Oklahoma Officer Dies in Shootout: An Oklahoma police officer lost his life early Monday morning following a shootout with a suspect. Fox News reports that officer Justin Terney was engaged in a shootout with a suspect following a traffic stop late Sunday night. The suspect fled from the officer following the stop and opened fire after the officer used his stun-gun to attempt to subdue the suspect. Following surgery, the officer lost his life. The suspect who also sustained injuries is still in intensive care. Series of Shootings in Florida: A series of shootings Monday morning in Sanford, Florida, has left at least one person dead and multiple people wounded. John Bacon of USA Today reports a gunman shot four people in a home before leaving and shooting at random bystanders on the street before being subdued by Florida police. A woman in the home was killed and an adult and two children, ages 7 and 8, were rushed to a hospital in critical condition. The shooting reportedly…
News Scan
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Lawmakers eliminating time-frame protection for child sex offenders
If passed into law it raises all sorts of legal questions.3-27-17 Illinois: Those who suffered sexual abuse and assault as children decades ago may soon be able to obtain justice by having their victimizers prosecuted. State Sen. Scott Bennett, D-Champaign, introduced Senate Bill 189 in January, which would eliminate the statute of limitations for all felony child abuse and sexual assault
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SuperKush to Save America
He's a bird, he's a plane, he's SUPERKUSH! All Hail Family Trump. Today it's the son in law with zero policy or political experience who had already been tapped by the "me, my, mine" Trump to bring peace to the middle east and... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Orange County’s Fingerprint Expert Made Mistakes….Now What?
A fingerprinting expert for the Orange County Sherriff’s Department has been under internal investigation since October 2016, even though the State Attorney’s Office of Orange and Osceola County are just now finding out about it. An 18-year veteran fingerprinting expert, Marco Palacio, was said to be “sloppy” when performing his work and has been removed from his position. Over the weekend, Employees at the Orange County Sherriff’s Department worked to identify cases in which Palacio was listed as a witness; by midday Monday, there were 2,640 – of which 130 are still active cases. Now, the State Attorney’s Office is sending letters to Orlando-area defense attorneys informing them of the possibility of harm to their clients from fingerprinting mistakes made by Palacio. However, the State Attorney’s Office will not be determining whether anyone was wronging convicted or jailed because of possible error in fingerprinting…
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Monday Open Thread
I've got court this afternoon, here's an open thread, all topics welcome. No blog-clogging please, and keep it civil. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Why Video Voyeurism is on the Rise
From 2004-2009 there were only two convictions for video voyeurism in Orange County, Florida; by 2014 the number raised to 10. Increased use of smartphones with photo and video capabilities as well as the commercial availability of small digital cameras attribute to the rise in numbers. Intentionally filming someone when they have the reasonable expectation of privacy may result in charges of video voyeurism. Florida Statute §810.145 defines video voyeurism as: When a person for his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy. Video voyeurism can be easy to prove due to…
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Bill Would Make Attacks on Police Officers and EMTs a Hate Crime in Texas
The scope of hate crimes in Texas will expand if a bill to make all attacks on first responders hate crimes becomes law. The bill introduced in the Texas legislature would increase penalties for attacks against any first responder, including police, firefighters and EMTs, and make them hate crimes. Texas governor Greg Abbott spoke in favor of making offenses against police officers hate crimes after a sniper killed five police officers in Dallas last July. The father of one of the slain Dallas police officers is a vocal supporter of the sweeping new hate crime bill, Fox News reported. Rick Zamarripa, the father of Patrick Zamarripa, said he hopes supporting the bill will give new meaning to his son’s death. Texas has had a hate crimes act for more than 15 years but there are question marks over its use in the criminal justice system. How Effective is Hate Crime Legislation in Texas? Texas passed a hate crime stature in 2001. The Texas Department of Public…
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Artificial Intelligence is a Net Positive for Lawyers
A recent New York Times article explores whether artificial intelligence is replacing lawyers or whether it will in the future. The basic conclusion is that humans are necessary for legal work for the time being. As an attorney who does litigation, with an emphasis on appeals, habeas, sentencing, motions practice, and some limited trial work, I see this as an optimistic piece. Steve Lohr, who wrote the piece does a good bit of technology writing for the Times and has done a great job here identifying trends in A.I. and the law. So, let me take a minute to tell you why I think that this piece is ultimately optimistic. In any law firm, or any business,, there are very few things that only a lawyer should do. And to become more profitable and efficient, lawyers should limit their work to what only the lawyers can do. What are the things that truly only I can do in my practice? Only I can stand up and make an argument in court. Only I can approve and sign pleadings and…
