A couple of congressional primary elections were held yesterday.Alabama held a primary to fill the remaining two years of Jeff Sessions' Senate term. Senator and former AG Luther Strange, appointed to fill the seat until the election, finished second with 32.8% of the vote. Former Chief Justice Roy "We Don't Need No Stinking Establishment Clause" Moore finished first with 38.9%. Alabama has runoffs for primaries, so they will go "heads up" on September 26.How will the voters who voted for other candidates divide in the runoff, if they show up at all? I'm inclined to think they will break for Senator Strange in a large enough proportion to make up for his 6-point lag. I hope so. We don't need any more loose cannons in the Senate. The general election is December 12. The Dems have chosen former U.S. Attorney Doug Jones as their candidate.Utah held a primary in the race to fill the vacant seat…
Primary Notes
↧
↧
News Scan
MS-13 Bust in Ohio & Indiana: On Tuesday, Federal agents arrested ten members of the "Columbus Clique," a branch of the brutal MS-13 gang. Travis Fedschun of Fox News reports that three other members of the gang were arrested in Indiana and agents are looking for two others. All of the suspects have been indicted for extortion, money laundering and illegal firearms charges. The Justice Department estimates that there are 10,000 MS-13 members spread across 40 states, engaging in extortion of immigrant businesses, sex trafficking, and the machete and baseball-bat murders of teens, children and pregnant woman. The President has tasked federal law enforcement with taking down the Salvadorian-based gang. ABA: Allow Illegals to Practice Law: The American Bar Association House of Delegates passed a resolution Monday directing Congress to allow "undocumented" immigrants to practice law in the U.S. Alberto…
↧
Your Right to Speak With a Lawyer After You Are Arrested: What You Need to Know.
Under section 10(b) of the Canadian Charter of Rights and Freedoms, everyone who has been arrested by the police on a criminal charge has the “right to retain and instruct counsel without delay and to be informed of that right”. Police have to tell you that you can speak to a lawyer – but do […] The post Your Right to Speak With a Lawyer After You Are Arrested: What You Need to Know. appeared first on Daniel Brown Law LLP.
↧
Maryland State Trooper Arrested for DUI After Accident in Cecil County Maryland
Maryland State Trooper, Tanner Leroy Nickerson, was arrested on Sunday, August 13th 2017 at 9:02 p.m. for driving under the influence of alcohol, driving while impaired and four other related traffic offenses. Court records indicate that Nickerson was operating a 2013 Chevy Tahoe when the accident occurred Northbound at 291 N. Bohemia Avenue in Cecil County Maryland. The State Police have said the Chevy Tahoe is a State Police issued vehicle. Maryland Trooper Charged with DUI and DWI Google map indicating the area of the accident and arrest of Trp. Nickerson Google street view of the arrest location in Cecil County, MD The Maryland State Police and local media announced that Nickerson had been arrested for drunk driving in Cecil County Maryland. The Maryland State have identified the driver as Trooper first class Tanner Nickerson, a six-year veteran of the force. Reports indicate that the trooper rear-ended another vehicle while driving an off-duty state police vehicle,…
↧
DC sniper Lee Malvo loses one bid for Miller resentencing in Maryland state courts
↧
↧
The state of Kratom
On August 25th, 2016, the DEA administer, Chuck Rosenberg, released a document announcing the agency would temporarily be placing Mitragyna speciose, commonly called Kratom, and its two primary chemicals, mitragynine and 7-hydroxymitragynine, on the Schedule I list of the 1970 Controlled Substance Act as of September 30th, 2016.[1] The DEA announced its decision after citing health and safety concerns relating to the opioid-like drug. The decision of the DEA comes two months after a report was released by the CDC citing an upswing in poison control calls with 660 reports relating to the plant between 2010 and 2015. What is Kratom? Mitragyna speciose otherwise known as Kratom is a deciduous and evergreen tree in the coffee family native to southeast Asia, Thailand, and Malaysia[2]. Kratom contains opioid like compounds mitragynine and 7-hydroxymitragynine which act upon opioid receptors much like morphine. Continue reading
