted driving, and does not issue full driving privileges to anyone under the age of 18.Under New Jersey’s rules, any new driver under the age of 21 must hold a learners permit for six months or more, and then hold a probationary license for at least a year.…

Determining Liability for Physical Abuse in Nursing Homes

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Nursing home residents rely on facility staff for many of their medical and personal needs, but, all too often, those same staff members violate that trust by neglecting or outright abusing residents. If your loved one suffered nursing home physical abuse, s/he may be entitled to compensation. To have a valid claim, you need to determine who is liable for the abuse. Our team has years of experience helping Pennsylvania and New Jersey residents determine liability for physical abuse in nursing homes.Call us for help: 215-642-2335.What is physical abuse in a nursing home?First, we need to determine what constitutes physical abuse. Neglect — when a senior’s needs go unaddressed — is a type of abuse that is often unintentional. (You can still hold the nursing home liable for neglect, even though it was likely unintentional.)On the other hand, physical abuse is never accidental. Many people think of hitting, shoving, or slapping when they consider physical abuse.…
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