On Tuesday, April 25, 2017, Senator Connie Leyva, a Democrat representing District 20, argued before the California Senate Public Safety Committee. Technically, I think they call it “testifying,” rather than arguing, in this context, but she offered no valid relevant or material facts. She was pushing her Senate Bill 26, which aims to do nothing, other than boost her reputation as a Social Justice Warrior, and make other people’s lives miserable, which is totally okay because after all, if it saves just one…. Hypocrisy can be a wonderful thing. No one can live a life—especially a life that includes any amount of thinking, rather than just the life most Americans live—that does not contain some amount of contradiction in it. I do it; you do it; because we all do it. If you had to stop before every thought, and every action, until you knew that what you were doing was consistent with what you’ve always done, what you say you believe, and…
Quick Look: If It Saves Just One
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Two DUI’s in Less than Three Hours
A Wisconsin man was arrested twice in about two and a half hours for driving under the influence according to Ashwaubenon, Wisconsin Public Safety. What’s more, he’s only 18 years old. 18-year-old Preston Bierhals was on his way home from a graduation party last week when he lost control of his vehicle and struck a light pole. Bierhals told responding officers that he was trying to make a phone call when he lost control of his car. His blood alcohol content was later determined to be 0.157 percent. At the time, Bierhals’s license was suspended. “The legal limit for him is zero, but he was still above the 0.08, he was over 0.10 actually both times,” said Capt. Jody Crocker. Bierhals was booked for “operating while intoxicated” (OWI), which is the Wisconsin equivalent of California’s “driving under the influence” (DUI). Instead of keeping Bierhals to sober up, officers released him to someone who signed a Responsibility…
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News Scan
Escaped Murderers Caught: Two Georgia prison cellmates who escaped early Tuesday from a inmate transport bus after killing two corrections officers, have been captured in Tennessee. Nicole Chavez of CNN reports that after sixty hours on the run convicts Ricky Dubose and Donnie Rowe were caught by an armed homeowner as they attempted to steal his car. When officers arrived the pair were face down on the homeowner's driveway being held at gunpoint. The manhunt covered 260 miles as the criminals stole five cars, robbed two homes and terrorized an elderly couple. The pair, who had been serving prison time for armed robbery and assault, will now be charged with the murders of the two corrections officers, a death penalty offense. Probationer Arrested for Selling Drugs to Students: After Claremont, CA police received a tip from high school students that two men were selling cocaine and other drugs to students at their school, a police investigation…
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Carrying a Firearm Without a License in Massachusetts
In a recent Massachusetts appellate decision, the defendant was convicted of carrying a loaded firearm without a license and carrying a firearm without a license. The case arose when an officer was patrolling in Boston and saw a car blocking traffic. After running its license plate number, he found that the owner of the car had a suspended license. The car turned without signaling, so he pulled it over. The officer discovered that the owner of the car was also the driver. He confirmed she was driving with a suspended license. Neither of the passengers had licenses either, so all three had to get out of the car so that it could be towed away. Another officer joined the first, and they did an inventory search of the car. Inside the center console was a bullet. One officer asked the defendant if he could look in her bag in a conversational way. The other officers were several feet away, discussing what should happen with the car. The defendant gave the officer the bag, and…
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Charges for Possessing Counterfeit Money in Massachusetts
A recent Massachusetts appellate case arose when a cop stopped to get coffee during his patrol hours. While in line, there was a commotion in which the defendant argued with the cashier. The cop didn’t hear the discussion but saw the defendant hurry away. After talking to the cashier, the cop followed the defendant and asked to talk to her. The defendant was holding a $20 bill when she turned to answer the cop. Since he thought there was a problem with the bill, he asked if he could look at it and then called for backup. Upon being asked, the defendant said she’d gotten the bill while eating at a pizza parlor the previous night. The cop went back to the donut shop to talk to the cashier and then issued a summons to the defendant. The defendant was charged for possessing counterfeit currency. An agent testified that the $20 bill was counterfeit, and he could tell because it wasn’t cut correctly so that the color was white at the edges, and there…
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Maritza Reátegui - "pura vida" y sus lecciones
http://elcomercio.pe/opinion/columnistas/lecciones-pura-vida-maritza-reategui-434945 Es posible en un País con un nivel de corrupción muy bajo (Países nórdicos en primer lugar) la garantía ofrecida por sus instituciones tutelares sea un referente para el ciudadano y confiará en la información brindada sobre los productos elaborados, etiquetados, embolsados y distribuidos por las empresas del sector correspondiente. La situación NO es ni de lejos por la que atraviesa el Perú, el poder viene ensayando varias defensas de "pura vida" una se dedicó a satanizar a los preclaros críticos de circunstancias pues NO movieron un dedo en su momento sobre el engaño en el etiquetado de "alimentos" como "pura vida" mucho tiempo antes que las autoridades panameñas lo cuestionaran (etiquetado) de lo vendido como leche sin serlo realmente, concluyendo…
