Police investigating two robberies with kidnappings got the lead on defendant from GPS in a stolen car that gave them an address. Investigating that address gave them another lead to the place ultimately searched that the robbers were renting that … Continue reading →
E.D.Tenn.: Kidnapping investigation ultimately led police to def’s rental property; he fled when they attempted to stop him; nexus to property shown
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Tuesday Night Open Thread
I'm out tonight, here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Fatality Crash on I15 near Blackfoot.
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 12/13/2016 7:40 p.m. Please direct questions to the District Office On Tuesday, January 13, 2016 at approximately 4:23 pm, the Idaho State Police investigated a single-vehicle fatality crash northbound I15 at milepost 96, near Blackfoot. Shawn Ringel, 39, of Shelley, was northbound on I15 in a 2002 Chevrolet Trailblazer. Ringel was northbound when he went off the left shoulder, over corrected, and went off the right shoulder rolling multiple times. Ringel was ejected from the vehicle, and succumbed to his injuries on scene. Next of kin has been notified. The crash is under investigation by the Idaho State Police. JS / KB -------------
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"Marijuana Is Harder Than Ever for Younger Teens to Find"
The title of this post is the headline of this lengthy new US News & World Report article. Here are excerpts: American voters and legislatures increasingly are allowing medical and adult recreational use of marijuana, but as home-growing spreads and retail stores open, younger teens are reporting the scarcest availability...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Cn75xUcnsEA" height="1" width="1" alt=""/>
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Colorado sets still more records for marijuana sales and tax revenues collected
As this local article details, during "the first 10 months of 2016, Colorado marijuana shops reached a significant milestone they had barely missed in all of 2015: $1 billion in legal, regulated cannabis sales." Here is more: When 2015’s year-end marijuana tax data was finally released in February, Cannabist calculations...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/lKiIsmt0IMI" height="1" width="1" alt=""/>
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Canadian Task Force releases "A Framework for the Legalization and Regulation of Cannabis in Canada"
A task force appointed by the Canadian government to study the legalization of marijuana released its big final report, and this press release reports on the basics: The report contains more than 80 recommendations to governments on how to better promote and protect public health and safety, particularly among young...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/dWDZ_hUFQMw" height="1" width="1" alt=""/>
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What is Ohio’s Theft Diversion Program?
One moment of bad judgment can lead to a lifetime of legal consequences, and that is especially true with theft & fraud crimes in Ohio. In Ohio, shoplifting, for example, is treated as theft and is a first-degree misdemeanor that could result in up to 180 days in jail. The degree of a theft offense [...]The post What is Ohio’s Theft Diversion Program? appeared first on Columbus Criminal Attorney.
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Larkin on Prisoner-Dog Training Programs
Paul J. Larkin Jr. (The Heritage Foundation) has posted Death Row Dogs, Hard Time Prisoners, and Creative Rehabilitation Strategies: Prisoner-Dog Training Programs (Catholic University Law Review, Forthcoming) on SSRN. Here is the abstract: The use of Prisoner-Dog Programs (PDPs) is...
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The 225th Anniversary of the Bill of Rights, Part I
December 15, 2016 is the 225th anniversary of one of the great achievements in the history of mankind: affirmation of the inalienable rights of man and specific limits on the power of government to interfere with the rights we are all born with under the laws of nature and nature’s God. These rights were affirmed […]
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Washington Court of Appeals Clarifies Use of Self-Defense in Domestic Violence Case
In a recent opinion, the Court of Appeals of Washington decided the issue of whether a defendant is entitled to a self-defense instruction when only the state produces evidence of self-defense. In State v. Thysell (Wash. Ct. App. June 9, 2016), the defendant was charged with fourth-degree assault, domestic violence, after a physical altercation between the defendant and her daughter. At trial, the defendant requested a jury instruction on self-defense. The prosecution objected, arguing that the defendant presented no evidence of self-defense, and any testimony that could arguably support such an instruction came through the state’s witness, the defendant’s daughter. The trial court ruled in favor of the state and denied any instruction to the jury on self-defense. The jury subsequently found the defendant guilty of fourth-degree assault, domestic violence. On appeal, the defendant contended that the trial court erred by denying a self-defense instruction on the…
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Washington Appeals Court Finds Exclusion Appropriate Remedy for State’s Failure to Disclose Witness
In Washington criminal cases, the prosecution must disclose upon written demand the names and addresses of the people it “intends to call as witnesses . . .” and any expert witnesses it intends to call at trial, if that information is within its knowledge, possession, or control. The Washington Court of Appeals recently considered whether it was permissible for the State to wait until the day of trial to name the actual witness in State v. Salgado-Mendoza. After being arrested for DUI, the defendant voluntarily submitted to two breath tests. Several months before his scheduled trial date, he requested that the State disclose information about its expert witnesses. The State filed a witness list in December 2012, naming nine toxicologists, one of whom would testify. The defendant filed a supplementary discovery demand about two weeks before trial, seeking the names of all the expert witnesses the state intended to call. Three days before…
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State v. Wilson: Was the Defendant Seized When He Stopped Upon the Officer’s Signal?
