Via Blog at the Legal Times, the Department of Justice has filed this brief seeking to prevent an Office of Legal Counsel memo of advice to the FBI on electronic surveillance from being released to the Electronic Frontier Foundation.
The DOJ...
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DOJ Asks Court to Keep Secret Legal Advice Memo on Surveillance
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SHOULD OHIO HAVE IMMEDIATE TRIALS FOR O.V.I./D.U.I?
There is little tolerance for drunk driving in Mumbai, India. Like Ohio, the penalty for a first D.U.I. offense in India is up to six months in jail. Unlike Ohio, the legal limit for blood alcohol content in India is .03 (Ohio's is .08), and there is no plea bargaining. In the month of March, Mumbai traffic police charged 3,727 people with D.U.I. The traffic police recently requested the creation of mobile courts, according to an article in The Times Of India. If the request is granted, magistrates will hear D.U.I. cases at those mobile courts, and the trial will take place immediately.
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Police like the idea of having trials immediately after the offense allegedly occurs. One officer said, "If the proposal gets a green signal, the magistrate can hear out the prosecutor as well as the offender on the spot and the verdict will come out much sooner. The current system, where the offender has to appear before court the next day, will end." The officer went on to say, "The offender can put forth his grouses, such as having consumed alcohol within permissible limits, without any delay. The disposal of cases would be speedier."
The disposal of cases would, in fact, be 'speedier', but would it fair? In the United States, the mobile courts and immediate trials would not fit with our system of justice. Although the defendant in a mobile court case would be afforded a trial, the defendant would be denied many of the rights that make a trial fair. The defendant would not have a trial by a jury of his peers and would instead have a trial by magistrate for a 'speedier' verdict. In addition, the defendant would not have the opportunity to subpoena witnesses to testify at the trial.
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Police like the idea of having trials immediately after the offense allegedly occurs. One officer said, "If the proposal gets a green signal, the magistrate can hear out the prosecutor as well as the offender on the spot and the verdict will come out much sooner. The current system, where the offender has to appear before court the next day, will end." The officer went on to say, "The offender can put forth his grouses, such as having consumed alcohol within permissible limits, without any delay. The disposal of cases would be speedier."
The disposal of cases would, in fact, be 'speedier', but would it fair? In the United States, the mobile courts and immediate trials would not fit with our system of justice. Although the defendant in a mobile court case would be afforded a trial, the defendant would be denied many of the rights that make a trial fair. The defendant would not have a trial by a jury of his peers and would instead have a trial by magistrate for a 'speedier' verdict. In addition, the defendant would not have the opportunity to subpoena witnesses to testify at the trial.
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Tamerlan Tsarnaev is Buried, Time to Move On
Tamerlan Tsarnaev is buried in Richmond, Virginia. Get over it. The protests are nothing more than rank bigotry.
“He’s a Muslim. We don’t need that here,” Margaret Stevens, a 68-year-old-retiree, said.
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Orange County Officer arrested for DUI Charge
Orange County, CA - Off-duty Orange County Officer Kevin Meyer was involved in an alcohol related accident late Sunday evening, according to Florida Highway patrol. Meyer, 50, who is a Sergeant in the Orange County Sheriff's Department was arrested on...
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Friday Open Thread
O.J. Simpson could get a new trial in his Nevada case. Hearing next week.
This is an open thread, all topics welcome.
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Girvan et al. on Peremptory Challenges for Personality Traits
Erik James Girvan , Robert J. Cramer , Caroline Titcomb , Tess M.S. Neal and Stanley Brodsky (University of Oregon School of Law , Sam Houston State University , University of Alabama , University of Massachusetts at Worcester - University...
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Crash State Highway 50 @ 4.7 Jerome County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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IDAHO STATE POLICE NEWS RELEASE
District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000
Fax (208) 324-7897
For Immediate Release: 05/10/13 04:05 p.m.
Please direct questions to the District Office
On May 10, 2013, at approximately 11:46 a.m., the Idaho State Police investigated a two-vehicle property damage crash on State Highway 50 near milepost 4.7, near Hansen, in Jerome County.
