Plaintiffs plead enough to stay in court. They claimed that the NSA, with the authority of President Bush, intercepted and still stores all communications in the Salt Lake City area during the 2002 Winter Olympics. Amnesty International v. Clapper is … Continue reading →
D.Utah: Ptfs alleged enough to stay in court against NSA sweeping up all calls in SLC during 2002 Winter Olympics
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CA5: Frivolous 4A § 1983 case dismissed on MSJ and not appealed results in attorneys fees for defs
Plaintiffs ran a pawnshop that was searched. They were of “the short-lived reality TV program ‘Cajun Pawn Stars.’” The bought, not pawned, some equipment that turned out to have been stolen, and the police came and searched their pawnshop for … Continue reading →
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New Jersey Supreme Court addresses Miller's application to all serious juve sentencings
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Former State Politician Pleads Guilty To Bribery
The 2017 Maryland legislative session began this week, and one former delegate probably wishes he took part in the opening day festivities. But instead of shaking hands and schmoozing in Annapolis, a former lawmaker from Prince George’s County spent the first part of his New Year inside a Greenbelt courtroom. This week federal prosecutors announced a recently unsealed guilty plea by a former state and local politician who served 10 years as a PG county councilman before being elected to his most recent position as a state delegate in 2014. His stint as a state lawmaker didn’t last long after he unexpectedly resigned just one year after taking office, and now there is a good explanation for the sudden resignation. It turns out that the feds had been investigating the 42-year old Hyattsville man for a few years, and their investigation culminated in the recent guilty plea to conspiracy and bribery. Federal prosecutors revealed that the man had accepted an estimated…
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Derechos fundamentales
El señor Luís Alfonso Morey entusiasta defensor de los Derechos Fundamentales -no escribió: "reconocidos por la Constitución del Estado, ni mencionó ningún Tratado Internacional que los contiene" asumo que fue un olvido no deseado pues la felicidad lo embarga. Por supuesto se trata de dos personas, peruana y mexicana del mismo sexo que se "casaron" en otro País. El señor Morey escribe:"Oscar Ugarteche nos ha dado una lección y está cambiando la historia. Su matrimonio celebrado en México con Fidel Aroche y reconocido por una sentencia en el Perú: COMENTARIO El señor Morey no debe ser Abogado, la sentencia NO reconoce nada, pero bien que lo desea si leemos con atención sus considerandos, el FALLO de la Juez ordena INSCRIBIR un matrimonio celebrado en otro País, NO puede reconocerlo porqué en nuestro País no se legisla sobre…
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Dylann Roof’s quickly-imposed death sentence must not encourage quick death verdicts in other capital cases
Dylann Roof represented himself at his federal capital sentencing trial phase. He put forth no effort to prevent a death sentence, which helps explain how the jury quickly reached a death sentence verdict (within three hours of deliberation) at the sentencing phase The trial judge quickly followed up by the next day with eighteen death sentences and fifteen life sentences. When capital defendants have lawyers advocating for them, hopefully jurors will take more time in deciding whether to recommend the ultimate punishment of death. The refrain might be echoed that if the death penalty were designed for anyone, it was certainly designed for Roof. I answer that the death penalty should be abolished, and not designed for nobody. I also answer that as much as Roof’s massacre was racist and evil, he remains a human being, and if we refuse to recognize the human being in him, we are making less of ourselves and approaching his own dehumanizing ways. Now Roof awaits his state…
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FAQ: Workers’ Compensation Benefits and Fees
Gary G. ProchaskaNearly 50,000 Oklahomans are hurt at work each year. Workers’ compensation is a politically charged subject in Oklahoma, and because of that, rumors and misinformation often make it difficult to understand what’s true and what’s not. Navigating the Oklahoma workers’ comp process is also lengthy and difficult. Gary G. Prochaska has spent his legal career fighting for injured workers. He clears up some misinformation by explaining how workers’ compensation finances work. Q: How much are benefits for temporary total disability? Injured workers can receive up to 70 percent of their weekly income for up to 104 weeks, which is two years. In Oklahoma, the maximum temporary total disability payout is $596.03 a week, for date of accident from November 1, 2016 or thereafter. Q: How much are benefits for permanent partial disability? The amount you are paid for partial impairment depends on your injury or disease. You can receive 70 percent…
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Man Pleads Not Guilty In Redondo Beach Attempted Rape
A man accused of an attempted rape of a 77 year old South Bay woman entered a not guilty plea at Torrance Court on Wednesday. Duncan Aaron Walton is accused of attempting to sexually assault the elderly woman at her Redondo Beach apartment complex before she was able to escape. Police arrested Walton shortly after receiving a 911 call from a neighbor who overheard the struggle. According to the criminal complaint filed by the Los Angeles District Attorney’s Office, Walton is charged with 3 felony charges of kidnapping to commit rape, assault with intent to commit rape, and elder abuse. Walton’s sentencing exposure will be significant if he is convicted as he faces a maximum sentence of life in prison with the possibility of parole on the kidnapping to commit rape allegation under California Penal Code 209, and/or lifetime sex offender registration if his criminal defense attorney is able to secure a sentence of probation. Torrance Criminal Defense Attorneys Since…
