City Pulse: Regulating pot: City wants mandatory home inspections for high energy users by Todd Heywood: Lansing [MI] Mayor Virg Bernero’s proposal aimed at regulating homegrown marijuana raises legal concerns and may even be unconstitutional, critics say. The ordinance the … Continue reading →
City Pulse: Regulating pot: City wants mandatory home inspections for high energy users
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Chavis on Criminal Justice Reform
Kami Chavis (Wake Forest University Law School) has posted Foreword: A New Frontier in Criminal Justice Reform (Wake Forest Journal of Law & Policy, Vol. 6(2), 2016) on SSRN. Here is the abstract: Each author featured in this issue of...
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Monmouth County DWI, DUI Refusal and Traffic Violations
When the stakes are this high, you need an experienced, aggressive Monmouth County, NJ DUI attorney at your side.If you have been issued a ticket for DWI, DUI or Refusal in Monmouth County, Ocean County or anywhere in the State of New Jersey call us today for a FREE consultation lawyer in NJ.Criminal defense attorney Ian Goldman will help you at any stage in the process. IMG Legal Group will work to build an effective defense to your charges.For more information visit us online at www.IMGLegalGroup.comHire Expert criminal defense attorneyIan Goldman is an experienced criminal attorney at www.IMGLegalGroup.com afree consultation lawyer in NJ. Put your trust in Monmouth County NJ Lawyer Ian Goldman. Ian Goldman has offices in Jackson, NJ and Red Bank NJ. For more information about Mr. Goldman visit IMG Legal Group online at www.IMGLegalGroup.comContact Jackson & Red Bank, NJ Criminal Defense Attorney today.Visit us on line at http://www.ImgLegalGroup.com for a FREE…
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Bait and Switch in SCOTUS Retardation Case
Two weeks ago, the U.S. Supreme Court summarily dumped a case brought by Visa, Inc. et al. because the petitioners got the court to take the case up saying it was about one issue and then relied on a different argument once they reached the merits stage.It's not nice to bait-and-switch the nation's highest court. Yet lawyers for a habitual criminal who blew the head off a store clerk during a robbery may get away with doing exactly that. Capital defense lawyers are special, you see. Rules don't apply to them.Here is the Question Presented as drafted by lawyers for Texas murderer Bobby James Moore:Whether it violates the Eighth Amendment and this Court's decisions in Hall v. Florida, 134 S.Ct. 1986 (2014) and Atkins v. Virginia, 536 U.S. 304 (2002) to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.See any issue…
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CUSHIONS
We received this email the other day:"Rumpole. Love the blog. Breaking news. Courtrooms are being fitted with cushions for the bench seats! This is big!! Trump effect?"These next two weeks are pretty much the last two trial weeks of the year. After that- no one wants to work. As we head into the end of the year, we were recently in federal court and walked past the wall on the Akins building listing all the District Court Judges for the SDFLA.Some judges served a long time. Others only a year or two, their names and memory lost to all but a few in the legal community; and some not known at all. It got us to thinking: which short-term judges at the REGJB are worth remembering? We'll define a short-term judge as someone who served less than a full term. We've run across a few in our time who came- left at 2 pm for a few months or years and then just left. Meanwhile Jeff Sessions as attorney general? Buckle up, it's gonna be a rough…
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Injury Crash WB US12@37 near Orofino
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 #: L16001542 District: District Two --------------------- PRESS RELEASE ----------------------------- DATE: 11/29/2016 TIME: 11:30 AM LOCATION: WB US12 @ MP 37, West of Orofino ASSISTING AGENCIES: Nez Perce County and Clearwater County ------------- VEHICLE #1 DRIVER: Trisha Vedder AGE: 22 ADDRESS: Richland, WA INJURIES: Yes HOSPITAL/LOCATION TAKEN: Clearwater Valley Medical VEHICLE YEAR: 2007 VEHICLE MAKE: Toyota VEHICLE MODEL: FJ WRECKER: Orofino Autobody SEATBELTS WORN: No PASSENGER(S): Juvenile Female ------------- INCIDENT NARRATIVE: Vedder was traveling Eastbound US12 when she failed to negotiate the curve at MP 37. The vehicle went off the roadway…
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How is Euthanizing Murderers Cruel & Unusual?
