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I90 Open

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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 I90 at milepost 34 westbound has been reopened. We thank the public, and the motorists that were stuck for hours, for their patience. DSP INITIALS MKS -----------------------------------

Crash Blocks US93 South of Twin Falls

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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: 01/19/17 3:11PM Please direct questions to the District Office Idaho State Police is currently investigating a three-vehicle crash on US93 at milepost 40, south of Twin Falls. The northbound and southbound lanes of travel are blocked at this time. Motorists are advised to use caution when driving through the area. More information will be released as it becomes available. PH/KJ -------------

INAUGURATION PRIMER

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The interregnum (what a great word) ends tomorrow as Donald J Trump takes the oath of office and becomes the 45th  president of the United States. CJ John Roberts will administer the oath. Query/trivia: who was the last person who was NOT a Chief Justice or Supreme Court Justice to swear in a President?Associate Justice Clarence Thomas will administer the oath to VP elect Mike Pence. Have they done their homework here? The last time Justice Thomas said anything in public was "Supersize that and an order of onion rings as well...yes I'm sure I don't want a coke. Don't ask why please".  Pence takes the oath first, which means for a few awkward moments Obama will be president, and Pence will be his VP. Trivia: Where was the first inauguration held?Vegas odds: 1,000-1 Trump does not say "baba booey" in his speech. 150-1 someone shouts out "baba booey" loud enough to be heard on television. As per tradition,…

Speed of 80 MPH on Virginia Highways Means a Reckless Driving Ticket

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Speed of 80 MPH on Virginia Highways Means a Reckless Driving Ticket 804-355-8037 In Virginia part of the state law ... The post Speed of 80 MPH on Virginia Highways Means a Reckless Driving Ticket appeared first on Weiland Upton.

Man Convicted Of Murder In Fatal Long Beach DUI Case

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Alvin Ray Shaw, Jr. of Hawthorne was convicted of 2nd degree murder, felony DUI, and driving on a suspended license by a jury in Long Beach Court on Wednesday a result of a fatal car accident he caused on August 1, 2015. Prosecutors successfully argued Shaw, while intoxicated, drove his vehicle into oncoming traffic on the Gerald Desmond Bridge in Long Beach causing a car accident resulting in the death of a 30 year old San Pedro man and seriously injuring a 21 year old man. Shaw faces life in prison when he returns to court on March 8th. Murder charges arising out of a DUI accident Most people view murder as a crime involving the intent to harm the deceased person. However, Shaw’s case serves as a prime example of how a person can be charged and convicted of murder in the absence of intent to harm. In 1981, the California Supreme Court ruled in the People v. Watson that prosecutors could file murder charges against defendants in certain felony DUI cases involving…

El Chapo in U.S. District Court

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Nicole Hong reports for the WSJ:Joaquín "El Chapo" Guzmán, the Mexican drug lord who evaded U.S. authorities for years and built a billion-dollar narcotics empire, is expected to make his first appearance in a U.S. courtroom on Friday.Mr. Guzmán, who successfully escaped twice from maximum-security prisons in Mexico, was extradited to the U.S. late Thursday. His arrival came as a surprise to many, even to U.S. officials, who said Friday that they didn't know he was coming until the day of the extradition.*                *                * Mr. Guzmán is set to face trial in Brooklyn federal court, where a 17-count indictment accuses him of drug trafficking, money laundering and murder conspiracy. If he is convicted on the first count alone of "continuing criminal…

Yesterday's criminal law/procedure cert grant

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Issue summary is from ScotusBlog, which also links to papers: District of Columbia v. Wesby: (1) Whether police officers who found late-night partiers inside a vacant home belonging to someone else had probable cause to arrest the partiers for trespassing...

"El Chapo" Press Conference in Brooklyn

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Joaquin "El Chapo" Guzman is quite the rock star -- to the female inmates at MDC Brooklyn who repeatedly chanted out his name as he arrived in their midst. The press conference this morning began with typical government hyperbole: “In... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Richard Alpert is back — with a new website and an expanded mission.

