As it is in other states, domestic violence is considered a particularly serious offense. NRS 200.485 defines “battery domestic violence” and outlines the consequences for someone who is convicted under this law. If you have been charged in Las Vegas under NRS 200.485, then you need the assistance of an experienced Nevada domestic violence attorney. Domestic violence charges are among the most common throughout the state of Nevada. They nearly always arise under emergency circumstances. That is, one person calls the police, alleging that they have been the victim of domestic violence. Sometimes, this is true. Other times, the accused is innocent of the crime. It’s very easy for one person to falsely accuse another of committing domestic violence. While it isn’t easy to prove otherwise, it is possible to do so with a competent Las Vegas domestic violence lawyer. The law defines domestic violence as slapping, punching or strangling a spouse or significant…
Domestic Violence Charges in Las Vegas
↧
↧
Idaho State Police to award Silver Stars and Certificate of Appreciation for Heroism
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- 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 The Idaho State Police will be awarding two Silver Stars for Heroism and a Certificate of Appreciation for Heroism today, January 13th, 2017. The media and members of the public are invited to attend both ceremonies. On Friday January 13th at 11:45 a.m, The Idaho State Police will award a Certificate of Appreciation for Heroism to Dwight Bailey of Spokane, for the lifesaving actions he took on June 13th, 2016. Mr. Bailey assisted in saving a female?s life on I90 near milepost 2, Pleasantview in Post Falls. The award will be presented on Friday, January 13th at…
↧
VETERANS COURT KICK-OFF TODAY
New Veterans Court cuts the ribbon TODAY- Friday- Courtroom 4-1 at 11:30. Judge Tinkler-Mendez will preside over the new court. REGJB Old Timers know that Miami was the First In The Nation to start a Drug Court- trivia- name the late Judge who founded drug court (hint- he was an old motocycle cop before becoming a lawyer). UPDATE- All answers in comments are correct. The great Stanley Goldstein. Hundreds of thousands of veterans have returned from two-decades of war, only to find no parades, and not many people who understand their problems. This is a good start. Well done. See you in court. Site Feed
↧
MEXICO -Matrimonio Igualitario- MÉXICO
Comunico a los abogados, religiosos, personas interesadas y a quienes corresponda, que en MÉXICO, sólo en los siguientes Estados está vigente el Matrimonio homosexual: Ciudad de México, Quintana Roo, Campeche, Chihuahua, Coahuila, Nayarit, Jalisco, Sonora, Michoacán y Colima. Además, en septiembre pasado, la SCJN declaró inconstitucionales algunos artículos de las legislaciones de Nuevo León, Hidalgo y Chiapas, por lo que ordenó modificar las legislaciones de esos estados y conceder amparos para que las parejas homosexuales puedan casarse. El actual mandatario mexicano, en mayo de 2016, propuso el "matrimonio igualitario", en setiembre de 2016 la propuesta fue rechazada. He intentado buscar en los Código Civiles del Distrito Federal y en el de Jalisco los artículos que consagran esta unión pero no los he ubicado. A los colegas mexicanos que pudieran…
↧
MA: No RS on totality for stop and frisk of the defendant on a shots fired call
On the totality of information, the motions judge erred in concluding that there was reasonable suspicion for defendant. In fact, his findings undermined the holding. Commonwealth v. Meneus, 476 Mass. 231 (Jan. 11, 2017)*: The motion judge ruled that police … Continue reading →
↧
↧
Murder, Burglary and the “Extraneous Theft”
This post examines a recent opinion from the Court of Appeals of Texas - 14th District 2017: Kahlid Yusuf Worrell v. State, 2017 WL 124351 (2017). The opinion addresses what is, at least to me, a novel scenario. As the court explains,[t]his is an appeal from two separate judgments. The first is a judgment adjudicating guilt, which arises out of an offense committed in 2011. The second is a judgment of conviction by jury, which arises out of an offense committed in 2015, when appellant was on community supervision. Several issues are raised between the two cause numbers, but we only address the merits of one issue in which appellant challenges the admission of extraneous-offense evidence. Kahlid Yusuf Worrell v. State, supra. You can read about the prior judgments in the news stories you can find here, here, here and here. The opinion goes on to outline the charges in and the outcome of each of the prior prosecutions, beginning with the burglary case:NO.…
↧
Prisoners' Rights Listserv for Law Students and Young Lawyers
UCLA Law has started the project. The announcement follows the jump. The announcement: The UCLA Prison Law & Policy Program is pleased to announce Prison Law JD, a new listserv designed for law students and young lawyers interested in prisoners’...
