A Massachusetts man in prison there for raping two young girls has been sentenced to four years in Connecticut prison for repeatedly sexually assaulting one of the children at a Preston campground, as reported by the Norwich Bulletin. Barry Andre, 60, formerly of Auburn, Mass., received his sentence in New London Superior Court. His sentence here will start after he finishes serving a 7-year to 9-year sentence in Massachusetts. Andre sexually assaulted a girl at Strawberry Park Campground in Preston beginning in 2008 when she was 11, Assistant State’s Attorney David Smith said. The assaults continued during stays at the campground for about five years, according to police, as well as at home in Massachusetts. Continue reading
Mass. Man Sentenced in CT
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Fatal Crash on SH19 and Allendale Road in Canyon Co
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: 01/27/17 9:15 p.m. Please direct questions to the District Office On Friday, January 27, 2017, at approximately 3:32 p.m., the Idaho State Police investigated a two vehicle crash on State Highway 19 at Allendale Rd in Canyon County. Ismael Fernandez, 20, of Wilder, was traveling westbound on State Highway 19 in a 1997 Ford Expedition. Richard Norris, 71, of Nampa, was traveling eastbound in a 2015 Freightliner hauling two beet trailers that were loaded. Fernandez crossed the center line and struck the side of the Freightliner. The Freightliner and the first trailer jackknifed and, the second trailer overturned onto its side. Both the east and westbound lanes are still…
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WY: Jury instruction on the state version of the 4A wasn’t proper in case involving use of force against officer in his house
One is not entitled to use excessive force against a police officer unlawfully in the home. The officer must also be using excessive force. Defendant’s proffered jury instruction that merely recited the state constitutional provision on search and seizure was … Continue reading →
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CA6: Without record references to where the facts are, the court finds the 4A argument waived; counsel blames word limits on briefs
Defendant had waived his challenge to the denial of motions to suppress where he failed to point to any findings in the record demonstrating how the district court erred or why a wiretap application lacked probable cause. Even if defendant … Continue reading →
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America First In Hypocrisy And Hate
Of all the egregious acts that Trump committed this past week -- and there are too many to recount here -- nothing was more egregious, more despicable, more shameful than signing a Steve Bannon-inspired (and probably authored) executive order banning Muslims from entering the country.The order bans immigrants and nonimmigrants from at least seven majority-Muslim countries from entering the United States for at least 90 days. Those countries, Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen -- are countries from which there have been absolutely ZERO fatal terror attacks in the United States. The order also bans all refugees from entering the U.S. for four months and those fleeing the brutal war in Syria indefinitely. It also gives preference to Christians who claim they are being persecuted.This perfectly encapsulates everything that Trump stands for. It is xenophobic and anti-Islam, favoring Christianity over other religions…
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Cal.4th: Public strip search of ptf stated claim: He was in a park arrested for being there after it closed, on a bike without a headlight, and fled when officers approached
Plaintiff had a claim under the Tom Bane Civil Rights Act, even if officers had probable cause for an arrest, because he alleged roadside body cavity searches which necessarily amounted to intentional conduct separate and independent from a lawful arrest … Continue reading →
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 316 fMRI and Lie Detection Anthony D. Wagner, Richard J. Bonnie, BJ Casey, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen Morse, Marcus...
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"FBI request for Twitter account data may have been legal overstep"
From Jurist: JURIST - FBI request for Twitter account data may have been legal overstep Following Twitter's [corporate website] release of two warrantless surveillance orders [orders, PDF] published on Friday, some legal experts have said the Federal Bureau of Investigation...
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NY1: Issue of fact on PC precludes SJ of assault and battery claim
An “issue of fact as to probable cause for [an] arrest precludes summary dismissal of [an] assault and battery claim”. Burgos-Lugo v. City of New York, 2017 NY Slip Op 00534, 2017 N.Y. App. Div. LEXIS 536 (Jan. 26, 2017).* … Continue reading →
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Federal Court Grants Stay Against Trump's Immigration Order
The ACLU, National Immigration Law Center, International Refugee Assistance Project and other immigrants' rights groups filed a federal lawsuit suit in the Eastern District of New York (Brooklyn)seeking declaratory relief and an emergency stay... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Identity Theft: Up in the Air?
The line between mere fraud and identity theft is murky. The Sixth Circuit has repeatedly found that the use of another person’s signature does not constitute identity theft so long as the identity of that other person is not purloined. While this holding is both logical and guards against co-extensive reach of the fraud and identity theft statutes, it arguably created a circuit split. Now, in UnitedStates v. White, the Sixth Circuit has narrowed what “use” of a “means of identification” under Section 1028A is.Ms. White was a travel agent particularly skilled at obtaining low cost flights for her clients. One of her most effective tactics, unfortunately, was to misrepresent the ticketed passenger’s military status. The airlines had caught her before and revoked her agency’s accreditation. But she found work as a subcontractor for another agency. Once she began, the military status discounts of that agency’s customers increased…
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Pros and Cons of Becoming a Confidential Informant
Becoming a confidential informant for law enforcement in order to receive a plea deal is something often romanticized in movies and television. But what the shows gloss over is that these agreements are usually complicated, and involve specific parameters for criminal and police alike to ensure that each hold up their end of the bargain.... The post Pros and Cons of Becoming a Confidential Informant appeared first on Graham Donath.
