Emmanuel Hiram Arnaud has posted A License to Kill: State Sponsored Death in the Oldest Colony in the World (86 Rev. Jur. UPR 295 (2017)) on SSRN. Here is the abstract: The article discusses the death penalty in Puerto Rico...
Arnaud on The Death Penalty in Puerto Rico
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5 Common DUI Penalties in Minnesota
Driving under the influence is a serious crime, and this means courts and judges can be a little more liberal with their imposed punishments. Some courts focus on punishing the offenders, while other focus more on rehabilitation, and other courts fall somewhere in between. So today, we’re going to take a look five common penalties imposed by the court after a Minnesota DUI conviction. Common Drunk Driving Penalties If you’re convicted of DUI, here are some punishments that you may face. Fines This is a standard punishment that every convicted DUI offender will face. There is no real standard fine amount in Minnesota because the base fine varies from county to county, but expect to shell out at least a couple hundred bucks on the fine alone. You’ll also need to spend money on a lawyer, increased car insurance, and some court administrative fees. You might think you can save money by skipping the lawyer costs, but a lawyer can actually save you money in the long…
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Ineffective Assistance– trial counsel’s wholesale ineffective assistance in investigating evidence of key witness’ bias leads to overturning of narcoterrorism claim: United States v. Khan Mohammed, _ F.3d _ (D.C. Circuit, No. 16-3102, July 21, 2017).
In 2012, the D.C. Circuit affirmed on direct appeal Khan Mohammed’s sentence and conviction for drug trafficking and international terrorism, but remanded for an evidentiary hearing on his claim of ineffective assistance of counsel. United States v. Mohammed, 693 F.3d 192 (D.C. Cir. 2012). Following an evidentiary hearing and a second direct appeal, the Circuit affirmed the conviction for drug trafficking but concluded that Mohammed’s trial counsel failed to investigate the possibility of impeaching the government’s central witness as biased against Mohammed, despite ample indication that he should and could do so. After Mohammed, an Afghani national, was convicted of serious drug charges and the cause remanded for a hearing on his ineffective assistance claim, it was determined that trial counsel hadn’t followed up on representations that he intended to seek out witnesses in Afghanistan and travel there to interview them. In fact, he didn’t appear…
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New Issues As Medical Marijuana Preparation Continues
After enduring numerous delays and costly blunders the state medical marijuana program is now in the final stages of preparation. Over the last few months most of the news headlines concerning medical pot were focused on the potential growers. These grow companies raised millions of dollars apiece and their investors included prominent and powerful state residents. Needless to say there was a lot at stake when the commission hired a Towson University group to choose the best fifteen, and it was hardly a surprise when those that didn’t make the cut took their fight to the media and the courts. Despite pending litigation by a couple of disgruntled grow companies the other fifteen pre-approved growers are moving forward with their plans to plant their first seeds. Many of these multimillion-dollar companies are still awaiting final licenses, but there does not appear to be any imminent hurdles on the growing side of the Maryland medical cannabis operation. However, there are…
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Business as your most valuable marital asset?
Building up a successful business is a difficult task. If you are married, it can put a lot of strain on your relationship, as the hours and money involved are often substantial. However, when things are going well, it can grant financial freedom and a sense of accomplishment. If your spouse took any part in the building up of your company, your business may be the most valuable marital asset you share and could be subject to division if you end up getting a divorce. Equitable distribution law may require a significant change in the structure of a business following divorce. This uncomfortable truth is one that some business owners may not consider when their full focus is on getting their businesses up and running. Protecting the business before or after marriage If you start a business before or after getting married, you may protect it in many ways. Before the wedding, you can consider having your fiancé sign a prenuptial agreement that states the business…
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**Final Update** Crash on US93 Blocking Traffic
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: 07/25/2017 9:33 p.m. Please direct questions to the District Office *****FINAL UPDATE***** On Tuesday, July 25, 2017, at approximately 3:28 p.m., Idaho State Police investigated a two-vehicle, injury crash southbound on US93 at milepost 57, in Jerome County. Brenda Naylor, 53, of Twin Falls, was southbound on US93 in a 2017 Subaru Outback. David Meyers, 82, of Sun Valley, was northbound on US93 in a 2010 GMC Acadia. Frances Meyers, 83, of Sun Valley, was a passenger in his vehicle. The Subaru and the GMC collided. The GMC went off the right shoulder. The Subaru came to rest in the lane of travel. All occupants were wearing their seatbelts. David Meyers was…
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Police are from the same cloth as all court witnesses
Police are from the same cloth as all court witnesses, drawn from the general population that ranges from the angelic to the amoral to the sinister. Neither the law nor good sense merits cloaking police with any more presumption of believability nor honesty, than any other witness. Recent examples that police include those to heavily beware of include: – Two weekends ago, a Minneapolis police officer shot dead Justine Ruszczyk, a 911 caller who reported a possible assault in progress. No video footage exists of the incident, the police officer who shot the caller has apparently remained silent (which of course is his right, as much as police often act berserk when their own suspects do not talk to them), and the Minneapolis police chief has resigned in the midst of this scandal. – Praised be the Maryland Public Defender’s Office for making public a video from earlier this year seeming to show Baltimore police planting illegal drugs in a residential area.…
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Fatality Crash In McCall
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: 7/25/2017 10:05 p.m. Please direct questions to the District Office On Tuesday, July 25, 2017, at approximately 2:40 p.m., the Idaho State Police investigated a single vehicle fatality crash in the intersection of Park Street and Mission Street in McCall. Craig T. Boswell, 56, of McCall, was driving a 2014 Jeep Cherokee, westbound on Park Street when he failed to stop for a stop sign at the intersection for N Mission Street. The vehicle continued through the intersection and collided with a building. Boswell was not wearing a seatbelt, and was transported by ground ambulance to St. Luke?s Medical Center in McCall where he later passed away. This crash is under…
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Will Ohio successfully get its machinery of death operational today after 3.5 years of delays?
