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CA5: Prospective CSLI is a records request, and it is not subject to the Fourth Amendment

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A court order for prospective cell site location information is a records request, and it is not subject to the Fourth Amendment. United States v. Wallace, 2017 U.S. App. LEXIS 8914 (5th Cir. May 22, 2017): The plain language of … Continue reading →

Cierre financiero y Kuntur Wasi

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Se terminó el debate, renunció el Ministro de TC y se resolvió (en mi opinión es una rescisión) el Contrato para construir el Aeropuerto de Chinchero. He intentado leer el Decreto Legislativo 1224 y su Reglamento DECRETO SUPREMO Nº 410-2015-EF  - Publicado el 27 de diciembre de 2015, mis conclusiones son las siguientes, existe una vocación por el robo en la gente que legisla, tanto la Ley como su Reglamento pretenden cerrar todas las posibilidades de robo y  lo único que hacen es  aumentarlas. El contrato para la ejecución del Aeropuerto de Chinchero no sé cuándo se celebró, podría ser después de dictado el DL de creación de las APP en la medida que el ex – Ministro de TC ha aludido en la interpelación a los artículos del Dec. Leg. 1224. Pero si nos preguntamos ¿Cuál ha sido el problema mayor? La respuesta es que en…

MOVIN ON UP

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Your Circuit Court nominees courtesy of the JNC (motto "We shall nominate no judge, before their time....unless the federalist society tells us to.")JNC - Press Release (Circuit Court) Nominations (1) by Rumpole21 on ScribdSite Feed

Panarella on Strict Liability for Killing Birds

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Sam Panarella (University of Montana School of Law) has posted A Bird in the Hand: Shotguns, Deadly Oil Pits, Cute Kittens, and the Migratory Bird Treaty Act (Virginia Environmental Law Journal, Vol. 35, No. 2, 2017) on SSRN. Here is...

Liquor, Soda, and the Fifth Amendment

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Back in the day—prior to about 1980—liquor and soda could be bought in fifths. A fifth, so-called because it amounted to a fifth of a gallon, was also known as a “short quart” because it was a one-fifth short of a full quart. When the law changed, and the short quart became standardized at its present 750 milliliters, the “fifth” lost another 7 milliliters. So it is totally appropriate that so many wish the “Fifth” Amendment these days to offer Michael Flynn, as it has recently offered so many before him, something less than the full fizz of protection from the government that one might expect from a constitutional amendment whose one job is to do just that.  I’ve written about why the Fifth Amendment matters before, almost certainly more than once. Most criminal defense lawyers have either done that, or have spoken to clients, potential clients, and pretty much anyone else who will listen to it on a…

Maryland Suspended License Laws and Cases from the Courts

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Driving on a Suspended License Laws and Cases in Maryland Common questions arise when our clients have been stopped by the police for driving on a suspended license: What if I did not know I was driving on a suspended license? What if I am facing charges of both driving with a suspended license and driving while revoked? These questions have been answered by the Court’s here in Maryland.   The question of “What if I did not know I was driving on a suspended license” can be answered by State v. McCallum and Rice v. State.   What did the Court say? In McCallum, the Maryland Court of Appeals ruled that there is a knowledge requirement, known as the mens rea, to proving the offense of driving on a suspended license. The Court built off of that decision in Rice v. State, when the Court ruled that the knowledge requirement may be satisfied if it can be proven that the defendant had deliberate ignorance or willful blindness. The question of “What…

Maclin on The Prophylactic Fifth Amendment

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Tracey Maclin (Boston University - School of Law) has posted The Prophylactic Fifth Amendment (Boston University Law Review, Vol. 97, Forthcoming) on SSRN. Here is the abstract: This article is part of a symposium issue discussing the fiftieth anniversary of...

Wisconsin’s War on Cocaine, 1986-1990

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The new issue of Marquette Lawyer magazine has an excerpt of my book Wisconsin Sentencing in the Tough-on-Crime Era. The excerpt covers changes to drug sentencing in the late 1980s, which were largely motivated by concerns about cocaine, especially in its crack form. As others have observed, the harshly punitive response to the crack epidemic in the 1980s contrasts markedly with the more balanced response to the current opioid epidemic. Given the widespread perception that crack was the drug of poor urban blacks, might the different responses to the two crises be explained, at least in part, by race and class?

