Punching plaintiff in the face was objectively reasonable on these facts, and the officer is entitled to qualified immunity. “Viewing the evidence in the light most favorable to Avery, Davis saw a brawl break out between two groups of young … Continue reading →
CA11: Punching ptf in the face because of apparent threat to officer was QI
↧
↧
WI: Failure to call one officer was not IAC because it wouldn’t change the outcome of suppression hearing
The record supported that defendant consented to the search of his car. The IAC claim was denied because the failure to call one of the officers would not have changed the outcome. State v. Floyd, 2017 WI 78, 2017 Wisc. … Continue reading →
↧
Timekeeping and Wage Theft in the 21st Century
Elizabeth Tippett, Charlotte S. Alexander & Zev J. Eigen, When Timekeeping Software Undermines Compliance, 19 Yale J.L. & Tech. 1 (2017). Alex B. Long Nearly sixty percent of American workers are paid on an hourly basis. Despite this reality, wage and hour law typically generates little attention in academic literature. While there has been considerable discussion about “the gig economy” and independent contractors, the nuts and bolts concerning how most Americans get paid goes largely unaddressed in legal scholarship. For this reason alone, a new article by Elizabeth Tippett (Oregon), Charlotte S. Alexander (Georgia State), and Zev J. Eigen (Littler Mendelson) represents a welcome addition to the literature. The article focuses on workplace timekeeping software and the ways in which employers can use such software to commit wage theft. The authors review the functionality of thirteen different timekeeping software programs and explore how such software…
↧
But For Video: Ol’ Clark’s A Victim In His Own Mind
He calls himself “Ol’ Clark,” and at 84 years of age, it’s an apt description. But then, an old fool is worse than a young fool, and Bill Clark is old enough to have no excuse. The Columbia Daily Tribune has suspended columnist Bill Clark indefinitely after a public dispute arose over a column he wrote claiming his life was threatened when two sheriff’s deputies stopped his car in June. Clark wanted desperately to “understand” what it was like to be a minority, a victim of police harassment, and so he manufactured a fantasy after he was stopped by two deputies. I’m lucky I didn’t get shot. Sirens wailed and when I stopped, two officers were out of the sheriff’s vehicle. When I reached over to turn off the radio and then take my wallet out of my pocket to produce the driver’s license and insurance card, I realized my hands were not at the top of my steering wheel. Danger lurked and official arrogance was to…
↧
Starting a Case as an Expert Witness
Tracy Coenen talks about the steps she takes when she starts a new expert witness case. What documents should you ask for? What should you evaluate first?
↧
↧
The Guardian: Facebook among tech firms battling gag orders over government surveillance
The Guardian: Facebook among tech firms battling gag orders over government surveillance by Olivia Solon: Tech companies including Facebook, Twitter and Microsoft are fighting gag orders from US courts preventing them from talking about government surveillance of their users, arguing … Continue reading →
↧
Courthouse News Service: Albuquerque Police Call Spying Tech So Secret They Can’t Even Say They Have It
Courthouse News Service: Albuquerque Police Call Spying Tech So Secret They Can’t Even Say They Have It by Victoria Prieskop: ALBUQUERQUE (CN) — The ACLU sued Albuquerque for information on how its police use Stingray cellphone spying technology, and whether … Continue reading →
↧
Not Everybody Gets A Cookie
Zachary Randolph loves him some cops. And he’s allowed. Randolph said he was working a normal shift at his job at the Katy Mills Mall when a police officer who worked at the mall placed an order for a $2.75 cheesecake brownie. The teenager said he wanted to show his appreciation for the official protecting and serving his community. A good deed? Well, everyone knows what comes of good deeds. A Texas teenager was suspended from his cookie store job after a customer became upset when he paid for a police officer’s order. Zachary Randolph, 18, was suspended from his job at a Great American Cookies mall after he bought a police officer a brownie out of his own wages on Sunday. What’s particularly amazing is that he didn’t just give the cop a free brownie, which would have been the norm. Nope, Zachary paid for the brownie out of his own pocket. That alone speaks very well for the young man, given he probably could have just handed the cop a…
↧
JORGE BRUCE y los fujimori
Muy buen análisis de Jorge Bruce, este par de japoneses están montando toda una estrategia para que en el 2021 existan dos fujimori candidateando para ocupar la Presidencia del Perú, hasta aquí no llega la opinión del articulista, son mis conclusiones. EL PERDÓN ES PROPIO DE LA GRANDEZA, EL OLVIDO UN ERROR AL QUE LOS PERUANOS ESTAMOS ACOSTUMBRADOS. Nunca olvidemos el comportamiento de los japoneses antes del 07 de diciembre del año 1941, tampoco las promesas del jefe del "clan peruano" antes de ser elegido, hizo exactamente todo lo contrario al serlo, igualito que en la fecha fatídica que acabo de mencionar. HE AQUÍ EL ARTÍCULO DE JORGE BRUCE- publicado hoy 10 de junio de 2017 en La República Uno de los problemas con el espectáculo, que nos tiene fascinados, de la rivalidad de los hermanos Keiko y Kenji Fujimori, es su capacidad de ocultar el problema de fondo. Como…
↧
↧
Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Affirmative Consent, by Way of the Intoxication 'Defense' Kevin Cole University of San Diego School of Law Date Posted: 18 May 2017 [3rd last week] 171 2. Dynamic Rationality Stephanie...
