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Agraphobia - The abnormal fear of sexual abuse

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Wikipedia Article Sufferers of agraphobia may have had an experience linking emotional trauma with sexual abuse. Such experiences do not have to happen to the sufferer: watching sexual abuse occur (even in movies or on television) can act as a trigger to the condition. The body then develops a fear of the experience occurring again as a way of 'ensuring' that the event does not occur. In some cases sex abuse hysteria, caused by misinformation, overzealous or careless investigation practices, or sensationalist news coverage, can cause agraphobia as well: This being different than the PTSD-driven agraphobia that comes from real situations of sexual abuse. Day care sex abuse hysteria is one example of this erroneously caused agraphobia. Many people who were originally accused or even found guilty were later found to be innocent of sexual abuse, their ordeal having been caused by hysteria and misinformation-driven agraphobia. Both real sexual abuse and also false accusations of sexual abuse are prevalent, making a professional and carefully done investigation necessary to determine which type of agraphobia may be occurring in any particular case. Newer standards for sexual abuse investigation have been developed in some states (and are mandated by courts) in order to prevent such hysteria-driven agraphobia from causing prosecution of the innocent. These new standards are not uniformly applied or followed in all states, however. Malicious intent can also sometimes cause hysteria-driven agraphobia in children. For example, a vindictive or abusive parent may purposely try to instill agraphobic hysteria in a child in order to manipulate a false accusation by a child against the other parent in a divorce child-custody case, or to trigger a damaging police investigation in order to abuse an innocent parent. This sometimes results in the prosecution of the parent who tried to cause the false accusation. Courts are increasingly viewing proven cases of intentionally induced agraphobia in children as a form of child abuse, as well as being a crime against the falsely accused target adult.© 2006-2013 | Sex Offender Issues

Utah Criminal Defense Attorney | Salt Lake City

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The criminal defense lawyers in the Salt Lake City office of Arnold & Wadsworth will aggressively represent you and your constitutional rights throughout the court process. The lawyers at Arnold & Wadsworth continually are researching the latest criminal defense decisions and attending criminal defense CLE classes in order to properly represent our clients. The criminal [...]

Effective discussion of death penalty prospects for Cleveland kidnapper (and alleged pregnancy terminator) Ariel Castro

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AP reporter Andrew Welsh-Huggins has this effective new article discussing the possibility and challenges of a capital prosecution in the horrific Cleveland kidnapping case. Here are excerpts from the piece: A prosecutor faces numerous obstacles as he weighs whether to...

OHIO APPELLATE COURT AFFIRMS CONVICTION IN D.U.I./O.V.I. CASE INVOLVING PRESCRIPTION DRUGS

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William Strebler was lucky and unlucky. When he drove his car between two parked trucks, nobody was killed or injured. That's pretty lucky. After he was found guilty of driving under the influence of his prescribed pain medicine, his conviction was affirmed by the court of appeals, and he had to serve two years in prison. That's not-so-lucky. His case illustrates the importance of trial strategy in Ohio D.U.I./O.V.I. defense and also demonstrates the difficulty of enforcing D.U.I./O.V.I. laws when the substance in question is a prescription medication. Pills with blue background.jpgThe case of State v. Strebler was decided earlier this month by the Court of Appeals for the Ninth District of Ohio. After the accident, police arrived and had Strebler write a statement about what happened. He wrote a statement that was "largely incomprehensible and ended with the word 'bowflex'". Field sobriety tests showed "several indicators of impairment", so the police arrested him and took him to a police station. His breath test showed no alcohol in his breath, so he was given a blood test. That test showed oxycodone and tramadol in his blood. He told the police he was taking both pain relievers pursuant to a prescription. Strebler was charged with O.V.I. At his bench trial, Strebler testified that he appeared to be under the influence of drugs because he hit his head in the accident and lacked sleep. The prosecution elicited expert testimony from a toxicologist about how the two prescription medications would affect driving ability. The toxicologist testified that it depends on the individual: one person with that level of those drugs in their blood may be completely normal, and another person may be passed out. The Court concluded that Strebler's explanation the circumstances was not credible and found him guilty of O.V.I.

Former Hedge Fund Manager Martoma To Get Documents From SEC

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Bloomberg reports that Mathew Martoma, the former SAC Capital Advisors LP portfolio manager who is under indictment in the Southern District of New York for alleged insider trading, will receive documents from the SEC in the SEC’s parallel enforcement action against him.   Judge Victor Marrero rejected the SEC’s request to stay discovery in the civil action while the criminal case is pending and ordered the  SEC to turn over documents.   Judge Marrero, however, declined, for now, to allow Martoma to take depositions.

