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RUMPOLE RESOLVES

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Our New Year's Resolutions1) To be a better lawyer (if possible).2) To be a better blogger. ( id.).3) To be nicer to judges (every resolution list should have at least one unattainable item). For those robed readers who need a little love, here is Chief Justice John Roberts praising our over-worked, under-paid, highly-qualified US District Court judges (we mean most of that. Old habits are hard to break.).4) To let all our readers know that if there is one book you should read in 2017, it is Bruce Springsteen's autobiography "Born To Run". Simply amazing.5) More pilates...less sugar...should do the trick.6) Two words that bring a smile to every funny/social commentator: President Trump.7) (removed by blog administrator).Happy New Year one and all.See you in court, but not Tuesday- because remember the number one rule of Rumpole's rules of the practice of law ( (c) Justice Building Blog 2016-17, all rights reserved): NEVER EVER ...repeat- NEVER EVER let…

Child Pornography Attorneys in Las Vegas

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Nevada law enforcement has been cracking down on child pornography in recent years. This is partially due to the prevalence of the Internet and the improved technology that’s available to police. A Las Vegas child pornography attorney understands how easy it is to be innocently caught up in one of these cases. If you have been accused of a child pornography sex crime in Nevada, then you need skilled legal counsel to protect you. Like all other states, Nevada takes child pornography extremely seriously. That’s why multiple laws like NRS 200.710, NRS 200.720 and others exist. Authorities are trying to put an end to the production, promotion and possession of child pornography, which is labeled as an “intent crime” by Nevada law. Accordingly, a criminal defense attorney would have to show that the accused lacked intent. For the prosecutor to prevail in a child pornography case, they must be able to show that the accused knowingly participated in the…

Evidence v. “Enlightenment”: The Unfairness Of It All

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Good friends have informed me that I’m unfair. Mea culpa. They tell me I hold progressives to a higher standard of logic than the groundlings who have gone conservative. By “groundlings,” I don’t intend to be insulting, but rather lack a better descriptor. I mean working people, those for whom feeding the kids, hard work, banal concerns such as how they’re going to pay the rent, are foremost on their minds. In fairness, there’s a sound reason for this. The leading voices of progressivism enjoy the privilege of greater education, the comfort of knowing where their next meal is coming from, the joy of having the opportunity of basking in Abe Maslow’s self-actualization. They can afford to complain about paper cuts because they don’t have to worry about losing their legs. The groundlings, on the other hand, are by no means stupid, as one would realize if one would only listen to them. But progressives too often don’t, even if…

And The 2016 Jdog Award Goes To…

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Last year, I queried whether there would be an 8th Annual Jdog award. This marks the 7th year of the Best Criminal Law Blawg Post, and there was a very serious question of whether the crim law blawgosphere would have the legs to make it this far.  So many of the blawgs that existed when the contest began have since gone dormant that it seemed, at the time, that there would be little left from which to choose. As it turns out, there is not only life remaining in the criminal law blawgosphere, but some damn fine writing out there, as reflected in the nominations (as well as some truly excellent criminal law blogs that, inexplicably, didn’t muster a nomination but are still doing great work). The same was true this year, but a different issue arose. While the problem with criminal law blawgs fading into the sunset was disturbing, and for those of you who wondered why Fault Lines exists, you might want to noodle this a bit, this year was shy of nominations.  …

Update: Crash blocking lanes westbound I84 in Nampa

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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: 01/01/2017 8:55 a.m. Please direct questions to the District Office *****UPDATE***** On Sunday, January 1, 2016, at approximately 1:42 a.m., Idaho State Police investigated a three vehicle fatality crash, westbound Interstate 84 at milepost 31, in Caldwell. Ricardo N. Sanchez, 37, of Caldwell, was traveling westbound in a 2000 Plymouth Neon when he struck the median guardrail and came to rest partially in the left lane where he exited his vehicle. James E. Harrell, 48, of Middleton, was traveling westbound in a 2011 Ford F250 when he stopped on the right shoulder, and exited his vehicle to assist Sanchez. Deacon S. Baker, 22, of Meridian, was also traveling westbound in a…

Chief Justice extols the work of federal district judges in traditional year-end report

Any astute thoughts about the sentencing year that was or the year that will be?