Terry Aldrich, 20, of Heyburn, ID, was driving a 2002 Ford pickup pulling a trailer. Dallas Edwards, 18, of Jerome, ID was traveling northbound in a 1997 Geo Metro. Terry was turning southbound off 182 off ramp of Interstate 84 when he failed to yield to Dallas and struck his vehicle. One lane of travel was partially blocked for approximately two hours.
Both parties were wearing their seatbelts.
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NM - Some APS schools have sex offender detectors
People could potentially re-offend, but the facts are that most ex-sex offenders do not!© 2006-2013 | Sex Offender Issues
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AL - Derek Logue discusses how he feels the Alabama Sex Offender Registry is broken
Video Description:Derek Logue discusses how he feels the Alabama Sex Offender Registry is broken and how he feels a simple mistake of youth destroyed his life.© 2006-2013 | Sex Offender Issues
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First Mother's Day Home
Last winter, after 30 years of wrongful imprisonment, George Allen returned home to his mother's house in St. Louis, Missouri. Innocence Project Attorney Olga Akselrod asked him what he most looked forward to about life in the free world, and he responded that he wanted to help his mother and take care of her. "They have a beautiful bond," says Akselrod.
Allen's mother, Lonzetta Taylor, "81 years young," fought tirelessly for Allen's exoneration and provided a constant source of strength and support. When he was finally freed, in November 2012, he walked into the courtroom and went immediately to embrace her. She told reporters, "I hadn't touched him in years. We've always spoken behind a glass. There are no words that could describe how that felt."
Then he moved in with her. She says, "Everybody was just so glad to see him and glad he was coming home, but I didn't know how he would accept the fact that he was coming to this house. I didn't know how he would adjust to the neighborhood because there's been a lot of changes."
Mother and son had changed over the years, too. "What I didn't realize," she says, "was that George was getting up at four in the morning because that's what he did in prison. I wasn't getting enough sleep. Then, I realized that I have to adjust to him, and he has to adjust to me."
For more about George's case.
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Child Sexual Assault Public Awareness Spot by Kelsey Jones
The best way to prevent sexual abuse is to talk to your kids, teach them about good touch / bad touch and what to do if they are ever touched in a sexual way, and educating them in schools, not mass hysteria and disinformation in order to get voted into office or get money for your organization.
Learn the facts about sex offender re-offense rates and other myths & facts.© 2006-2013 | Sex Offender Issues
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Muehlmeyer on Modifying Blockburger's Abstract Elements Test
Justin Roth Muehlmeyer has posted Losing the Polestar of Legislative Intent in Double Jeopardy Multiple Punishment: Adopting a Modification to Blockburger’s Abstract Elements Test on SSRN. Here is the abstract: As the United States Supreme Court continues to apply Blockburger...
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A Gang By Any Other Name
In days of yore, Shakespeare asked, “What diff does it make what you call them?” Well, actually what he said was: ’Tis but thy name that is my enemy; Thou art thyself though, not a Montague. What’s Montague? it is nor hand, nor foot, Nor arm, nor face, nor any other part Belonging to a [...]
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"DOJ Asks D.C. Circuit to Keep Surveillance Law Memo Secret"
From the Blog of LegalTimes: The Justice Department wants to keep secret an internal legal memo that addresses the scope of the authority under which the FBI can seek records from telecommunications companies. DOJ lawyers have asked the U.S. Court...
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Celebrity Pasadena DUI News: Cat Cora Arrest Videos Surface: Host Makes Fun of “Two Nerds” She Hit While DUI
We've covered some pretty hairy and scary Pasadena DUI mug shots on this blog. ![cat-cora-video-dui-pasadena-defense-attorney.jpg]()
Even if you've been hiding under a rock over the past decade, you likely still remember Nick Nolte’s grizzled DUI visage from several years ago. He looked like he had just gotten out of bed.
On the other end of the spectrum, you probably also remember Cat Cora’s humdinger of a mug shot from last year. The host of Iron Chef and “Around the World in 80 Plates” got stopped for DUI in Santa Barbara last July, after she bumped another vehicle from behind.
