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The Hill: Digital privacy bill still abandons probable cause for our papers

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The Hill: Digital privacy bill still abandons probable cause for our papers by Mark J. Fitzgibbons

Conviction Integrity Units a Texas innovation gone national

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Without a doubt, creation of the nation's first Conviction Integrity Unit (CIU) at a District Attorney's office was the most important legacy of former Dallas DA Craig Watkins' brief but eventful career as a Texas prosecutor. Check out a feature in The Atlantic praising the CIU in Philadelphia. This was a Texas innovation which has been mimicked far beyond our borders:Today there are about 30 units, largely clustered in the Northeast, California, and Texas, according to Hollway. Roughly half were created after 2013, and their track records vary: Since the Philadelphia unit was created in 2014, Thomas’s case is the first and only one it’s thrown out. By contrast some of the most robust—such as those in Dallas, Houston, and Brooklyn—have thrown out dozens.Conviction Integrity Units in Texas have mostly usurped the old model of innocence clinics at law schools, which are these days responsible for a tiny fraction of the total discovered…

Should Canadian Judges Wearing “Trump” Attire be Disciplined?

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Is discipline in order for an Ontario judge who went shopping wearing a “Make American Great Again” t-shirt? What about a judge sitting in court the day after the American election wearing a baseball cap with the same logo? Local resident Lorne Warwick was also shopping when he saw Justice Toni Skarica, of Ontario’s Superior Court, with the allegedly offensive t-shirt, describing his attire as “shocking” and a “flagrant display” of support for a politician who openly discriminated against Mexicans and Muslims. Mr. Warwick complained to the Canadian Judicial Council, suggesting that Judge Skarica’s fashion choice represented a breach of impartiality rules for judges. In a letter dismissing Mr. Warwick’s complaint the Canadian Judicial Council referred to his concerns that President Trump was a serial liar, racist, and demagogue and that Judge Skarica’s “embrace” of such a man rendered him unfit to be an…

Prison Guard and Teacher Face Sex Crime Charges

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When a sex crime occurs, oftentimes it involves one party using their position, power or age to take advantage of the another person, and that’s exactly what happened with two sex crimes that just took place in Minnesota. We’re going to take a closer look at both of them today. Choir Teacher Caught With Student The first incident involves a teacher and a student in the West St. Paul area. Police say that 31-year-old Christine Lee Funk, a choir teacher at Henry Sibley High School, had a sexual relationship with a 17-year-old student. According to the police report, officers interviewed the teen and looked through his cell phone after being tipped off to a possible sexual relationship with a teacher. The student initially denied having sex with his teacher, but after sexual photos were found on his phone, he admitted to having sex with her on three occasions. When confronted with the evidence, Funk initially told police that the racy messages were a…

Retroactive Win

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THE WRIGHT LAW GROUP WINS A SUPREME COURT VICTORY FOR HOA CASES IN NEVADA In an important  Nevada Supreme Court decision issued on July 27, 2017, the Court handed down a powerful decision concerning the retroactivity of their previous decision in SFR Investments Pool 1, LLC v. U.S. Bank N.A. (2014). The new case is captioned K&P Homes v. Christiana Trust and veteran trial attorney John Henry Wright, Esq. of The Wright Law Group P.C. secured  a  another win for HOA foreclosure investors in the state of Nevada. This victory materialized when the Supreme Court held that SFR Investments applies retroactively to all foreclosures since NRS 116’s inception . You can read the whole opinion at the Supreme Court of Nevada site HERE. In K&P Homes , the Nevada Supreme Court answered the certified question from United States District Court for the District of Nevada that asked “Does the rule of [ SFR Investments] that foreclosures under NRS 116.3116…

Turner on Regulating Interrogations and Excluding Confessions

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Jenia Iontcheva Turner (Southern Methodist University - Dedman School of Law) has posted Regulating Interrogations and Excluding Confessions in the United States: Balancing Individual Rights and the Search for Truth (Securing a Fair Trial Through Exclusionary Rules? A Comparative Perspective...

