In September 2013, I co-founded Lumer & Neville, a small civil rights and criminal defense firm in New York City. We had some real successes and met all of my personal goals and targets. But life is is not static and things change. Which is my way of saying that I have moved on to form the Lumer Law Group.The firm will continue to be located in the same office in the City Hall area of Manhattan, and my practice will be very much the same. I am hoping to find the time to resume blogging, and look forward to hearing from you all again.
The Lumer Law Group
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Insomnia Is for Our Enemies
This is off topic, but too good to pass up.Secretary of Defense Gen. James Mattis let one journalist know how accurate his fearless reputation apparently is.In a wide-ranging interview with CBS' John Dickerson, Mattis was asked, "What keeps you awake at night?"Without a second to consider, Mattis responded: "Nothing. I keep other people awake at night."Read Full ArticleI've been in Washington for over forty years, and that's the best answer I ever heard.
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Crash Blocks EB I84@44
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 05/28/17 8:50 P.M. Please direct questions to the District Office The Idaho State Police is investigating a multiple vehicle crash on eastbound Interstate 84 at milepost 44, near Meridian, ID. The left lane is open, the right three lanes are blocked. More information will be released when it becomes available. 3642 -------------
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Dramatic Changes in New York Criminal Conviction Sealing Law Passed By New York State Legislature
We receive many phone calls from individuals in New York with criminal records who wish to have their convictions sealed or expunged. In a huge change of the existing law, the governor recently signed into law (effective October 2017) a change in the criminal sealing law pursuant to Criminal Procedure Law § 160.59 which allows judges to seal up to two eligible convictions, but just one felony. While most offenses are now eligible for sealing, not all are: DWI offense are eligible, but many serious violent felonies including sex offenses, Homicide, Assault and Robbery offenses are not (along with most class A felony convictions). Some Caveats Two important points: first, individuals convicted of multiple crimes as part of the “same criminal transaction” will be permitted to have all of these eligible offenses sealed as if they were just one offense (CPL § 160.59(1)(a)); and second, any eligible offense may be sealed only after at least 10…
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Crash Blocks EB I84@44
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 05/28/17 8:59 P.M. Please direct questions to the District Office *** Update *** All lanes of travel are open except for the eastbound Meridian Road on ramp. 3642/2850 *** End Update *** The Idaho State Police is investigating a multiple vehicle crash on eastbound Interstate 84 at milepost 44, near Meridian, ID. The left lane is open, the right three lanes are blocked. More information will be released when it becomes available. 3642 -------------
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Update: Crash Blocks EB I84@44
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 05/28/17 9:15 P.M. Please direct questions to the District Office *** Update 2 **** The eastbound Meridian Road on ramp is now open. 3642/2850 *** End Update 2 *** *** Update *** All lanes of travel are open except for the eastbound Meridian Road on ramp. 3642/2850 *** End Update *** The Idaho State Police is investigating a multiple vehicle crash on eastbound Interstate 84 at milepost 44, near Meridian, ID. The left lane is open, the right three lanes are blocked. More information will be released when it becomes available. 3642 -------------
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S.D.Iowa: Stepping aside and gesturing for officer to enter house was consent to enter
Defendant consented to police entry by stepping aside and gesturing for police to enter. United States v. Faler, 2015 U.S. Dist. LEXIS 188840 (S.D. Iowa April 28, 2015).* During a traffic stop, defendant was the passenger, and he was fidgety. … Continue reading →
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E.D.Mich.: Undercover officers entering public areas of a strip club as customers not a search
First undercover officers and then other officers entered plaintiff’s strip club to investigate alleged misdeeds inside. No warrant was needed under Macon because the parts of the club entered by the officers were open to the customers. ABECE Operating v. … Continue reading →
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FL4: Just being on somebody else’s property is not RS of a crime without more; telling def to “stand by” is a seizure
Defendant’s friends saw a police officer coming and all walked away. Defendant did not. That did not mean that when the encounter started, defendant was free to leave. On this record, he was not, and it was a detention without … Continue reading →
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OH8: Citizen’s warning of sobriety checkpoints in Parma, Ohio was protected speech and not obstruction of governmental business
Defendant’s actions of having a sign and warning people of a sobriety checkpoint did not amount to obstruction of official business, so his arrest was unjustified. Ohio practice requires the police to warn of sobriety checkpoints, too. City of Parma … Continue reading →
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FISA judge finds five years of illegal surveillance of some U.S. persons, but it wasn’t willful; remedial measures required; still, 4A not violated
McClatchy: Secret court rebukes NSA for 5-year illegal surveillance of U.S. citizens by Tim Johnson: U.S. intelligence agencies conducted illegal surveillance on American citizens over a five-year period, a practice that earned them a sharp rebuke from a secret court … Continue reading →
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IA: While Iowa doesn’t recognize anticipatory warrants by statute, a federal anticipatory SW that ended up in state court was valid
“The defendant now appeals, arguing among other things that Iowa’s search warrant statutes do not authorize anticipatory warrants. We agree, but hold that where the federal government conducts a search pursuant to a valid federal search warrant for purposes of … Continue reading →
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Multi Vehicle Crash in Meridian Sends Two to Local Hospitals
For Immediate Release: 5/29/2017 at 12:55 p.m. Please direct questions to the District Office On May 28, 2017, at approximately 8:12 p.m., Idaho State Police investigated an injury crash on Interstate 84, near the Meridian Exit at milepost 44. Tony D. Meyer, 45, of Hansen, ID, was driving a 1991 Chevrolet pickup eastbound when an item fell out of the rear of the vehicle. Boise City Police Officer Ty Clark was behind Meyer in a 2015 Ford Explorer. Clark activated his emergency lights and slowed to a near stop. Brayan D. Velez Alvarez, 23, of Boise, ID was driving behind Clark in a 2007 Mazda MZ3. Velez Alvarez did not yield to the slowing vehicles and struck the rear of the Explorer. Velez Alvarez's passenger Stacy R. Velez, 28, of Boise, ID, was transported by ground ambulance to St. Luke's Meridian Medical Center. Clark was transported by ground ambulance to St. Alphonsus Regional Medical Center in Boise. All subjects in all vehicles were wearing seatbelts. …
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Lest We Forget
Let us all take a moment today to remember those who gave the last full measure of devotion to the cause of freedom.