Her unusually gorgeous mug shot likely made the folks at TMZ literally dizzy with excitement over how many website hits they would get. Even though Cora said she only consumed three beers before she got behind the wheel, breathalyzer test results found her BAC to be a whopping 0.19%. Just for comparison: The legal limit for Pasadena DUI is 0.08% BAC, as defined by California Vehicle Code Section 23152 (b).
Maybe Cora miscounted her beers. Or maybe her breathalyzer test had been off.
In any event, she later apologized for what happened in a statement: “I deeply regret my decision to drive that evening, after my designated driver became unavailable. I learned a very important lesson from this experience and take full accountability for my actions.”
That sober, reflective Cora was very different from the Cora that surfaced recently in a video taken right after the crash. The people inside the car that Cora hit shot some crazy footage of Cora, who apparently glibly dismissed their request for insurance information. “Just because I bumped your car?” she asked, indignantly.
She didn't stop there:
"I'm being videotaped by two nerds who don't want to go have dinner together ... do something exciting with their lives ... really ... wow ... sad."
This kind of over-the-top reaction is surprisingly common in DUI cases in Pasadena and elsewhere. It’s not that offenders want to get into more trouble or hassle people. It’s that they are scared, confused, and emotionally ginned up. If, like Cora, you said or did "bad things" after your stop, do the right thing now and start researching effective legal help as soon as you can.
Michael Kraut of Pasadena’s Kraut Law Group is here to help you gather yourself, make sense of the charges, and resolve your stresses, anxieties, and concerns. Get in touch with Mr. Kraut and his responsible Pasadena DUI legal defense team today for much needed peace of mind.
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Even if you've been hiding under a rock over the past decade, you likely still remember Nick Nolte’s grizzled DUI visage from several years ago. He looked like he had just gotten out of bed.
On the other end of the spectrum, you probably also remember Cat Cora’s humdinger of a mug shot from last year. The host of Iron Chef and “Around the World in 80 Plates” got stopped for DUI in Santa Barbara last July, after she bumped another vehicle from behind.
Her unusually gorgeous mug shot likely made the folks at TMZ literally dizzy with excitement over how many website hits they would get. Even though Cora said she only consumed three beers before she got behind the wheel, breathalyzer test results found her BAC to be a whopping 0.19%. Just for comparison: The legal limit for Pasadena DUI is 0.08% BAC, as defined by California Vehicle Code Section 23152 (b).
Maybe Cora miscounted her beers. Or maybe her breathalyzer test had been off.
In any event, she later apologized for what happened in a statement: “I deeply regret my decision to drive that evening, after my designated driver became unavailable. I learned a very important lesson from this experience and take full accountability for my actions.”
That sober, reflective Cora was very different from the Cora that surfaced recently in a video taken right after the crash. The people inside the car that Cora hit shot some crazy footage of Cora, who apparently glibly dismissed their request for insurance information. “Just because I bumped your car?” she asked, indignantly.
She didn't stop there:
"I'm being videotaped by two nerds who don't want to go have dinner together ... do something exciting with their lives ... really ... wow ... sad."
This kind of over-the-top reaction is surprisingly common in DUI cases in Pasadena and elsewhere. It’s not that offenders want to get into more trouble or hassle people. It’s that they are scared, confused, and emotionally ginned up. If, like Cora, you said or did "bad things" after your stop, do the right thing now and start researching effective legal help as soon as you can.
Michael Kraut of Pasadena’s Kraut Law Group is here to help you gather yourself, make sense of the charges, and resolve your stresses, anxieties, and concerns. Get in touch with Mr. Kraut and his responsible Pasadena DUI legal defense team today for much needed peace of mind.
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DUI Defendant Gets New Trial Following Juror Misconduct
A judge in Florida ruled that a wealthy polo tycoon, previously found guilty of DUI manslaughter and sentenced to 16 years in prison, will be given a new trial.
