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¡CUIDADO EL GOBIERNO SIGUE DISCRIMINANDO A LOS PENSIONISTAS DE LA LEY Nº 19990!

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El Congresista Yhony Lescano Ancieta ha presentado el Proyecto Nº 01360-2016-CR, que ordena adecuar las pensiones de los trabajadores del IPEN hasta un máximo de S/. 8,100.00 límite contemplado por el artículo 3º de la Ley Nº 28449 que a continuación comparto. Obsérvese que  el artículo primero segundo párrafo establece: “Declárase que la presente Ley no afecta en modo alguno los derechos y beneficios del régimen de pensiones del Decreto Ley Nº 19990”. COMENTARIO A ESTE PÁRRAFO: Cuando se quiere ENGAÑAR Y ENGATUZAR a la inmensa cantidad de viejos que sólo están esperando morir y que el cráneo sólo sirve para llevar un sombrero o gorra, se utiliza una redacción como la comentada; NINGÚN DERECHO O BENEFICIO del Decreto Ley Nº 19990 O TODOS ELLOS JUNTOS  alcanza al 10% de la pensión máxima…

Michigan DUI Cases – What you need to Hear

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As a Michigan, Tri-County (Wayne, Oakland and Macomb) area DUI Lawyer, I speak with all kinds of people about drunk driving cases.  In this piece, I want to talk about some of the regrets I hear from people who hired the wrong DUI lawyer and payed a lot of money only to say they were “taken.”  I want to keep this article short, so in it, I will exchange some of my usual diplomacy for directness and candor.  To begin, you must understand that merely paying a lot of money doesn’t necessarily get you the best, nor even a good lawyer.  It just means you’re out a chunk of cash.  In addition, one of the biggest sucker jobs going gets people to line up and fork over wads of money in the mistaken belief that paying top dollar will somehow make your whole DUI case go away.  Here’s a simple, ironclad fact that no lawyer can dispute, no matter how rosy a picture he or she paints otherwise: any chance to get your case…

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 2,525 Why Prison?: An Economic Critique Peter N. Salib United States Court of Appeals for the Seventh Circuit Date posted to database: 7 Mar 2017 2 898 Law, Virtual...

Florida Arrest for DUI Child Endangerment: Woman 4x Legal Limit

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Authorities made a South Florida arrest for DUI and child endangerment in Boynton Beach after allegedly discovering a woman drunk behind the wheel of a car in a parking lot with four children jumping in and out of the sunroof. According to The Sun Sentinel, the engine of the vehicle was running. It was about 7:30 p.m. and the vehicle was parked in a Publix grocery store parking lot. In the front passenger seat, police say, was a half-empty jug of sangria. The 34-year-old woman in the driver’s seat allegedly had a blood-alcohol concentration of .358, which is more than four times the legal amount of 0.08. This was after she agreed to undergo a blood alcohol test. Police reported they were called to the parking lot after several witnesses said they had tried to chase the young children out of harm’s way, as they were running around the parking lot and were almost struck by vehicles entering and leaving. One witness called dispatchers and said they had seen the driver…

Case o' The Week: Crazy Like a (Bipolar, Delusional) Fox - Brugnara, Edwards, and Faretta self-representation

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 Can one be a schmuck, and be mentally incompetent? Not, apparently, in the Ninth.United States v. Luke Brugnara, 2017 WL 1947893 (9thCir. May 11, 2017), decision available here.Players:Decision by Judge Wallace, joined by Judge M. Smith and DJ Erickson.   Hard-fought appeal by ND Cal CJA attorney Dena Young.Facts: Brugnara, a San Francisco real estate tycoon, sought fine art from a dealer. Id. at *1. The art was delivered and stored in his garage, but payment never happened. (One crate reportedly contained a statue of Edgar Degas’s “Little Dancer.” It has never been found). Id. at *2.    Brugnara was charged and incarcerated, but was placed on “furlough” by the district judge -- permitting him to leave lock-up in the federal building to review discovery and meet with his attorney.  He escaped. Id.   Later captured, Brugnara successfully moved to represent himself. Id. “From the moment the trial began,…

In Florida, a Fourth Conviction for Driving Under the Influence (DUI) Results in a Permanent Suspension But Not All Convictions Count