Latimer on Anti-Bribery Laws

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Paul Latimer (Monash University - Department of Business Law & Taxation) has posted Anti-Bribery Laws – Compliance Issues in Australia (Journal of Financial Crime, Volume 23, Issue 4, 2016) on SSRN. Here is the abstract: Purpose: The purpose of this...

News Scan

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Prison for Faking Military Record:  A Wisconsin man who falsely claimed he was a Navy Seal wounded in Vietnam in order to get veteran's benefits has been sentenced to four years in prison.  Jeanette Steele of the San Diego Union Tribune reports that 68-year-old Kenneth Jozwiak presented fake discharge papers to Veterans Affairs officials identifying him as a Navy SEAL from 1965 to 1968 who received four Purple Hearts and the Bronze Star.  All of it was fake.  Jozwiak's military service was actually one year in 1967, before he quit and began his lifelong career as a grifter, racking up 120 arrests and scores of convictions.MS-13 Members Welcomed in 2014:  The Chairman of the Senate Homeland Security Committee told reporters that 16 members of the brutal MS-13 gang were allowed to immigrate into the US in 2014 as part of the Obama administration's program to admit unaccompanied children.  Stephen Dinan of the Washington Times reports…

Marsy’s Law for North Carolina?

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Earlier this month, the North Carolina House overwhelmingly passed House Bill 551, An Act to Amend the Law and Constitution of North Carolina to Provide Better Protections and Safeguards to Victims. The bill now awaits consideration by the Senate, where it has been referred to the Committee on Rules and Operations. The legislation is championed by the advocacy group, Marsy’s Law for All, which is seeking to amend state constitutions and, ultimately, the U.S. Constitution to enshrine victims’ rights. What is the impetus for Marsy’s Law and how would enactment of the constitutional amendment proposed in House Bill 551 change North Carolina’s existing constitutional and statutory protections for victims? Marsy’s Law is the colloquial name for the Victim’s Bill of Rights that was added to the California state constitution in 2008 and for similar amendments proposed and enacted to other state constitutions. The California amendment was backed by…

The Undocumented Aliens, the State Insurance Database and the Fourth Amendment

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This post examines a recent opinion from the U.S. Court of Appeals for the 5th Circuit: United States v. Broca-Martinez, 2017 WL 1521492 (2017).  As Wikipedia explains, this court is one of several U.S. Courts of Appeals which have jurisdiction over federal cases in the territory their Circuit encompasses.The court, like most courts, begins the opinion by explaining how and why the prosecution arose:Defendant–Appellant Cecilio Broca-Martinez appeals the district court's denial of his motion to suppress. While on patrol in December 2015, Officer Juan Leal began following Broca-Martinez's vehicle because it matched a description Homeland Security agents had provided the Laredo Police Department (`LPD’). Officer Leal stopped Broca-Martinez after a computer search indicated the vehicle's insurance status was `unconfirmed.’ The stop led to the discovery that Broca-Martinez was in the country illegally and that he was harboring undocumented…

American Law Institute officially approves revised Model Penal Code: Sentencing provisions

“Second Chance” DWI Bill Passes the Texas Senate

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A new Texas bill that gives low level criminal offenders in Texas a second chance needs only to return to the house and then be signed by the governor.  The Texas House of Representatives passed the “Second Chance” bill 140-0.  Now, the bill has moved through the Texas Senate 28-3.  The bill would allow criminal offenders without previous convictions to protect their criminal history from disclosure to the public. In Texas, we have only two crimes in which you cannot receive a deferred sentence.  Capital murder and driving while intoxicated.  Therefore, you can be charged with an offense like sexual assault and still get a deferred sentence and keep it off your record.  Not so with DWI.  The law used to allow for a DWI to fall off your record after ten years.  Not so anymore.  So, say you pick up a DWI in college, what can you do to get it off your record?  I get this question all the time.  Until now, the…

