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Pascoe on Comparative Drug Law

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Daniel Pascoe (City University of Hong Kong (CityUHK) - School of Law) has posted Drugs Law and Legal Practice in Southeast Asia: Indonesia, Singapore and Vietnam (Hart 2016) (Book Review Essay) (Melbourne Journal of International Law, Vol. 18, No. 1,...

Underage Drinking Lawyer — Coachella Dragnet

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California Underage Drinking Lawyer — The Annual Coachella Dragnet It is a rite of passage for many music lovers to journey to the Coachella Valley in Riverside, California to enjoy the annual music festival which this year will last over a two week period.  As with many music festivals, Coachella oftentimes have designated drinking or […] The post Underage Drinking Lawyer — Coachella Dragnet appeared first on Los Angeles Criminal Defense Attorney-Pasadena Ontario | Leib Law.

Aaron Hernandez found not guilty in Boston Murder Trial

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Aaron Hernandez was found not guilty of a double murder from 2012 in Boston.  The key piece of evidence leading to the not guilty verdict was that Alexander Bradley the only one directly linking Hernandez to the murder could not be trusted.  There was evidence that he was lying, manipulative, had a long criminal history including gun charges and was a known drug dealer. The Commonwealth did everything it could to distance itself from Bradley and in closing argument tried to suggest that Bradley’s testimony was not really necessary for a conviction.  But in the end, the jury could not determine whether Bradley fired the shots.  Given that Bradley had a gun related incident after his immunity deal, the jury concluded it was equally likely that Bradley fired the shots and Hernandez was nervous that he was associated with a shooting. In his closing argument, the prosecutor spent about an hour addressing what the evidence was and how strong it was even…

Former Orange County Martial Arts Fighter Pleads Guilty to Assault and Battery Charges

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Jason ‘Mayhem’ Miller stood in court with his trademark pink mohawk on Wednesday and was sentenced to three years probation and 100 days in jail for a list of felonies involving multiple clashes with the Orange County police. Miller who is 36 years old, plead guilty to about a dozen felonies and misdemeanors which included assault on a peace officer, battery and resisting arrest. Miller got a plea bargain with Orange County Superior Court Judge Robert Fitzgerald. He was given double credit for his 50 days of time served, so he will not have to spend any more time behind bars, his attorney Cameron Talley said. Talley reported that Miller has two strikes on his record now and could have some serious consequences if he violates his probation. According to Miller’s lawyer the former champion MMA fighter had lost his job as a commentator for Fox Sports and became engulfed in depression after allegations of domestic violence with his ex-girlfriend in his…

Injury crash near Roberts

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 04/14/17 5:45 p.m. Please direct questions to the District Office On Friday April 14, 2017, at approximately 1:39 p.m. the Idaho State Police investigated a one-vehicle rollover crash on Interstate 15 at milepost 131.5, just south of Roberts. Arnanda Branning, 26 of Hotchkiss, Colorado, was northbound in a 2005 Chevrolet Uplander. Branning fell asleep and the vehicle went off the right shoulder and rolled. Branning and her four passengers were taken by ground ambulance to Eastern Idaho Regional Medical Center in Idaho Falls. Branning and two of her passengers were not wearing seatbelts. The other two passengers were wearing seatbelts. 3560 / 3725 -------------

Suppressing the DUI Intoxilyzer 8000 Results for a Lack of Substantial Compliance

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The goal for the attorney in a DUI case involving a breath test reading over .08 is getting the breath test result thrown out of evidence. In order to get the breath test results thrown out, the DUI defense attorney can file a motion to suppress the breath test reading when the machine used during […]

Violación en la Discoteca "fuego"

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http://larepublica.pe/impresa/opinion/865432-violencia-y-genero "¿Cree que exagero? Piénselo. Se ha violado a alguien en un lugar público entre risas y aplausos, y se ha publicado en redes donde cientos de comentaristas no tomaron ni un segundo en culpar a la víctima. Empatía cero. Másquelo, digiéralo, y haga algo al respecto porque son estas cosas las que nos definen como sociedad."COMENTARIO Este artículo que trata sobre la violación de una joven demasiado ebria para darse cuenta de lo que pasaba y menos para oponerse, termina con el párrafo que trascribo. No opinaré sobre la violación sí sobre la conclusión del articulista, según él, el que nadie impidiera la violación, sólo Dios sabe si el sujeto y los que estaban presentes estaban borrachos y/o drogados, NOS DEFINEN COMO SOCIEDAD. No porque escriban en un medio podemos deducir…

M.D.Fla.: Attempted flight to back of house from arrest in the home justified protective sweep

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Officers entered with an arrest warrant. Defendant’s attempt to flee to the back of the house justified a protective sweep of that area because of the possibility there might be others back there. United States v. Thompson, 2017 U.S. Dist. … Continue reading →

E.D.Tenn.: Turn signal statute is unambiguous, and officer’s mistake wasn’t objectively reasonable under Heien

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The Tennessee turn signal statute is clear and unambiguous, unlike the brake light statute in Heien. Officer “Garrison did not have a reasonable suspicion that Pate had violated the traffic laws. Thus, the stop was unlawful. As a passenger, Fortune … Continue reading →

City approves sex offender ordinance after changes

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4-15-17 Texas: The Rockport City Council at its regular meeting on Tuesday, March 28 approved on first reading a new ordinance restricting the locations at which sex offenders can reside. After reviewing the ordinance more closely, City Attorney Terry Baiamonte suggested three changes which were “substantive,” which forced the council to address the ordinance again on first reading. ..Source.