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¿Debemos pagar por las manzanas ofrecidas en el “mercado”?
La respuesta es sí, ¿Por qué? ¡si las manzanas son producidas por la tierra! Insistir que las manzanas deben ser gratis sería el diálogo de un estúpido consigo mismo. ¿Podemos comparar el peaje con las manzanas? De no existir sobre la tierra un alimento distinto a las manzanas comerlas o no es la diferencia entre la vida y la muerte. El peaje es el pago que los ciudadanos en mayor o menor medida realizan para transportarse de una ciudad a otra o de un distrito a otro por las pistas y avenidas ya existentes, de pronto, como sucede hoy y sólo hoy domingo 29 de enero de 2017, no se permite el ingreso de ningún vehículo motorizado con el objeto de disfrutar del cálido ambiente del “Centro Histórico” y de la belleza y gastronomía de nuestra casi bicentenaria ciudad, de pronto digo, debido a la explosión demográfica…
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LA ERA DE LA POST VERDAD
LA ERA DE LA POST VERDAD La juventud, sólo una pequeña parte de ella, nos permite colegir que en el Perú nada cambiará en los próximos cincuenta años, los escasos jóvenes bien instruidos, inteligentes y con futuro los hay en todas las profesiones, el periodismo entre ellas (aunque personalmente no lo considere una profesión en la medida que cualquiera actúa como tal pues la colegiatura no es obligatoria) todos sucesores de la élite que nos gobierna. No obstante lo anterior admiro la inteligencia, y formación de los jóvenes, uno de ellos pertenece al “periodismo” siempre bien centrado y con apropiados comentarios como marca personal de su trabajo. Hoy como todos los domingos escribe su columna en el Diario La República titulada “Verdades alternativas” pueden leerla en el siguiente enlace: http://larepublica.pe/impresa/opinion/843493-verdades-alternativa …
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Amidst Global Turmoil, The Immigration Fiasco
There are questions upon questions, such as whether the Department of Justice, Office of Legal Counsel, vetted the Trump Executive Order before its issuance. It’s not that OLC’s opinion makes it legal, but at the very least it would show that Trump understood the ramifications of the order and intended them. Did Trump mean to block legal permanent residents, green card holders, from the United States? These are people with homes, car loans, kids in school, who have been here for some length of time, often decades. They have no other home, no other country. They pay taxes, serve in the military, bake cupcakes and perform brain surgery on your child. There were assertions that Customs and Border Patrol had no clue what they were supposed to do about the EO, and left to their own devices, did their worst as they are wont to do. They detained and blocked with abandon. Were DHS and its subsidiary agencies kept in the dark or fully informed, as Trump supposedly claimed?…
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Dinner at Le Coucou
There’s a hot new French restaurant in Manhattan, so naturally we wanted to go. We love classic French food, far more so than the nouvelle cuisine that so many chefs try to invent so they can become famous for their being on the cutting edge. The name is Le Coucou. The problem is getting a reservation. Dr. SJ gave them a call to make a reservation, but no one answered the phone. Then again, they use Open Table for reservations, so no reason to speak with a human being. It seems they only do reservations a month in advance. Fair enough. So, she gave it a go on a Saturday morning to make a reservation four Saturdays hence. Nothing. Not a chance. Booked solid. Le Couou, being the hot new restaurant, likely attracts a great many people who, like us, want to try it, and perhaps like us, appreciate classic French cuisine more than the new cool kind. Have you ever tried Tobacco Ice Cream? It’s disgusting. You can’t make this stuff up. What we figured was that they…
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Cal.6th: Broad electronic search probation condition was justified by the crime
The defendant juvenile took pictures of his having sex with a girl he was in school with and then he blackmailed her. He was found delinquent under the juvenile law for possession of child pornography and extortion. The broad probation … Continue reading →
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CNN: White House discussing asking foreign visitors for social media info and cell phone contacts
CNN: White House discussing asking foreign visitors for social media info and cell phone contacts by Jake Tapper: Miller also noted on Saturday that Trump administration officials are discussing the possibility of asking foreign visitors to disclose all websites and … Continue reading →
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Constitutional Rights Apply to Everyone, Including Immigrants
Donald Trump occupies the oval office but he cannot erase the Constitution. The Constitution protects everyone, including the undocumented and non-citizens. If you are not a citizen, here are your most basic rights, according to the National... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Tyler mayor to run B&B for racially profiled black men, and other stories
Blogging was slow last week but that doesn't mean there weren't quite a few items in the news which merited Grits readers' attention. Here are a few of them:Medical neglect at TDCJ espied after prisoner deathAlton Rogers died of head trauma in an Amarillo prison unit about a year ago after his cellmate slammed his head into the concrete. But autopsy results and medical records revealed he was extremely malnourished and significant medical problems had long been neglected by TDCJ which also contributed to his death. The Intercept has excellent coverage of this story. Tyler mayor to run B&B for racially profiled black menHeisman trophy winning running back Ricky Williams was stopped by cops in my hometown of Tyler earlier this month and questioned in an exchange caught on police dashcam. He'd been taking a walk around his hotel, where he was staying in order to attend an awards dinner for Earl Campbell's foundation, when a homeowner called…
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