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The long arm of supervised release

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It’s only three pages long but packs a ... punchy lesson about “termination” versus “revocation” of supervised release. The Sixth Circuit held today in United States v. Cross that district courts retain jurisdiction over defendants on supervised release even after supervision is revoked—at least for violations predating the revocation.After serving 5 years for a marijuana offense, Robert Cross used drugs on supervision. In response, the district court revoked supervision and tacked on 8 more months in prison, with 2 more years’ supervision. Then, two years later, while Cross was still on this extended supervision, the court learned that he had committed a state theft offense before the first revocation hearing. The court gave him an extra day in prison and 5 more years of supervision.Cross challenged the court’s jurisdiction to revoke the second time, but the Sixth Circuit wasn’t having it. The difference, the court…

Treacherous Driving Conditions In The Magic Valley

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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: 1/17/2017 9:15 p.m. Please direct questions to the District Office Winter weather conditions in the Magic Valley having made for treacherous driving conditions. The Idaho State Police are urging motorists to use caution when traveling in the area, slow speeds, and account for extra time to reach your destination. ln/do

Treacherous Driving Conditions In The Treasure Valley

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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: 1/17/2017 9:17 p.m. Please direct questions to the District Office Winter weather conditions in the Treasure Valley having made for treacherous driving conditions. The Idaho State Police are urging motorists to use caution when traveling in the area, slow speeds, and account for extra time to reach your destination. ln/do -------------

DUIs Down During Holiday Drunk Driving Enforcement

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The preliminary numbers from Minnesota’s enhanced DUI enforcement have been released, and although the number of people arrested for drunk driving is high, the total number represents a decline from last year. According to the Minnesota Department of Public Safety Office of Traffic Safety, police officers arrested 2,407 drivers for driving while intoxicated during the most recent enforcement period, which ran from November 23 through the end of the calendar year. That number represents a small decline from 2015, when officers arrested 2,502 individuals for drunk driving during the same stretch. “It just takes that one moment, that one time to shatter a life forever,” said Donna Berger, Office of Traffic Safety director. “If you are truly someone’s friend or a family member of someone who is impaired, you won’t let them get behind the wheel.” A Look Into The Extra Enforcement More than 300 agencies around the state took part in the extra…

Pharmacy Robber Sentenced To 12 Years

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Over the last decade law enforcement agencies around the country have increased efforts to curb the illegal sale of prescription medications. There has been increased governmental oversight starting from the drug manufacturers and trickling all the way down to the patient who fills a single prescription. Pharmaceutical manufacturers are required by law to report large and unusual orders for narcotics to the DEA and pharmacies are required to keep strict inventory of these highly addictive drugs. Doctors who prescribe the drugs face tighter regulations from their state medical boards, and pain management clinics or “pill mills” that were once untouchable are being shut down and prosecuted at a higher rate. Local police have also targeted prescription fraud and doctor shopping cases, and the word is out that pharmacies won’t hesitate to call the cops at the sign of foul play. The law enforcement community has achieved some success in limiting the amount of…

New Year’s Resolutions

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New Year’s Eve has come and gone and with it came New Years Resolutions! Starting a new year is like starting with a clean slate and is a great time to evaluate your goals. Many people make fitness related goals or career related goals, but why not make a few financial related goals while you’re at it? The New Year is a great time to assess you finances and lay out a plan for getting out of credit card debt, paying off your mortgage or student loans, or building your nest egg. Our office is happy to provide the following ideas for your New Years Eve Resolutions. If you would like to discuss the state of your finances and get more ideas on how to make 2017 your best financial year, please call our office and speak with an experienced bankruptcy attorney – we looked forward to working with you! 1. Pay off your debt (or at the least, don’t incur more debt). Unfortunately it is just a fact of life now that many Georgians have hundreds of thousands of dollars…

Robinson & Williams on Insanity

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Paul H. Robinson and Tyler Scot Williams (University of Pennsylvania Law School and University of Pennsylvania, Students) have posted MAPPING AMERICAN CRIMINAL LAW An Exploration of the Diversity Among the States: Ch. 14 Insanity Defense (In Paul H. Robinson and...