↧
Lessons From the Courtroom
Malcolm Gladwell wrote a great book titled Outliers. The book covered the careers of The Beatles , Bill Gates , and others. The premise of the book is that one does not become an expert until they do something over 10,000 hours. After 22 years of practicing criminal defense law, I still learn something new each week. Here are three lessons from the courtroom from Sumner County General Sessions Court last week; File motions. The charge was child abuse. One of the elements was that the neglect adversely affected the child's health and welfare. No proof was stated in the arrest affidavit. I filed a motion to dismiss based on a lack of evidence of any real harm. The motion caused the assistant district attorney to look more closely to the case. The case was retired for 90 days on condition of attending a parenting class. Never agree to be interviewed by the police without a lawyer. The Sixth Amendment of the U.S. Constitution sets forth one of the fundamental rights of…
↧
De Sa & Amarshi on Impeachment by Illegally Seized Evidence in Canada
Christopher De Sa and Hafeez S Amarshi (Public Prosecution Service of Canada and Public Prosecution Service of Canada) have posted Reconsidering Calder: Re-Evaluating the Rule of Absolute Exclusion in the Context of Real Evidence on SSRN. Here is the abstract:...
↧
Washington Court Finds Falling from a Parked Vehicle Is Not a Motor Vehicle Accident
Washington automobile insurers must offer personal injury protection coverage (PIP). PIP benefits may cover medical expenses, lost wages, funeral expenses, and loss of services. Washington car accident attorneys know that it is not always clear whether an incident resulting in injuries gives rise to a PIP claim. In a recent case, a Washington appeals court determined whether an insured person could receive PIP benefits for injuries he suffered when he fell out of a parked vehicle. The plaintiff felt nauseated while he was driving with his son. He turned onto a side street and pulled over. He put the vehicle in park but left it running. He unbuckled his seatbelt and leaned out the window to be sick. As he was leaning out the window, he passed out and fell forward. He received significant injuries when he struck his head on the pavement. His head and upper body had fallen outside the vehicle, but his legs and feet were near…
↧
↧
Family Law Lawyer Creates Fake Accounts for Opposing Counsel
Two busy family law lawyers in Illinois, Michelle Mosby-Scott and Drew R. Quitschau spent hours sparring in court as opposing counsel on dozens of cases. However, their professional relationship became complicated, even sinister, when Ms. Mosby-Scott learned her colleague had set up a false Match.com account in her name, describing her as separated from her spouse, an agnostic, and a fan of grocery stores, all restaurants, the Pizza Ranch, and buffets. Ms. Mosby-Scott obtained a court order compelling Match.com to provide her with the details of the IP address related to the fake account, which led to Mr. Quitschau’s doorstep. He had also downloaded photos from Ms. Mosby-Scott’s law firm website and added them to her Match.com account. But he didn’t stop there. He created false accounts in her name with the Obesity Action Coalition, Pig International, Auto Trader, Diabetic Living, and Facebook, not to mention posting negative reviews of her legal skills on…
↧
Washington Gov and state AG respond forcefully to letter from AG Sessions about marijuana reform concerns
As noted in this prior post, a few weeks ago US Attorney General Jeff Sessions sent letters to the leaders of states with recreational marijuana laws detailing troublesome data that, in the words of these letters, raised "serious questions about the efficacy of marijuana 'regulatory structures'." An example of one...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Dfi2VQLRStM" height="1" width="1" alt=""/>
↧
Oberg on EU Criminal Law
Jacob Öberg (Örebro University) has posted Limits to EU Powers: A Case Study of EU Regulatory Criminal Law- Chapter 1 (author's version) (Hart Publishing (Hart Studies in European Criminal Law) 2017) on SSRN. Here is the abstract: Pursuant to the...
