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Russian Train Blast Caused by Home-made bomb

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The blast at the St Petersburg train station was reportedly a homemade bomb of TNT with shrapnel. At least ten people died. So far,leaders of several countries have sent their condolences to Russia. Where's Trump? He isn't mentioned. In... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Texas DWI Penalties

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In the state of Texas, you are deemed to be driving while intoxicated or DWI if you have a blood alcohol limit (BAC) above a certain level. For those 21 years old +, you are legally intoxicated with a BAC of .08%. For commercial drivers, the level is .04%, and for those under 21, any [...]Read More

Stupid Gets Stupider

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I noted here that a Democratic filibuster of Judge Neil Gorsuch would be stupid. Gorsuch is well qualified ("very well qualified," according to the distinctly non-conservative ABA); he has proven to be independent-minded (perhaps more so than I, strictly as an advocate, would prefer); and he is the least doctrinaire candidate that President Trump can be expected to nominate if, as seems probable, he has at least one more vacancy to fill.None of this is exactly a secret; indeed, I think it's known all over town. Notwithstanding, the Democrats are now going to go forward with their filibuster.They will thus unite Republicans while dividing their own party; pave the way for a more conservative Supreme Court than we probably otherwise had coming; paint themselves as dead-end partisan just when they had Mr. Trump in the corner; and possibly open the door to ending the legislative filibuster just as the Republicans, for the first time in years, control both the Senate…

Opinion permitting consideration of mandatory minimum in setting offense for predicate offense

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Chief Justice Roberts delivered the opinion of the Court in Dean v. United States.

Today's criminal law/procedure cert grant

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Issue summary is from ScotusBlog, which also links to papers: Ayestas v. Davis: Whether the U.S. Court of Appeals for the 5th Circuit erred in holding that 18 U.S.C. § 3599(f) withholds “reasonably necessary” resources to investigate and develop an...

Minnesota Police May Undergo Mental Health Deescalation Training

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A new proposal would set aside $7 million to ensure all police officers in Minnesota would undergo formal deescalation and safety training focused on handling situations involving a person with mental illness. The bill, which has bipartisan support, would include mandatory training in crisis intervention, conflict management and cultural issues surrounding mental illness for all of the state’s 10,500 officers. The goal of training is to shift away from lethal and forceful intervention techniques when handling certain situations involving some patients with a mental illness. Our officers “need a better understanding of how to diffuse what are often tense situations,” said Andy Skoogman of the Minnesota Chiefs of Police Association. The MCPA have already come out in support of the bill. Increased Number Of Mental Health Calls One of the driving forces behind the proposal is the fact that there have been an uptick in mental health-related calls in…

In Cardno ChemRisk v. Foytlin, the SJC Slaps Down Attack on Protected Speech

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At a time of increasingly public protests, the Supreme Judicial Court recently reaffirmed its commitment to protecting speech here in Massachusetts.  Under Masschusetts’s Anti-Strategic Litigation Against Public Participation law (“Anti-SLAPP”), defendants can move to dismiss a lawsuit filed against them if that lawsuit targets their attempt to influence a government body or seek help from one.   It had always been clear that when a person attempts to influence the government on their own behalf – in other words, to vindicate their own interests – the statute protected that activity.  But in Cardno ChemRisk v. Cherri Foytlin et al., the Court made clear that the statute extends to citizens’ right to advocate not just for themselves, but also for others. Massachusetts is one of twenty-eight states with Anti-SLAPP protection.  These statutes buttress a basic constitutional right:  The First Amendment of the United…

EFF: The Bill of Rights at the Border: Fourth Amendment Limits on Searching Your Data and Devices

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EFF: The Bill of Rights at the Border: Fourth Amendment Limits on Searching Your Data and Devices by Stephanie Lacambra: More than 325,000 people enter the United States via airports every day, with hundreds of thousands more crossing by land … Continue reading →

NY: Grant of a SW is not appealable before execution

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A court order approving a search warrant for Facebook records is not appealable under New York law. The court rejects that the SCA is more like a subpoena than a search warrant, and the rule has been long standing in … Continue reading →

How O.J. Got the Fuhrman Tapes (and You Can Get Out-of-State Materials)

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Almost everyone knows about the trial of O.J. Simpson for the murders of Nicole Brown Simpson and Ronald Goldman. Many people also know about a key piece of evidence introduced by the defense—taped interviews in which one of the investigating officers, Los Angeles Police Department detective Mark Fuhrman, used racial slurs. Less well known is the legal mechanism that the defense team used to obtain the tapes, which were in the possession of a North Carolina writer who refused to turn them over voluntarily. How did O.J.’s lawyers compel a resident of North Carolina to produce the tapes in faraway Los Angeles, California? This post reviews the procedure used in the O.J. case and other ways to obtain out-of-state materials in a criminal case. What Doesn’t Work Let’s look first at what doesn’t work. An ordinary North Carolina subpoena does not obligate a person in another state to produce records in a North Carolina case. The United States Supreme…

Almendares & Landa on Joint Intention and Accomplice Liability

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Nicholas Almendares and Dimitri Landa (Tulane University - Law School and New York University (NYU) - Wilf Family Department of Politics) has posted Joint Intention and Accomplice Liability on SSRN. Here is the abstract: When can one be held criminally...