Jacksonville, Florida Police Make Domestic Battery Arrests on Word of One Person

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While some people consider misdemeanor crimes to be relatively minor, they can be quite serious, both in terms of punishment and the effect it can have on a person's permanent criminal record. As the job market has become more difficult over the years, we have received a lot of calls from people with misdemeanor crimes on their records who did not think much of them at the time but are now having real problems today due to them missing out on job opportunities. Among the misdemeanor crimes in Florida that are serious, DUI and domestic violence are at the top of the list. DUI's are serious because they can often stay on one's record forever (depending on the disposition), they are expensive and they can result in long driver's license suspensions that can really disrupt a person's life. Domestic battery charges are serious because the punishments can be severe, they often stay on a person's record forever and (like DUI's) future similar arrests can result in felony charges for what would normally be misdemeanor conduct. As criminal defense lawyers in the Jacksonville area, we handle a lot of domestic battery cases. An alarming number of these arrests and subsequent criminal charges stem merely from one person's word with no objective, corroborating evidence. The police officer often does not take the time to investigate the allegations, talk to both sides, locate witnesses or do anything else to find out if the allegations are true or if there is a defense such as self-defense. Often, the police officer will side with the first, or only, person to call 911 and make assumptions from there. This is particularly problematic in domestic battery cases since the parties are people who normally have a significant history together and the person calling the police may have an incentive to have the other party arrested. For our part, we do not believe criminal charges, particularly domestic battery charges, should be brought on the basis of the word of the first person to call the police when no further investigation is done and the alleged suspect has an equally plausible story as to what happened. Unfortunately, all too many people in the Jacksonville area do get arrested on such evidence. And if they do not fight the charges, they may get stuck with a domestic battery conviction that stays on their records forever. A domestic battery charge is not a good charge to have on your record forever. If you have been arrested for domestic battery in the Jacksonville, Florida area and want to better understand your rights and defenses, feel free to contact us for a free consultation.

Moving the Goalposts in the George Zimmerman Trial

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George Zimmerman’s case is scheduled for trial on June 10, 2013. In advance of the trial, his defense team has filed a “Motion for Evidentiary Hearing Regarding Admissibility of Expert Opinion Testimony.” The defense is requesting this hearing because the Continue reading →

SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job

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SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job  SSR 64-47c The claimant, a high school graduate who had worked in various capacities in carpentry, including foreman and timekeeper, … Continue reading →Rating: 10.0/10 (1 vote cast) Related posts:SSA policy is that drug dealing can be considered “substantial gainful activity” How do I show the SSA that I qualify for disability benefits? SSA disability medical listing for Crohn’s disease

Top-Ten Recent SSRN Downloads

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in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 4617 The Dangers of Surveillance Neil M. Richards, Washington University in Saint Louis - School of Law, Date posted to database: March 25, 2013 2...

No Rabbit Stew Tonight

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Our front yard has been taken over by a family of rabbits. Or two. They are very tame. I arrived home this afternoon to find one of the adult rabbits sprawled out across the lawn by the front walk. At first I thought he might have been hit by a car. Then I realized he [...]

Klein on Monitoring the Plea Process

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Susan R. Klein (University of Texas School of Law) has posted Monitoring the Plea Process (Duquesne University Law Review, 2013, Forthcoming) on SSRN. Here is the abstract: Gideon versus Wainwright heralded a new age in American criminal prosecutions. Indigent blacks...

Lynch on Sociolegal Research on California's Realignment Policy

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Mona Lynch (University of California, Irvine - Department of Criminology, Law and Society) has posted Realigning Research: A Proposed (Partial) Agenda for Sociolegal Scholars (Federal Sentencing Reporter, Vol. 25, No. 4, 2013) on SSRN. Here is the abstract: In light...

UK - Viewpoint: Why I'm right to work with sex offenders

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Lydia Guthrie Original Article Audio is available at the link above. 05/25/2013 It's the kind of job that doesn't make for easy small talk at parties. And does working with sex offenders do... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

E.D.Pa.: No standing in a bedroom rented to do a drug deal

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Defendant who rented a basement bedroom from another for the purpose of conducting a drug deal didn’t have standing to contest a search of the room when he holed up there after a bank robbery. He wasn’t an overnight guest or anything like that. United States v. Edwards, 2013 U.S. Dist. LEXIS 72855 (E.D. Pa. May 23, 2013).* Defendant was an internet traveler who came to town to meet up with a fictitious 13 year old girl, and that was reasonable suspicion for the stop. State v. Vanorsdel, 2013 Mo. App. LEXIS 630 (Mo. App. May 23, 2013).* There was a basis for plaintiff’s arrest, so his false arrest case fails. Flowers v. City of Diboll, 2013 Tex. App. LEXIS 6350 (Tex. App. – Tyler May 22, 2013).*

S.D.N.Y. Insufficient RS shown to justify stop for driving in tandem

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Reasonable suspicion can support a stop for driving in tandem, but here it was lacking. United States v. Espino-Urvan, 2013 U.S. Dist. LEXIS 73809 (S.D. N.Y. May 21, 2013): [...] Read more!