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Typical Scenarios That Lead to Gun Charges in Massachusetts
Gun Charges in Massachusetts While the Second Amendment to the United States Constitution gives citizens the right to bear arms, i.e., own guns, there are many federal regulations and state laws that apply to gun ownership. There are many laws in place that criminalize certain gun activity, and an individual who is caught by law enforcement engaging in illegal gun activity could face severe punishment. There are many times when a criminal defendant finds him or herself facing gun charges in Massachusetts. Anyone who has been charged with a gun offense or other weapons offense needs to consult with an experienced Massachusetts criminal defense lawyer immediately. There are all sorts of reasons why people in Massachusetts want to have a gun. Some people think a gun will provide a sense of protection, or they like hunting or collecting guns. Others may have more nefarious purposes, such as for use in the commission of a crime. Whatever the case may be, no one who is facing…
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Retail Theft, Criminal Conspiracy and the Computer Monitors
This post examines an opinion from the Superior Court of Pennsylvania: Commonwealth v. Chikonyera, 2017 WL 815391 (2017). The court begins the opinion by explaining thatWilliam V. Chikonyera, appeals from the judgment of sentence of 4 years' probation, imposed after he was convicted, following a non-jury trial, of retail theft, 18 Pa.C.S. § 3929(a)(1), and criminal conspiracy, 18 Pa.C.S. § 903(a)(1). On appeal, Appellant solely challenges the sufficiency of the evidence to sustain his convictions.Commonwealth v. Chikonyera, supra.The opinion goes on to explain that[b]riefly, Appellant was arrested and charged with the above-stated offenses based on his and a cohort's theft of two computer monitors from a Walmart store located in Philadelphia. Appellant proceeded to a non-jury trial and was ultimately convicted of retail theft and criminal conspiracy. On November 24, 2015, he was sentenced to an aggregate term of 4 years' probation.…
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A Bad Proposal In Tennessee's DUI Law
Driving under the influence (DUI) laws are a political football in Tennessee. Every session some state legislator tries to be the driving force to enact new DUI laws. Bills are drafted and proposed without any rhyme or reason. The bad DUI bill of this session prohibits those of a DUI felony conviction from obtaining a restricted driver's license in Tennessee. A person can be convicted of a felony DUI if it is their fourth DUI conviction. Several years ago, the Tennessee State Legislature passed a bill allowing those with multiple DUI convictions including those convicted of a felony DUI to be able to get a restricted driver's license. The comment in the bill's passage state it was for the public's safety. It had a major catch. One had to install an ignition interlock device on one's vehicle for the entire length of the suspension. A DUI felony conviction carries an eight year loss of driver's license. So a…
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DUI Refusal In Arizona
Consequences Of A Refusal In A DUI Case When a DUI suspect is placed under arrest in Arizona, a police officer will request the driver to submit to a scientific test to determine their alcohol concentration or presence of drugs in their circulatory system. These tests can be accomplished by having the suspect submit to an intoxilyzer test (breath test), or a blood draw (by a qualified phlebotomist). Many suspects of course do not wish to submit to these tests. There may inevitably be incriminating evidence of drug or alcohol consumption prior to driving. A driver may not want to submit to a blood tests because they fear needles or have privacy concerns. A suspect may not be physically able to submit to a breath test because of asthma or some sort other medical reasons. Refusing to submit to these tests can have a detrimental impact on their Driver’s License and their DUI case. When Can A DUI Suspect Refuse a Test? In any criminal…
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Retail Fraud Arrest for Shoplifting from JC Penney
JC Penney has a reputation for prosecuting shoplifters to the fullest extent of the law. The policy of JC Penney is that actively apprehending shoplifters deters people from stealing and protects their merchandise. What makes JC Penney more successful with preventing shoplifting than other stores? First, the resources that JC Penney employs to discover and prevent theft is vast. They have well trained loss prevention personnel, closed circuit television monitoring of the entire store with recording of the same, and theft detection devices. Second, the loss prevention training is top notch. Closed Circuit Televisions are constantly monitored. Loss prevention also works on the sales floor to personally observe shoppers and look for suspicious behavior. Loss prevention is made aware of persons to watch out for who have a suspected prior history of theft from the store. Dressing rooms are frequently checked for missing items or removed…
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Short Sale Fraud Indictments and Sentencing
Mortgage Fraud Blog. Jasmin Polanco, 37, Methuen, Massachusetts, a real estate closing attorney, and Vanessa Ricci, 40, Methuen, Massachusetts. a mortgage loan officer, each pleaded guilty to one count of conspiracy to commit bank fraud in connection with a sweeping conspiracy to defraud banks and mortgage companies by engaging in sham “short” sales of residential properties in Merrimack […] The post Short Sale Fraud Indictments and Sentencing appeared first on Mortgage Fraud Blog.
