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"Beijing court sentences Ponzi scheme operators to life in prison"

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From Jurist: A Beijing intermediate court [backgrounder] sentenced two brothers to life in prison on Tuesday after ruling that the brothers' peer-to-peer lending company, Ezubao, was a Ponzi scheme. One of the brothers, Ding Ning, was founder [Reuters report] of...

"Sessions, Coats push for permanent renewal of controversial surveillance law"

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From The Hill, via NACDL news scan: The law — known as Section 702 of a 2008 package of amendments to the Foreign Intelligence Surveillance Act (FISA) — is aimed at collecting data on foreign spies, terrorists and other targets....

Prosecutors in Florida Can Still Proceed with a Violation of Probation Case Based on a Criminal Charge That Was Dropped

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When a person enters a guilty or no contest plea or is convicted in a criminal trial, the next step is normally for the judge to sentence the defendant.  A criminal sentence can involve incarceration, probation or both.  If a defendant is placed on probation, he/she is placed on probation for a number of months or years.  During that time, there are usually conditions the defendant must meet.  For instance, the defendant may have to complete community service hours, take certain classes, complete a rehabilitation program and so on.  One condition that is required among all people on probation is that he/she must not commit any new crimes. If a person violates one or more of these conditions, that person will likely be arrested and will face a violation of probation charge. There are two characteristics of a violation of probation charge in Florida that make it more difficult for defendants than regular criminal charges.  One, the case is decided by…

Smith v State - DUI vehicular homicide must include lesser included option

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Smith v. State, A17A1252, September 7, 2017. Quincy Alexander Smith was convicted of first degree vehicular homicide for causing the death of another with a blood alcohol concentration over 0.08 grams within three hours of driving.  After dropping his wife and children off at a friend's house, he was turning left into his subdivision when he turned in front of an on coming motorcycle. He appealed his conviction alleging that the Trial Court committed reversible error by failing to charge the jury on second degree homicide, a misdemeanor, based on his failure to yield as a lesser included offense of the DUI vehicular homicide. The Court of Appeals agreed, reversed and remanded for a new trial.  Because the difference between first and second degree vehicular homicide is the nature of the predicate traffic offense, second degree vehicular homicide is a lesser included offense of first degree vehicular homicide. Brown v. State, 207 Ga. App. 755, 757, 652 S.E.2d 631…

Criminal Convictions Decline Under U.S. Attorney Sessions

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U.S Attorney General Jefferson Beauregard Sessions was an intimate component of a presidential campaign built on promises—some 663 of them. The administration is at an Indy 500 pace to break most, if not all, of them.   Attorney General Sessions issued a slew of “get tough” on crime promises shortly after the President tagged the former Alabama Senator to be his attorney general. The president now concedes that that was a mistake, although not for the same reasons most rational thinking people hold.   Beauregard Sent Home to Change Clothes   Sessions, a Selma native in the pre-civil rights era, began his political career as an Assistant U.S. Attorney in Alabama. It didn’t take long for him to establish a reputation in the legal community in Mobile that he was not an intellectually or emotionally stable prosecutor. This was evidenced in the early 1980s in a U.S. District Courthouse in Mobile during the prosecution of some Colombian drug…

Potential controversy brewing after Ohio completes its second execution of 2017

¡CUESTIÓN DE CONFIANZA por "sonrisitas" MARTENS

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Un congresista  de apellido Violeta ha declarado lo siguiente: "El congresista de Peruanos por el Kambio, Gilber Violeta señaló que la PCM está ejerciendo su derecho al plantear una cuestión de confianza como un apoyo a Marilú Martens". "Llevamos 14 meses de gobierno y técnicamente tendríamos dos ministros de Educación fuera del gobierno, ¿qué mensaje significa eso para el país?¿Cuál es el compromiso con la reforma educativa y la educación pública?", cuestionó el legislador". ESTA ES MI OPINIÓN Lean bien amigos, la cuestión es por "sonrisitas" Martens NO por el Perú, resultó una especie de "genio" "sonrisitas" si la censuran  se fue al demonio la educación, así que, cómo están las cosas en el Perú -corrupción, sobre…