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In November, after serving as a prosecutor for more than 30 years, Richard Alpert officially retired from the Tarrant County District Attorney’s Office. But he didn’t stay still for long. Known as one of the nation’s foremost DWI experts, Richard is now using — or rather, sharing  — his vast skills in a different, larger arena. He is working (and is available for hire) as a lecturer, instructor and legal consultant with a focus on alcohol and drug-related crashes and trial advocacy training for prosecutors and law enforcement agents across the state. He is also available for consultation in civil cases against drunk drivers. He recently rolled out his website, richardalpertlaw.com, which is sure to become an invaluable resource for judges, prosecutors, defense attorneys and members of the media. Among other things, it links to the most recent version of his DWI Case Law Update, which has become a go-to guide for attorneys who handle…

Richard Alpert is back — with a new website and an expanded mission.

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In November, after serving as a prosecutor for more than 30 years, Richard Alpert officially retired from the Tarrant County District Attorney’s Office. But he didn’t stay still for long. Known as one of the nation’s foremost DWI experts, Richard is now using — or rather, sharing  — his vast skills in a different, larger arena. He is working (and is available for hire) as a lecturer, instructor and legal consultant with a focus on alcohol and drug-related crashes and trial advocacy training for prosecutors and law enforcement agents across the state. He is also available for consultation in civil cases against drunk drivers. He recently rolled out his website, richardalpertlaw.com, which is sure to become an invaluable resource for judges, prosecutors, defense attorneys and members of the media. Among other things, it links to the most recent version of his DWI Case Law Update, which has become a go-to guide for attorneys who handle…

Friday Open Thread

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I've not read one thing about today's UnFestivities. Here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

An Irresponsible Cop with A Vicious Police Dog

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We understand that 2016 was a horrific year for police fatalities—139, of which 64 were shot and killed in the line of duty.   Police across the country feel besieged, some to the point that they elected to “stand down” and not carried out their sworn duty to protect and serve their communities. This tragic reality was illustrated in a New Year’s 60 Minutes report that while Chicago’s murder rate skyrocketed in 2016, “police activity” declined by as much as 80 percent.   In effect, hundreds of Chicago police officers have taken the position that they will respond only to 911 emergencies and not take any proactive measures to prevent crime. This attitude is spreading to police departments across the country—that cops on the street will not put themselves at risk (either through physical harm or charges of using excessive force) while protecting the community. These 911 cops reinforce the national reputation of the Chicago…

Giving the Client a Voice in the Process

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Yesterday, I took a drive out to the hinterlands to visit a habeas corpus client. I met up with a law school intern for the visit. During the time we spend together, the client what to know what he could do to assist in his case. Over the course of my career, my thinking has evolved on the subject of clients and their desire to assist in their case. There’s a meme circulating among colleagues that says “don’t confuse your Google search for my law degree.” 10 years ago, I would have worn the t-shirt. Then I try to imagine what it would be like to have no control over anything in my life and no freedom. I would want some input in my case. I spoke to a colleague who is an appellate lawyer in an indigent defense agency. She gives the clients a copy of their transcript upon request and encourages input. She has never experienced a downside with the practice. Never. Of course, at the end of the day, the lawyer chooses the issues. And knowing which issues…

Donald Trump

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"Tenemos que lidiar con el mundo tal cual es, no como desearíamos que fuera”, dijo esta semana el ex Secretario de Defensa de Estados Unidos, Robert Gates. Sus palabras reflejan el pragmatismo propio de un funcionario de su especialidad y trayectoria —Gates fue antes director de la CIA— y también cierto grado de resignación. Esta frase citada en otro contexto es aplicable al discurso del nuevo Presidente norteamericano, ruego hacer extensiva esta realidad a la de cada uno de nosotros a la de nuestro País y a  todos los que se pueden sentir afectados porque el nuevo Mandatario estadounidense priorizará a sus compatriotas y el desarrollo individual y conjunto de USA. Una de las causas por las cuales el desarrollo de las naciones de nuestro hemisferio tiene su origen en la política del "cholo barato", desarrollo desigual, elitista, de explotación, de pauperización de la…

In Commonwealth v. Peterson, Massachusetts Supreme Judicial Court Brings (a Little) Reality to Bear on Statute Criminalizing Drug Possession in “School Zones”