The reason had to do with misconduct on behalf of a juror, who had gone as far as to conduct his own intoxication tests at home during the trial and had also lied about his past during jury selection. ![gavel5.jpg]()
Our Birmingham DUI defense attorneys recognize that such second chances are rare. Improprieties on behalf of jurors are not as uncommon as one might think, but the due diligence required to catch them won't usually come with dumb luck. An experienced legal defense team is your best armor against this kind of scenario - especially because most defendants aren't fortunate enough to be granted another trial.
As the judge ruling in this case stated, the defendant was entitled to a fair trial - not a perfect one. However, the conduct of this particular juror had rendered the case a "constitutionally impermissible proceeding."
While we would tend to view the at-home intoxication experiment of this juror to be perhaps the most egregious violation, as it essentially equates to entry of additional evidence not approved by the court, the judge decided that alone wouldn't have been enough to grant a new trial. Rather, it was the cumulative effect of all the juror's actions that warranted the case being retried.
The 69-year-old juror reportedly wanted to get on the jury because it was a high-profile case. The prominent defendant had reportedly struck a 23-year-old recent college graduate one night after downing several drinks at a local country club.
As such, the juror is alleged to have concealed information about a DUI conviction his ex-wife had received several years earlier, while he was married to her. He reportedly had a stroke and divorced his wife soon after learning she was having an affair with someone she met in the DUI program.
Then during the trial, the juror reportedly downed the same number and type of drinks consumed by the defendant on the night in question, in order to determine if he was intoxicated. The juror determined that in fact he was intoxicated by consuming that amount - failing to take into account that numerous factors such as weight, height, age, gender and alcohol consumption frequency can all play a role in one's level of intoxication - even when the same type and amount of drink is consumed.
Still, the court might not have known about any of this - but for a book penned by the juror after the end of the trial. Now, it's not illegal for a juror to write about their experiences once the trial is concluded. However, the fact that he lied to get on the jury and then later profited from having done so makes his judgment in the case highly questionable.
All this of course is no guarantee that the defendant will be absolved, but it does at least give him a shot. Having the benefit of knowing what tactics worked and what did not in the first trial will serve to help his lawyers moving forward in the next case. More than likely, though, both sides will negotiate a plea deal in an effort to avoid the cost and attention of another high-profile trial.
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Our Birmingham DUI defense attorneys recognize that such second chances are rare. Improprieties on behalf of jurors are not as uncommon as one might think, but the due diligence required to catch them won't usually come with dumb luck. An experienced legal defense team is your best armor against this kind of scenario - especially because most defendants aren't fortunate enough to be granted another trial.
As the judge ruling in this case stated, the defendant was entitled to a fair trial - not a perfect one. However, the conduct of this particular juror had rendered the case a "constitutionally impermissible proceeding."
While we would tend to view the at-home intoxication experiment of this juror to be perhaps the most egregious violation, as it essentially equates to entry of additional evidence not approved by the court, the judge decided that alone wouldn't have been enough to grant a new trial. Rather, it was the cumulative effect of all the juror's actions that warranted the case being retried.
The 69-year-old juror reportedly wanted to get on the jury because it was a high-profile case. The prominent defendant had reportedly struck a 23-year-old recent college graduate one night after downing several drinks at a local country club.
As such, the juror is alleged to have concealed information about a DUI conviction his ex-wife had received several years earlier, while he was married to her. He reportedly had a stroke and divorced his wife soon after learning she was having an affair with someone she met in the DUI program.
Then during the trial, the juror reportedly downed the same number and type of drinks consumed by the defendant on the night in question, in order to determine if he was intoxicated. The juror determined that in fact he was intoxicated by consuming that amount - failing to take into account that numerous factors such as weight, height, age, gender and alcohol consumption frequency can all play a role in one's level of intoxication - even when the same type and amount of drink is consumed.
Still, the court might not have known about any of this - but for a book penned by the juror after the end of the trial. Now, it's not illegal for a juror to write about their experiences once the trial is concluded. However, the fact that he lied to get on the jury and then later profited from having done so makes his judgment in the case highly questionable.