**Update** Lanes open - Crash on Highway 25 west of Paul blocking traffic.

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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: 8/1/2017 - 3:00 p.m. Please direct questions to the District Office ***UPDATE*** The crash scene has been cleared and both lanes of Highway 25 have reopened to normal traffic. Details of the crash are still being investigated and will be released when they are available. 3318 *** *** *** *** *** *** *** ** Idaho State Police and the Minidoka County Sheriff's Office are currently investigating a two vehicle crash on State Highway 25 near milepost 40, about 5 miles west of Paul. Both lanes of the highway are currently blocked. More information will be released when it is available. 3318 -------------

5 Facts about Spinal Cord Injuries

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Spinal cord injuries are sustained in a variety of accidents such as falls, motor vehicle crashes and sports accidents. Spinal cord injuries can leave the accident victim with injuries that are not fully treatable. Spinal cord injuries are caused by damage to the spinal column (vertebrae, ligaments or disks) or the spinal cord. With this sort of injury, it is important to keep the long-term in mind. If you or a loved one has suffered a spinal cord injury, you need to be sure you are compensated for all future losses. These include future medical treatment, future care, and future loss in earnings. It is also important that you fully understand your injury so that you understand how it will affect you long-term. Consider five facts about spinal cord injuries. Your ability to control your body after the injury is based on where your spinal cord is injured. Spinal cord injuries can result in complete or incomplete loss of function. A complete…

Donald Trump Condones Police Misconduct

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The Wall St Journal reports (free link via the Capitol Journal)Donald Trump told a gathering of police officers: “When you see these thugs being thrown into the back of a paddy wagon—you just see them thrown in, rough—I said,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

New Jersey Woman Receives $140K Settlement Following MRSA-Inducing Urine Test

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A New Jersey resident allegedly contracted MRSA after being forced to take a urine sample following her 2012 DUI arrest. She recently received $140,000 to settle her ensuing lawsuit against Ocean City, two police officers, Shore Medical Center, and two nurses. The case alleged illegal search and seizure, due process violations, malicious prosecution, negligence, conspiracy, excessive force, assault, informed consent, and battery. In the lawsuit, filed in New Jersey United District Court in July 2014, she claimed she was infected with the antibiotic and bacteria-resistant Staphylococcus aureus in July 2012 after being pulled over for DUI. She claimed that during her arrest, an Ocean City police officer attempted to administer several field sobriety tests. The driver claimed that she fell asleep in the car on the way to the police station, and the officer did not detect any odor of alcohol on her during the investigation or the ride to the police station. The driver explained…

New Law Enables Texans to Seal DUI Records

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Texas residents with DUI records might soon be able to seal their records. House Bill 3016, also known as the “second-chance” bill, will allow many first-time, low-level offenders to keep their criminal records from being made public. This makes it easier for people to apply for jobs if they have low-level offenses on their records and have shown that they are unlikely to reoffend. In addition to DUI defendants, the bill protects people convicted of some felonies involving small amounts of marijuana. Eligible individuals can petition the court for orders of nondisclosure, and the bill alters some waiting periods. If the offense was a misdemeanor punishable only by a fine, the petitioner may request an order of nondisclosure immediately upon the date their sentence is completed. If the misdemeanor was not punishable by a fine only, however, they must wait until the second anniversary of the date of the completion of their sentence to petition the court. In May, the…

DHS to "Waive Laws" for Border Wall at San Diego

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The Department of Homeland Security issued a press release today stating it is "waiving" the law to start building sections of Donald Trump's "border wall" in San Diego. The Department of Homeland Security has issued a waiver to waive certain... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Sentencing in a Los Angeles Criminal Case

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There are two ways to be convicted of a criminal offense in Los Angeles. You are not automatically convicted when you are arrested or when you are charged. In order to be convicted, you must have entered a plea of guilty voluntarily before the Court, or have been found guilty by a jury or Judge in trial. Once you have been convicted, the Court will issue a sentence that is appropriate with your offense. Most statutes that authorize the Court to charge you with a specific offense, will also specify a range of sentencing for that offense. There is a range because no two cases are the same, and each set of facts and each person’s background will yield a different sentence. This is beneficial to a person because that means there is a plenty of room for negotiation. This is why a Los Angeles Criminal Defense attorney is of the highest benefit to a person who is facing criminal charges. An experienced attorney will know the Judges well, the courthouse procedures, as well as the…

