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St. Joe’s nurse pleads guilty to sexual misconduct, drug charge

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5-5-17 New York: A former nurse at St. Joseph’s Addiction Treatment and Recovery Centers has admitted to giving drugs and having sexual contact with a patient who was receiving treatment at the Saranac Lake facility. Jessica Dresser, 31, of Plattsburgh, pleaded guilty this week to one count of sexual misconduct and one count of seventh-degree criminal possession of a controlled substance, both

Injury crash in Hailey

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 5/6/2017 12:29 a.m. Please direct questions to the District Office On Friday, May 5, 2017 at approximately 7:24 p.m., the Idaho State Police investigated a vehicle vs. cyclist crash on Laurelwood Drive, near the Keefer Baseball Field in Hailey. A juvenile was riding his bicycle downhill on Laurelwood Drive, going around a right hand curve. A juvenile was driving a 2011 Dodge Caravan uphill, around the curve. The Dodge collided with the cyclist, and came to rest in the lane of travel. The cyclist was transported St. Luke's Wood River Medical Center in Ketchum and then to St. Luke's Medical Center in Boise, both by ground ambulance. The driver of the Dodge…

Die, “Fake Law,” Die

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Within the guild, disagreeing with judicial decisions is a staple of our existence. We dispute it motions, briefs, memoranda and, occasionally, on a blawg. Rarely, however, is a judge attacked for being disingenuous in the motivations leading to the decision. Sure, there is pro-police bias. Sure, there is anti-minority bias, explicit or implicit. But rarely the rank politicization of the judiciary. Until now. Mark DeGirolami has written an op-ed for the Weekly Standard claiming that the blight of “fake news” has now reached the bench, coining a new usage: Fake Law. Something ugly is happening to the First Amendment. It is being contorted to enable judges to protest Donald Trump’s presidency. The perennial impulse of judges to manipulate the law to achieve morally and politically desirable ends has only been exacerbated by the felt necessity to “resist” Trump. The result: Legal tests concerning the freedoms of speech and religion that in some cases…

ALFREDO BULLARD EN EL FUTURO

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http://elcomercio.pe/opinion/columnistas/y-que-vamos-trabajar-alfredo-bullard-noticia-1989565?ref=portada_home No puedo escribir de enclenque el artículo de Alfredo Bullard por tratarse de un ejercicio futurista, recurso que han empleado retorcidos personajes para mostrarnos lo por acontecer si seguimos las recetas de los “rojetes”. Pienso que el título del artículo debió ser “¿Qué vamos a comer?  Pues por muy elaboradas que fuesen las hamburguesas, augurio espantoso para el común de la gente y muy cercano para caminantes frecuentes por las calles, avenidas y arte de la bella ciudad de Madrid, la satisfacción de la primera vez será la última también. En consecuencia, el  apoyo y desarrollo de la tecnología que en esta ocasión es el Alcázar de su pensamiento debió incluir sin duda alguna a Monsanto y con la cita prepararnos –los…

New York Upholds The Dumb Digit of Death

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Typos happen. There’s no shame in making a mistake when typing in letters or numbers, but there’s no pride in it either. You screwed up. When the mistake is made by a cop, they screwed up too. Not that it matters to the New York Court of Appeals*, which decided unanimously that a miss is as good as a hit. Nothing in the record before us suggests there was anything unreasonable about the police officer’s actions or that the officer had any illegal motives. He ran the license plate and accessed the DMV database in the performance of his official duties. Therefore, the check was lawful, and the information from the database provided him with a valid reason to stop defendant’s car. Holy Heien, Batman. The cop had no reason to run the plates. He observed no violation. But he decided for no particular reason to punch the plate in anyway, and boom, he got a hit, a suspended registration for failure to pay parking tickets because the database said so.…

Prez Trump issues notable statement when signing spending bill with DOJ limit on going after medical marijuana states

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As reported in this Bloomberg piece, headlined "Trump Spurns Congress as He Signals Medical Marijuana Fight," the President made a significant statement on a number of topics, including marijuana enforcement, while signing the latest spending bill. Here are the details: President Donald Trump signaled he may ignore a congressional ban...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/LWunWAA6tWI" height="1" width="1" alt=""/>