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Self-Defense in a Massachusetts Assault Case
In a recent Massachusetts appellate case, the defendant was convicted of assault and battery on a girlfriend. He appealed on the grounds that the conviction was a result of speculation and conjecture and that there were no findings to support it. The appellate court explained that after a defendant raises self-defense while being prosecuted for assault and battery, the burden shifts to the prosecutor to show the defendant didn’t act in self-defense. This requires the prosecutor to prove beyond a reasonable doubt that the defendant didn’t use all appropriate ways to avoid physical fighting before resorting to the use of force. Generally the right of self-defense can’t be claimed by someone who starts the fight or assault unless he withdraws from the fight and lets the other party know that this is what he’s doing. In this case, the defendant argued that the judge hadn’t properly considered whether he acted in self-defense based on his…
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McConkie on Criminal Discovery
Daniel S. McConkie Jr. (Northern Illinois University - College of Law) has posted The Local Rules Revolution in Criminal Discovery (Cardozo Law Review, Forthcoming) on SSRN. Here is the abstract: Over the last few decades, federal district court judges throughout...
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La torpeza de un gobierno - el caso Thorne
La única simpatía por este gobierno, para mí, es haber impedido la victoria de la japonesa desde mi condición de elector y no me arrepiento de haber votado por el gringo. No puedo entender como un grupo de gente "supuestamente" (es necesario el entrecomillado) inteligente haya permitido la presencia de Thorne en el parlamento pues, no sólo obligó al Ministro a mentir, también a poner "cara de palo", la evidencia de un diálogo descubierto ante el cual sólo cabía la renuncia. Todo lo añadido (no pude escuchar la intervención del señor Thorne) sólo ha servido para echar más leña al fuego y retirarse del hemiciclo con el rabo entre las piernas anunciando -es mi lectura- su renuncia a la Cartera de Economía. Las personas "prima facie" son honestas y está muy bien respaldar ese valor por el Presidente y su…
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**update** Traffic Delays due to crash I90 mp 7 WB
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 06/16/2017 11:20 AM Please direct questions to the District Office ***update*** The crash is now clear. Traffic should clear out shortly. Thanks! ISP is on scene of a blocking crash causing traffic delays on I90 at Westbound at milepost 7. Please expect delays or use alternate routes. Mfc -------------
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EL CUENTO DE LAS MIL PALABRAS
En el mes de enero del presente año la Revista "Caretas" debió dar el resultado de su concurso "El cuento de las mil palabras" no lo hizo y a fines de febrero me acerqué al local de la empresa para enterarme del resultado. No hay nada señor, si gusta le doy el teléfono y cuando llame pregunte por la señorita ....Zileri (he olvidado el nombre, me disculpo por ello), han pasado casi cuatro meses desde entonces y no he leído nada sobre el resultado, en verdad tampoco me he interesado, total los cuentos se entregaban en la portería de la empresa y no se firmaba ningún cargo de haberlo recibido, en consecuencia la relatividad de los sucesos que pudieran haber acontecido no daban ninguna oportunidad para reclamar, así que he decidido compartirlo con todos ustedes. Debo indicar que redactarlo me demoró un par de horas, la revisión la realicé en los días subsiguientes y…
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The Deciders at the Tip of the Technological Iceberg
Yesterday, the Huffington Post published a story about something I covered in a couple blog articles a while back. They mentioned what I wrote about, getting part of it wrong, but that’s to be expected from reporters who aren’t necessarily familiar with Law.[1] Later in the day, I received a phone call from another reporter wanting to discuss the same topic. I tried to convince that reporter that the real story was not exactly what everyone seems to be focused on. Or, more accurately (because Huffington Post did address one aspect of private companies being used for law enforcement data storage), the real story is the iceberg, and Axon (formerly Taser) is comprised solely of the Deciders at the Tip of the Iceberg. To quote from the Huffington Post article, [T]he problem exposes a more fundamental risk – a risk largely underappreciated [sic] by entrepreneurs and venture funds eagerly investing in police technology companies. Unlike many other…
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TOO MUCH FUN: Getting in and Out of Trouble at Holmdel’s PNC Bank Art Center
We’ve sometimes got trouble, right here in Holmdel township, with a capital T and that rhymes with P and that stands for the PNC Bank Art Center. This popular music venue in Holmdel has provided a venue for musical acts from symphonies to Sinatra to Springsteen to Phish to Sting over the years – but the festival environment has also spawned more than a little bit of trouble in the form of dozens of drug arrests, underage drinking, DUI arrests, fights, shootings. If you’re a music fan who gets into trouble with a capital T, the first person you should talk to is Holmdel criminal defense attorney Tara Breslow-Testa. She is experienced with a capital E and can reduce possible sentences, fines and future consequences for anyone arrested around the PNC Bank Center. PLEASANT VALLEY Continue reading →
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CNN Tonight
I will be on CNN tonight on a panel discussing whether Special Counsel Bob Mueller is too personally close to a potential key witness, Jim Comey, to continue to serve. I believe the panel will start at 8:30 EDT and run for perhaps half an hour.My USA Today op-ed addressing this question is here.