↧
U.S. Supreme Court Takes Up Four Criminal Cases
The U.S. Supreme Court held its conference today and took up 16 cases, 4 of which are criminal or habeas corpus cases.Weaver v. Massachusetts, No. 16-240: The defendant claims his lawyer was ineffective for failing to object to a closure of the courtroom during empanelment of the jury. Violation of the right to a public trial, when considered directly, is a "structural" error that is reversible without a showing that it actually prejudiced the defendant, but an ineffective assistance of counsel (IAC) claim requires a showing of prejudice under Strickland v. Washington. Does IAC require a showing of prejudice when the underlying error is "structural"? I believe Strickland is clear enough that the answer is "yes," but there is enough of a circuit split for the high court to take it up.Maslenjak v. United States, No. 16-309, involves a question of whether revocation of naturalized citizenship in a criminal proceeding for a…
↧
Arrested For DUI While Asleep In Your Car
ASLEEP AT THE WHEEL Have you ever heard this one: A guy in Any City California drank too much and decided to sleep it off in his car. He was snoozing in the driver’s seat with the keys in the ignition but the car was not running. Police spotted him, tapped on his window and woke him. Upon investigation, they arrested him for drunk driving because he tested above the legal blood alcohol threshold. This is a common “urban legend” …well sort of. In fact, in California a person is not driving under the influence if the person is not driving. Makes sense. Under California case law, the word “drive” as it applies to the DUI laws means that a person by his or her own conscious efforts causes the vehicle to move. However, if there were any witnesses that reported the sleeping driver drove to his resting spot or if there is other evidence that the driver had been driving, even though he is not driving now, he can still be arrested. Continue reading…
↧
↧
ALCOHOL EDUCATION PROGRAMS ARE REQUIRED AFTER A DUI CONVICTION IN CALIFORNIA
ALCOHOL EDUCATION PROGRAMS AFTER CONVICTION FOR DUI When a person is convicted of DUI in California, or even if he or she is not but the DMV admin per se hearing officers finds that the driver was driving under the influence, the offender will be required to attend an alcohol education program. This requirement is written into the statute and there is usually no way out if the driver want to get his or her driver’s license back. There are varying levels of DUI education programs depending on the driver’s BAC and whether it is a first or subsequent DUI offense. The programs are offered by private entities that are licensed by the state. The offender must pay for this education and the price tag can be hefty. The least onerous of the alcohol education programs are those required when a person is convicted of a “wet reckless.” A wet reckless is basically a plea to something less than a straight-out DUI and is usually available to those defendants…
↧
18 months for Using Vet’s ID to obtain VA Loan
Mandy Lea Whipple, formerly Mandy Lea Johnson, 34, Page County, Iowa, was sentenced by United States District Court Judge Stephanie M. Rose, to 18 months in prison followed by five years of Supervised Release for Mortgage Fraud, announced United States Attorney Kevin E. VanderSchel. Whipple entered a guilty plea on June 9, 2016, to Mortgage Fraud […]
↧
What to Do after a Hit and Run Accident: 5 Steps All Drivers Need to Know
It is more difficult to get the compensation you need for injuries or property damage after a Pennsylvania or New Jersey hit and run. While your medical benefits coverage will pay for some of your treatment, it is not unusual for the cost of serious injuries to exceed the maximum limit of these policies. Make sure you know what to do after a hit and run to make it easier to file a claim and get the compensation you need.Before you get behind the wheel, read these five steps:1) Call PoliceOnce you know you are out of harm’s way and cannot suffer further injury, dial 911. Let them know a description of the car that hit you, your exact location, and whether you need emergency medical help.No matter what you do, let the police track down the other driver. It is never safe to try to pursue another motorist.Note: Even if you do not believe you are injured, ensure officers come to the scene. Most insurers do not take hit and run claims without a police report.2) Talk to…
↧
Jury Finds California Woman Guilty of Making False Statements on Loan Applications
Dianna F. Woods, 59, Citrus Heights, California, was found guilty after a four–day trial, a federal jury found day of four counts of making false statements on loan applications. According to evidence presented at trial, Woods was a licensed real estate salesperson who worked at a company called VLD Realty, doing business as Trade House USA, in […]
↧
↧
Burris on Comparative Drug Policy Research
Scott Burris (Temple University - James E. Beasley School of Law) has posted Theory and Methods in Comparative Drug Policy Research: Response to a Review of the Literature (international Journal of Drug Policy (2016)) on SSRN. Here is the abstract:...
