Monday.On point.On the move.Swimming in and around the reef.The jellyfish.The squid and fish.Ocean foam all around.
Morning Radio: Scritti
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Because Choke Holds Will Kill
For those who believe that training is the answer, two Las Vegas cops came upon a guy who was apparently suffering some sort of psychotic episode. It’s hardly unusual for police to be called upon to deal with people suffering from some sort of mental illness, and it’s not as though this is such a wild, new problem that they are utterly clueless as to what to do. So, they handled it. The incident unfolded about 1 a.m. when the man approached two uniformed officers inside The Venetian, 3355 S. Las Vegas Blvd. South, the Metropolitan Police Department said in a release. The Metro officers described the man as “acting erratic” and paranoid. The man told the officers that “people were chasing him.” He ran off, and both officers followed, police said in a release. As the man came to the cops, it would be fair to assume he sought their assistance for whatever delusion he was suffering. Certainly, acting erratic inside the Venetian can’t…
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Bundesrat: Kein neuer Regulierungsbedarf für Social Media
Am 10. Mai 2017 veröffentlichte der Bundesrat (BR) seine erneute Standortbestimmung zur rechtlichen Basis für Social Media. Darin kommt er zum Schluss, dass zum gegenwärtigen Zeitpunkt kein Bedarf für neue Regulierungsmassnahmen in Bezug auf Social Media bestehe. Der BR ist ferner der Auffassung, dass Regulierungsvorhaben wie die laufende Revision des Datenschutzgesetzes (DSG) und die Arbeiten zum Ausbau des Jugendmedienschutzes den Schutz für die Nutzenden von sozialen Netzwerken in der Schweiz mittelfristig verbessern werden. Die Entwicklungen, auch auf internationaler Ebene, seien jedoch weiter zu beobachten.Bereits 2013 legte der BR seinen ersten Bericht „Rechtliche Basis für Social Media“ vor und hielt schon damals u.a. fest, dass es wohl keinen Bedarf für ein Spezialgesetz zu Social Media gebe. Der BR wollte aber seinerzeit die rechtlichen Abklärungen bzw. Revisionsarbeiten zum Datenschutz, zum Jugendmedienschutz und im…
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Larry Tribe Is HUGE!!!
The first thing that hits you when you read something by or about Laurence Tribe is Carl Loeb, which is a bit ironic given that Loeb made his fortune as a Wall Street financier. But it’s right there, front and center, of his Washington Post op-ed. By Laurence H. Tribe Laurence H. Tribe is Carl M. Loeb University Professor and Professor of Constitutional Law at Harvard Law School. The time has come for Congress to launch an impeachment investigation of President Trump for obstruction of justice. It’s an impressive thing, to hold an endowed seat at Harvard Law School. He has attributed credibility. And, indeed, Larry Tribe has done much in his career to earn that credibility, even though he’s done a few things to raise questions as well. But Larry now has a serious issue to raise, one worthy of valuable real estate in the WaPo. The remedy of impeachment was designed to create a last-resort mechanism for preserving our constitutional system. It operates by…
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Drugs and Vehicle Searches
When individuals are stopped on suspicion of a DUI, they will often find that they are asked if their car may be searched for any evidence of alcohol or drugs. In addition to searching a vehicle, police may also attempt to search the individual themselves, including engaging in a pat-down, checking pockets or purses, or otherwise ensuring that there is no illegal substance or proof of intoxication on the person at the time. Depending on the context of the stop and the information known to the officer at the time, these searches may be legal or illegal under the Fourth Amendment’s right to protection from unlawful searches and seizures. A recent case before the Georgia Court of Appeals considered whether evidence collected from a person at the time of a traffic stop could be suppressed on this basis at trial. In this appellate case, R.C. was stopped after driving with expired tags. When the officers stopped him and met him at his car, they noticed an odor of…
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Is Burglary Theft?