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Non-Profit Series: 7. Benefits of 501(c)(3) Status
Written by Sagan L. Carman-DownerThe previous article in this series explained what the term 501(c)(3) means, and briefly which organizations can qualify for tax-exempt status under 501(c)(3). As explained in that article, many non-profit entities seek tax-exempt status under this provision as charitable organizations.In order to qualify under the charitable portion of 501(c)(3), your organization must be operated for a purpose that is recognized by the federal government as “charitable.” Purposes that are recognized include:• Relief of the poor, the distressed, or the underprivileged;• Advancement of religion;• Advancement of education or science;• Erecting or maintaining public buildings, monuments, or works;• Lessening the burdens of government;• Lessening neighborhood tensions;• Eliminated prejudice and discrimination;• Defending human and civil rights secured by law; and• Combating community deterioration and…
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¿Son los Panamericanos un capricho?
¿Son los Panamericanos un capricho? http://www.expreso.com.pe/opinion/hugo-guerra/solo-capricho-hugo-guerra-juegos-panamericanos/ En el enlace que pueden ustedes leer si lo desean, el articulista nos da a conocer los daños que hasta el momento nos causa la temporada de lluvias: cruentos, dolorosos y un gasto enorme demandará rehabilitar, recuperar y reconstruir toda la infraestructura perdida o dañada amen de la reubicación de los pobladores mal asentados por ello víctimas del fenómeno climático. Los Panamericanos se realizarán únicamente en Lima inmejorable oportunidad para que, construyendo: rehabilitemos, reparemos, reconstruyamos y reubiquemos. Paralelamente con la misma mística reconstruir en el resto del País. Se comporta el autor como lo haría cualquier peruano, “perro muertero”, “estafador”, “mentiroso” capaz…
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California Real Estate Agent Sentenced for Undisclosed Kickbacks
Mortgage Fraud Blog. Dianna Woods, 60, Citrus Heights, California, was sentenced to three years in prison for four counts of making false statements on loan applications. According to evidence presented at her four-day trial in December 2016, Woods was a licensed real estate salesperson who worked at a company called VLD Realty, doing business as Trade House USA, […] The post California Real Estate Agent Sentenced for Undisclosed Kickbacks appeared first on Mortgage Fraud Blog.
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Wisconsin Courts Award Unequal Property Division in Lieu of Maintenance Payments in Divorce
When dealing with a divorce in Wisconsin, courts must give careful consideration to the division of existing property, assets, and debts that a couple may have, as well as how to divide future obligations and income, if necessary. While Wisconsin courts typically start from the presumption that marital property should be divided equally between two spouses, such arrangements can be modified when it would be in the interest of the courts and the couple to do so. A recent Wisconsin Court of Appeals case considered and applied a creative approach for resolving spousal maintenance issues between a couple by instead offering one spouse an additional lump sum property award. Mr. and Mrs. K. were married for over 37 years. During that time, Mr. K. worked as a business owner, while Mrs. K. stayed home to raise their children. Since Mr. K. had worked for much longer than Mrs. K., upon retirement, he received a Social Security payment of $1,900 a month, while Mrs. K. received…
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Wisconsin Court Determines that Termination of Parental Rights Cannot Be Stayed
In Wisconsin, when a parent is unwilling or unfit to take care of his or her child, the parental rights of the individual may be terminated through special proceedings. The termination of parental rights is governed by statute and is taken very seriously, since it can have a huge impact on both the life of the child and the life of the parents. A recent case before the Wisconsin Court of Appeals considers the question of what to do when lower courts deviate from termination of parental rights procedures. In the lower court case, T.A.V. was born to D.P.V. with drugs in her system. As a result of these findings, T.A.V. was separated from her parents and placed outside the home. A petition to terminate parental rights was filed approximately a year after her birth. The basis for the petition was twofold: a continuing need to protect the child from her parents and a failure by the parents to assume parental responsibility. A hearing was held on the petition,…
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