"How Medical Marijuana Smoothed the Transition to Marijuana Legalization in the United States"

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The title of this post is the title of this notable forthcoming article authored by Beau Kilmer and Robert MacCoun which is soon to be published in the Annual Review of Law and Social Science. Here is its abstract: Public support for legalizing marijuana use increased from 25% in 1995...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/_zjoIhPSOOo" height="1" width="1" alt=""/>

"Utah Sen. Orrin Hatch rolls a bunch of pot puns into his case to expand medical marijuana research"

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This Daily News report on a notable marijuana reform proposal put forward on Capital Hill by a notable GOP Senator captured in its headline and substance the highlight of the story: Utah Sen. Orrin Hatch didn’t spare the puns in announcing Wednesday that it was “high time” for the government...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Ka0icl_hoks" height="1" width="1" alt=""/>

Turner, et al, v. United States – A Primer on Brady Basics

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It has been said that the defense attorney is frequently the most ignorant person in the room.  The reason for this unflattering description is that s/he knows the least about what actually happened at the crime scene.  The prosecutor has an army of investigators tasked with developing as much information as possible concerning the alleged underlying offenses.  The defendant knows what happened because s/he was presumably present when the relevant events transpired.  Defense counsel is the last person to arrive on the scene and, more often than not, lacks the resources to conduct an investigation rivaling that of the prosecuting authority.  Thus, the defense attorney’s best (and frequently only) reliable source of information is the discovery received from the State or the Government.  Generally speaking, the prosecutor must turn over anything that may be exculpatory or used to obtain a conviction.  The failure to do so may violate the…

New York Man Acquitted of Double Murder and Released After 16 Years

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A White Plains man was acquitted of a 1996 double murder on Tuesday and released after 16 years in prison. Selwyn Days was convicted in 2001 of the murder of 79-year-old Archie Harris and his home health aide, Betty Ramcharan, after he falsely confessed to the crime during a lengthy interrogation by police, four years after the murders occurred. Days was tried five times for the murders. The first and third trials ended in hung juries and the second and fourth trials resulted in convictions that were later overturned. No physical evidence tied Days to the crime and detectives only recorded the final hour and fifteen minutes of his hours-long interrogation. Alibi witnesses said they saw Days in North Carolina within the time frame during which prosecutors said the murders occurred. Days’ original defense team did not pursue the alibi witnesses during his first two trials, and for the last two trials, prosecutors expanded the time frame in which they claimed the murders…

Cannabis License Meeting’s Leave Citizens in Fear

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What if I told you that a business that seems to be legal and a cure to the economic crisis in the state of Michigan was growing more vulnerable by the day? While that may seem like a stretch to many that are reading this, the first meeting of Michigan’s Medical Marijuana Licensing Board in June of this year left far more questions than answers and in all communications since the issue of medical cannabis has grown even more murky. We are left with the thought that the issue of medical cannabis can be the savior for the consistent Michigan economic crisis or it could lead to an array of criminal prosecutions. To address some of these answers, we turned to leaders in the legal community to provide insight. What they had to say was insightful but also should put cannabis dispensaries on alert. We started the research by speaking to Scott Grabel and Grabel and Associates. With offices in Lansing, Ann Arbor and Grand Rapids, Michigan, Grabel has evolved into the leader of…

Nashville Woman Accused of Shooting Homeless Man after He Asked Her to Move Her Porsche

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A woman was arrested and charged in the attempted murder of a homeless man in Nashville. Police claim the 26-year-old allegedly shot a 54-year-old homeless man Aug. 26 near Music Row. The man was critically wounded and is being treated at Vanderbilt University Medical Center. According to police, the man was trying to sleep on the sidewalk at 3 a.m. at 19th Avenue South and Chet Atkins place. He was reportedly disturbed by exhaust fumes and loud music coming from a Porsche SUV. The man said he asked the driver to move the vehicle. Police say the two began yelling at each other, and the woman allegedly got out of the car and shot the man twice before running up the street with another woman. The woman’s father released the following statement, saying his daughter fired two warning shots not meaning to hit the man. The two women were actually acting in self defense. The man was always on his feet and not asleep as someone apparently has alleged and had accosted a group of…

