Has it only been one week? Besides demonstrating that he is mentally deranged and wholly unfit for office, Trump has issued a dizzying array of tweets, statements, executive orders and policy positions that threaten to undermine the health of the planet, our economic and national security, the foundations of our democracy, and the safety and welfare of our most vulnerable populations. Trump has chosen insufficiently vetted, indubitably conflicted and corrupt cabinet nominees who are either wholly unqualified for the positions they were nominated for or whose views are anathema to their respective agencies, or both. And he has already taken concrete actions that will be devastating to the environment, to women's health and reproductive rights, to press freedom, to immigrants and refugees, to human rights, to health care, to workers' rights, and to our international standing and global…
Week From Hell: Now What?
↧
↧
"Reducing Violent Crime in American Cities: An Opportunity to Lead"
↧
Federal Crime Lawyers in Las Vegas
When they are charged in federal court, most defendants don’t realize how different their situation is when compared to a case in state court. Not only do the procedures in federal cases tend to be more complex, but also the penalties are much more severe. This means that the need for federal crime lawyers in Las Vegas is particularly acute. It is vital that a federal crime defense attorney becomes involved in your case as soon as possible. Occasionally, it’s possible to avoid having charges filed if you hire a lawyer as soon as you are under investigation. Your attorney can immediately go to work, conducting an independent investigation and looking for innovative yet reliable ways to persuade the Assistant U.S. Attorney from indicting you. However, even if you’ve already been indicted on federal charges in Nevada, your attorney will still explore all available options. This includes negotiating a favorable plea bargain so that going to trial is not necessary.…
↧
Felony Stalking, Facebook and the “Polar Bear Analogy”
This post examines an opinion from the Court of Appeals of Indiana: Johnston v. State, 2017 WL 242609 (Court of Appeals of Indiana 2017). The court begins by explaining thatChristopher Johnston appeals the qualification of State's expert called to discuss forensic analysis of social media records and digital trails, and the admission of that expert's opinion regarding the statistical probability of multiple Facebook accounts belonging to people other than Johnston. Johnston v. State, supra.The Court of Appeals then outlines the facts and what had happened procedurally to produce the appeal:Johnston met the victim, D.K., in 2012. Johnston proceeded to contact D.K. via phone calls, texts, and social media until 2015. D.K. requested, on several occasions and by various means, that Johnston stop contacting her. He did not. On May 30, 2014, D.K. obtained a protective order against Johnston.On February 7, 2015, Johnston was arrested after going to…
↧
Reckless Driving Dismissals in Newport News, Virginia Beach, Norfolk, Chesapeake, Northampton, Accomack, Suffolk
Note: the only sure way to avoid a reckless driving by speed conviction is to obey the speed limit! DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. November 8, 2016, Newport News General District Court, Charge: Reckless Driving by Speed at 83/60. Disposition: Dismissed. November 10, 2016, Virginia Beach General District Court, Charge: Reckless Driving at 56/35. Disposition: Dismissed! November 15, 2016, Norfolk General District Court, Charge: Reckless Driving (accident case). Disposition: Dismissed! November 18, 2016, Chesapeake General District Court, Charge: Reckless Driving (accident case). Disposition: Dismissed! November 22, 2016, Northampton General District Court, Charge: Reckless Driving at 80/55.…
↧
↧
What to Do if You Suspect Nursing Home Abuse
Nursing home abuse is far too common. It occurs in many ways, and some of them are very hard to recognize. It is important, though, to pay careful attention to any signs or symptoms. Some types, such as physical abuse and neglect, can be life threatening. All can leave your loved one with deep emotional scars. If your loved one is in a nursing home, make sure you know what you should do if you suspect nursing home abuse:1. Determine the Type of Abuse and If S/he is in Immediate DangerIf your loved one is in any immediate or life-threatening danger, e.g., victim of continual physical or sexual abuse, do not hesitate to dial 911.If your loved one is not in any immediate danger, you should still arrange a visit to a local emergency department or his/her physician to ensure his/her health is not in danger. This will help you keep your loved one safe and healthy, and protect your claim if you decide to file one.2. Report the Abuse to the HomeIf you do not believe there is an…
↧
Medicare Abbreviations
Medicare and its regulation are replete with abbreviations, acronyms, and content specific phrases. The link below contains a list of 75 and growing. I hope you find this list helpful. If you have any additions, please contact me and I will include them. Mike Abbreviations – Health Care
↧
Bessler on Beccaria's Influence on American Law
John D. Bessler (University of Baltimore - School of Law) has posted The Italian Enlightenment and the American Revolution: Cesare Beccaria's Forgotten Influence on American Law (Hamline Journal of Public Law and Policy, Vol. 37, No. 1, 2017) on SSRN....