Wrongful Death Claim For Motorcyclist Struck By Falling Tree

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A wrongful death claim has been filed by the family of a motorcyclist who was struck and killed by a falling tree. Edgar Riecke, a motorcycle enthusiast hailing from Durango, Colorado was on a ride through Utah in October of 2014. Riecke was rounding a corner when he was struck and killed by a tree falling directly on top of him. The tree, however, was not simply falling on its own, in fact the tree was being cut down by a pair of two Boy Scouts out collecting firewood for their local troop. The tree fell on top of Riecke, ending his life. Riecke is survived by his son and daughters, who have begun a lawsuit for unspecified damages. The Lawsuit At the time of the accident, the two boys were ages 17 and 14. While out scouting for firewood, the decided to cut down a live tree, however, the troop did not have a permit to remove live or standing trees. In addition to this, the lawsuit claims that the boys had been cutting down the tree for up to 45 minutes, without any supervision…

I90 Closure Westbound I90@34

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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 District 2 (208) 799-5150 ***Update*** We are still actively working this crash and the time frame for I90 to open is unknown. We are working diligently to get cars that are stuck in traffic turned around. ******************* The Idaho State Police are currently working multi vehicle semi crashes on I90 at milepost 34, Rose Lake. The westbound lanes are currently blocked and will most likely remain closed for approximately 3 hours. We are working as quickly as we can to clear the road, but the road will be closed for a significant amount of time. DSP…

March On -- This Is Patriotism

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"And so we thought it was the right time to make a campaign that’s about diversity and inclusion, about people seeing the common bonds we have, and our connections as human beings. The idea was to take back a lot of this patriotic language in a way that we see is positive and progressive, and not let it be hijacked by people who want to say that the American flag or American concepts only represent one narrow way of thinking."  -- Shepard FaireyShepard Fairey captured the zeitgeist in 2008 with his iconic "Hope" poster.  That was then.  This is now.The Women's March on Washington is expecting at least 200,000 people protesting the inauguration of Donald J. Trump.  (For a point of reference, roughly 60,000 people protested Richard Nixon's inauguration in 1973, in opposition to the Vietnam War.)   And there are over 600 sister marches going forward around the country and across the globe. This is what…

News Scan

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Suspected Cop Killer to Represent Himself:   The man arrested for murdering an Orlando police officer last week appeared in court yesterday, announcing that he intended to represent himself.  Mike Arroyo of Fox News reports that during the hearing Markeith Loyd cursed at the judge as he made the announcement.  He also accused the police of making up the charges against him.  Loyd was wanted for the December murder of his pregnant ex-girlfriend when Police Lieutenant Debra Clayton spotted him at a Walmart parking lot. When she tried to confront Loyd he allegedly shot and killed her.  During the manhunt for Loyd, another officer died in a motorcycle accident.  Loyd appeared in court with a bandaged face, due to injuries he suffered during his arrest.  Virginia Murderer Executed:  An habitual felon convicted of the 2006 murders of a Richmond family was executed by lethal injection Wednesday.  The Associated Press reports that …

[VIDEO] Over 900 Drivers Took This Quiz, 74% Missed 1 Question

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We did a quiz of hundreds of Virginians, to see if people know their rights when interacting with the police during a traffic stop. The results? A lot of people did really well, but a lot of people missed a couple of questions on the quiz, showing they don’t know their full rights and responsibilities during a traffic stop. The most commonly missed question, only 26 percent of people actually got it right, was whether or not you could drive to a well-lit area if you’re being pulled over by the police, and you didn’t feel safe for some reason. Unfortunately, only 26 percent of people got the answer right. Here’s why they got it wrong. Contact me today for your Virginia reckless driving case. Video Transcription – Hi, I’m Andrew Flusche, your Virginia traffic and misdemeanor defense attorney. We did a quiz of hundreds of Virginians, to see if people know their rights when interacting with the police during a traffic stop. The results? A lot of…

Can I recover damages after a hit and run bicycle accident?

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Statistics from the National Highway Traffic Safety Administration and the Pennsylvania Department of Transportation show that bicycle accidents lead to serious injuries and death far too often. Far too many of these accidents involve drivers who flee the scene. A hit and run bicycle accident puts victims in a precarious position. Fortunately, cyclists do have options to recover the compensation they need to cover their injuries and accident-related costs.Will my car insurance cover my injuries?Many cyclists are also drivers. This is good news after a hit and run bicycle accident in Pennsylvania, because it means you likely already carry mandatory medical benefits coverage, sometimes known as a personal injury protection policy (PIP). Even if you only carry the minimum no-fault coverage required, your insurance company should cover any medical bills and lost wages up to $5,000.Of course, when a car strikes a cyclist, serious injuries often result. Costs of hospitalization and…

"Trump’s marijuana options"

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The title of this post is the headline of this effective Hill commentary authored by Beau Kilmer, who is co-director of the RAND Drug Policy Research Center. Here is the heart of the discussion: The Obama administration has largely taken a hands-off approach, releasing a 2013 Department of Justice memo...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/1reXYC0RHUQ" height="1" width="1" alt=""/>

