Plaintiffs were involved in a domestic dispute outside their trailer that had started to cool down, or so they said. One wanted to go into the house to retrieve shoes, but the officer insisted on following to be sure there … Continue reading →
CA10: Not clearly established that even minimal force can be used to resist alleged unlawful search
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Roach on Correcting Miscarriages of Justice
Kent Roach (University of Toronto - Faculty of Law) has posted Exceptional Procedures to Correct Miscarriages of Justice in Common Law Systems on SSRN. Here is the abstract: This paper examines exceptional procedures to correct miscarriages of justice in the...
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Morris Plains Man Nearly Crashes into Police Cars In DWI
A man who was awakened while sleeping in his car in the middle of Franklin Road in Denville launched into a small-scale traffic chase and nearly took out several police cars in the process. According to media accounts, 39-year-old Kevin Deegan was spotted by an ambulance driver who called police to report that a vehicle was stopped in the roadway and that the driver was asleep behind the wheel. When the ambulance driver went to check on him, Deegan woke up and drove off in the oncoming traffic lane, nearly colliding with a mailbox and other vehicles. As police cars headed toward the scene, Deegan nearly struck them as well. Police were finally able to stop Deegan, and found an open vodka bottle, partly consumed, in the car. An empty bottle was also found. Police administered field sobriety tests, which Deegan was not able to satisfactorily complete. He was arrested at the scene and has been charged with DWI, reckless driving, failure to maintain lane, improper turning,…
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Drunk New Jersey Motorcyclist Sues Bars, Even Though DWI Charge Dismissed
A New Jersey man whose DWI was mishandled by police and thrown out in court is suing the bars that served him before he was injured in a drunken motorcycle crash. If it sounds like a strange story, it is. According to the New York Post, Antonio Salomon-Merlino of Carlstadt, New Jersey, spent a late night in July 2015 drinking at two bars. The first, Oh! Calamares in Kearny, served him $300 worth of tequila and Pisco sours all evening, before he drove his motorcycle to Hector’s Sports Bar in Clifton, where he continued to drink until nearly 3:00 in the morning. He finally left to head to a friend’s house to sleep it off, but around 3:15, he crashed his 2009 Suzuki motorcycle on Outwater Lane in Lodi, sustaining significant injuries to his leg. Salomon-Merlino was transported to a hospital and charged with DWI, but his blood alcohol level wasn’t tested for nearly five hours. At that point, the test result came back as .078, just a hair below the .08% threshold.…
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Reactions to Cory Booker's Marijuana Justice Act
Senator Cory Booker (D NJ) has introduced a proposal to repeal the federal marijuana ban. In a nutshell, Booker’s Marijuana Justice Act (MJA) would exempt marijuana from the Controlled Substances Act. I believe Booker’s proposal is incomplete (and therefore, both unwise and politically unpalatable) because it fails to offer any...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/ppFWDM1VGRw" height="1" width="1" alt=""/>
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Split DC Circuit finds unconstitutionally excessive 30-year mandatory minimum sentences for Blackwater contractors who killed Iraqis
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تداول في الفوركس
This free Forex scaled down course is intended to show you the nuts and bolts of the Forex market and Forex exchanging a non-exhausting way. I know you can discover this data somewhere else on the web, yet let's be honest; a large portion of it is scattered and truly dry to peruse. I will attempt to make this instructional exercise as fun as conceivable so you can find out about Forex exchanging and have a decent time doing it. Endless supply of this course you will have a strong comprehension of the Forex market and Forex exchanging, and you will then be prepared to advance to adapting certifiable Forex exchanging methodologies. What is the Forex showcase? • What is Forex? – The nuts and bolts… Fundamentally, the Forex showcase is the place banks, organizations, governments, speculators and brokers come to trade and conjecture on monetary forms. The Forex advertise is additionally alluded to as the 'Fx showcase', 'Money…
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Meyer on Hall v. Florida
Chance Meyer (Nova Southeastern University, Shepard Broad College of Law) has posted The Newly Informed Decency of Death: Hall V. Florida Endorses the Marshall Hypothesis in Eighth Amendment Review of the Death Penalty (Stetson Law Review, Vol. 45, No. 2,...