↧
LA1: DNA testing for paternity testing is governed by the 4A
Court ordered DNA testing for paternity is a search under the Fourth Amendment, but it is reasonable. L.J.D. v. M.V.S, 2017 La. App. LEXIS 107 n.8 (La.App. 1 Cir. Jan. 25, 2017). The police knew three weeks ahead of time … Continue reading →
↧
↧
Un Papa con los pies en la tierra.
El premiado escritor peruano Santiago Roncagliolo en su columna de hoy 27-01-2017, bajo el título "Un Papa progre.." recomienda escuchar o leer la entrevista al Papa Francisco, le han parecido asombrosa las respuestas del Pontífice, encontrarán su opinión en el siguiente enlace: http://elcomercio.pe/opinion/columnistas/papa-progre-santiago-roncagliolo-noticia-1963659 Roncagliolo como toda joven ambicioso desea escalar en el mundo de los escritores, no vacila en su intento de acomodar su pluma a temas de coyuntura y lanzarle dardos cargados de historia a la "izquierda peruana" un conglomerado que, en sus ansias de llegar al poder ofrece al pueblo lo que ellos quieren oir, pero no de los que siempre los han engañado sino de ¡¡ellos!! "sus auténticos representantes" no incluyo al señor Marco Arana por el que tengo el mayor respeto. Pienso que Rocagliolo suscribiría sin…
↧
Ethiopia: Zone 9
By Adotei Akwei and Miho Mitobe At the end of 2016 Amnesty International published a report titled Ethiopia Offline: Evidence of Social Media Blocking and Internet Censorship in Ethiopia. This report documented how social media and networks in Addis Ababa and the Oromia region were being blocked by the Ethiopian government. Among the more alarming findings is that AI and the Open Observatory of Network Interference (OONI), who co-authored the report, detected the use of Deep Packet Inspection (DPI) technology, which can be used to monitor and filter internet traffic. The Ethiopian government appears to be using the technology for “mass surveillance internet censorship.” The government’s actions constitute a violation of Ethiopia’s obligations to protect freedom of expression under the African Charter and the International Covenant on Civil and Political Rights (ICCPR) and also drastically restricts access to information for the Ethiopian…
↧
CA’s New Marijuana Laws and How to Change Past Weed Convictions
More than 57 percent of voters in California decided to approve Proposition 64, otherwise known as the Adult Use of Marijuana Act. This means that marijuana is now legal to use, possess and grow, with stipulations of course. Another thing that the new law changes are the harsh penalties that used to come with marijuana... The post CA’s New Marijuana Laws and How to Change Past Weed Convictions appeared first on Graham Donath.
↧
Green Light for the Habeas Fast Track
When the Antiterrorism and Effective Death Penalty Act of 1996 was enacted, the "fast track" under Chapter 154 was thought to be among the primary reforms. In essence, states which provided qualified and adequately funded counsel for their state collateral reviews in capital cases (which is not constitutionally required) were promised an expedited trip through federal habeas corpus.Many obstacles have prevented the implementation of this chapter as originally conceived. First, the original chapter had a hostile reception in the courts, as the courts which would be subject to its deadlines misconstrued it to avoid applying it. In 2006, Congress amended the law to abrogate some specific misinterpretations and to take the decision of whether a state qualified away from the conflicted habeas courts and give it to the U.S. Attorney General with review by the D.C. Circuit. The AG was further charged with adopting regulations to implement the statute.…
↧
↧
Todres on Physician Encounters with Human Trafficking
Jonathan Todres (Georgia State University College of Law) has posted Physician Encounters with Human Trafficking: Legal Consequences and Ethical Considerations (AMA Journal of Ethics, Volume 19, Number 1, p. 16-22) on SSRN. Here is the abstract: There is growing recognition...