All this of course is no guarantee that the defendant will be absolved, but it does at least give him a shot. Having the benefit of knowing what tactics worked and what did not in the first trial will serve to help his lawyers moving forward in the next case. More than likely, though, both sides will negotiate a plea deal in an effort to avoid the cost and attention of another high-profile trial.
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Los Angeles SSDI Lawyers Support Lupus Awareness Month
May is Lupus Awareness Month, and Los Angeles Social Security Disability Insurance Lawyer Vincent Howard of HOWARD LAW is dedicated to helping to raise awareness about this mysterious and devastating condition, for which there is no known cause or cure. ![shadowsonthebeach.jpg]()
The Mayo Clinic explains that lupus is a type of immune system disease characterized by chronic inflammation. It's basically a condition whereby your immune system attacks your own organs and tissues. It could affect a number of different body systems simultaneously, including skin, joints, blood cells, kidneys, lungs, heart and even the brain.
It's tough to diagnose because many of the symptoms are so similar to other kinds of conditions. Additionally, lupus has many different variations, and it tends to affect people differently.
In fact, no two case of lupus are going to be exactly alike.
Some of the more common symptoms might include:A rash shaped like a butterfly on the cheeks and bridge of nose;Joint pain and swelling;Lesions on the skin that get worse with exposure to the sun;Toes and fingers that turn white when stressed or when cold;Chest pain;Shortness of breath;Dry eyes;Fever or fatigue;Memory loss, headaches and confusion.
The condition tends to be more common in women, African Americans, Asians and Hispanics. Usually, people receive a diagnosis between the ages of 15 and 40.
Not everyone is going to be considered disabled solely by virtue of a lupus diagnosis, but often, diagnosis is the first step in the process of applying for disability.
The administration addresses lupus in Section 14.02. Specifically, reviewers are going to be looking at whether your condition meets the following criteria:Does it involve two or more organs or body systems, one of those with at least a moderate level of severity and two constitutional signs or symptoms such as fever, involuntary weight loss, severe fatigue or malaise? Does it involve repeated manifestations with at least two of those constitutional signs or symptoms mentioned earlier, as well as accompanied by limitations of daily living activities, social functioning and/or troubles with completion of tasks due to struggles with pace, persistence or concentration?
If this sounds familiar, there is a good chance you will qualify for SSDI benefits for your lupus.
However, even if you don't exactly meet this criteria, our skilled disability lawyers can help you determine if there are other ways you might be eligible. For example, even if you don't meet this exact definition, we might be able to show that your ability to function at work has been so significantly diminished as to render you disabled.
In a lot of cases also, people with lupus may also be struggling with multiple health problems. So while this one condition alone may not qualify you for disability benefits, the effect of these conditions combined means you will be unable to work.
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The Mayo Clinic explains that lupus is a type of immune system disease characterized by chronic inflammation. It's basically a condition whereby your immune system attacks your own organs and tissues. It could affect a number of different body systems simultaneously, including skin, joints, blood cells, kidneys, lungs, heart and even the brain.
It's tough to diagnose because many of the symptoms are so similar to other kinds of conditions. Additionally, lupus has many different variations, and it tends to affect people differently.
In fact, no two case of lupus are going to be exactly alike.
Some of the more common symptoms might include:A rash shaped like a butterfly on the cheeks and bridge of nose;Joint pain and swelling;Lesions on the skin that get worse with exposure to the sun;Toes and fingers that turn white when stressed or when cold;Chest pain;Shortness of breath;Dry eyes;Fever or fatigue;Memory loss, headaches and confusion.
The condition tends to be more common in women, African Americans, Asians and Hispanics. Usually, people receive a diagnosis between the ages of 15 and 40.
Not everyone is going to be considered disabled solely by virtue of a lupus diagnosis, but often, diagnosis is the first step in the process of applying for disability.
The administration addresses lupus in Section 14.02. Specifically, reviewers are going to be looking at whether your condition meets the following criteria:Does it involve two or more organs or body systems, one of those with at least a moderate level of severity and two constitutional signs or symptoms such as fever, involuntary weight loss, severe fatigue or malaise? Does it involve repeated manifestations with at least two of those constitutional signs or symptoms mentioned earlier, as well as accompanied by limitations of daily living activities, social functioning and/or troubles with completion of tasks due to struggles with pace, persistence or concentration?