↧
Some California Leaders Vow to Resist Deportations Under Trump
Throughout his presidential campaign, Donald Trump has made clear that he wants to “build a wall” along the border of the U.S. and Mexico and that he wants to deport or incarcerate as many as 3 million undocumented immigrants who are criminals. As he works to implement his populist campaign, Trump will now have to contend with state and local officials in California who have resisted the federal government on immigration before and appear poised to do so again. Top Democratic lawmakers in California are now preparing to enact legislation to protect undocumented immigrants from deportation. Some of the reforms within the legislation include providing free legal help to undocumented immigrants during deportation proceedings, offering more assistance in criminal court, and further limiting local law enforcement’s cooperation with federal immigration agents. The bills are predicted to pass, as both the chambers of California’s Legislature, as well as the…
↧
DOJ Inspector General to Investigate Comey
JIm Comey, a friend and former colleague of mine from the US Attorney's Office, will be investigated by the Justice Department's Inspector General.Comey was in an impossible position in this election. The very worthwhile tradition in the Department and the FBI is not to influence a campaign -- something a free country must honor. But, as Paul Mirengoff describes here, Comey was damned no matter what he did.Comey would have conferred a big advantage on Trump if he had decided to recommend prosecuting Clinton -- a decision that, in my view, would easily have been defensible.Comey would have conferred a big advantage on Clinton if, having decided against prosecuting her, he had declined to explain the basis of his decision to the American people and to Congress, and then refused to meet his promise to advise Congress if the FBI re-opened its investigation. A refusal to explain would have created the false impression that Clinton had not acted…
↧
Review of SJC oral argument in Gerhardt case regarding admissibility of field sobriety tests in OUI marijuana arrests
The Massachusetts Supreme Judicial Court heard oral argument in the case of Commonwealth v. Thomas Gerhardt raising the issue of whether field sobriety tests should be admissible for an OUI marijuana arrest. While it is difficulty to predict how judges will decide from questions, here are my thoughts. The Justice stated that it would be improper with an objection for an officer to testify that a defendant passed or failed field sobriety tests in an OUI alcohol or marijuana case. It appeared as though the Justice seemed to think that because an officer can testify that someone stumbled getting out of the car, that it is not significantly different to say that the individual could not follow instructions on a field sobriety test. Continue reading The post Review of SJC oral argument in Gerhardt case regarding admissibility of field sobriety tests in OUI marijuana arrests appeared first on Massachusetts Criminal Defense Lawyer Blog.
↧
↧
The Magical Doctrine of Qualified Immunity
Lawyers are regularly put in the awkward position of explaining to a client why an idea that strikes the client as eminently reasonable won’t work. There’s no law, we say, to support such an argument. Every once in a while, we get smacked for sound advice: but what about qualified immunity for police, the client responds. And they’re right. The doctrine of qualified immunity operates as an unwritten defense to civil rights lawsuits brought under 42 U.S.C. § 1983. It prevents plaintiffs from recovering damages for violations of their constitutional rights unless the government official violated “clearly established law,” usually requiring a specific precedent on point. University of Chicago lawprof Will Baude argues that QI is unlawful. This comes at the same time the Supreme Court issued a per curiam opinion in White v. Pauly, which Greg Doucette contends is the Court’s way of telling the QI exception has just swallowed the rule. As…
↧
The Long March
On the one hand, a march is never a complete waste of time, as you get some exercise. On the other, it rarely does any more than create a spirit of camaraderie amongst the marchers, who often lock arms to show their solidarity and create great optics. We remember, and adore, marchers decades, even centuries, later when their cause comes to fruition. We forget the marches that never went anywhere. There will be a march on Washington soon, which has been denominated the Women’s March. The name may be something of an exaggeration. Attending the “Women’s March on Washington” has not once crossed my mind. I could conjure up a multitude of reasons why, but will raise what I consider to be most significant: In this event black women are merely peripheral interlocutors for what are supposed to be women’s rights and human rights writ large. There is a long history of black women being overlooked by, excluded from and co-opted into events that profess to be…
↧
Corrections committee contemplates non-violent drug offenders
"The original intent of state jails fell apart," according to the section of the Texas House Corrections Committee's interim report (pp 43-61 of pdf) on nonviolent drug offenses, because the Legislature prioritized incarceration for addicts over treatment.Who is nonviolent?From the committee's perspective, "Nearly 80 percent of individuals in the Texas criminal justice system have substance abuse problems. Substance abuse is by far the most common crime-related problem among offenders. Some individuals enter the justice system because of a drug charge. Others enter on other charges, but drugs are clearly implicated." The report acknowledged the penny-wise-pound foolish flaw in such thinking: "if you are incarcerating the same person over and over again, the costs to actually rehabilitate would be less than incarceration."Grits should mention here that Fordham law professor John Pfaff has been pushing back on this meme that…
↧
More Pages to Explore .....