Carmen Mcevoy y Venezuela

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http://elcomercio.pe/opinion/columnistas/venezuela-corazon-carmen-mcevoy-noticia-1989570?ref=portada_home Es característica de las personas que disfrutan de una columna en los medios como lo hace la  señora McEvoy, Alfredo Bullard, Jorge Bruce (La República) y muchos otros del lodazal en el que han convertido la  “libertad de expresión” defendido con uñas y dientes por ellas mismas, anteponer sus dotes intelectuales y sus viajes por el Mundo como la carta de presentación de sus comentarios en una suerte de “después de mi el diluvio”. En lugar de escribir con sujeción absoluta a la verdad y explicar un antes y sus consecuencias derraman veneno pretendiendo inocularlo a la muchedumbre ignara de países como el Perú que no pueden creer tanta maldad de manera que, los cambios producidos por cualquier revolución nacida al calor de la desigualdad terrorista que fueron…

District 2 Injury Crash WB SH8@29 Deary

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: May 6, 2017 7:00 AM Please direct questions to the District Office On May 6th at approximately 1:30am an injury crash occurred on SH8 at milepost 29, near Deary, ID. A grey 2008 Dodge pickup driven by Austin Guier (22 years old of Sacramento, CA) drifted across the eastbound lanes and onto the south shoulder of the road. The vehicle hit the embankment and became airborne for approximately 150 feet and rolled on impact. Guier was wearing his seatbelt, but sustained injuries and was transported to Gritman Medical center. The vehicle was towed by Dollar Towing. The investigation continues. DRO -------------

Short Take: Limits and Off Limits

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I wouldn’t swear that it’s an affliction that only affects criminal defense lawyers, but it seems that we suffer from it far more than most.* When we see something that we think is wrong, we say so. We say so in clear language. We call it what it is, and make no bones about it. To other lawyers, this may come off as overwrought, as they prefer more moderated words, less clarity. That’s not our way. There was a twit yesterday by an academic, who retwitted a twit by a former Obama administration adviser that was total malarkey, suggesting that border patrol agents had been great guys, honoring the law, until now. It was a basic anti-Trump twit which promoted the lie that CBE wasn’t just as bad before. I responded by calling it out. This wasn’t meant as a commentary on the life and times of this particular academic, but as a commentary on the one twit as an example of a recurring theme among profs. This is an example of the myopia of academics,…

Morning Radio: Time Was

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Time was when the sheriff came to your door you could open it with confidence.When the sheriff showed up at your door he was acting as peacemaker or trying to set you on the right path.He'd say that he knew you had been up to no good but he was willing to forget all that if you planned to get real and get right.If not he'd just go ahead and send one of his deputies out.He'd look you in the eye while both of you stood on the porch and say that it's your choice but the next time there wasn't no choice to it.He'd say the odds are in your favor now.  You'd laugh and ask whats your odds next time?He'd say there won't be no odds next time.  Game will be up.  He'd step down off the porch leaving you looking out at the range.Before he got in the patrol car he'd look up and say:You talked to Pastor Henry lately?  You ought to go say hello.And then he'd drive away. 

New Mass. Court Helps Some Veterans Avoid Drunk Driving Trials and Convictions

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According to a recent news article from The Boston Globe, there may be a path for some military veterans to avoid a criminal conviction for drunk driving if they complete a specific pretrial diversion process.  Pretrial diversions are nothing new, but one specifically for drunk driver who are also military vets is new and is causing a great deal of controversy, even among some veterans themselves and others who have nothing but the utmost respect for the brave men and women who risked their lives to serve our nation. The cases stemmed from a 2012 law that created a specific path to avoid prosecution for military veterans. This law, officially called the Valor Act, gives judges discretion to allow military veterans to go to specially designed rehabilitation programs to help them learn to not drink and drive and better return to civilian life. There is no question that it is very hard for many military veterans, especially those who fought in Iraq and Afghanistan, to return…

Get Your UConn Disorderly Conduct Arrest Dismissed

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As any top UConn Rockville criminal lawyer knows, the most common arrests at UConn are for Disorderly Conduct, Fake IDs, and Marijuana Possession. Disorderly Conduct arrests always tend to be the most challenging, as these arrests arise from fights at bars, off-campus parties, or domestic violence disputes between boyfriends and girlfriends. So what’s so tricky about a UConn Disorderly Conduct arrest? For starters, the Rockville criminal court as well as UConn Office of Student Affairs will each try to slap a restraining order on you, making it very difficult for you or your child to navigate his or her way around campus without violating a 100-yard stay away or no-contact restraining order. So if you’ve been arrested at UConn for Disorderly Conduct under CGS 53a-182, keep reading to learn how to get your case dismissed quickly, and how to resolve any school discipline issues before they snowball out of control. UConn Police Are Real Police Officers with Real…