Interpol operation seize counterfeits worth Rwf140 million – The New Times | Rwanda

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Counterfeit and illicit goods including pharmaceuticals, cosmetics and alcoholic drinks valued at over Rwf140 million have been seized in an operation conducted by Rwanda National Police (RNP). Source: Interpol operation seize counterfeits worth Rwf140 million – The New Times | RwandaFiled under: Interpol Red Notice Removal Attorneys - McNabb Associates

Free Speech Isn’t Free If There’s A Price

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William Laurence Stanley left an unflattering review on Yelp about a mergers and acquisitions company, Generational Equity. For his efforts, he was convicted of a crime. He argues that his conviction violates his First Amendment rights. Stanley, 54, says he was exercising his right to free speech and that everything he wrote about the company is true. He vowed to seek a trial and mount a First Amendment defense. “This is America and you cannot shut up someone that is speaking the truth,” Stanley wrote The Dallas Morning News from prison via an email service. Outrageous? Well, not so fast. William Laurence Stanley was charged on Dec. 6 in federal court in Dallas with a crime for his blog posts about Generational Equity, a Dallas merger and acquisitions company he once did work for. That’s because Stanley was convicted last year of extorting the company. Stanley had threatened to ruin the firm’s reputation by flooding the internet with false…

Varghese Summersett PLLC Welcomes New Associates

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Rachel Taft and Deborah Bankhead We are pleased to begin 2017 with the announcement of two new Associates at Varghese Summersett PLLC: Rachel Taft and Deborah Bankhead. Both Rachel and Deborah joined the firm as interns and during that time impressed the Partners with their unique skill sets and their remarkable talent to get things done. Rachel will work primarily on federal criminal defense cases and Deborah will focus on state criminal defense cases. We are excited to bring them into the fold. Join us in welcoming Rachel and Deborah. Rachel TaftDeborah Bankhead The post Varghese Summersett PLLC Welcomes New Associates appeared first on Fort Worth Criminal Defense Attorneys, DWI Lawyers, Sexual Assault and Federal Criminal Defense Lawyers.

The Customs and Border Patrol Officer, the Search and Unauthorized Access

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This post examines an opinion from the Court of Appeals of Michigan:  People v. Glenn, 2016 WL 2731098 (2016). The court begins the opinion by explaining thatDefendant appeals by right his conviction, following a jury trial, of unauthorized access of a computer, [Michigan Compiled Laws] 752.795(a). Defendant was sentenced to two years' probation. We affirm.People v. Glenn, supra.The Court of Appeals goes on to explain how and why the prosecution arose, what it involved and why Glenn was convicted:Defendant, an officer with the United States Customs and Border Patrol (CBP), worked at the Canada–United States border in Detroit, Michigan, during the relevant year of 2013. On January 11, 2013, Amanda Shovlin, with whom defendant had a personal relationship, crossed the border from Canada into the United States, but was detained for secondary inspectionprior to entry.Defendant was not at work that day, but returned to work on January 14, 2013. Video surveillance…

University of Michigan Football Player Allegedly Touches Woman Inappropriately, Faces Two Counts of CSC

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Recently it was reported that Grant Perry, a wide receiver for the University of Michigan football team from Royal Oak was arrested after allegedly touching a woman in an inappropriate manner as Perry and the woman were in line waiting to enter an East Lansing bar.  The incident reportedly occurred on October 15.  Perry, who is 19 years old, was charged with a single count of underage drinking, two counts of criminal sexual conduct, and one count of assaulting, battering, resisting or obstructing an officer. December 29th news reports reveal Perry denied that he sexually assault the woman.  The incident took place at a bar and restaurant locating in East Lansing, Lou & Harry’s, where witnesses said Perry and two other men tried to cut in line while approximately 20 or 25 others waited outside of the establishment.  One officer reported that after requesting Perry’s identification, he fumbled through his wallet and attempted to run away before…

How Houston police officers are (not) held accountable for bad shoots

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The Houston Chronicle's Lise Olsen and her colleague James Pinkerton have been pulling back the curtain on Houston PD police shootings over the past year. We've known for a while that HPD officers are almost never indicted for shooting people no matter what the circumstance, even when the officers' story blatantly contradicts known facts. Now we know that Houston officers are rarely disciplined in such cases, even when grave errors lead to deaths of unarmed victims. From Olsen's 12/29 story:Only five of 40 cases involving police shootings of unarmed individuals since 2010 have resulted in disciplinary action against officers after police chiefs found that they violated policy, a new Chronicle analysis shows. None of the officers were criminally charged, and none of the disciplinary actions were announced to the public. Because the department's internal affairs probes are cloaked in confidentiality, the analysis required cross-matching data from the…