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Like that of many states, Massachusetts law provides for enhanced criminal penalties for specified drug offenses committed in close proximity to parks or schools. Defendants who commit such offenses in so-called “school zones,” which the statute defines as any location within 300 feet of a school of any kind, including any public or private accredited preschool or Head Start facility, or a “park zone,” defined as any location within 100 feet of a public park or playground, at any time of day except between the hours of midnight and 5 a.m., are subject to a mandatory two year sentence, on top of any punishment imposed for the underlying crime. The statute is explicitly clear that “lack of knowledge of school boundaries” is not a defense; a person who is found to have committed a drug offense within the stated distance from a school is subject to the enhanced penalty regardless of whether they knew of the school’s location or even of…

MA Highest Court Issues Ruling in Scandal Involving 24,000 Tainted Drug Tests – Can You Appeal?

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In 2012, former drug lab chemist Annie Dookhan was caught tampering with evidence and falsifying test results in thousands of criminal drug cases. For her crime, Dookhan spent three years behind bars. But what about the falsified tests? More than 24,000 drug convictions may have been involved in the tampering scandal. What happens to those individuals? On Wednesday the highest court in Massachusetts rejected a proposal to dismiss all 24,000 convictions, with the exception of those directly impacted by Dookhan’s crime. As many defendants continue to wait for an opportunity to challenge their convictions, this week the Supreme Judicial Court ruled against ordering the dismissal of all 24,000 cases. In addition, the court declined the prosecutors’ recommendation to take no new action. In lieu of a blanket dismissal, the high court is implementing a three-phase system to handle the cases. If you have been charged with a drug crime, contact a Boston defense lawyer today.…

FOUR WAYS ESTABLISHING PROSECUTORIAL FEDERAL GRAND JURY ABUSE IN FLORIDA'S MIDDLE DISTRICT

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Our exciting tour of the Grand Jury systems of Florida federal and state courts began with a look at What to do if a Grand Jury is investigating you, your conduct, your business or your friends and continues today with a look at what constitutes Federal Prosecutorial Abuse of the Grand Jury. Earlier when we looked at Eight Methods to Stop A Grand Jury Investigation  it became clear that establishing that the prosecutor abused the Grand Jury process is an excellent way to quash a grand jury investigation or a grand jury subpoena.The benefits of establishing prosecutorial abuse of a grand jury in the Middle District of Florida is clear in that if the abuse is shown to be prejudicial the grand jury indictment may be subject to a motion to dismiss or a subpoena may be quashed. The following four actions of a prosecutor constitutes abuse:1. Using the grand jury to target someone out of malice or an intent to harass that person. For example, Federal courts…

Best Buy, Geek Squad Techs on FBI Payroll

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The FBI has paid informants in every nook-and-cranny in American society. But who would have thought that one of the nation’s leading retailers, Best Buy, would have its Geek Squad technicians on the payroll of this country’s top law enforcement agency as paid informants.   This disturbing fact was revealed in a January 9, 2017 report in the Washington Post written by Tom Jackman. This sordid affair began November 2011, according to the Post, when a gynecological oncologist named Mark Rettenmaier took his desktop computer to a Best Buy store in Mission Viejo, California “because it wouldn’t boot up.” It seems that there was a problem with the computer’s hard drive that was so significant that the store’s technicians told Rettenmaier that it would have to be sent to the store’s Geek Squad’s “recovery services” in Kentucky.   Service Order Warns Customers   Rettenmaier agreed, even signing a…

"Dear President Trump: Here’s How to get Right on Crime, Part 3"

Florida Police Executing Arrest Warrant Do Not Have a Right to Search Surrounding Property

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In Florida, the general rule is that the police cannot search a person’s property without a search warrant or specific consent from the owner of that property.  There are exceptions, of course, but a police search without a search warrant or consent is generally going to be illegal.  When the police arrest someone, they can always search that person because the police have a right to determine if the suspect has any weapons or evidence that can be destroyed on him/her.  However, that search is generally limited to the person and only after a valid arrest.  The police cannot go searching a person’s vehicle or home just because of an arrest. In a recent drug case near Jacksonville, Florida, the police had an outstanding warrant for the defendant and received a tip that he was at a particular residence.  They located the suspect and arrested him in the front yard.  The police then walked around to the back of the residence and looked…
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