IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 02/12/17 4:30 p.m. Please direct questions to the District Office On Sunday, February 12, 2017, at approximately 12:17 p.m., the Idaho State Police investigated a single-vehicle injury crash on I-15 near milepost 86, south of Blackfoot. Gaven Cerino, 23, of Fort Hall, was driving northbound on I-15 in a 2007 Ford Fusion. Cerino's vehicle went off the left shoulder striking a guardrail, and then continued into the median where it overturned. Cerino was transported by ground ambulance to Bingham Memorial Hospital. Cerino was wearing a seatbelt at the time of the crash, and alcohol was involved. HG/NEH -------------
Crash near Blackfoot sends one to hospital
↧
↧
Sunday Night Open Thread
I have a separate thread up for the Grammys. Here's an open thread for everything else. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Grammys Tonight with James Corden Hosting
The Grammys' red carpet starts here in 30 minutes. I'm sure it's already streaming online, but as usual, the online websites are so disorganized, cluttered and slow, I'm not bothering. I'll wait to watch the condensed version on... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
How to Challenge Your Medical Marijuana DUI Charges
A medical marijuana cardholder can raise an affirmative defense when charged with driving under the influence under § 28-1381(A)(3). Recently, an Arizona appellate court considered an important case where the Justices reviewed what it takes to prove this affirmative defense. This article sheds light on some important related criminal law and defense topics: Continue reading
↧
How I do (and Guarantee to win) Michigan Driver’s License Restoration Appeals – Part 2
In part 1 of this article, we begin an examination of how, as a Michigan driver’s license restoration lawyer, I do driver’s license restoration appeals. The focus here is on what a client coming to my office can expect to happen, and how my methods are intertwined with the rules and procedures prescribed the Michigan Secretary of State and it’s Administrative Hearing Section (AHS), the body that actually decides these cases. I think it is important to note that my way of doing thing is not only the product of extensive experience (I don’t think there is a lawyer in Michigan who has done nearly half as many license appeals as I have), but also comes with a guarantee to win. Yet for all of that, the key to every license restoration or clearance case is that you must be genuinely sober. In this second part, I want to pick up where we left off, with the letters of support, and work our way to and through the hearing itself. I start work on…
↧
↧
WaPo: Can federal agents detain citizens at border checkpoints until they disclose their smartphone passcodes?
WaPo: Can federal agents detain citizens at border checkpoints until they disclose their smartphone passcodes? by Orin Kerr: The Verge has a story about the recent border-crossing experience of a U.S. citizen, Sidd Bikkannavar, who is an employee at NASA’s … Continue reading →
↧
The Right to Counsel of Choice
In United States v. Powell, the Sixth Circuit held the district court abused its discretion by allowing one but not both of defendant Earnest Proge's attorneys to withdraw as counsel. Mr. Proge raised his dissatisfaction with counsel during the final pretrial conference. He took issue with what he perceived to be his attorneys' efforts to force him to enter into a plea agreement. Subsequently, counsel briefed its request to withdraw as counsel.While the district court concluded that Mr. Proge was free to reject his counsel's advice and so there was no breakdown in the attorney-client relationship, the Sixth Circuit held the record supported a different conclusion. Mr. Proge's attorneys told him they had not been retained to represent him at trial, were not prepared or equipped for trial, and would not represent him if he chose to go to trial. Writing for the majority, Judge Guy held, "The conflict between Proge and his attorneys resulted in…
↧
Toning It Down
The Las Vegas Review-Journal has this editorial regarding presidents' attacks on the judiciary -- both the current and preceding presidents.
↧
Crash on I-15 near Fort Hall
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: Monday February 13, 2017 12:10 p.m. Please direct questions to the District Office Idaho State Police is currently investigating a commercial vehicle crash northbound on I-15 at milepost 81, near Fort Hall. Northbound lanes are partially blocked and motorists are urged to use caution in the area. JS/NH -------------
↧
↧
A Flawed Restraining of a Flawed Order
Michael McConnell, Stanford Law Professor and Hoover Institution scholar, has this article at Hoover on last week's Ninth Circuit decision.
↧
OH NO, NOT ANOTHER “OFFICE OF THE PUBLIC DEFENDER” PROPOSAL!