If this sounds familiar, there is a good chance you will qualify for SSDI benefits for your lupus.
However, even if you don't exactly meet this criteria, our skilled disability lawyers can help you determine if there are other ways you might be eligible. For example, even if you don't meet this exact definition, we might be able to show that your ability to function at work has been so significantly diminished as to render you disabled.
In a lot of cases also, people with lupus may also be struggling with multiple health problems. So while this one condition alone may not qualify you for disability benefits, the effect of these conditions combined means you will be unable to work.
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Open-file bill named for Michael Morton scheduled for Monday floor vote in TX House
The one-sided criminal discovery bill requiring open files of prosecutors - SB 1611 by Duncan/Ellis, the so-called "Michael Morton Act," carried in the House by Rep. Senfronia Thompson - has been set for a vote on the floor of the Texas House of Representatives on Monday. A couple of prosecutors opposed the bill in committee and some of the same folks have been grousing about it online. But that didn't stop the House Judiciary and Civil Jurisprudence Committee from recommending it unanimously. For the most part, the DAs have reined in most of the usual critics and the Harris County DA's decision to support the bill went a long way toward dispelling allegations that it's soft on crime. Without question, this is the most significant criminal-justice legislation of the 83rd Texas Legislature.Also up on Monday's House floor calendar: SB 825 by Whitmire eliminating secret "private" sanctions by the state bar for sustained grievances against prosecutors for Brady violations. This bill was also pitched as an homage to Michael Morton so one would expect the man of the season to be on hand for the festivities.Grits had earlier recommended both these bills for speedy passage so I'm glad to see them prioritized.
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"We Are Not Radicals"
. . . writes proud, defiant member of the Group of 88.In his co-authored op-ed, and after implying that his conduct might somehow be comparable to the brave civil rights activists who participated in the Greensboro sit-ins, Group leader William Chafe runs through a litany of policies that prompted him to violate the law. A couple of the issues that Chafe raises--dealing with efforts of the North Carolina state legislature to restrict the right of predominantly Democratic constituencies (students, minorities) to vote--might rise to the level of potential subjects for civil disobedience, dealing as they do with fundamental rights.But Chafe comes across as the work of a figure more interested in play-acting as a 1960s radical than in actually influencing policy. He suggests that he was protesting not merely these voting rights issues, but North Carolina's political leadership's decision to reduce taxes on the wealthy. He also decided to break the law because North Carolina leaders made a policy choice that Associate Justice Elena Kagan deemed constitutional and declining federal funds to expand Medicaid. And he believed that he could place himself above the law because he knows better than North Carolina's elected government on whether to make a policy choice that former associate justice David Souter deemed constitutional and imposing some restrictions on abortion. A . . . distinguished . . . professor deems these policy choices to be grounds for civil disobedience?The Chafe argument, summarized: unless a government elected by a majority of the voters enacts the policy agenda of the minority party (with which he happens to agree), he will engage in civil disobedience.We live in a representative democracy. The state's Republican governor and GOP-led legislature ran on a platform of lowering taxes on the wealthy. If Chafe considers this policy so unappealing, perhaps he should devote himself to using his way with words to persuade a majority of his state's fellow citizens, rather than resort to breaking the law.And imagine how Prof. Chafe would have reacted if Tea Party types had engaged in civil disobedience to demand higher taxes on the poor, or had screamed at women trying to access an abortion clinic. Somehow I doubt that he would have compared the Tea Partiers to a modern-day version of the Greensboro Four.An aside: in what way does Chafe's past status as a president of the Organization of American Historians argue against deeming him a "radical"?
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Hightstown man arrested in child pornography case
Fredy Arbito, of Hightstown, NJ, will face additional charges of producing sexually explicit videos and images. At a hearing in federal court in Trenton, Assistant U.S. Attorney Joseph Gribko said Arbito will be charged with production of child pornography. “There are more victims than just the one victim charged in the complaint whom Mr. Arbito […]![]()
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