Leasure on the FCPA

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Peter Leasure (University of South Carolina, College of Arts and Sciences, Students) has posted Embracing Fragility in Our Data: A Cautionary Example from Research on the FCPA and Voluntary Disclosure (Cumberland Law Review Online (2017)) on SSRN. Here is the...

Saks et al. on Bitemark Identification

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Michael J. Saks, Thomas Albright, Barbara E. Bierer, Thomas L. Bohan, C. Michael Bowers, Mary A. Bush, Peter J. Bush, Arturo Casadevall, Simon A. Cole, M. Bonner Denton, Shari Seidman Diamond, Rachel Dioso-Villa, Jules Epstein, David L. Faigman, Lisa Snyder...

Can Criminal Charges Affect Your Professional License in Michigan?

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Doctors, like nurses, CPAs, police officers and teachers, are all in jeopardy of losing their licenses after an arrest.   For most people, being charged with a crime is an extremely stressful and terrifying experience. Being taken away, handcuffed, in the back of a police car just ruins your day. Spending days, and sometimes weeks or months in jail, while your case inches it’s way through the court system. Knowing that you may end up behind bars for years, and in some cases decades.   All of it is a form of torment that no one is prepared for when it happens. For many people, there are “collateral consequences” that result from criminal convictions. These collateral consequences in Michigan range from possible deportation, possible loss of driving privileges, loss of gun rights, registration on a sex offender registry and so on. But wait; there’s more. For people in certain professions, these unpleasant side effects are only part of the horror…

Boating Under the Influence and Probable Cause

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Here's some good news out of Iowa: it appears that incidents involving people boating under the influence of alcohol are on the decline. From this KCRG report:A total of 78 full time Iowa Department of Natural Resources conservation officers cover Iowa's 99 counties. This summer those officers did get the help from 29 seasonal water patrol officers but that still means full timers have multiple counties under their care. And when you consider around 500 boats may be out on a typical holiday weekend just at Coralville Reservoir alone, catching someone boating under the influence can be a challenge. . . . "If a state trooper or deputy officer in the cities, they know 'okay they're going across the lines.' There's no lines on the water. There's no evidence left other than the wake," said [Iowa Department of Natural Resources conservation officer, Eric] Wright.By late July at Coralville Reservoir only three people had been arrested…

"DOJ declines to pursue criminal charges against officers over Freddie Gray death"

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From Jurist: The US Department of Justice (DOJ) [official website] announced [press release] on Tuesday that it will be not pursue charges against the six Baltimore police officers for the death of Freddie Gray, finding there was insufficient evidence prove...

"Lawmakers Want Limits on Wiretaps Despite Trump Administration Objections"

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From The New York Times: A bipartisan bloc of House Judiciary Committee leaders have agreed to demand new limits on the National Security Agency’s warrantless surveillance program as a condition of temporarily extending its authorization, setting up a fight with...

New York city hospital firm pays $4 million for alleged Stark Law violations

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On September 13, the Department of Justice announced that New York city-based MediSys Health Network, Inc., has agreed to settle a whistleblower’s suit alleging Stark Law violations for $4 million. According to DOJ’s press release: MediSys Health Network Inc., which owns and operates Jamaica Hospital Medical Center and Flushing Hospital and Medical Center, two hospitals in Queens, New York, has agreed to pay $4 million to settle allegations that it violated the False Claims Act by engaging in improper financial relationships with referring physicians, the Justice Department announced today. The settlement resolves allegations that the defendants submitted false claims to the Medicare program for services rendered to patients referred by physicians with whom the defendants had improper financial relationships. These relationships took the form of compensation and office lease arrangements that did not comply with the requirements of the Stark Law, which restricts the…
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