↧
Short Take: Gillibrand’s Crusade
It must have been painful for the ABA Criminal Justice Section’s Task Force on College Due Process Rights and Victim Protection to have to admit that even accused rapists are entitled to some tiny degree of due process. Weak, conflicted, and bordering on the idiotic as the recommendations might be, it still compelled the ABA Journal to note, “but they are not formal ABA policy.” Both the accused and the accuser should have due process protections when colleges and universities resolve allegations of campus misconduct, according to a report by an ABA task force. While this inane failure to grasp how adjudication under the American system, the United States Constitution, works, the ABA still considers this too radically in favor of the patriarchy to note the report without the caveat, which is why the ABA has changed its slogan to, “it’s so exhausting.” But it’s not alone in its sad tears for the victims of patriarchy. One of the…
↧
What is a “402 Conference” or a Pre-Trial Conference in Illinois? What it is and What You Need to Know.
A Pre-trial conference is the usual way that a criminal case is resolved in Illinois without the need to go to trial. The Pre-trial conference is a meeting that occurs between the prosecutor, the defense lawyer, and the judge. The meeting is usually, but not always, behind closed doors, and the parties all get together to discuss the case to see if there’s a way to work out an agreement short of trial. Illinois Supreme Court Rule 402 allows for this conference to happen and sets forth the requirements for such a conference to occur. That’s why this type of conference is commonly called a “402 Conference” by lawyers and judges. Supreme Court Rule 402 provides that a judge cannot request that the parties have a “402 Conference”. The request for a “402 Conference” has to be made by the lawyer for the defendant and the prosecutor must agree to participate in that conference. After the lawyer for the defendant requests that the court…
↧
César Landa y el sexo homosexual
El señor César Landa en uno de los párrafos del artículo que pueden leer en "El Comercio" de hoy 10 de junio de 2017 escribe: "..,.el Consejo Nacional de Educación, que reúne pluralmente a ex ministros de Educación y especialistas en materia educativa, así como el gremio que agrupa a decenas de miles de profesores, se han pronunciado a favor de la inclusión del enfoque de género en el currículo, que no es otra cosa que buscar garantizar la igualdad de derechos y oportunidades a todas las personas, sin discriminación por razón de sexo, como manda la Constitución (art. 2, inc. 2)". Hasta donde recuerdo este señor fue Presidente del Tribunal Constitucional y naturalmente su opinión debe escucharse sí y sólo sí la misma, por su contenido, puede incorporarse al debate del asunto que lo motivó a escribir. …
↧
↧
Five Tips for Safe Work Zone Driving in Georgia
Work zones are notoriously dangerous places for drivers and road workers alike. In April, the death of a construction worker on Interstate 20 in Villa Rica highlighted the hazards of construction zones. Georgia State Patrol reported a Honda Civic was traveling westbound around 3:10 a.m. The car plowed into the northbound emergency lane and hit four people in a road crew working between the interstate and the exit ramp for GA 61. Five work zone driving safety tips State patrol officers said the driver of the Civic was intoxicated at the time of the wreck. Emergency responders airlifted the driver and the most seriously injured worker to a local hospital. The worker was later pronounced dead. The other workers were injured in the crash but were reported to be in a stable condition. Work zones are dangerous because traffic slows suddenly and work crews are in close proximity to fast-moving cars and trucks. Often drivers become confused by new traffic patterns and the results…
↧
Why Do Innocent People Accused of Crimes Accept Plea Bargains?