TN: State’s failure to challenge trial court’s findings entry to curtilage was unreasonable is waiver

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Officers had a levy for unpaid court costs, and it wasn’t uncommon for drug officers to come along for the seizure. The record supported the conclusion that defendant did not affirmatively and expressly disclaim or relinquish his privacy interest in … Continue reading →

TX: Texas Const. grants no special protection to third party information; here CSLI and numbers dialed

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Third party cell phone information is not protected by the Texas Constitution. It grants no greater rights than the Fourth Amendment. If the drafters wanted it broader, they could have said so. The information was available to law enforcement under … Continue reading →

S.D.Tex.: Use of software to scan a computer without looking at images to compare to NCMEC’s database not unreasonable even though some adult porn images slipped through to NCMEC

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The used of specialized software to scan a hard drive for hash values of child pornography is reasonable. Defendant argued that at least one adult image of pornography had been uploaded to NCMEC’s database, but that doesn’t make every search … Continue reading →

CA8: Once PC for vehicle established, search can go wherever the things to be sought could be found; air compressor could be broken into for drugs

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Defendant’s traffic stop was not unlawfully prolonged given the officer’s observations of the truck’s contents, the seeming implausibilities and inconsistencies in the responses to the officer’s routine questions, the reasonable suspicion the officer developed as a result of those improbable … Continue reading →

El dogma económico en el pensamiento de Alfredo Bullard

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http://elcomercio.pe/opinion/columnistas/dogma-montaigne-alfredo-bullard-noticia-1984070 “Si una empresa contrata a un trabajador, este no se vuelve más pobre al día siguiente de su contratación. Es todo lo contrario. Pasa de ser desempleado (ganaba 0) a ganar un sueldo (por ejemplo 1.000). No hay forma de sustentar que su situación es peor que antes ni que la empresa que lo contrató le robó algo, ni se hizo más rica quitándole algo que le pertenecía. Lo cierto es que tanto la empresa como el trabajador mejoraron con la contratación. Podríamos desear que el trabajador ganara más o menos. Pero no se puede sostener que es pobre porque la empresa lo contrató”. COMENTARIO El articulista criticando a Montaigne –sólo lo conozco de nombre- nos indica la incorrecta definición del personaje citado “la riqueza se construye con la pobreza  de…

Judges clash over venue for money laundering

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Ronald Myers argued that he couldn’t be tried in the W.D. Mich. for money laundering because, although he stole motor homes in the W.D. Mich., he sold (and received laundered proceeds for) them solely in other districts.In US v. Myers, issued yesterday, Judges Rogers and Merritt affirmed his convictions, over Judge Kethledge’s dissent.The money-laundering statute allows prosecution in “any district where a prosecution for the underlying specific unlawful activity could be brought, if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial or monetary transactions in conducted.” 18 U.S.C.§ 1956(i)(1)(B). As the majority saw it, the statute provided venue in W.D. Mich. because Myers’s motor-home thefts occurred there. Further, the majority decided that the statute doesn’t violate constitutional limits on venue because those limits…

9th Circuit: Sex trafficking conviction reversed for constructive amendment of charge

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United States v. Davis, — F.3d — (9th Cir. Apr. 14, 2017): Jury instruction constructively amended sex trafficking charge by broadening mens rea element A grand jury indicted Ricky Davis on two counts, one of which was attempted sex trafficking of a minor “knowing or in reckless disregard of the fact that the person had not attained the age of 18 years.” Later, after the grand jurors had been sent home and the case was about to go to Mr. Davis’ jury, the district court described the charge in the jury instructions as attempted sex trafficking of a minor knowing or recklessly disregarding the victim’s age or having had “a reasonable opportunity to observe” the victim. The last piece was lifted out of the statute — but that did not make it okay, because it constructively amended the charge in the indictment. When a constructive amendment like this happens, it is impossible to know whether the grand jury would have indicted for…

"Sentencing Disparities"

WHEN THE RAIN FELL GENTLY FROM THE SKY

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On this date April 15, 1865, when the "rain fell gently from the sky as if the heavens were weeping" Abraham Lincoln passed from man to immortal at 7:22 AM from the assassin's bullet which struck him the evening before. "Now he belongs to the ages" his  Secretary of War  Edward M. Stanton was recorded as saying in grief  by Lincoln secretary John Hay in his diary. We are reminded of Lincoln's letter to his friend Joshua Speed in 1855,  a decade before the end of the civil war. Lincoln was wrestling with slavery and the union and the Missouri compromise and whether Kansas would be admitted to the union as a slave state. This famous letter is remarkable for many things, and today it stands out for Lincoln's prescience for his interpretation of these most precious words upon which a great nation was founded: "All men are created equal": Dear Speed..I am not a Know-Nothing. That is certain. How could I…

Robbery, Conspiracy and Facebook

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This post examines an opinion from the U.S. District Court for the Southern District of Indiana – Albany Division: U.S. v. Adkinson, 2017 WL 1318420 (2017). The U.S. District Court Judge who has the case begins her opinion by explaining that[t]his matter is before the Court on Defendant Lawrence Dusean Adkinson's (“Adkinson”) Motion to Suppress (Filing No. 291). Adkinson is charged with Count 1: Conspiracy to Commit Robbery in violation of 18 U.S. Code § 1951(a), Count 2: Conspiracy to Brandish a Firearm in Furtherance of a Crime of Violence in violation of 18 U.S. Code § 924(o), Count 3: Robbery in violation of 18 U.S. Code § 1951(a), and Count 4: Brandishing a Firearm in Furtherance of a Crime of Violence in violation of 18 U.S. Code § 924(c). (Filing No. 48.) Adkinson petitions the Court to suppress any and all evidence obtained through cell phone records and his Facebook account. U.S. v. Adkinson, supra.The…
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