Joshua Wilson had just pulled his truck out of the driveway of a residence in Burlington when he saw a police car parked in the road in front of him. A uniformed officer had gotten out of the car and was walking toward the residence. When the officer saw Wilson, he waived his hands back and forth in the air to tell Wilson to stop his car. Wilson stopped. The officer approached the truck on the driver’s side. The window was down, and he smelled the odor of alcohol. Wilson was arrested shortly thereafter for driving while impaired. The question on appeal was whether he was seized by the officer when he stopped his truck. The answer. The court of appeals in State v. Wilson, __ N.C. App. ___ (December 6, 2016), held that Wilson was not seized under the Fourth Amendment when he stopped. Thus, the appellate court concluded that the trial court did not err in refusing to suppress the evidence obtained from the officer’s encounter with Wilson. Judge Dillon dissented,…
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The 225th Anniversary of the Bill of Rights, Part II
When reflecting on the first ten amendments to the American Constitution, or the Bill of Rights, focus is often on the great freedoms of religion, speech, press and the right to bear arms. The Bill of Rights became 225 years old on December 15, 2016. With that in mind, it is worth a moment to […]
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Fatality Crash on I15 near Blackfoot ** Correction**
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 12/14/2016 2:30 p.m. Please direct questions to the District Office ** Correction ** The correct date of this crash should be, Tuesday, December 13, 2016. MC/JW ** Original Release ** On Tuesday, December 13, 2016 at approximately 4:23 pm, the Idaho State Police investigated a single-vehicle fatality crash northbound I15 at milepost 96, near Blackfoot. Shawn Ringel, 39, of Shelley, was northbound on I15 in a 2002 Chevrolet Trailblazer. Ringel was northbound when he went off the left shoulder, over corrected, and went off the right shoulder rolling multiple times. Ringel was ejected from the vehicle, and succumbed to his injuries on scene. Next of kin has been notified. The crash…
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Cuningham on Apple and the American Revolution
Clark D. Cunningham (Georgia State University College of Law) has posted Apple and the American Revolution: Remembering Why We Have the Fourth Amendment (Yale Law Journal Forum, vol. 126, 2016) on SSRN. Here is the abstract: This essay provides a...
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SCOTUS Takes 2 Brady Cases. Fact-Bound?
The U.S. Supreme Court has taken up two cases from the District of Columbia's local court system (not to be confused with USCA-DC). The cases involve the rule of Brady v. Maryland (1963) that the prosecution must disclose to the defense material exculpatory evidence in its possession. "Material," in this context, means evidence that might have made a difference in the result.The high court rewrote the question presented as simply, "Whether petitioners' convictions must be set aside under Brady v. Maryland, 373 U.S. 83 (1983)." This is highly unusual. Application of settled rules of law to particular fact patterns is something the high court generally leaves to lower courts. Characterizing a case as "fact-bound" is what you do when you won in the lower court and don't want SCOTUS to get involved. If you can get the Supreme Court to accept that characterization, it's usually the kiss of death…
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Interesting accounting of who is putting up capital to try to end capital punishment
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Crash on I15 Near Fort Hall
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 12/14/16 5:10 p.m. Idaho State Police is currently investigating a single vehicle crash southbound Interstate 15 at milepost 77, near Fort Hall. More information will be released as it becomes available. Please direct questions to the District Office. AM / NG -------------
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UPDATE: Crash on I15 Near Fort Hall
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 12/14/16 5:20 p.m. ****UPDATE**** The right lane is currently blocked. ****END UPDATE**** Idaho State Police is currently investigating a single vehicle crash southbound Interstate 15 at milepost 77, near Fort Hall. More information will be released as it becomes available. Please direct questions to the District Office. AM / NG -------------
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Who is liable for emotional abuse at a nursing home?
You may be aware that nursing home residents suffer abuse at an alarming rate. However, you may not be aware that there are a number of types of nursing home abuse. Emotional abuse in a nursing home is one of the most common ways that abusers target seniors, but it is also one of the most difficult to determine and prove. Learn more about what constitutes emotional abuse and how to determine liability for it here.What is emotional abuse at a nursing home?Emotional abuse is very often verbal, and includes demeaning, intimidating, threatening, and humiliating the victim, e.g., if your loved one wet herself and caregivers mocked or yelled at her for it.In other cases, emotional abuse is nonverbal. For example, a common example of emotional abuse occurs when caregivers ignore or give residents the “cold shoulder.” Others times, caregivers use residents as scapegoats or blame them for things they are not responsible for. Unlike physical abuse, emotional abuse leaves…
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