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Stay Out of Jail on Super Bowl Sunday | Six Reminders | Texas Criminal Laws

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We’re just days away from Super Bowl LI in Houston, and football fans are gearing up for the big game. According to a stat that gets floated this time every year, Americans are expected to consume 325.5 millions gallons of beer on Super Bowl Sunday – enough to fill 500 Olympic-size swimming pools. While we can’t vouch for that ginormous number, we do know that over-imbibing can lead to more than just a hangover on Monday morning. It can lead to bad decisions, rowdy behavior and uncomfortable stay in a local jail cell. In an effort to keep you and your friends on the right side of the law, here’s five ways to stay out of jail on Super Bowl Sunday in Texas. 1. Have a game plan for getting home. You’ve heard it many times before: If you plan to drink, don’t drive. Line up a designated driver, take an Uber, rent a hotel room. Texas roads are vast and police will be out in full force, looking for impaired drivers or for any reason to stop you…

Animal Cruelty and other Crimes against Pets in Utah

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Many Utah residents love their fur babies as if they were part of their family and are horrified when crimes against pets such as animal cruelty occur. Torture of a companion animal A Provo, Utah man was recently convicted of torture of a companion animal after he sought out, purchased, tortured, and killed nearly a […] The post Animal Cruelty and other Crimes against Pets in Utah appeared first on Salt Lake Criminal Defense Attorney.

Another Part of President Obama's "Legacy"

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It goes way beyond merely skyrocketing violent crime in major cities over the last two years."Heroin overdose death rates increased by 26 percent from 2013 to 2014 and have more than tripled since 2010," says the January report from the U.S. Centers for Disease Control and Prevention.More than 47,000 people died from drug-overdose deaths in 2014 alone, including 28,647 from opioids and heroin overdoses. Nearly all of the heroin used in the U.S. is brought across the border by Mexican traffickers, who are nearly always illegal aliens.The report states:More persons died from drug overdoses in the United States in 2014 than during any previous year on record. From 2000 to 2014 nearly half a million persons in the United States have died from drug overdoses. In 2014, there were approximately one and a half times more drug overdose deaths in the United States than deaths from motor vehicle crashes. Opioids, primarily prescription pain relievers and…

¡¡¡CHINCHEROS!!! LA OPOSICIÓN Y PPK

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Es muy difícil entender por qué se ha politizado la construcción de este Aeropuerto, intentaré escribir lo que pienso. Primero, cuando dos boxeadores se van a enfrentar ambos suben al cuadrilátero no sin antes haber visto los antecedentes de su rival y los consejos de sus respectivos entrenadores. En el cuadrilátero los combatientes y sus entrenadores observan al contrario hasta que perciben  una debilidad no advertida en las instancias previas y le dicen a su boxeador, ¡es un paquete sólo sabe dar mazazos sin ton ni son!, baila deja que te persiga y no permitas que acierte uno de esos golpes  porque  será el último para ti. Y el instruido baila, baila, baila y no cesa de bailar (argot boxístico) y su rival persigue, persigue sin colocar un golpe que ponga fin a la pelea, finalmente se cansa y el bailarín lo noquea. Pienso que algo de esto “prima facie”…

HAPPY BIRTHDAY AYN RAND

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She's the author of two of the best-selling books of all time. But more than that, she is one of the foremost modern proponents of the belief that ideas and philosophy matter. You don't have to approve of her philosophy to approve of her writings on behalf of Philosophy qua non. The proof that ideas matter and a philosophy is needed for an individual to lead a productive life.Rand was at her core, an individualist who advanced the belief that a person's mind was the singular attribute a person needed to survive and thrive.Rand has gone from being scorned as someone who hated the poor (not true-she merely felt no person had a right to the fruits of another's honest labor)  to be admired and the intellectual "fountainhead" of the neo-conservative (and non-religious) movement.Like her or not- her contribution to philosophy, economics, law, art, and politics must be recognized.Here are two two excerpts- a clip from a Phil Donahue- who was…

A Revival of Historic Jurisprudence?

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Dan Priel, Holmes’s ‘Path of the Law’ as Non-Analytic Jurisprudence, 35 Univ. Queensland L.J. 57 (2016), available at SSRN.Markus D. Dubber, New Historical Jurisprudence: Legal History as Critical Analysis of Law, 2 Critical Analysis of Law 1 (2015), available at SSRN. Brian Tamanaha Of late there has been a notable burst of attention to the interaction between history and legal theory generally, and historical jurisprudence specifically. This includes a symposium in the Virginia Law Review last year on Jurisprudence and (Its) History, and a forthcoming book, Law in Theory and Jurisprudence, both with contributions from prominent scholars. What makes this noteworthy is that decades ago historical jurisprudence itself was consigned to the dustbins of history. As Brian Bix declares in his leading Jurisprudence text, “historical jurisprudence has largely disappeared.” Historical jurisprudence emerged in the nineteenth century in the…