OH NO, NOT ANOTHER “OFFICE OF THE PUBLIC DEFENDER” PROPOSAL! Posted by Edmund R. Folsom, Esq February 13, 2017 Once again, there is a proposal before the Maine Legislature to establish an “Office of the Public Defender.” As with the last such proposal, a little over a year ago, under this one the Office of the Public Defender would consist of a Chief Public Defender and 2 Deputy Public Defenders. That’s it, three lawyers would cover the entire State of Maine. That would make it the strangest public defender’s office in the land. The reason it would be so strange is it really wouldn’t be a public defender’s office at all. Instead, it would be a deceptively named small operation whose primary (if not sole) mission would be to achieve cost containment, through bulk rate contracts with private attorneys for defender services. There are plenty of other states where such contact systems have been tried, and…
↧
Veröffentlichung der FINMA-Rundschreiben im Bereich Effektenhandel
Die Eidg. Finanzmarktaufsicht FINMA hat am 9. Februar 2017 das totalrevidierte Rundschreiben „Meldepflicht Effektengeschäfte“, das teilrevidierte Rundschreiben „Effektenjournal“ sowie das neue Rundschreiben „Organisierte Handelssysteme“ veröffentlicht. Das Rundschreiben 2018/2 „Meldepflicht Effektengeschäfte“ erweitert die Meldepflicht von Effekten auf Derivate, die als Basiswerte eine an einem schweizerischen Handelsplatz zum Handel zugelassene Effekte haben. Bei Derivaten, die sich aus mehreren Effekten ableiten, muss der Anteil von an einem schweizerischen Handelsplatz zum Handel zugelassenen Effekten mindestens 25% betragen. Weiter wird der Meldeinhalt um die Erfassung des hinter dem Geschäftsabschluss stehenden wirtschaftlich Berechtigten erweitert. Die Feststellung des wirtschaftlich Berechtigten erfolgt grundsätzlich nach gelwäschereirechtlichen Kriterien. Bei Auftragsweitergaben hat nur der…
↧
2017 GREFPAC Annual Conference
I will be the keynote speaker at the 2017 GREFPAC Annual Conference in Atlanta, Georgia on March 7, 2017. I will be speaking from 11 a.m. to Noon. Also speaking that day will be Scott Kelly, GREFPAC’s 2017 President; Kevin Ludden, Fraud and Industry Relations Manager for Fannie Mae; Robb Hagber, Freddie Mac, Director – […]
↧
↧
Revoking Parole When Invoking the Fifth Amendment
Do Parolees Still Have their Right Against Self Incrimination? Even individuals on parole have the right against self incrimination. Brendt Bennett was required to disclose his entire sexual history, including any uncharged sexual crimes, as part of his sex offender treatment during parole. Mr. Bennett claimed that this violated his Fifth Amendment right to be free from compelled self-incrimination. Since he refused to make these disclosures, his parole was revoked, and he had to return to prison to serve the rest of his six year to life sentence. Mr. Bennett challenged the parole revocation at summary judgment, but the district court dismissed his challenge. The Utah Supreme Court reviewed the grant of summary judgment for correctness. Summary judgment is appropriate when the record shows that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. The Fifth Amendment of the U.S. Constitution guarantees that no…
↧
'Outdated messages,' and timely ones
A few odds and ends while your correspondent is focused elsewhere.Maybe Texas should build a monument to legislators who end asset forfeiture, writes conservative commentator Roy Reynolds in rebuttal to President Trump's recent digression on the topic. Well done.Check out coverage of Harris County bail litigation from the Houston Press. Can we please clone Meagan Flynn and spread her dopplegangers around the state to report courthouse stories? She's doing a bang up job on this complicated subject.Retired Dallas Chief David Brown was among a law enforcement group visiting the President this week seeking criminal-justice reform. Here's a report he co-authored suggesting a criminal justice agenda for the new Administration.Ron DeLord, long-time CLEAT mugwump and police union attorney, has a new book out he's co-written with Ron York arguing that police unions have overreached and that their tactics of bitterly attacking all who criticize them, hoping to…
↧
#NeverReplaceable
Justice Antonin Scalia died a year ago today.There has been much discussion about his replacement. In the sense I have in mind today, the talk is pointless. Scalia was a once-in-a-lifetime intellect and a larger than life character. Someone will eventually sit in his seat, but he will never be replaced.I will repeat two tributes to him C&C published last year, here and here.
↧
The Georgia Computer Systems Protection Act, the Civil Suit and Punitive Damages
This post examines an opinion from the Supreme Court of Georgia: Lyman v. Cellchem International, Inc., 2017 WL 279514 (2017). The opinion issued in a civil case, but one that was brought under a “criminal” statute: the Georgia Computer Systems Protection Act.The court begins the opinion, as courts usually do, by explaining how and why the litigation arose and what had gone in the trial court:After Dale Lyman and his wife, Helen, left Cellchem International, Inc. (`Cellchem’) to work for a competitor, Cellchem sued the Lymans and two companies with which they had affiliated (collectively the `Lymans’), asserting claims for computer theft (see OCGA § 16–9–93 (a)) and computer trespass (see OCGA § 16–9–93 (b)) under the Georgia Computer Systems Protection Act (GCSPA) (see OCGA § 16–9–90 et seq.), breach of fiduciary duty, and tortious interference with business relations.…
↧
↧
**Update** Crash on I-15 south of Blackfoot
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: Monday February 13, 2017 2:35 p.m. Please direct questions to the District Office *** Update*** On Monday, February 13,2017, at approximately 11:19 a.m. the Idaho State Police investigated a two commercial vehicle crash on Interstate 15 at milepost 92, near Blackfoot. Dario Alvarez, 21, of Burley, was travelling southbound in a 2006 Freightliner with two trailers. One of the wheel assemblies from the trailer separated and traveled across the median striking a trailer being towed by a 2017 Volvo tractor, driven by Michael Laabs, 70, of Chubbuck, who was traveling northbound. The right lane for northbound travel was blocked for two and a half hours as crews cleared the scene.…
↧
Major Ponzi schemer gets major break from guidelines ... but still subject to major prison time
↧
Warantless Drug Searches on College Campuses
The Fourth Amendment of the constitution protects people from unreasonable search and seizures, but the law is not as clear-cut in some particular circumstances. One grey area in search and seizure law involves searches conducted at student housing owned by colleges. College campuses are unique in that they create their own set of laws and policies that their students need to abide by while attending the school. Universities generally have very strict policies, including rules that could be seen as infringing on the students 4th Amendment rights. Is it reasonable for universities to be able to conduct warrantless search and seizures on campus living facilities? The 4th Amendment protects people from unreasonable search and seizures, but is it considered reasonable for universities to be able to conduct random searches of students living on campus? There are two primary means by which universities may bypass a students Fourth Amendment right:…
↧
More Pages to Explore .....