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Idaho State Police Asking for Citizen Tips on Crash Near Jerome
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- 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: 01/13/2017 2:13 a.m. Please direct questions to the District Office On Friday, January 13, 2017, at 12:02 a.m., Idaho State Police investigated a crash on I84 at mile marker 168, near Jerome. A white 2009 Nissan Versa, with an unidentified driver, was traveling eastbound on I84 in the left lane. A FedEx semi truck pulling two semi trailers, driven by George A. Gunshore, 53, of Melba, was also traveling eastbound in the right lane. As Gunshore was passing the Nissan, the driver quickly made a lane change into the right lane. The Nissan hit the rear tire on the driver's side of the second semi trailer and upon impact spun into the median. The driver of the Nissan…
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News Roundup
According to a new survey from the Pew Research Center, the nation’s police officers say that “recent high-profile fatal encounters between black citizens and officers have made their jobs riskier, aggravated tensions between police and blacks, and left many officers reluctant to fully carry out some of their duties.” In a survey of more than 8,000 officers, roughly three-quarters of respondents said that they are more reluctant to use force when it is appropriate and a similar number reported less willingness to stop and question people who seem suspicious. While these results are generating headlines, the survey is wide-ranging and includes a variety of information about officers’ experiences in a challenging profession to which an overwhelming majority (96 percent) feel strongly committed. Keep reading for more news. Beyond the Bench. A new episode of the SOG’s Beyond the Bench podcast is available for download. Loyal…
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What the Sharing Economy and Environmental Law Have In Common
Kellen Zale, When Everything is Small: The Regulatory Challenge of Scale in the Sharing Economy, San Diego L. Rev. (forthcoming 2016), available at SSRN. Eric Biber There has been a lot of literature about the so-called “sharing” economy lately, in particular focusing on the conflicts over whether and how that economy will fit within the existing regulatory systems at the local, state, and federal levels. And at first blush, the question of whether Uber drivers should be regulated as taxis or not doesn’t seem to have much of a connection with the standard concerns of environmental law—particularly the regulation of large industrial sources of pollution. But as Kellen Zale’s excellent article points out, the problems that the sharing economy poses to existing regulatory systems are ones that we have seen before, and ones that we will see again. Zale notes that the sharing economy poses regulatory challenges precisely because of its scale of a…
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Tenth Amendment Center: New Mexico Bill Takes on Stingray Spying, Bulk Warrantless Data Collection; Would Also Hinder Some Federal Surveillance Programs
New Mexico Bill Takes on Stingray Spying, Bulk Warrantless Data Collection; Would Also Hinder Some Federal Surveillance Programs: SANTA FE, N.M. (Jan. 12, 2017) – A electronic data privacy bill introduced in the New Mexico Senate would ban the use … Continue reading →
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A Prosecutor’s Privilege
Caleb Mason was making the point that good papers matter. It’s a point that’s been made before, but bears repeating. You can win or lose a case based on the quality of your written submissions to the court—from pretrial motion practice through trial, post-trial motions, and appeal. I can’t exaggerate this point: courts notice good work product. It must be cleanly argued, compliant with formatting and length rules, properly cited, supported by declarations, and directly on point. Many judges, especially in state court, see a steady stream of written filings that are, in a word, half-assed. Producing a high-quality piece of legal writing takes time, effort and skill. We take pride in our written work at Brown White & Osborn LLP. We don’t submit sloppy, half-baked briefs. Good writing gets results. If that firm name sounds familiar, it should. But Caleb’s point isn’t funny or snarky,…
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Texas Public Urination: Take a Leak & Register as a Sex Offender
Dealing With a Charge of Public Urination in Texas It happens too often in the state of Texas. A few friends need to use the bathroom. Every place nearby only lets someone who is a patron use their facilities. A decision is made to relieve themselves in an alley or behind some cars. Doing this may seem to many people like something that is harmless. The laws of Texas see it differently. According to Texas law, if someone is urinating in public, even if done out of the sight of others, they can be charged with indecent exposure. This is covered in section 42.01 of the Texas Penal Code. IF YOU HAVE BEEN CHARGED WITH PUBLIC URINATION IN TEXAS, IT IS IMPORTANT TO RETAIN LEGAL DEFENSE AS SOON AS POSSIBLE. FOR TOUGH, AGGRESSIVE REPRESENTATION, CONTACT THE LAW OFFICE OF BRETT A. PODOLSKY TODAY. Indecent Exposure Any time a person exposes their genitals with disregard for others nearby, it is considered indecent exposure. Texas law also covers indecent exposure as: An individual who…