Georgia Court Upholds Limitations On Expert Testimony in DUI Case

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One of the most common ways that criminal defendants may attempt to avoid a DUI conviction is to challenge the validity or reliability of DUI testing results. Since DUI testing can be complicated and scientific, this typically requires the use of an expert who can testify to popular testing methods, their reliability, and the ways that results may be skewed or invalidated. DUI experts must be qualified before the court, meaning that they must show that they have the experience and background to testify credibly on these issues. A recent case before the Georgia Court of Appeals looks at a defendant’s appeal of a court’s limitations on the ability of an expert to testify. In Muthu v. State, the defendant was pulled over after his vehicle was observed failing to adhere to lane lines on the road. During the stop, the officer noticed that the defendant was exhibiting signs of intoxication, including bloodshot eyes and slurred speech. He asked the…

A Side Of Anarchy

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The “Dangerous Faggot” was to speak at Berkeley, where the free speech movement was born. Whether you like what Milo Yiannopoulos has to say or think he’s the most outrageous, hateful asshole ever doesn’t matter. That’s what free speech is about. Chancellor [Nicholas] Dirks has just sent a follow-up email, probably prompted by the widespread attention from other blogs that aren’t so off-putting and creepy as this one. From a tipster, here it is: Every fall for the last many years, we have issued statements concerning the virtue of civility on campus. This principle is one of several that Berkeley staff, students, faculty, and alumni themselves developed and today regard as “fundamental to our mission of teaching, research and public service.” To quote further from our “principles of community”: “We are committed to ensuring freedom of expression and dialogue that elicits the full spectrum of views held by our…

"The Predictable Disarray: Ignoring the Jury in Florida Death Penalty Cases"

One corrections officer dead as Delaware prison riot comes to end

Five gun arrests at Jacksonville high school in a month

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First Coast High School has had an dramatic increase in weapon related arrests at their school this month.  According to an article on News4Jax, there have been 5 weapon related arrests at the school in just under a month.  The most recent case was a student who brought a gun to school last week.  The child was arrested on possession of gun charges in Duval County and in addition to the criminal charges, will face school disciplinary actions no matter the disposition of the criminal case.  According to the article, there have been eight separate instances of guns being brought to area schools in 2017. In the state of Florida, it is illegal to bring a gun or any weapon on school property.  “School” is defined as a preschool, elementary, middle, junior high school secondary school, career school or post secondary school.  This ban also applies to school sanctioned activities.  The child who allegedly brought the gun to school at…

Spotlighting the (inevitable?) mixture of marijuana, regulators, money and lobbying

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The Hill has this notable lengthy article, headlined "Marijuana lobby goes mainstream," highlighting the . Here are excerpts: In a sign that the budding marijuana industry is moving away from the fringes and into the political mainstream, into the political mainstream, a number of officials once tasked with managing the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Lw7xABzi0H8" height="1" width="1" alt=""/>

Where The Boys Are

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There was once a time when a parent, usually a father, wanted his son to join the Boy Scouts. It was an opportunity for his son to do boy things. Make campfires. Tie knots. Dad’s gave their sons pocket knives so they would have a tool on them when they needed to fix something, cut something, even just whittle a stick in a down moment. Guy stuff. I was never a boy scout. One of my best childhood friends was, and his father was the Scoutmaster. They kept trying to get me to join, even invited me to the Jamboree. But I declined. It wasn’t that I didn’t like doing guy stuff. I did. It was just that I wasn’t big on joining things. My son wasn’t a boy scout. I offered him the opportunity, but he declined. He, too, like doing guy stuff, and we had great times doing it together, but he wasn’t a joiner either. One of my son’s friends was a boy scout, going for Eagle. He asked me to be his counsel at his Eagle Scout interview. I did, and I was…

GUN CHARGE REDUCED – NO JAIL

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On November 16, 2016, DX, a 24 year old electrician from New Hampshire, was driving from a job site in Massachusetts back to his home in NH. He drove thru a red light in Salisbury and got pulled over by the police. When the officer reached the car and looked inside he immediately observed a fully loaded magazine for a handgun in plain view on the passenger seat. The officer immediately asked the driver if he had a LTC (License To Carry) or an FID (Firearm Identification Card) card and the driver replied no. The officer had the driver exit the car and immediately cuffed the driver. The driver was placed in the rear of the officer’s cruiser. During a subsequent search of the vehicle the handgun (a Smith & Wesson Military and Police 9mm Shield model sidearm) was located in the unsecured glovebox. Also located in the vehicle was a black concealed carry paddle holster. The rounds inside the magazine were found to be 9mm hollow-point rounds. DX was charged with Carrying a…

Violation of an Abuse Prevention Order – NOT Guilty

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On October 16, 2016, NU, a 31 year old technician from Lowell was arrested and charged with Assault & Battery on his ex girlfriend. He was held overnight and on October 17, 2016 he was brought to Lowell District Court to be arraigned. He was arraigned on the Assault & Battery charge. His ex girlfriend was present and had applied for an Abuse Prevention Order (Restraining Order). The Court conducted a hearing and granted the Abuse Prevention Order. The order, among other things, ordered NU to have no contact, directly or indirectly, “in person, by telephone, in writing, electronically or otherwise” with his former girl friend. NU and his former girl friend had been fighting over custody of a dog. On October 20, 2016 NU and his attorney (not Attorney Lewin) were having a telephone conversation. The attorney asked NU for NU’s former girlfriend’s telephone number. NU went to his iPhone, went into his text messages, got the last text message from his…

Can I Clear Up an Outstanding MA Warrant if I’m Out of State?