Michigan criminal defense attorneys know all too well that many defendants, regardless of their innocence or guilt, accept plea bargains (plea deal, agreement) offered by prosecutors. Why would anyone who is innocent ever agree to such a deal? Why not plead not guilty and go forward to trial? This is a question many people who have not been put in this position ponder, but unfortunately it’s a terrible truth. The fact is, our criminal justice (or injustice, as you may want to view it) is so unstable that those who are completely innocent could be found guilty at trial. If you were in this position, would you rather accept a plea deal that results in two years in prison, or go to trial knowing you could possibly face 10, 20 or even more years behind bars if for some inconceivable reason you were found guilty? Exactly. Defendants in any criminal case are presumed innocent until found guilty beyond a reasonable doubt, however often this is not the case. Jurors often form…
↧
Slow Down – Extra Speed Enforcement Runs Through July 23
Whether you’re racing to work or speeding home to pick up your kids before soccer practice, make sure you don’t go too far above the posted speed limit, otherwise you’ll likely see red and blue lights in your rearview mirror. That’s because Minnesota police are currently conducting a speeding campaign that will run through July 23. According to police, more than 300 agencies across the state will be conducting extra speeding crackdown efforts in order to help cut down on one of the four fatal driving behaviors. Speeding, along with drunk driving, distracted driving and lack of a seat belt make up the four most dangerous driving behaviors, and one factor plays a role in more than 50 percent of crashes. State Patrol Lt. Robert Zak said the posted speed limits are there for a reason, and police will be watching intently over the next two weeks. “The faster the speed, the harder it is to stop a vehicle,” State Patrol Lt. Robert Zak said.…
↧
D.Vt.: Payton doesn’t require an arrest warrant come with a SW
Payton does not require that an arrest warrant also be obtained to arrest a suspect during the execution of a search warrant on his premises. Defendant was lawfully arrested in the house when the search warrant was executed. United States … Continue reading →
↧
↧
CT: When two grounds are found to support the search, def on appeal has to challenge both
Defendant’s claim that the officers did not follow administrative regulations on conducting his parole search was moot where the trial court also found defendant consented to the search and he didn’t challenge consent. State v. Holley, 2017 Conn. App. LEXIS … Continue reading →
↧
*** Final Update *** Crash Blocking US95 near Milepost 111 North of Midvale
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: 7/10/2017 11:59 p.m. Please direct questions to the District Office ***** Final Update ***** On Monday, July 10, 2017, at approximately 4:09 p.m., Idaho State Police investigated a two-vehicle fatality crash on US95 near milepost 111, north of Midvale, in Washington County. Steven D. Joslin, 39, of Fruitvale was driving northbound on US95 in a 1985 Ford Thunderbird. Richard T. Pierce, 63, of Caldwell was driving southbound on US95 in a 2006 Freightliner semi pulling a single trailer. Joslin's vehicle crossed the center line into the southbound lane striking Pierce's vehicle head-on. Joslin succumbed to his injuries at the scene of the crash. Joslin's next…
↧
Winning Your Kentucky DUI Case
Can a DUI case be won in Kentucky? Yes! As a practicing Kentucky DUI attorney I receive calls from people charged with DUI's who sincerely do not believe that their DUI case can be won! They call for help and to hire an a DUI defense lawyer but appear defeated before their defense even begins. In our discussions I explain to each caller that many, but not all, DUI's are winnable based on the facts. Yet I can tell from many of the caller's statements that they don't believe they can win regardless of what I say. Earlier today I was reminded of this again while speaking with my client at the conclusion of the client's DUI case. Another criminal defense attorney had called me at the beginning of the case and asked for my assistance in defending his client. The case involved a blood test where assorted drugs were found in the client's blood and the client was found in her vehicle on the side of the roadway. He…
↧
More Pages to Explore .....