The question in the title of this post is prompted by the fact that, after years of difficulties securing execution drugs and then litigation delays, Ohio appear poised to have its first execution today since January 2014. This AP story, headlined "US Supreme Court denies stay of execution for Ohio convict," provides the basic backstory: A condemned child killer was scheduled to die on Wednesday in the state's first execution in more than three years after the U.S. Supreme Court denied his requests for more time to pursue legal challenges. Ronald Phillips was transported to the death house at the Southern Ohio Correctional Facility in Lucasville on Tuesday morning, about 24 hours before his execution was planned. He was convicted of the 1993 rape and killing of his girlfriend's 3-year-old daughter in Akron. Justices denied the 43-year-old Phillips a stay on three requests, with a pair of justices dissenting on a request by Phillips that was joined by…
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Incarceration Tips: How to Prepare for Prison
After being convicted of a crime, a jail or prison sentence is likely to be most people’s worst case scenario, and for good reason. Jail and prison are not pleasant experiences in even the best of cases. If you’re facing criminal charges, a qualified and experienced criminal defense attorney can help you secure less severe... The post Incarceration Tips: How to Prepare for Prison appeared first on Law Offices of Graham D. Donath, APC.
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Found in the Archive
Richard Chused and Wendy Williams, Gendered Law in American History (2016). Janet Halley Every major dimension of contemporary American family law underwent transformation in the 19th Century. Indeed, I have argued at considerable length that American family law was invented in the 19th Century. 1 Many of the most difficult and intractable legal issues in the field carry 19th Century legal rules, doctrines, ideologies, debates, and practices forward to the present. Some of these vestigial aspects of 19th Century family law emerge in a slurry of semi-congealed elements that took shape then and have stayed in play despite major transformations in the field since; others persist in their 19th Century form, albeit with more contemporary contents. It’s impossible to work in contemporary American family law without asking oneself, again and again, what did happen with this issue or that in the transformative-yet-reactionary 19th Century? But for those of us who…
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5 Things to Know About Money Laundering in Texas
Major money laundering arrests make the news here in North Texas all the time, and it’s a crime that seems to be a favorite plot device in movies and TV shows. But what exactly is money laundering – and more to the point, if you think that you are being investigated for money laundering, then what are some key things you should know about it? . 1. Money Laundering is defined by Statute Money laundering violates both state and federal law. In federal investigations, the Money Laundering Control Act (18 U.S.C. §§ 1956–1957) defines the crime and its prosecution. In the State of Texas, Chapter 34 of the Texas Penal Code controls as part of the legislation that establishes state crimes against property. Texas’ Definition of Money Laundering In Texas Penal Code Sec. 34.02, Money Laundering is defined as a person who “knowingly” does one of the following: (1) acquires or maintains an interest in, conceals,…
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Obtaining Warrants for Blood/Urine Tests Easier with Electronic Warrants
Pursuant to Minnesota law, DWI suspects who refuse a breath test are in violation of the state’s implied consent law which criminalizes such an act, subjecting the suspect to additional legal and administrative sanctions. Whereas once refusing to submit to a blood and/or urine test was also deemed in violation of the law, recent court […] The post Obtaining Warrants for Blood/Urine Tests Easier with Electronic Warrants appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Roberto Lerner y los espejos
Roberto Lerner y los espejos http://peru21.pe/opinion/roberto-lerner-batman-y-guason-2290955 Cuando se asume determinada posición-opinión, frente a un hecho no deberíamos andar por las ramas, la vida es compleja no por el concepto sino por el inmenso contenido que cada generación aporta a la nueva, fatalmente en los últimos mil años los aportes del bien y el mal han sido tantos que poco a poco se han confundido y en este era nadie distingue que es bueno o malo, todo radica y se resuelve en la conciencia de cada quien. Por ejemplo, si el señor Lerner tuviera la oportunidad de viajar en "Bus" y no en su cómodo automóvil, no podría ser Batman, Robin, Superman, estaría más cercano al guason, veamos: Una persona pretende descender del vehículo en el siguiente paradero faltando tres cuadras para llegar, con el tráfico por la Avenida Arequipa lo que…
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Woody on FCPA Enforcement
Karen E. Woody (Kelley School of Business, Indiana University) has posted 'Declinations with Disgorgement' in FCPA Enforcement (University of Michigan Journal of Law Reform, Forthcoming) on SSRN. Here is the abstract: This Article addresses the recent pretrial diversion scheme undertaken...