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In Florida, the DUI (driving under the influence of alcohol or drugs) laws come with minimum mandatory penalties for a conviction.  These penalties increase for each successive DUI a person gets.  One benefit of a criminal defense lawyer getting the state to amend a DUI charge to a reckless driving charge is the reckless driving charge does not count as a DUI conviction that increases the minimum penalties if the person gets one or more additional DUI convictions. One of the minimum penalties that comes with a DUI conviction is a suspension of the person’s driver’s license.  The suspension can be as short as six months for a first DUI conviction or as long as ten years for a third DUI conviction that is within ten years of the prior conviction.  The DMV does allow people to get hardship licenses which permit people to drive to work, school and other necessities, but there may be a period of time before a person can apply for a hardship license…

Death Penalty Opponents, Chasing Their Tails

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Abolitionist Fordham Law Professor Deborah Denno has a book review out endorsing the prediction by another abolitionist, Professor Carol Steiker of Harvard, that the death penalty will be eliminated by the Supreme Court when it "seems right"  --  an intriguing phrase Prof. Denno does not further explain.SL&P carries an enlightening quotation from Prof. Denno's piece, the last paragraph of which I'll quote below (emphasis added) and then analyze:[T]he Review expands on some key contributors to the death penalty's decline that may have been obscured by the all-encompassing nature of the Steikers' regulation argument -- for example, the emergence of unforeseeable exogenous variables (similar to the introduction of DNA evidence into criminal trials in the 1980s), as well as pressure points that exist largely outside of the constitutional regulatory framework, such as lethal injection litigation.  Despite these influences, the Review…

"Dismissals as Justice"


What is Hostile Workplace Sexual Harassment?

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Hostile work environment sexual harassment exists occurs where an employee is subject to offensive comments, discrimination, bullying or sexually verbal behavior in the workplace.  Anytime an employee in the workplace feels intimidated, scared or uncomfortable due to the actions or words of a coworker, a hostile work environment can be alleged.  A hostile work environment can include conduct sexual in nature which is severe enough to create an offensive working environment and fulfill a claim for hostile workplace sexual harassment.  In order for a legal claim to exist on the basis of a hostile work environment, the offending conduct need be severe or pervasive in the workplace.  One offensive comment will not suffice; the environment need be intimidating, hostile, or offensive to reasonable people.  The Law On Hostile Workplace Sexual Harassment  Hostile work environment sexual harassment, quid pro sexual harassment and direct, unwanted sexual…

AR: Officer’s three week old knowledge of def’s suspended DL was RS for a stop

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Reasonable suspicion doesn’t require certainty of facts. Here, the factual belief was that defendant’s DL had been suspended weeks earlier. Williams v. State, 2017 Ark. App. 291, 2017 Ark. App. LEXIS 301 (May 10, 2017). There was enough probable cause … Continue reading →

Notable review of Colorado's recent experiences and concerns with polygraph testing of sex offenders

Who Tased My File Cabinet?

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A couple of weeks ago, I wrote a blog article—“The Nerve of Law Enforcement”—about the fact that law enforcement officers in one of the counties where I practice law are uploading juvenile case files to servers owned by a private corporation. Specifically, those juvenile case files include videos that law enforcement officers either created using their own cameras, or collected as evidence from witnesses to the events recorded. The private corporation is known an Axon, the-law-enforcement-caterer-formerly-known-as Taser International, Inc. And I learned about this because in order to obtain discovery relating to the juvenile I was defending, I was required to go to Evidence.com—owned by Axon—and create an account to gain access to the discovery. To create the account, Axon required me to digitally “sign” an End User License Agreement, or EULA. Like a lot of other people, I don’t often read these. But since this was a…

CA6: Officer arresting on warrant for failure to perform community service that was mistakenly issued had QI

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The officer executing a warrant that should not have been issued by the court in the first place for plaintiff’s failure to perform his community service had qualified immunity. Beckham v. City of Euclid, 2017 U.S. App. LEXIS 8453 (6th … Continue reading →

PA: A def’s “admission transmitted through an informant is only as reliable as its conduit is trustworthy”

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“[A]n admission per se is inherently reliable evidence” sufficient to establish probable cause to arrest, but holding that “an admission transmitted through an informant is only as reliable as its conduit is trustworthy.” Commonwealth v. Stokes, 480 Pa. 38, 389 … Continue reading →

N.D.Ala.: Entry with CPS worker to retrieve diaper bag was reasonable

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A couple was arrested, and their infant was going with child protective services. An entry into the house with the CPS worker to recover the infant’s diaper bag was reasonable.United States v. Wright, 2017 U.S. Dist. LEXIS 72738 (N.D. Ala. … Continue reading →