In July, Mark Langedijk, a middle aged man in Holland, was euthanized at his request due to his addiction to alcohol. The Netherlands is one of nine countries, including Canada and parts of the U.S., which allows assisted suicide for those living their lives with an "unbearable" illness or affliction. Tom Embury-Dennis of the Independent reports that the Netherlands introduced euthanasia 16 years ago, and the current "euthanasia kit" available in pharmacies employs a three drug protocol to induce a painless death. This raises the question "if the same chemicals we use to execute our worst murderers aren't cruel and unusual for an alcoholic in Holland or a cancer patient in Oregon, why are US courts wasting time and money reviewing Eighth Amendment challenges?" The standard argument from the Anti-death penalty lobby is that capital punishment is cruel and unusual, that it's "inhumane". Apparent…
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Idaho State Police Road Safe Class - Coeur d'Alene
The Idaho State Police will be holding a Road Safe Class for the 2016/2017 winter driving season on Saturday, December 10, 2016 from 9:00 a.m. to 12:00 p.m. The class will be held at the Idaho State Police District 1 Office located at 615 West Wilbur Avenue in Coeur d Alene (Meeting Room A & B). This is the fourteenth year this award-winning program has been offered to the public. This is presented in a classroom setting designed to educate drivers of all ages (teens, adults and seniors), on the typical problems associated with winter road conditions in Idaho. The class consists of a PowerPoint presentation and video giving safe driving tips, as well as suggestions to prepare for the winter driving season. Other topics discussed will be how to deal with aggressive drivers, DUIs, and other driving problems and situations encountered on the roadways. The class will last for approximately 3 hours. There is no cost for the class. PLEASE CALL (208) 209-8620 Monday - Friday 8…
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Armed Robbery, the Text Message and the Cell Phone
This post examines an opinion from the Court of Appeals of Ohio – Fifth District: State v. Hidey, 2016 WL 5885507 (2016). The court begins by explaining that “[a]ppellant the State of Ohio appeals a judgment of the Tuscarawas County Common Pleas Court suppressing a cell phone seized from appellee Kody S. Hidey.” State v. Hidey, supra.It goes on to explain that [o]n October 28, 2014, an armed robbery took place at Marty’s Coaches Corner in New Philadelphia, Ohio. Detective Shawn Nelson of the New Philadelphia Police Department commenced an investigation. Det. Nelson received a tip from Charla Hamilton on October 29, 2014, that a man by the name of Devonte Sherman might be responsible for the robbery.Ms. Hamilton informed Det. Nelson that she received a text message on the day of the robbery from Devonte Sherman asking if she knew of anywhere to `make some moves.’ She understood `make some moves’ to be a slang term for committing a…
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Algorithms Replacing DNA Testing in Some Criminal Cases
Concerns about due process violation have been raised with the increasing use of a form of technology that conducts “probabilistic genotyping” as opposed to the regular DNA testing that has long been used as evidence in criminal cases. One example of this offered by ProPublica, a non-profit, Pulitzer prize-winning online publication, was a case out of New York two years ago. Police officers attempted to pull over a vehicle that was operating without headlines. However, they driver and passenger fled on foot. Officers gave chase and then heard a gunshot. Police never actually caught up with the suspects, but they did find a loaded handgun nearby. The car, which had been abandoned, was connected to its owner. Police arrested him, but they couldn’t link him to that gun unless they could secure a DNA match. Unfortunately for them, the DNA that was left on the handgun did not provide a good sample for conventional methods. DNA from at least four or five…
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When It Comes to “Draining the Swamp,” Donald Trump Is No Al Gore
Donald Trump is an amateur. We suspected this before the election. Now we know it. He is also too vain, too self-centered, to realize that he is in over his head. It is not that he is not... Read More
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Eagly on Immigrant Protective Policies in Criminal Justice
Ingrid V. Eagly (University of California, Los Angeles (UCLA) - School of Law) has posted Immigrant Protective Policies in Criminal Justice (95 Texas Law Review (Forthcoming)) on SSRN. Here is the abstract: The increasing focus of federal immigration enforcement on...