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Why Motorcyclists Are Almost 30 Times More Likely to Lose Their Lives Than Car Drivers
It’s a well-known fact that you are more likely to be killed on a motorcycle accident than a car accident. However, the statistics are staggering. We are always alarmed at the number of people killed in Georgia motorcycle accidents. In 2015, 4,976 people died in motorcycle crashes, up 8.3 percent from 4,594 the previous year according to the National Highway Traffic Safety Administration (NHTSA). Figures from the safety agency found in that year motorcyclists were 29 times more likely than the occupants of passenger cars to die in a crash per vehicle mile traveled. They were almost five times more likely to be injured. The statistics also suggest more people are riding motorcycles. The latest data from the NHTSA found there were 8.6 million private and commercial motorcycles on the highways of the United States in 2015 compared to 8 million the previous year. Georgia motorcycle accidents have a higher fatality rate than car accidents In 2015, 88,000…
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Minnesota Property Forfeiture
Earlier this month, Minnesota state auditor Rebecca Otto released the Criminal Forfeitures Report, which takes a look the amount of forfeitures police seized from citizens in the previous year. Today, we put the 2016 Criminal Forfeitures Report in the spotlight. Forfeitures in Minnesota Under Minnesota law, police can seize property they believe is associated with a criminal offense. For example, vehicles can be seized in certain DUI cases, and a wad of cash found on a drug dealer can also be confiscated. Here’s a look at what was seized during criminal investigations in 2016. 320 agencies reported a total of 7,048 forfeitures in 2016. That’s up from 6,722 in 2015. Of those 7,018 forfeitures, 4,380 involved forfeited cash, property that was sold, or an agreement that involved monetary compensation to the agency. The total value of net proceeds from these forfeitures totaled $7,426,740. The Minnesota State Patrol accounted for the most forfeitures (1,039), followed…
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Ministra de Educación debe RENUNCIAR
MARILÚ MARTENS DEBE RENUNCIAR Cuando leí el error atribuido al Ministerio de Educación confundiendo la declaración de San Martín como si la hubiera dicho Simón Bolivar, no pensé mucho, existen tantos pensamientos de ambos libertadores que de pronto era posible la confusión. Ayer noche porqué alguien publicó el yerro no pude menos que asombrarme, recordando de inmediato al Ministro de Educación en el primer mandato de Belaúnde, señor Carlos Cueto Fernandini quien fue CENSURADO por el Congreso por un problema de “Semántica”. Es inadmisible que un Ministro de Educación, alegaron los interpelantes, cometa un desliz de tal naturaleza. Si la Ministra de Educación NO renuncia y piensa que despidiendo al tonto que confundió la declaración de San Martín como si la hubiera dicho Bolivar, solucionó tamaña…
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Jared Kushner still finding time to work on sentencing reform with members of Congress
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Shorter sentences when locals on the hook for incarceration costs
In California, when counties were made to pay for juvenile incarceration instead of pawning off costs on the state, local decision makers chose to incarcerate youthful offenders for shorter periods, according to this academic paper describing the "natural experiment" that resulted from the change in policy. (Thanks to a reader for pointing it out.)Lately, Grits has been making the case that many of the most important "unfunded mandates" affecting government budgets come from local decisions for which state government must pay. This paper shows that the tuff on crime crowd gets less punitive when the costs for their rhetoric come out of their own budgets. That counties don't want to pay for incarceration should surprise no one. Heck, Texas judges don't even sentence misdemeanor defendants to jail time upon conviction, typically. As of July 1, only 3.7 percent of county jail inmates were convicted misdemeanants, while 9.1 percent were…
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