“Burglary” is a legal term with a specific definition. In most states, including New York, burglary does not automatically imply theft. In fact, burglary is a crime that involves being in a building with the intent to commit a crime. Many people who are not police or lawyers confuse robbery with burglary, or assume that they are both theft crimes. The Queens, NY criminal defense attorneys at Sullivan and Galleshaw are about to set the record straight and explain what exactly burglary is. If you have been charged with burglary, robbery, or a theft crime in New York City, talk to one of our attorneys today. What is Burglary in New York? Burglary, in the old common law definition is “the breaking and entering into the dwelling place of another, at night, with the intent to commit a felony therein.” That means that you needed to enter with force, the building needed to be a home where people live, it needed to be nighttime, and you needed to have the intent…
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Fatality Crash Near Gooding
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: 05/15/2017 at 6:37 a.m. Please direct questions to the District Office On Monday, May 15, 2017, at approximately 1:32 a.m., the Idaho State Police investigated a single vehicle, fatality crash at the intersection of State Highway 46 and E 1950 S, near Gooding. Richard McClure, 50, of Bellevue, ID, was traveling northbound on State Highway 46 in a 2007 GMC Sierra pickup, when the vehicle traveled off the west side of the road, went airborne, and crashed on the north side of the canal. McClure succumbed to his injuries at the scene of the crash. Next of kin has been notified. He was not wearing a seatbelt at the time of the crash. The Idaho State Police was assisted by…
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Convictions for massive federal Medicare fraud upheld
In United States v. Bergman the defendants were convicted following a jury trial of conspiracy to commit health care and wire fraud, paying bribes and kickbacks in connection with a federal health care benefit program. Bergman was sentenced to 180 months and the other defendant was sentenced to 150 months. Bergman was a licensed physician’s assistant employed by American Therapeutic Corporation that operated a Partial Hospitalization Program (PHP). A PHP serves as a bridge between inpatient and outpatient care for patients with a psychiatric condition serious enough to possibly require hospitalization. A community mental health center such as ATC administers a PHP, which offer intensive outpatient psychiatric care including individual or group psychotherapy, counseling and other mental health services. Staff at a PHP includes psychiatrists as well as nurses, physician’s assistants, occupational therapists, physical therapists and social workers. After ATC was…
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Animal Abuse and Florida Law
Animal Abuse and Florida Law Cruelty to animals, also called animal abuse or animal neglect, is both the unintentional (animal neglect) and the intentional infliction by humans of suffering or harm upon any non-human animal, regardless… The post Animal Abuse and Florida Law appeared first on Chapman Criminal Defense Firm.
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FACDL SOIREE RECAP
The Miami chapter of the FACDL met on Saturday night for their annual soiree.* The Hialeah chapter of the FACDL will be meeting at Pollo Tropical next Saturday for their annual soiree, while the Coral Gables FACDL and Pinecrest FACDL will be meeting at the Four Seasons for their annual soiree in two weeks. The Miami FACDL soiree was a great success! Everyone congratulated everyone else on doing a great job. The event was hosted by a retired judge who noted most of the people in the room weren't alive when he joined the FACDL in 1982. He then performed some of his beloved imitations- like George Jessel picking a jury before Judge Ellen Morphonious while Gen X assistant PDS whispered "Who are George Jessel and Judge Morphonious?""Jessel worked for Phil Hubbart and Morphonious was the judge who sentenced Mercury Morris" whispered an older PD. "But who are Phil Hubbart and Mercury Morris?""Bondsmen from the 1970s"Then the…
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Will Florida’s New Medical Marijuana Law Allow a Person to Possess Marijuana If They Are Sick?