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DID YOU HAVE A RIGHT TO BE THERE? BURGLARY IN ILLINOIS
Suppose you were visiting a public building. You had business in the building and had every right to be there. But while there, you entered an office marked “private,” and stole some cash off a desk. Does that make you a burglar? In Illinois, the answer is yes. You commit burglary when you enter a building or any part of that building without authority and with the intent to commit a felony or theft. According to Illinois case law, you still entered the office without authority even though you had a right to enter the building itself. The private area need not have a door so long as the space is off limits. The fact you didn’t know part of the building was off limits may not matter. Illinois courts have held that when a person enters part of a building “with the intent to commit a theft or felony, that person enters that part without authority, regardless of whether that part of the building is normally held open to the public and regardless of…
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Art forger arrested again for selling fake Damien Hirst prints
An art forger previously convicted of selling knock-off paintings was arrested again on June 14 just over two weeks after being released from prison on similar charges. He was indicted on 11 counts in New York State Supreme Court in Manhattan. Authorities accused Vincent Lopreto, 52, of selling around $400,000 worth of counterfeit Damien Hirst prints between October 2015 and February 2017. His two accomplices — Marc Saverino, 34, and Paul Motta, 50 — marketed Lopreto’s fraudulent prints online as authentic, limited-edition originals by the renowned British artist. They also offered buyers phony certificates of authenticity. The bogus prints were sold in the $3,000 to $5,000 range. However, Hirst’s well-known “Mickey” canvas painting was consistently priced at around $14,000. The works were sold to Manhattan residents and international buyers from Taiwan, Germany, South Africa, South Korea and Britain. Two of the art sales were made to an…
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Wedding Photographer wins $1.1 Million in Jury Trial
A wedding photographer from Dallas was awarded over $1 million in damages against an irritated married couple who started a spiteful social media campaign that ruined her business. The jury found in a 10-2 verdict that Neely and Andrew Moldovan knowingly published false statements about photographer Andrea Polito that harmed her business. They awarded Polito $880,000 in damages for injury to her reputation, mental anguish, and lost profits, and $200,000 in punitive damages for making false statements to intentionally harm Polito. Polito sued the Moldovans' in 2015 after photographing their wedding in 2014. The disagreement centered around the Moldovans' objection to the signed contract stating that they must pay $125 for their photo album before Polito would turn over the high resolution photographs of the rehearsal dinner and wedding. In 2014, the couple was upset about not receiving the images promptly, so they decided to turn to local news outlets. They…
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Competing narratives, reentry, girl scouts, when prosecutors bully the defense bar, and other stories
Here are a few odds and ends for readers' perusal while your correspondent is focused elsewhere: Texas is moving 1,000 prisoners out of the Pack Unit into air conditioned facilities. In addition, regular readers will recall, the water there is tainted with arsenic. Shouldn't the state simply close the unit now?An Austin Girl Scout troupe is centered on taking girls to visit their mothers in prison.Dallas Judge Rick Magnis is retiring, but the case of Ben Spencer, a man he believes was falsely convicted in his court, remains unresolved.When prosecutors bully defense lawyers: San Antonio edition.Sanctuary cities legislation causing confusion for police departments.Good trial lawyering has always been about storytelling, so Grits is less shocked by defense lawyers adopting nonfiction narrative approaches than our friends at the prosecutors' association, who tweeted that link in horror at being asked to justify the economic costs of prosecutorial…
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Santa Rosa CHP Saw an Increase in DUI Arrests Prior to Summer
The Santa Rosa Area California Highway Patrol arrested 16 DUI suspects on the weekend from June 9-11, 2017. That is the weekend traditionally marking the beginning of the summer driving season. Over the winter and in the spring the CHP reports that they usually arrest 10-15 drunk driving suspects per weekend but that the number of arrests increases to 15-20 per weekend during the summer. Sonoma County drivers face an estimated $10,000.00 in expenses for a first DUI. A conviction for DUI with injury, where someone other than the driver was injured, results in a one year driver license suspension. Court fines and costs can be more than $2,000.00 and drivers must also pay for attendance at a driving under the influence program and increased insurance premiums. If you are arrested for drunk driving, or if you get a traffic ticket in Sebastopol, Petaluma, San Rafael, Santa Rosa, or anywhere in the Bay Area call an experienced aggressive DUI defense…
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Husak on Drug Proscriptions as Proxy Crimes
Douglas Husak (Rutgers, The State University of New Jersey - Department of Philosophy) has posted Drug Proscriptions As Proxy Crimes on SSRN. Here is the abstract: Our drug policy has been widely deemed a failure because the criminalization of drug...
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Happy 75th Birthday To Cleon Jones
“Come on down, baby. Come on down.”As my wife and daughters well know, if we ever had a boy, he would likely have been named Cleon, for Cleon Jones.In 1969, the year of the Miracle Mets, Cleon batted .340, good for third place in the National League behind Pete Rose and Roberto Clemente. No Met hitter had ever joined such illustrious company before. Cleon led the team that year in on-base percentage, slugging, hits, doubles, stolen bases and walks. He also was the starting left fielder for the National League in the All Star game, getting two hits and scoring a couple of runs. And, when the Orioles' second basemen (and future Met manager) Davey Johnson hit a fly ball to left field with two outs in the ninth inning of Game #5 of the World Series (with the Mets up 3 games to 1) he commanded the ball to "come on down, baby, come on down." And indeed it did. An indelible image for…
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Friday Open Thread
Sorry for the lack of posting. I've been too busy with work to read the news. I hope to catch up this weekend. This is an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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DEA Wants to Cut Production of Painkillers
The DEA wants to replace your doctor. The U.S. Drug Enforcement Administration (DEA) on Friday proposed a 20 percent reduction in the manufacture of certain commonly prescribed opioid painkillers as well as other controlled substances for next... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Week of July 31 - August 4, 2017
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SCOTUSBlog: Symposium: Carpenter and the eyewitness rule
SCOTUSBlog: Symposium: Carpenter and the eyewitness rule by Orin Kerr: One of the most basic ideas in Fourth Amendment law is what you might call the eyewitness rule: The government can always talk to eyewitnesses. If the police find out … Continue reading →
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Kentucky judge rules death penalty unconstitutional for all offenders under 21 years old
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