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Forfeiting Ferraris Fine, Second Circuit Says
What is it about Ferraris? Cops love them. Too much. Sure, they’re “supercars,” and very expensive, though the relative value of a Ferrari to its owner is likely far less than a Toyota Corolla to a working guy without a dime in the bank who needs that car to get to work to feed his kids. And it’s not like they’re really rare, especially not on Long Island. None of this matters to James B. Ferrari, who was driving his Ferrari Modena coupe at speeds up to 100 mph when he was nabbed for drunk driving. The Second Circuit US Court of Appeals upheld the government’s confiscation of James B. Ferrari’s Ferrari in a ruling last week. Officials in Suffolk County, New York had grabbed the 2003 Ferrari Modena coupe, valued at $95,000, after Ferrari was stopped and accused of driving under the influence of alcohol (DUI) on May 26, 2009. A police officer saw the Ferrari allegedly reaching speeds over 100 MPH on South Country Road in Bellport. Ferrari…
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New ACLU report details unique harms of solitary confinement for prisoners with physical disabilities
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NY Man Fails Miserably At Hiding His DUI From The Public
An upstate New York man thought he had concocted the perfect scheme to prevent his neighbors from learning about his DUI arrest, but unfortunately his plan backfired in spectacular fashion. Joseph Talbot, 43, was arrested last Thursday in Wayne County, New York. Although the original story didn’t dive into many details about the arrest, it did note that Talbot called the arresting state trooper an “asshole” and refused to be fingerprinted and photographed because he didn’t want others in the community to learn about his arrest. He was eventually charged with driving while intoxicated. Hiding The DUI Talbot knew that his story and mugshot would likely appear in The Wayne County Times, so he devised a plan to stop his neighbors from reading about his arrest. Talbot tracked down the paper’s delivery man and bought 1,000 copies of the paper at $1.25 a piece. Unfortunately for Talbot, he didn’t account for the papers that were to be delivered to…
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Aggravated Battery on a Police Officer in Chicago
It is a nightmare scenario when a defendant is accused of having injured a police officer in the line of duty. Both the courts and probation office are reluctant to give defendants any benefit of doubt or leeway in such circumstances. The message is clear: You mess with public officials and the public will mess with you by way of aggravated sentencing guidelines. Although such cases are a true test of defense skills, it can certainly help to solidify some of the key aspects of criminal defense. Many trainer attorneys might benefit from handling such a case. The key ingredients of the crime are summarized in the provisions of 720 ILCS 5/12-3.05. Understanding the Crime and its Ingredients It helps to first understand the general crime of battery and then assess the aggravating features in as far as they relate to the current case. First of all, the defense team must take note of the important technicality that battery for these purposes excludes the discharge of a gun. That is…
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Wrong person released from Clay County jail
The wrong woman was released from the Clay County Jail last week. According to an article on Jacksonville.com, Jessica Davis’ family posted her bond for her to be released while her misdemeanor simple battery case is pending. Instead of being released once the bond was processed, Clay County released another woman, Jessica Arnott. Arnott was being held in jail on a pending felony aggravated battery charge in Clay County. The right Jessica was eventually released to her family and the other Jessica was returned to the jail. Jessica Arnott now faces an additional charge of Escape. Escape is a second degree felony punishable by up to fifteen years in prison. When you are arrested in Clay County or anywhere in Florida, you are entitled to be seen by a judge within twenty-four hours. In some cases, you will get issued a bond prior to going to that first appearance. These pre-first appearance bonds are reserved for minor…
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Senator Sessions Vague on Federal Marijuana Enforcement
Out of all of the cabinet appointments that president-elect Donald Trump has made, none is more important to the freedom of the people of Maine than that of Senator Jeff Sessions to the post of Attorney General. That's why his Senate confirmation hearing is so crucial: Listening to what he says he'll do in his role atop the Justice Department provides important clues on what we can expect for the next few years. One of the most important issues that Sessions can talk about is how the federal government will enforce its drug laws. After all, the recent increase of states, including Maine, legalizing marijuana for recreational or medicinal use was based in large part on President Obama's lax enforcement of these laws. If Sessions changes course, it can drastically alter how things are done in our state. Unfortunately, in his confirmation hearing so far, Sessions has been nothing but vague. Where Marijuana Laws Stand, Now Right now, Maine allows people in our state…
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