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Juvenile Sentencing Options in California
The juvenile court system is not simply a smaller version of the adult system. It is completely different, with entirely separate goals for sentencing. Unlike the adult system, which serves to promote public safety and punish the individual for committing the crime with jail time or hefty fines, the juvenile system aims to teach young... The post Juvenile Sentencing Options in California appeared first on HACKED BY IDBTE4M.
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Landslide Highway 3 MP 11.3
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: <05/29/17 02:47 am> Please direct questions to the District Office The Idaho State Police is on scene of a landslide that is blocking both directions of SH3 at milepost 11.3, between Juliaetta and Kendrick. It is undetermined how long the highway will be blocked. Please avoid the area. <TNM> -------------
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Philosophy of Language and Legal Interpretation
Brian G. Slocum, Pragmatics and Legal Texts: How Best to Account for the Gaps between Literal Meaning and Communicative Meaning, in The Pragmatic Turn in Law: Inference and Interpretation in Legal Discourse (Mouton Series of Pragmatics, forthcoming 2017), available at SSRN. Brian Bix Law is pervasively interested in the proper understanding and application of texts: contracts, wills, trusts, agency regulations, statutes, constitutional provisions, etc. Legal interpretation is obviously central to legal practice, and it is not surprising that legal scholars would come to look to literary interpretation and philosophy of language for insight. The discussion of literary interpretation, and what lawyers, legal scholars, and judges might learn from it, has been one of the themes of the Law and Literature movement. The recourse to philosophy of language has been slower and less well publicized; however, there is now a growing literature applying philosophy of…
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Health Insurance Plus Cancer
The use of Jeralyn Merritt’s “life plus cancer” as the rhetorical means of making the point that our notion of punishment has run out of room to inflict harm has an analogy on the health care debate. It’s hard to see at first, but reared its ugly head in the final paragraph of Elisabeth Rosenthal’s op-ed: Today, Mr. Albert, 52, is not happy with the price of his family’s high-deductible Obamacare policy: $2,000 a month. Even so, he said: “The A.C.A. was a lifesaver for us. Everyone in my family has something that could be defined as a pre-existing condition.” For the lawyers reading this, let me do the math: that’s a deductible under the ACA of $24,000 per year.* It’s unclear where that comes from, or whether that’s all deductible and co-pay is on top of it. There’s no mention of how much Albert pays for his family’s health insurance premiums, But if you add up all the numbers, it’s a lot…
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D.P.R.: Parents lacked apparent authority to consent to adult child’s room
The government failed to prove common authority by the consenter, defendant’s mother, for a search of the adult defendant’s separate bedroom. Common authority is far more readily found when the child is a minor, but not when the child is … Continue reading →
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White Windmills
There is a nobility in Cervantes’ Don Quixote’s quest to tilt at windmills despite the fact that we know he’s nuts and won’t win. It’s romantic to fight for a lost cause in the name of morality. For the rest of his life, Unamuno urged his fellow Spaniards to practice quixotism, which meant adopting the moral courage necessary to fight for lost causes without caring what the world thinks. Today, when much of society and politics — both in and outside the United States — looks like a lost cause to a great number of people, we might do well to consider Quixote’s brand of lunacy. There is an obvious flaw to the exhortation: morality is a highly subjective goal. Both sides of the same fight believe in the morality of their cause, and both may be right. They just don’t agree. That’s why claims of morality may be heartwarming, “without caring what the world thinks,” but unavailing as a metric for policymaking.…
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