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Sixth Circuit Recognizes Child Abuse Exception to Marital Communications Privilege
The marital communications privilege allows a defendant-spouse to preclude testimony by his or her spouse regarding confidential marital communications. The privilege has exceptions, of course, as do all privileges, and the Sixth Circuit recognized a child abuse exception in United States v. Underwood.Underwood was charged with sex crimes perpetrated against his step-granddaughter, who was between eleven and twelve years old at the time. On appeal he challenged admission of testimony over his assertion of the marital communications privilege from his wife (1) that she became concerned about defendant’s favoritism toward their step-granddaughter; (2) about an incident when she found that defendant had changed the bed linens while he and the child had been at home alone; and, (3) regarding text messages and voicemails she received from defendant where he did not deny sexually assaulting the child and “apologized for not being a perfect man.” The Court…
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Allen on Probability as a Tool in Plausible Reasoning
Ronald J. Allen (Northwestern University Law School) has posted The Nature of Juridical Proof: Probability as a Tool in Plausible Reasoning (Forthcoming 21 Int. J. Evidence & Proof 133 (2017)) on SSRN. Here is the abstract: The different contexts of...
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No Lifetime Appointments While There Remains A Cancer On The Presidency
As we brace for the next revelation to contribute to Trump's "downward spiral," as Sen. Bob Corker (R-Tenn) put it, let's not lose sight of the unmitigated and long-lasting damage the malevolent orange shit-gibbon can still wreak -- particularly with regard to the federal judiciary. Remember, the Republicans didn't only steal a Supreme Court seat when they refused to even hold hearings on Obama's nominee for the high court. They also mucked up the process for Obama's nominees to the lower federal courts. As a result, only twenty district court and appellate court judges were confirmed in the last two years of Obama's presidency (compared to three times that many for each of his three immediate predecessors).This means that Trump has the opportunity to fill over 130 vacancies on the federal bench and, in doing so, drastically reshape the courts…
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//blawgsearch75.rssing.com/chan-6519914/article25418-live.html
US v. Hernandez, No. 14-50214 (6-15-17)(Per Curiam by Schroeder, Bybee & Smith). Interesting opinion reversing a conviction, but not for the usual reasons. The 9th affirmed that "willfully" in this gun case was not specific intent and there was sufficient evidence to support the verdict. However, the introduction of evidence of other crimes made it likely that the jury convicted on other acts rather than the one at issue, thus a vacation of the conviction. This was a 22(a)(3) case, Illegal Transportation of Firearms. The defendant bought firearms in Arizona, took them to California, and sold them. There were a lot of weapons. The defendant argued that "willfully" in the statute required specific intent. The 9th held that the term here "is not subject to the heightened awareness used in some tax and antistructuring laws." (9). Just as with the gun licensing requirement in Bryan v. US, 524 US 184…
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Injury Crash EB I84 East Of Eagle Road
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: 06/16/2017 5:45pm Please direct questions to the District Office On Friday, June 16, 2017, at 12:51 pm, Idaho State Police investigated an injury crash eastbound I84 at mile marker 47, east of the Eagle off ramp. Cameron J. Dill, 24, of Boise, ID, was traveling eastbound I84 in a 1995 Honda Civic. Dill attempted to make a lane changed and struck the front of a 2015 Ford F150, driven by James C. Tully, 26, of Moses Lake, WA. Dill's lost control of his vehicle, crossed several lanes of travel, and struck a 2008 Chevrolet Impala, driven by Linda J. Hill, 62, of Boise, ID. The Honda Civic and the Chevrolet Impala rolled off the right shoulder coming to rest on their…
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WaPo: How self-driving cars could determine the future of policing
WaPo: How self-driving cars could determine the future of policing by Orin Kerr
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