Recordando a José María Arguedas

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El UNIVERSAL – Caracas - Venezuela Una de Arguedas RICARDO GIL OTAIZA 19 de enero de 2017 05:01 AM PARA COMPARTIR Una de Arguedas Cuanto agradecemos los buenos lectores el que se nos entreguen libros rescatados del olvido; obras perdidas en las neblinas de los tiempos, que quizás no hallemos ni siquiera en las bibliotecas públicas. En esta oportunidad la editorial española Drácena nos regala una de las novelas arquetípicas de la experiencia carcelaria en lengua española: El Sexto (2016), del escritor peruano José María Arguedas (1911-1969), con Prólogo de Fernando Iwasaki. Como se supondrá, se trata de un texto desgarrador, profundamente escatológico, que nos muestra el submundo de las cárceles latinoamericanas (quizás planetarias), en donde languidecen cientos de miles de seres apartados de la vida, que por infinitas razones (a veces simplemente el infortunio) caen en…

Two notable new pieces from two notable marijuana reform states (co-authored by two notable former students who took my OSU College of Law marijuana seminar)

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One of many reasons I have been bullish on teaching marijuana reform at The Ohio State University Moritz College of Law is because I view the new marijuana reform universe to be a particularly exciting potential "growth industry" for junior lawyers. For that reason (and others), I was so very...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/hGcTv1oD784" height="1" width="1" alt=""/>

JACKSONVILLE COUPLE ARRESTED FOR DEALING DRUGS WHILE A CHILD WAS PRESENT

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SUSPECT NOT ARRESTED UNTIL MULTIPLE SALES A recent News4Jax story gives details into the arrest of Reco Benefield and Amber Troutman for drug charges and child neglect.   The news report states that an undercover Jacksonville Sheriff’s Office Detective met with Benefield to purchase crack cocaine on January 11, 2017.   After the alledged  hand to hand drug sale was completed a takedown signal was given and  Benefield was taken into custody.  The same Detectives apparently had previously purchased crack cocaine from Benefield on December 15, 2016.  Benefield was also out on bond for 2016 Drug Charges dealing with the Sale of Pills (Oxycodone and Dilaudid) as well as crack cocaine on September 13, 2016 and September 14, 2016. EVERYDAY TECHNOLOGY AND CELL PHONE USE COMES BACK TO HAUNT THE ACCUSED Benefield’s cases all involve Undercover Narcotics Detectives utilizing cell phones to contact Benefield as well as to text…

Huang on Law and Moral Dilemmas

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Bert I. Huang (Columbia Law School) has posted Law and Moral Dilemmas (Harvard Law Review, Vol. 130, p. 659, 2016) on SSRN. Here is the abstract: If your self-driving Volvo suddenly must decide whether to swerve into one pedestrian in...

Decriminalization of Marijuana in Texas: Legislation to Watch in 2017

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The Backdrop: A Nationwide Movement towards Decriminalization and Legalization Recreational Use As of 2017, twenty-eight states currently allow for the legal use of some form of marijuana, with eight states and one territory allowing for recreational use. Legalization of recreational marijuana for those over 21 started with Colorado and Washington in 2012. Then, in 2014, the District of Columbia, Oregon, and Alaska all followed. In the most recent election, marijuana was on the ballot recreationally in five states—California, Arizona, Massachusetts, Maine, and Nevada. In all but Arizona, recreational use became legal for adults in 2016. Medical Use Medicinal marijuana was legal in Arizona, New Hampshire, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, New York, Pennsylvania, Ohio, Illinois, Michigan, Montana, Vermont, and New Mexico prior to the 2016 election. Four states recently approved medicinal marijuana use in 2016 as well. Florida, Arkansas, Montana, and…

Decriminalization of Marijuana in Texas: Legislation to Watch in 2017

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The Backdrop: A Nationwide Movement towards Decriminalization and Legalization Recreational Use As of 2017, twenty-eight states currently allow for the legal use of some form of marijuana, with eight states and one territory allowing for recreational use. Legalization of recreational marijuana for those over 21 started with Colorado and Washington in 2012. Then, in 2014, the District of Columbia, Oregon, and Alaska all followed. In the most recent election, marijuana was on the ballot recreationally in five states—California, Arizona, Massachusetts, Maine, and Nevada. In all but Arizona, recreational use became legal for adults in 2016. Medical Use Medicinal marijuana was legal in Arizona, New Hampshire, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, New York, Pennsylvania, Ohio, Illinois, Michigan, Montana, Vermont, and New Mexico prior to the 2016 election. Four states recently approved medicinal marijuana use in 2016 as well. Florida, Arkansas, Montana, and…
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