Culpable Mental States Texas: Intentionally, Knowingly, Negligently, Recklessly

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Most criminal offenses in Texas have some sort of mental state requirement. These are sometimes referred to as “culpable mental states” or “mens rea” which is Latin for “guilty mind.” The possible mental states in Texas criminal law are: Intentionally Knowingly Negligently Recklessly No Mental State Required You generally cannot commit a crime purely on accident. You must have some level of mental awareness, sometimes even just very slight, that your actions are criminal or may result in some negative result that could be considered criminal under law. The exceptions are offenses for which no mental state is required (such as DWI.) Criminally offenses are presumed to have a mental state requirement and are no presumed to be strict liability offenses. See Aguirre v. State, 22 S.W.3d 463, 471-472(Tex. Crim. App. 1999) Result-Oriented Crimes vs. Conduct-Oriented Crimes In determining whether a crime is result-oriented, conduct-oriented, or…

Culpable Mental States Texas: Intentionally, Knowingly, Negligently, Recklessly

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Most criminal offenses in Texas have some sort of mental state requirement. These are sometimes referred to as “culpable mental states” or “mens rea” which is Latin for “guilty mind.” The possible mental states in Texas criminal law are: Intentionally Knowingly Negligently Recklessly No Mental State Required You generally cannot commit a crime purely on accident. You must have some level of mental awareness, sometimes even just very slight, that your actions are criminal or may result in some negative result that could be considered criminal under law. The exceptions are offenses for which no mental state is required (such as DWI.) Criminally offenses are presumed to have a mental state requirement and are no presumed to be strict liability offenses. See Aguirre v. State, 22 S.W.3d 463, 471-472(Tex. Crim. App. 1999) Result-Oriented Crimes vs. Conduct-Oriented Crimes In determining whether a crime is result-oriented, conduct-oriented, or…

When lawyers focus on serving potential and actual clients rather than competing with colleagues

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When a potential criminal defense client visits me, s/he is looking to obtain the best possible defense, to relieve hsi or her feelings of distress, and to get his or her pressing questions answered about the case. The potential client is not interested in the lawyer’s interest in obtaining more clients. The closest I can put myself in the shoes of potential criminal defense clients seeking a lawyer is my plight in finding the right plumber to fix my my home’s water mainline burst that happened only a year after I bought the house, which clearly pales in comparison to what my clients have to deal with in their cases. I checked with two plumbing company owners that were recommended to me. One came right away, but did not seem to have a concrete flowchart nor sufficient confidence and experience (for the plumbing team to be dispatched) about how to handle the job and possible difficulties along the way. The other plumber, whom I hired and was happy for doing so,…

Recent Developments for Defending Drug Possession Cases

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Capable criminal defense lawyers know there are two major avenues for defending drug possession cases.  The first is to pursue traditional defenses such as investigating search and seizure issues, warrant issues, actual versus constructive possession issues and other similar traditional defenses.  The second major avenue, and one unfortunately oftentimes overlooked, is to fully investigate and develop sentencing phase “mitigation” evidence.  Effective mitigation in a criminal drug possession case, or in any criminal case for that matter, is oftentimes critical in avoiding a conviction and/or jail or prison time. So what is mitigation evidence?  It is evidence of individual-specific circumstances generally beyond your control that significantly adversely affected your character and behavior which lead to your arrest. Typical mitigation evidence in drug possession cases involves, among other things, showing your drug addiction arose from you…

(Un)Equal Opportunity Shaming

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Wendy N. Hess, Slut-Shaming in the Workplace: Sexual Rumors & Hostile Environment Claims, 40 N.Y.U. Rev. L. & Soc. Change 581 (2016). Kerri Lynn Stone This article, by Professor Wendy N. Hess, picks up on an important issue, largely ignored in the legal literature until now: so-called “slut-shaming” in the workplace. “Slut-shaming” involves denigrating a person – most often a woman – on the basis of her actual or perceived sexual activity. It reportedly takes place quite a bit in the workplace, and usually with deleterious effects on victims’ reputations, work product, and career trajectories. This article thus picks up on a salient issue in the contemporary American workplace and provides an excellent exposition of a split among courts that reveals the unwillingness of some judges to acknowledge the empirical truth that men who are perceived as promiscuous are often seen as “studs,” while women so perceived are…
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