Confusing Missouri v. McNeely Opinion Released By U.S. Supreme Court

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The Supreme Court released its opinion in Missouri v. McNeely yesterday, a closely watched case not only here in Missouri but across the country. The reason the case was able to generate so much attention is that its result could lead to important changes in how police officers conduct blood tests following an arrest on suspicion of drunk driving. Sadly, rather than definitively insist that a warrant be obtained before a blood test can happen, the Supreme Court only vaguely hinted at the idea, saying that the answer would be determined on a case-by-case basis. The Court's opinion came in four parts, one majority opinion, two concurring opinions and one dissent. The only big takeaway was in what the justices were not willing to say. No one was willing to go so far as insisting that a warrant had to be obtained in every case before a blood draw would be allowed. Instead, the majority chose the much more flexible, and confusing, route of saying each case would be judged on its particular facts. The problem with this approach is that officers across Missouri and the country are now unsure of whether a warrant really is necessary when a blood test is about to happen. Justice Sotomayor wrote the majority opinion and concluded that the worry advanced by the State of Missouri about rapidly dissipating alcohol was usually groundless. Sotomayor said that alcohol rarely dissipates so quickly that the time needed to secure a warrant would result in wildly different results. Justice Sotomayor said that police officers should endeavor to get a warrant in each case that a blood test needs to be done and that only in emergency situations should a deviation from this rule be permitted. Applying this to the facts of the case at hand, the Court decided to throw out the results of Tyler McNeely's blood test after the arresting officer failed to procure a warrant before taking McNeely's blood. Justice Sotomayor wrote that there was more than enough time for the officer to have obtained a warrant and that the very small delay would not have made it more difficult for prosecutors to launch a case against the man. In a concurring opinion, Justice Roberts harshly criticized the majority for drafting a vague and confusing opinion that officers would have a very hard time deciphering. Strangely, Justice Roberts proceeded to concoct his own vague plan for how police officers should handle such situations. Roberts said that if there is sufficient time for an officer to get a warrant, then a warrant should be obtained. If an officer concludes there is not enough time to get a warrant, then a warrantless test can proceed. Far from clarifying the matter, Roberts' approach begged as many questions as it answered. If you've had a run in with the law and find yourself in need of a Missouri DWI defense lawyer capable of aggressively protecting your interests, contact our St. Louis DWI law firm today at (314) 863-0500. See Our Related Blog Posts:U.S. Supreme Court to Consider Possible Exception to Double Jeopardy RuleU.S. Supreme Court Will Consider Missouri Case About Warrantless Blood Testing

Be Careful Before Paying Traffic Tickets in Maryland!

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Last year, the Maryland legislature changed the law that required the court to send trial notices to all persons receiving traffic tickets. Now a person receiving a payable (minor) traffic violation and no jailable (non-payable - must appear) companion tickets must either pay the ticket or request a trial within 30 days. If this is not done the driver's license is suspended until they pay it. The ticket says: IF ANY OF YOUR VIOLATIONS ARE MARKED "MUST APPEAR": You will automatically be mailed a notice of your trial date by the Court. Failure to appear will result in a warrant for your arrest. Then further down on the form it says: IF ANY OF YOUR VIOLATIONS ARE MARKED "PAYABLE FINE": You must comply with one of the following within 30 days after receipt of the citation. Provide any change of address if applicable. OPTION #1 - PAYMENT: Pay the full amount of the fine for each violation within 30 days at any District Court of Maryland, by mail, or by credit card (fees apply) using the IVR system or the Court Website. If paying by mail, make check or money order payable to District Court of MD and include citation number(s) on front of check or money order. On the option form below, check "Pay Fine Amount" for each violation being paid and mail the form with your payment to the address shown for the District Court of MD. An additional $10 service fee will be imposed for each dishonored check. OPTION #2 - REQUEST A WAIVER HEARING REGARDING SENTENCING AND DISPOSITION INSTEAD OF A TRIAL: On the option form below, check "Request Waiver Hearing" for each violation where hearing is requested, sign and date at bottom and mail the form within 30 days to the address shown below. DO NOT SEND PAYMENT at this time. OPTION #3 - REQUEST TRIAL: On the option form below, check "Request Trial" for each violation where Trial is requested, sign, date at bottom and mail the form within 30 days to the address shown below. DO NOT SEND PAYMENT at this time. The problem occurs when the person (or their parent!) pays the citation without knowing the consequences. First of all, if any of the tickets is a must appear, then it should absolutely not be paid because a trial date will be scheduled for all the tickets together. The notice on the citation is not clear about this! Even if none of the tickets is a must appear, no ticket should be paid before the person knows everything that will happen at the MVA. And in most cases, people receiving tickets do better by going to court anyway.

And now a word from some friends in Great Brittain

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How To Claim for Personal Injury Compensation the Right Way Accidents can happen at any time and without warning. They can happen at work, on the street and even in the home. The good news is the law is on your side if you have suffered any type of injury through no fault of your [...]

Northwest Justice of Colville Announces Divorce Class

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Northwest Justice, a legal aid program in Washington State, announced a class for individuals going through or contemplating a divorce.

Andrew DeLuca’s Delusion

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Here’s baby lawyer Andrew DeLuca’s pitch: It is these peo­ple that have grown tired of your eso­teric legal posts, that we as attor­neys rep­re­sent. How do you represent someone effectively when you can not connect with them? The type of perspective that is only learned by life experience or lifetimes of experience and allows us [...]
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