↧
Good and Bad Decriminalization
Deutsche Welle (German wave) reports:Chancellor Angela Merkel's cabinet decided on Wednesday to abolish the rarely enforced section of the criminal code by January 1, 2018."The idea of 'lese majeste' dates back to a long-gone era, it no longer belongs in our criminal law," Justice Minister Heiko Maas (pictured above) said. "The regulation is obsolete and unnecessary," he added.Thanks to Eugene Volokh for the tip.Laura Mills reports for the WSJ:Russian lawmakers voted Friday to remove domestic violence from the country's criminal code, making abuse punishable by fines rather than a prison sentence. Activists say the bill, which must be passed by the upper house of parliament and signed by Russian President Vladimir Putin before it becomes law, is a step back after years of pushing for a comprehensive law to combat domestic violence in Russia.Why would anyone support such a bill?The bill, which has Kremlin support, sailed…
↧
Primus on Disentangling Miranda and Massiah
Eve Brensike Primus (University of Michigan Law School) has posted Disentangling Miranda and Massiah: How to Revive the Sixth Amendment Right to Counsel as a Tool for Regulating Confession Law (Boston University Law Review, 2017) on SSRN. Here is the...
↧
2 Convicted Of $8.9 Million Medicare Scam In Florida And Three Other Gulf Coast States
Federal prosecutors have said that two owners of psychological service companies have been convicted of an $8.9 million fraud scheme that billed Medicare for unnecessary or nonexistent tests on nursing home patients in four Gulf Coast states. The owners, a Slidell, Louisiana man and his 63-year-old mother, plan to appeal, according to reports. Each owned companies in Louisiana, Mississippi, Alabama and Florida. A jury convicted them Tuesday of conspiracy to commit health care fraud and of conspiracy to make false statements about health care. According to reports, the jurors also found them responsible for $8.9 million in fraudulent payments. Two psychologists who worked for them pleaded guilty last year, admitting $5.6 million in fraudulent claims. Medicare fraud is rampant across the United States. Medicare fraud prosecutions are highly specific and headed by the U.S. Attorney’s Health Care Fraud Division. With that said, defense of Medicare fraud allegations requires…
↧
↧
Walsh on Foreign Intelligence and Criminal Prosecutions
Patrick Walsh (U.S. Army Judge Advocate General's Legal Center and School) has posted Foreign Intelligence, Criminal Prosecutions and Special Advocates on SSRN. Here is the abstract: The Snowden leaks and other revelations about the bulk foreign surveillance programs led to...
↧
To Nuke or Not to Nuke?
Democratic Leader Sen. Chuck Schumer has signaled intransigence on confirming a Supreme Court nominee. He has said that Democrats would refrain from using the filibuster against a "mainstream" candidate, but made it clear that what he means by "mainstream" is a jurist who buys the legal and "living Constitution" agenda of the last Administration. It is, to say the least, improbable that President Trump will put forward such a nominee. Accordingly, a filibuster seems likely at this point.According to this article from the Hill, Majority Leader Mitch McConnell is reluctant to part with Senate tradition by ending the filibuster for Supreme Court nominees (i.e., by "going nuclear").Earlier, I made one suggestion about how this might be handled. A person well-acquainted with Senate procedures now makes another. This person notes:I think the "nuclear option" is not exactly a rules change...[T]he way it…
↧
*Final Update* Highway 55 near Banks has re-opened
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: 1/27/17 - 8:00 p.m. Please direct questions to the District Office ****Final Update On Friday, January 27, 2017, at approximately 7:16 a.m., the Idaho State Police investigated a single vehicle crash southbound on State Highway 55 at milepost 76, near Lower Banks. Ian Laboucane, 50, of Washington Terrace, UT, was traveling southbound in a 2014 Freightliner with an empty trailer. Laboucane dropped his cell phone, bent down to pick it up, and drove off the left shoulder of the road. Laboucane was wearing a seatbelt and was not injured. The southbound lane was blocked for approximately 5 hours while crews worked to remove the semi-truck. This crash is under…
↧
More Pages to Explore .....