IL: A hunch a man on the street has a gun in Chicago isn’t reason for a stop because of the state right to keep and bear arms

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A hunch that a man on the street might have had a gun wasn’t reason for a stop because of the right to keep and bear arms. People v. Horton, 2017 IL App (1st) 142019, 2017 Ill. App. LEXIS 218 … Continue reading →

NBC: Comey: FBI Couldn’t Access Hundreds of Devices Because of Encryption

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NBC: Comey: FBI Couldn’t Access Hundreds of Devices Because of Encryption by Tom Winter, Tracy Connor and Pete Williams: On a day when civil liberties groups were expressing alarm at the tools the CIA has apparently developed for using electronic … Continue reading →

Illinois Driver’s License Point System

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The Illinois Secretary of State uses a unique system to determine driver’s license suspensions and revocations based on the number of moving violations and a point system. A driver 21 years of age or older will have their license suspended if they receive three moving violation convictions within a 12 months period, while a driver under the age of 21 will have their license suspended if they receive two moving violation convictions within a twenty-four month period. Every moving violation is assigned a specific number of points. Once a driver reaches the number of convictions outlined above, the Secretary of State will use the total number of points accumulated to determine the duration of suspension or revocation. For those 21 or older, if you have three convictions for traffic violations within a 12-month period your Illinois driver’s license will be suspended as follows: Continue Reading The post Illinois Driver’s License Point System…

Should I testify in the Grand Jury? Part Three

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This is the third part of a multi-part blog post about how the Grand Jury in New York works and whether a defendant should testify in it. As mentioned before, this blogpost is written for laypeople to understand and deliberately avoids legalese or other jargon. It also is not legal advice. The decision to testify in the Grand Jury is an important one and you should not substitute this post for the advice of an actual lawyer. If you want legal advice, hire a lawyer. Part One described what the Grand Jury does and how it differs from a petit jury (also known as a trial jury). Part Two focused on the actual differences between the two kinds of juries and dealt with why the decision to testify at the Grand Jury involves a different kind of analysis than the decision to testify at trial. This final part is intended to tie everything to together. As I mentioned in Part Two, there are four main reasons why a defendant should think twice before testifying in…

Appraisal Institute Testifies on VA Loans

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Mortgage Fraud Blog. The nation’s largest professional association of real estate appraisers today urged Congress to protect the independence of real estate appraisers in the federal program that provides housing loans to military veterans. The Appraisal Institute testified at a Congressional subcommittee hearing on Capitol Hill. The Appraisal Institute specifically addressed a central ordering feature of the U.S. […] The post Appraisal Institute Testifies on VA Loans appeared first on Mortgage Fraud Blog.

West Virginia seemingly poised to become latest medical marijuana state (and first new one in the Trump era)

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This new local article, headlined "Medical marijuana bill passes WV House; Senate likely to concur," reports on some interesting and notable marijuana reform news out of the Mountain State. Here are the basic details: A bill that would permit the use of medical marijuana in West Virginia was approved by...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/MRwqzA70Egk" height="1" width="1" alt=""/>

Hugo Guerra García y las Fuerzas Armadas

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http://www.expreso.com.pe/opinion/hugo-guerra/atentado-nuestras-ff-aa-hugo-guerra-naturaleza-peru/ “Corresponde entonces interponer una acusación constitucional contra estos magistrados, quienes burlan el principio de que el TC no es un órgano de doble instancia. Corresponde también que los parlamentarios acojan de inmediato la acusación y que el Ejecutivo se pronuncie contra del abuso de derecho.” El artículo del señor Hugo Guerra, recomiendo que lo lean, pide denunciar a los miembros del TC porqué han reabierto el proceso de “El Frontón” donde murieron muchos seres humanos. No estoy en condiciones de opinar sobre si tal decisión es buena o mala, critico el derecho fundamental a expresarse libremente y como este se usa según sean los intereses que se protegen y por ello los amos del poder han puesto en primera línea a los “marines” de la…

La Cultura en el mundo interior de los niños

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Tengo una hermosa nietecita (es mi pimpollito) que pronto cumplirá cuatro años, la última hija de mi hija y que este año fue matriculada en un jardín  en el bello Valle Sagrado (Urubamba). En su defensa comparto con ustedes la siguiente nota periodística realizada, como no, al amparo de la libertad de expresión, sin que interese para nada el derecho fundamental a la información con verdad y libremente. http://peru21.pe/cultura/dorita-y-dragon-enterate-sobre-este-cuento-peruano-lgtb-ninos-fotos-y-video-2276607 “Siempre he creído que la educación empieza desde pequeños, si se puede llevar un mensaje de tolerancia, creo que ellos les van a enseñar a los más grandes”, dice Blanca Canessa, la autora de ‘Dorita y el dragón’, un cuento peruano que está dirigido para niños y que aborda la realidad de muchas personas gays, bisexuales, lesbianas…

ISIS Says U.S. is Being Run By an "Idiot"

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ISIS has released an official 37 minute audio statement in Arabic by spokesman Abi al-Hassan al-Muhajer. It is ISIS's first reference to Donald Trump since he acquired a desk in the Oval Office. He said the United States is "being run by an... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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