Major Issues in Nashville's Criminal Justice System

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Last night, I attended a panel discussion on criminal justice issues in Nashville, TN. The panel was hosted by the Davidson County Democratic Party. Judge Steve Dozier, District Attorney Glenn Funk, Sheriff Daron Hall, and Davidson County Juvenile Court Magistrate Carlton Lewis were a few of the panelists. Here is a few of the most pressing issues that were discussed. Gun Violence and Youth Everyday the news reports some episode of youths involved in gun violence. Is there a solution to the problem ? The Tennessee Legislature must accept some of the responsibility in the rise of gun violence. Every year the laws are modified to allow firearms in more places. There is no quick fix to stem the tide of gun violence according to the panelists. It is easier to obtain firearms. A general consensus is that all those under 30 have some type of firearm. Even those under 18 have firearms. One proposal advocated by General Funk is to speed up the prosecution of felons possessing…

Mikos on Marijuana and the Trump Administration

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Robert A. Mikos (Vanderbilt University - Law School) has posted Risky Business? The Trump Administration and the State-Licensed Marijuana Industry (2017 U. Ill. L. Rev. Online (April 29, 2017)) on SSRN. Here is the abstract: Attorney General Jeff Sessions has...

Fatal Crash in Gooding County

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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: 5/24/17 3:45 p.m. Please direct questions to the District Office Shortly after 7:00 a.m. on Wednesday, May 24, 2017, the Idaho State Police investigated a fatal crash in Gooding County. Jose Valdez, age 22, of Jerome, was westbound on East 3400 South near South 1875 East in a GMC Yukon when he went off the north side of the road. Valdez' vehicle overturned, struck a power pole and a fence, and came to rest on the north side of the road. Valdez was transported by ground ambulance to St. Lukes Magic Valley Regional Medical Center in Twin Falls. Valdez' passenger, Leopoldo Alvarez-Trujillo, age 19, of Jerome, was ejected and succumbed to his injuries at the…

Beginners Guide to Medical Marijuana in Arizona

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In 2010, the state of Arizona passed Proposition 203 which legalized the possession and use of marijuana for Arizona residents with certain medical conditions such as cancer, seizures and HIV and many more.   Having a medical marijuana card or acting as a caregiver for someone who uses medical marijuana does not mean that you are exempt from all Arizona state laws and regulations. To protect yourself from undue stress and/or legal problems it is important to know and understand the Arizona medical marijuana regulations.   When the Arizona Medical Marijuana Program was launched, the state of Arizona created guidelines regarding who is eligible and limits regarding cannabis possession. Patients and caregivers will be fingerprinted and may not be a registered felon. Eligibility is revoked if a medical marijuana card holder is convicted of a felony. Card holders may legally possess up to 2.5oz of marijuana or marijuana-infused edibles. It is unlawful to possess or use…

Maryland Burglary Laws

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In the State of Maryland, burglary is generally defined as the breaking and entering of a structure with the intent to commit a felony or other crime therein. The Maryland statutes criminalize varying degrees of burglary depending on the nature and location of the offense. If you have been charged with burglary in Maryland, it is essential that you have an experienced criminal defense attorney representing you every step of the way. An experienced attorney will assist you with assembling the necessary legal defenses to prevail in your case. Degrees of Burglary in Maryland The least serious degree of burglary in Maryland – fourth-degree burglary – typically involves a breaking and an entering onto someone else’s property. A “breaking” could include opening a partially closed door, and an “entering” could include entry of any body part into the structure. A person may be charged with third-degree burglary for breaking and entering into a…

Indecency With a Child is Serious Business in texas

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Historically, statutory rape laws prohibit sexual conduct between an adult and a person under the age of consent. These laws are premised on the notion that persons under the age of consent, female or male, are incapable to consenting to sexual activity. Nearly two-third of the nation’s population live in states that set the age of consent at 16 or 17—age 16 in thirty states and age 17 in eight states.   History of Statutory Rape Laws   The 1890s saw a wholesale re-structuring and re-defining of statutory rape laws across the country. These changes were brought about by an odd coalition of white working-class men, religious conservatives, and feminists. This coalition found common ground in their shared belief that middle-class men were taking sexual advantage of working-class women. One federal law in particular, the Mann Act of 1910 (legislatively known as the White Slave Traffic Act) was the direct result of the 1890s era belief that middle-class…
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