↧
Marsavelski & Braithwaite on The Best Way to Rob a Bank
Aleksandar Marsavelski and John Bradford Braithwaite (University of Zagreb - Faculty of Law and Australian National University (ANU) - Research School of Social Sciences (RSSS)) have posted The Best Way to Rob a Bank on SSRN. Here is the abstract:...
↧
↧
What is Deferred Adjudication in Texas?
What is Deferred Adjudication in Texas? Deferred adjudication in Texas is an alternative to jail or prison time and is a form of community supervision (probation) that is allowed under Code of Criminal Procedure 42A.101 through 42A.111. The most important difference between deferred adjudication and “straight probation” is that deferred adjudication avoids a conviction for most purposes while straight probation is considered a conviction. Can a person get deferred adjudication from a jury? No. A person cannot get deferred adjudication from a jury. The deferment must happen before a person is found guilty. As a result, only a judge can place a person on deferred adjudication. In order to do so, the person must plead guilty, and the judge will accept their plea without finding them guilty thereby placing the person on deferred adjudication for period of time. How long does Deferred Adjudication stay on your record? If you successfully complete deferred…
↧
What is Deferred Adjudication in Texas?
What is Deferred Adjudication in Texas? Deferred adjudication in Texas is an alternative to jail or prison time and is a form of community supervision (probation) that is allowed under Code of Criminal Procedure 42A.101 through 42A.111. The most important difference between deferred adjudication and “straight probation” is that deferred adjudication avoids a conviction for most purposes while straight probation is considered a conviction. Can a person get deferred adjudication from a jury? No. A person cannot get deferred adjudication from a jury. The deferment must happen before a person is found guilty. As a result, only a judge can place a person on deferred adjudication. In order to do so, the person must plead guilty, and the judge will accept their plea without finding them guilty thereby placing the person on deferred adjudication for period of time. How long does Deferred Adjudication stay on your record? If you successfully complete deferred…
↧
Police groups supportive, but prosecutor objects, to new Oregon law shifting drug possession offenses down from felony to misdemeanor
↧
Can polygraph test results be used in your favor?
Most readers would agree that family life, in general, can get very messy at times. In fact, the face of family life in America has vastly changed through recent decades. It's no longer a given that households contain married mothers and fathers, with a mother staying home to raise children and a father going out to work every day. You might live in a single-parent home or one you share with your child's other parent while unmarried. What poses a problem for your family may be completely irrelevant to another. For most families, however, unresolved problems can turn into a disaster, especially if those involved happen to be navigating child custody or some other type of family law proceedings. If you're preparing to face off in court regarding a child custody situation, or your child's other parent has accused you of domestic violence, there may come a time when you are asked to take a test to see if you're telling the truth. Should you…
↧
↧
"Why a Drug Policy Organization Needs to Speak Out Against White Supremacy"
The title of this post is the title of this notable and provocative little commentary authored by Megan Farrington, who is the director of digital communications for the Drug Policy Alliance. Here is what Megan has to say: The drug war is a tool of racial oppression. We see this...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/ER_k8ccM8sU" height="1" width="1" alt=""/>
↧
What is a Pre-Sentence Report?
A pre-sentence report is provided to a court before the sentencing of someone who has offended criminal rights. These reports are prepared by probation officers between a person’s conviction and the date that is set for sentencing. The purpose of these reports is to be used by judges in cases involving felonies. The reports are the result of interviews conducted by probation officers and review of a person’s criminal record. To make your pre-sentence report as strong as possible, retain the assistance of an experienced criminal defense lawyer. The Elements of a Pre-Sentence Interviews Pre-sentence interviews are comprehensive and gather a great deal of information. A law enforcement officer will likely inquire about a person’s education, employment history, financial status, health, military record, past and present alcohol/drug use, personal and family history, prior criminal record, reason for committing the crime, and version of how the events in questions…
↧
"Do Criminal Defendants Have Web Rights?"
↧
More Pages to Explore .....