OTRA VEZ ANDRÉS

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OTRA VEZ ANDRÉS No contentos con todo lo que pasa en el Perú, la sanción al Gobierno de un País vecino sin ningún derecho que faculte la injerencia con el protervo y único fin de defender las injusticias y desigualdad terrorista que vivimos en el Perú negando cambios en su beneficio, o la discusión para aterrorizar al pueblo oprimido debatiendo lo que debe hacerse con el Movadef, inclusive gente como roxana cueva tenga la osadía de decir que “el mausoleo” donde yacen los restos de seres humanos, RESTOS, es decir MUERTOS que no volverán de su tumba sea para ella “apología del terrorismo”. A todo esto  hoy se reaviva el debate sobre la ideología de género y la derogatoria de un Decreto Legislativo que inventa el concepto “crímenes de odio”. Las dos últimas discusiones son puramente DISTRACTIVAS de los problemas fundamentales que…

"Designed to Fail: The President's Deference to the Department of Justice in Advancing Criminal Justice Reform"

Former Florida Parks Director Arrested for DUI, Property Damage, Hit-and-Run

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The former director of the Florida State Parks was recently arrested for DUI with property damage and hit-and-run, according to the Tallahassee Democrat, which explained the arrest occurred after defendant was stopped by troopers with the Florida Highway Patrol. According to reports, the former official, who also previously worked for the state Department of Environmental Protection, had left the scene of a crash after briefly speaking to the other driver. Troopers were called to the scene by that other driver around 7 p.m. on a Saturday. The driver reported he was traveling south when a Mercedes Benz, later identified by police as being driven by the former official, traveling in the same direction veered into his lane and struck his driver’s side mirror in passing. The defendant reportedly pulled over, talked to the other driver for a minute, then rolled up her window and abruptly drove away. Dispatchers then started receiving other calls about a vehicle…

Orange County Workers' Compensation Fraud Cases Plead Out. Aspen Durable Medical Equipment Owners Get Minimal Jail Time, Pay Over $8 Million in Restitution and Dismiss $139 Million in Liens at WCAB

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In criminal fraud cases, restitution is usually key to obtaining favorable plea terms. In workers' compensation fraud cases, releasing the right to collect on liens or receivables at the Workers' Compensation Board is also an important part of plea deals especially in light of Labor Code 139.31. This is evidenced in two complex workers' compensation fraud cases, known as the Aspen Medical DME cases, which plead out on May 5, 2017 in Orange County Superior Court. The three individual owners -- Jeffrey Edward Campau, Landen Alan Mirallegro and Abraham Khorshad -- agreed to pay jointly $8,621,845.96 in restitution, dismiss liens (charged and uncharged) worth over $139 million and pay other penalties in exchange for county jail terms (with state prison suspended) and where they will be eligible for house arrest with electronic monitoring. There are two separate but related cases. In Orange County Case No.…

Free Books from UK Law Publisher

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I recently received an email from a friend and colleague from the United Kingdom. I have always found his work to be impeccable . . . and now I find it is also very affordable.Here's the essence of the email:Free books:Electronic Evidence (4th edition, Institute of Advanced Legal Studies for the SAS Humanities Digital Library, School of Advanced Study, University of London, 2017) http://ials.sas.ac.uk/digital/humanities-digital-library/observing-law-ials-open-book-service-law/electronic-evidenceElectronic Signatures in Law (4th edition, Institute of Advanced Legal Studies for the SAS Humanities Digital Library, School of Advanced Study, University of London, 2016) http://ials.sas.ac.uk/digital/humanities-digital-library/observing-law-ials-open-book-service-law/electronic-signatures Free journal:Digital Evidence and Electronic Signature Law Review http://journals.sas.ac.uk/deeslr/ (also available in the LexisNexis and HeinOnline electronic…

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 4,714 Encryption Workarounds Orin S. Kerr and Bruce Schneier The George Washington University Law School and Harvard University - Berkman Klein Center for Internet & Society Date posted to...

Carroll on Inferring Juvenile Mens Rea

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Jenny E. Carroll (University of Alabama - School of Law) has posted The Problem with Inference for Juvenile Defendants (Florida State University Law Review, Vol. 45, No. 1, Forthcoming) on SSRN. Here is the abstract: Much of criminal law relies...

Top Ten Favorite Films: #6 Passion Fish

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A slow middle, yes.But Alfre Woodard's acting in this film is sensational.  So top-notch that it should have won an Oscar.Vondie Curtis-Hall is amazing and the scene at the outside jamboree gets me every time.Forgotten film.And that's a shame.
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