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In most cases, a bench warrant has to be taken care of in person. If you moved to California to avoid another New England winter, you will still have to come back to MA if this is where the warrant was issued. There are some exceptions, but navigating this complex process requires the assistance of a skilled defense attorney. In certain situations, a lawyer can go to court on your behalf. This is especially true if the lawyer has a good reputation with the court. Several factors will be considered before such an exception is allowed, however. For starters, if the warrant is for a felony, you will almost certainly have to appear in person. If, on the other hand, the warrant is for something minor, such as failing to pay a fine, the warrant may be dismissed once full payment is received. In misdemeanor cases, an out of state client may hire an attorney to stand in for court proceedings. However, as explained above, this will only be approved under certain conditions. Arrest…

The Myth of the Stolen Supreme Court Seat

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The WSJ has this editorial with the above title:The "theft" is supposedly the GOP Senate's refusal last year to vote on President Obama's nomination of Merrick Garland to fill Antonin Scalia's seat. But the standard of not confirming a Supreme Court nominee in the final year of a Presidency was set by . . . Democrats. And by no less a Beltway monument than the current Senate Minority Leader, Chuck Schumer. "We should not confirm any Bush nominee to the Supreme Court, except in extraordinary circumstances," Mr. Schumer declared in a July 2007 speech to the American Constitution Society. Democrats then held the Senate and Mr. Schumer was putting down a marker if someone on the High Court retired. George W. Bush didn't get another opening, but Mr. Schumer surely meant what he said. The Democratic theft standard goes back further to Joe Biden's days as chairman of the Senate Judiciary Committee. In June 1992 in…

van Ruitenberg on Motorcycle Gangs, Pre-Emption, and Prevention

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Teun van Ruitenburg (Erasmus University Rotterdam (EUR) - Department of Criminology, Students) has posted Raising Barriers to ‘Outlaw Motorcycle Gang-Related Events’: Underlining the Difference between Pre-Emption and Prevention (Erasmus Law Review, Vol. 9, No. 3, 2016) on SSRN. Here is...

BGer 4A_465/2016: Die Behandlung des MwSt-Zuschlags bei der Parteientschädigung

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Gem. Art. 29 HonO/SG wird die Mehrwertsteuer zum Honorar und zu den Barauslagen hinzugerechnet. Diese Norm ist grundsätzlich bundesrechtskonform. Art. 12 Abs. 1 des Reglements vom 31. März 2006 über die Parteientschädigung und die Entschädigung für die amtliche Vertretung im Verfahren vor dem Bundesgericht (SR 173.110.210.3) legt dies auch für das bundesgerichtliche Verfahren so fest.Das Bundesgericht betrachtete es aber als willkürliche Anwendung von Art. 29 HonO, wenn mit der Parteientschädigung die Mehrwertsteuer hinzugerechnet wird, obwohl die obsiegende Partei durch diese Kosten aufgrund des Vorsteuerabzugs nicht belastet wird. Der Sinn der Bestimmung könne nicht sein, dass solche Kosten zugesprochen werden, obwohl sie nicht entstehen bzw. die betreffende Partei wirtschaftlich nicht belasten, da sie von deren eigenen Mehrwertsteuerabrechnung als Vorsteuer in Abzug gebracht werden können (Erw. 3.2.3).Dies bedeutet, dass…

That time when TDCJ contracted with black-market party-pill pushers who were busted before they delivered their shipment

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Did the Texas Department of Criminal Justice really contract with black-market pill dealers in India to supply execution drugs? That's the blockbuster revelation in this Buzzfeed report. Apparently, "In January 2015, facing a market where reputable options have dried up after manufacturers forced sellers to agree to never sell to executioners, Texas looked overseas and found willing sellers in India." TDCJ told the DEA in an official filing that they'd be getting the drugs from a company called Provizer Pharma, which turned out to be a front for an illegal-drug ring that sold a wide array of party pills in underground Indian markets, TDCJ spokesman Jason Clark called the Buzzfeed story "highly speculative and inaccurate" and insisted that, “The agency has not engaged in any transaction with this company.” But the fact is, TDCJ really did submit paperwork to the DEA saying it intended to buy drugs from these black-market…
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