Ayo and Iken 2016 Year in Review

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Ayo and Iken 2016 Recap It has been a fascinating year for our exciting team of attorneys who have challenged themselves on many fronts for their clients. They have tackled it all from a groundbreaking same-sex marriage case to a heart-wrenching fight for the safety of a teenage boy. We even had two of our clients get married on the front porch of our Tampa office due to their affection for one of our star attorneys; the story is below. I hope you enjoy the highlights of an amazing year at our firm and make your way to the bottom of this recap for some key advice from our legal team:   Cases in the Spotlight:   Ayo & Iken New Port Richey Attorney Allison Belcher won a major victory in the cutting edge legal area of same-sex marriage in Florida by securing parental rights for a client. In October, a local judge sided with Attorney Belcher saying: “This is arguably the same as when one party of the marriage has an affair and becomes…

HMA Law: 2016 Year In Review

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It has been a fulfilling and eventful 2016 at the HMA Law Firm! In our main office in Northern Virginia:We represented approximately 350 people in complex matters ranging from asylum to employment-based immigration, citizenship, and criminal immigration matters.We advised nearly one thousand other people, providing them with case-specific advice that helped them navigate the US immigration system and avoid pitfallsWe provided over 200 hours in pro bono immigration legal services, including a week spent in Dilley, Texas advising women and children asylum seekers from Central AmericaWe contributed 10 op-eds in papers around the country such as The Hill, Counterpunch, and The Progressive.We were quoted 7 times by national media including The Washington Post, CNN, and BBC News.We presented at 5 seminars before immigration professionals and the general public, including the Federal Bar Association, the American Immigration Lawyers Association, and the…

Man Allegedly Runs Over Self Outside Strip Club While Drunk

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According to a recent news article from the New York Post, a man allegedly fell out of the pickup truck he was driving outside of a strip club in Orlando, Florida and was then run over by his own vehicle.  This was all caught on a security camera outside of the strip club, according to a statement by police. The 28-year-old can be seen leaving the strip club at around 2 a.m. and getting into his vehicle to drive away.  Allegedly fearing that he was too intoxicated to drive home, a club security guard attempted to stop him from leaving.  He is seen accelerating and making a hard right turn, as he attempted to leave the parking area, and he was then ejected from the truck at this point. Once he was on the ground, the truck kept moving and ran over his legs. The truck kept traveling until it crashed into a home that was nearby the strip club, and club security dialed 911.  When first responders arrived on the scene of this alleged drunk driving accident, they…

Understanding why Dylann Roof will not present penalty phase evidence at his capital trial

News Scan

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Last Ditch Efforts Incoming: This Tuesday during the 5 minute recess between the close of the 114th US Congress, and the opening of the 115th, President Obama will have the opportunity to make some last minute appointments to federal judgeships which may include appointing a justice to the supreme court. Stephen Dinan at the Washington Times reports during this five minutes, congress will enter what is known as "intersession recess" which would open the opportunity for Obama to exercise his power to make recess-appointments. Legal scholars are saying that this would be a risky move for POTUS given the 1 year term limit for individuals appointed in such a way. New Year Shootings: At the dawn of 2017, we see yet another group of shootings in which police officers are left injured in the line of duty. In Oklahoma City, an officer has been shot in the leg and remains in critical condition according to Lorne Fultonburg of KFOR news. Another police officer was shot in…

Case o' The Week: Ninth Bangs on Rusty Shields -- Shields and "Duty to Disclose" Instructions in Wire Fraud Cases

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 Rusty Shields offers some protection for "omission" theory, wire fraud cases.   United States v. Melvin Russell "Rusty" Shields, 2016 Westlaw 7384022 (9thCir. Dec. 21, 2016), decision available here.Players: Decision by Judge M. Smith, joined by Judge Tashima and District Judge Korman. Hard-fought appeal by ND Cal CJA colleagues Erick Guzman and Ethan Balogh.  Facts: Shields and co-D Sims were charged with wire fraud relating to real estate. Id. at *1. Funds were solicited for Arizona and Florida projects, with promises of safe and secure investments. Investments, however, were actually diverted to other projects. Id.   The jury was not instructed that it had to find that the defendants had a duty to disclose omitted information. (And the defense didn’t object at that failure to instruct). Id. at *2. Both men were convicted after trial. Id. at *1.  Issue(s): “Defendants argue that their wire fraud convictions…

Ms. Saunders Goes to Washington

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Debra Saunders has long been the resident person of sense (singular) on the opinion pages of the San Francisco Chronicle.  I have called her the SF Chrontrarian, and we have quoted her columns many times on this blog.Debra is moving to the Las Vegas Review-Journal, and she is going to Washington as that paper's White House correspondent.  We at CJLF congratulate her and wish her well in the new gig, though we will miss her in California.
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