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Trump's Business Announcement: Another Reality Show Trick
Donald Trump dropped a cliffhanger on Twitter this morning, reminding me of a reality show preview. He announced he would separate from his companies. How? He'll tell us in two weeks at a press conference. Does anyone believe him? I think the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Angered Mother Throws Knife at Partner, Misses, Critically Injures 3-Year Old Instead
Michelle Betancourt was sentenced on Tuesday for stabbing her three year old son during a domestic dispute with the child’s father. In May 2015, Michelle Betancourt of Los Angeles and her child’s father got into a heated argument. The twenty-three year old woman lost control and threw a knife at the man, but it hit her child instead. Neighbors reported terrifying screaming and crying and a woman yelling something about “a lot of blood.” Neighbors saw Betancourt running down the driveway, holding the wounded boy, while screaming hysterically. The boy’s father initially claimed that the boy had stabbed himself. The boy’s injuries were life-threatening, but he did recover. Betancourt was arrested and charged with two counts of assault with a deadly weapon and personal infliction of great bodily injury. Although police originally claimed the assault was intentional, after thoroughly reviewing the case prosecutors decided they could not file…
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How can I recover compensation after a motorcycle hit and run?
When a driver strikes a motorcyclist, there are almost always injuries involved. State law requires drivers to remain at the scene of an injury accident. Unfortunately, not everyone obeys the law. All too often, drivers leave the scene of an accident and leave riders with no way to pay for serious injuries and property damage. This situation is understandably frustrating and recovering compensation after a motorcycle hit and run may be difficult but you do have options. How does motorcycle insurance differ from auto insurance in Pennsylvania?Pennsylvania’s auto insurance laws require all motorcyclists to carry motorcycle insurance, which has different requirements than the state’s requirements for passenger cars. Pennsylvania law requires drivers to carry personal injury protection coverage that provides medical benefits for any injuries they suffer in a crash, regardless of who causes the wreck. However, Pennsylvania law does not offer this type of…
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Pakistan Publishes Readout of Telephone Call With Trump
Meet the Fantastics: Pakistan has published a readout of the Prime Minister's telephone conference with Donald Trump. (Via Buzzfeed). Prime Minister Muhammad Nawaz Sharif called President-elect USA Donald Trump and felicitated him on his... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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THIRD CLIPS GLICK WITHOUT REMORSE
Prosecutors cannot argue lack of remorse of at sentencing because Judges are specifically prohibited from considering lack of remorse when passing sentence.Knowing this, the prosecution in Lawton v. State, 3D15-1520 improperly argued the defendant's lack of remorse when seeking the court to impose a severe sentence:THE STATE: [I]n light of the fact that Mr. Lawton has, still to this day, not expressed any remorse for what he's done or any responsibility for something that he has now been adjudicated guilty by 6 of his peers and in light of the victim's wishes, the State is requesting that your Honor sentence him to a minimum of five years in state prison . . . . (We will leave for another day the Dade's Sao's complete abandonment of their role and duty to seek justice and recommend a fair sentence. Victim's by the very nature of the fact they have been victimized are not in a position to request a just sentence. They usually seek…
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Washington’s Electronic Surveillance Leads to Reversal of Attempted Murder Conviction
In an important new ruling from the Washington Court of Appeals that shows just how broad the state’s electronic surveillance law is, the appeals court threw out an attempted murder conviction against a husband whose threats to kill his wife were accidentally recorded on a cell phone’s voicemail application. Even though no third person was involved in secretly recording the exchange, the fact was that neither the husband nor the wife had consented to being recorded, which triggered the electronic surveillance law and made the recording inadmissible in the husband’s trial. John and Sheryl Smith were a married couple living in Vancouver who, on a June day in 2013, got involved in a drunken argument. The drunken argument devolved into a violent encounter, with the husband beating and strangling the wife to the point of unconsciousness. At some point in the melee, the husband decided he needed to find his cell phone immediately. To do so, he grabbed a…
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Sarah Palin May be Secretary of Veteran Affairs
Trump is considering Sarah Palin for Secretary of Veteran Affairs. On Twitter, Palin seems to be open to the job -- or actively seeking it, depending on how one reads her fawning over Trump as Commander in Chief. Since her biggest claim to fame... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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More Students Are Getting Arrested for Prescription Drug Possession
The post More Students Are Getting Arrested for Prescription Drug Possession appeared first on Clancy & Clancy Attorneys at Law.
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