The Importance of Winning Over an Angry Los Angeles Hit and Run Victim

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Oftentimes in a Los Angeles Hit and Run there will be a person who has been negatively impacted by a person’s alleged actions. It may be someone that has been injured or that someone’s property has been injured. Either way, they may seek some restitution and for amends to be made. It is extremely important that this alleged victim of a hit and run be addressed as soon as possible. A Los Angeles Hit and Run lawyer has over thirty years of experience handling alleged victims, and addressing their concerns at the very beginning of a case. This helps mitigate possible consequences early on, and can even lead to dismissal. To understand how an attorney can help calm down an angry victim lets walk through an example. Donnie is driving home from a work happy hour. He lives outside of the city and it is a particularly snowy day. The roads are slick and he cannot see too far ahead of him. As he is driving home at night, his car slides, and he hits a parked car in front of a…

How a Los Angeles Criminal Defense Attorney Can Be Crucial to your Criminal Case

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There is a process to the criminal court. A person is not automatically found guilty of a crime and sentenced. There are many hurdles and protections given to each and every person through the United States Constitution so that their rights are protected. When a person has been arrested, they are arrested based upon the officer’s observations and Judgment. This does not mean that a person has been charged. The officer will prepare a report that essentially states the reasons they believe a person should have been arrested. They must also state the reasonable cause they had to make the arrest in the first place. Once this has been completed, the officer will give their evidence and report to the Prosecutor’s office. The Prosecutor’s office is aware of the elements that they must provide beyond a reasonable doubt in order to find someone guilty of the offense they have been charged with. For example, for a person to be found guilty of driving under the influence…

"Border Agents Test Facial Scans to Track Those Overstaying Visas"

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From The New York Times. In part: Both Democratic and Republican administrations have long viewed a biometric exit system as preferable to paper documents to ensure border security, but for years the technology to collect that information was slow to...

Do I Need to Hire an Attorney if I Plan to Plead Guilty?

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The post Do I Need to Hire an Attorney if I Plan to Plead Guilty? appeared first on Gregory & Waldo 702-830-7925. Well, now you think they’ve got you dead to rights. There’s no way out of the mess you’re in, and pleading guilty seems to be your only recourse. If that’s the case, do you really need an attorney? The answer is a definite yes. Regardless of the charges you are currently facing, we believe strongly that you should never admit to guilt without first obtaining legal advice. Here are the biggest reasons why. 1. When all is said and done, pleading guilty could turn out to have been a huge mistake. You may not think so now, but you could have a viable defense. A careful investigation of your case and a thorough review of the evidence could turn up options that you have failed to consider. For instance, if a member of law enforcement arrested you without probable cause, any evidence found against you during the capture could be inadmissible.…

Bowie Man Sentenced In Federal Robbery Case

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A federal judge recently sentenced a 24-year old Prince George’s County man to 16 years in prison after he pled guilty to a botched robbery that occurred back in September. The young man from Bowie was convicted of commercial robbery and brandishing and discharging a firearm during a crime of violence, which carries a mandatory minimum jail term. This means the defendant will not be eligible for parole for at least 5 years, and he will be on supervised probation when he does get released. The robbery took place at the University of Maryland University College Inn and Conference center located in Adelphi, just outside of College Park. The plea agreement described a frantic few minutes that began with the armed defendant approaching a security guard at the inn and stating he was on the premises to make a delivery. As the two men walked toward the loading dock the defendant grabbed the security guard and a struggle ensued. During the struggle the defendant’s gun was…

"False memories and false confessions: the psychology of imagined crimes"

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From Wired, via the NACDL news scan: In 1995 - the year Franklin's case ended - Loftus tested out her theory experimentally. Working with graduate student Jacqueline Pickrell, she recruited 24 participants and gave each of them booklets containing details...

The Most Important Way to Prevent Probable Cause for Arrest

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You cannot be arrested solely for a non-criminal traffic violation in Mesa, AZ. However, that changes if you fail to stop or try to elude police when you are signaled to pull over. Failure to stop violates Arizona’s unlawful flight laws. The most important thing you can do when you realize police are signaling you to stop, is to pull over safely and promptly. Continue reading
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