Voters in Florida recently passed an amendment to the Florida Constitution, known as the Florida Medical Marijuana Legalization Initiative, legalizing medical marijuana within the state. Medical marijuana is no different in substance from traditional marijuana, it is merely used for medicinal treatment purposes while under the care of a health professional. Advocates in favor of the legalization of medical marijuana believe it can relieve the symptoms and pain associated with a wide range of medical conditions. Despite this recent change in Florida Law, the possession, sale, and trafficking of marijuana for purposes not within the medical exception remains illegal. If an individual is stopped by law enforcement for a traffic violation while in possession of marijuana and explains he has it because he’s sick or has a condition he feels marijuana provides therapeutic benefits for, can he face criminal liability? Yes. Under current Florida Statute § 893.13, possession…
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Electronic Medical Records and Federal Criminal Prosecution
Bedside manner. Electronic medical records (or “EMR”) were supposed to be a boon to the provision of healthcare. As two Boston-area physicians point out, EMR are anything but a benefit: Electronic medical records, or EMRs, were supposed to improve the quality, safety and efficiency of health care, and provide instant access to vital patient information. Instead, EMRs have become the bane of doctors and nurses everywhere. They are the medical equivalent of texting while driving, sucking the soul out of the practice of medicine while failing to improve care. Read the whole article: Death By A Thousand Clicks: Leading Boston Doctors Decry Electronic Medical Records We’ll be right with you. The additional problem for healthcare professionals is that EMR systems often auto-populate fields from the last patient visit (or even from the first patient visit). In busy clinical practices, such systems can create technically inaccurate records that do not…
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DOJ’s New Charging and Sentencing Policy Will Disproportionately Impact Vulnerable Populations
On May 10, 2017, Attorney General Jeff Sessions issued a memorandum that expressly rescinds previous Department of Justice (DOJ) policy and directs federal prosecutors to “charge and pursue the most serious, readily provable offense” against federal defendants. The likely result of this harsher approach to the enforcement of federal drug laws is a return to mass incarceration, with disparate impacts on communities of color and victims of the opioid epidemic. In addition to this express directive to charge the most serious offense, the policy also requires prosecutors to disclose to sentencing judges “all facts that impact the sentencing guidelines or mandatory minimum sentences” in a given case. For drug-related crimes, such facts include drug quantity and prior convictions, both of which can trigger minimum sentences that judges must impose. Sessions’ memorandum does allow for exceptions in limited cases. If prosecutors conclude that strict…
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Why Do People Steal?
Why people steal is a complex question with many different possible answers: Thrill. There is a sense of excitement for many. The thought of getting away with something can be enticing. The sense of accomplishment for outsmarting the system is intoxicating to others. The adrenaline. The satisfaction. The feeling of achievement. Mental illness. To some, the need to steal is a compulsion. It is not always about need. Typically a kleptomaniac steals without giving much thought to whether or not he or she actually needs the item. It is not uncommon for people that steal to suffer from some form of depression. Continue reading
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What To Do If Your Teen is Pulled Over With Friends Who Have Drugs in the Car
Your teenager is out with friends. One of them offers her a ride home. The friend is driving a little too fast and is pulled over for speeding. But what started as a simple traffic stop soon escalates. The driver…Read more ›
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The challenge of taking stock of impact of Holder Memos to gauge possible impact of new Sessions Memo
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OH12: Police with SW for clothes didn’t need to determine whose were in a clothes pile before searching it
The search warrant was for a multitude of things in defendant’s house, including cell phones and clothing worn during the crime. A clothes pile could be searched without first determining whose clothes were apparently there. The pockets could be searched, … Continue reading →
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TELEVISIÓN, CRUELDAD Y LOCURA
Puede que mi concepción del mundo y de quienes lo habitan esté totalmente equivocada o la influencia de mi juventud y experiencias vividas me mantengan con una venda no sólo en mis ojos también en el cerebro si acaso el pensamiento fuera posible de oscurecer, al punto que, no haya percibido que en sociedades como la peruana conjuntamente con el desarrollo de la humanidad proyectada en la tecnología y divertimento de la que somos fieles seguidores o consumidores o ambos a la vez, ha determinado en sentido inverso una involución de la sensatez, el respeto, la caridad, la solidaridad, la lealtad, el honor, hasta convertir al ser humano poco menos que un troglodita. No puedo descartar que la involución de los sentimientos y valores responda esencialmente a la miseria y el olvido producto de la desigualdad, de suerte que, a los desposeídos de la hora actual sólo les quede como entretenimiento saber que hay…
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New Law – 2017 Judges Must Allow Medical Marijuana Use While On Colorado Bail
New Law – 2017 Judges Must Allow Medical Marijuana Use While On Colorado Bail By H. Michael Steinberg Colorado Drug Crimes Criminal Defense Lawyer – Attorney New Law – 2017 Judges Must Allow Medical Marijuana Use While On Colorado Bail Continue reading
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Volveré
Volveré a ser el de antes El de las entrañas De mi madre, y más todavía Volveré a ser ceniza, Nadie entonces me Doblaba la edad y era Mayor que la vejez de Un cementerio. Volveré a ser el de antes Palpitarán los pechos De mi madre nueva De mi padre austero, Y los sueños dormidos Estarán buscando un nido, Y no podré salvar al de antes Ni naceré de nuevo. Guillermo Anderson Anderson
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