Does anyone not hate the proposed Republican health care bill? Major insurance companies joined the opposition to the bill today. The two major trade groups for insurers, the Blue Cross Blue Shield Association and America’s Health Insurance... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Insurers Balk at Republican Health Care Plan
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Picinali on Punishment Theories and Binary Verdicts
Federico Picinali (London School of Economics & Political Science (LSE)) has posted Do Theories of Punishment Necessarily Deliver a Binary System of Verdicts? An Exploratory Essay ((2017) Criminal Law and Philosophy (OPEN ACCESS) DOI 10.1007/s11572-017-9440-y) on SSRN. Here is the...
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Court clarifies Mathis is not a new rule
The Court today denied a defendant's right to file a second or successive 28 U.S.C. section 2255 petition, confirming that the Supreme Court's decision in Mathis v. United States, 136 S. Ct.2243 (2016) did not create a new rule of law, but rather, was compelled by over 25 years of prior precedent. The Court further found that United States v. Hinkle, 832 F.3d 569 (5th Cir. 2016) did not support any successive filing, as it was not Supreme Court precedent made explicitly retroactive.Today's ruling in In re Conzelmann can be found here.
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A View to a Wrongful Arrest
In the James Bond as 007 movie A View to a Kill, Christopher Walken plays the evil villain Max Zorin who poses as a wealthy race horse breeder. Playing the part of James Bond, Roger Moore drops into Zorin’s palatial estate under the guise of securing a horse for breeding. Bond’s disguise is that of a James St. John Smythe. Smythe sits down across the desk from Zorin and his face is analyzed by a secret camera which discovers Smythe is really 007, licensed to kill. In 1986 this technology was pure science fiction; today facial recognition is science fact. The new Apple Face ID program initiates every time you glance at your new IPhone X. The top of the line new iPhone contains an infra-red camera, a flood illuminator, a proximity sensor, an ambient light sensor, a microphone, a front camera, and a dot projector which all collect and store your personal information in your phone. The process begins with what they call a flood illuminator that lights up your face. Even…
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Lawyer Prepare! Challenge Suggestive Lineups.
The Idaho Supreme Court once again points out the importance of challenging line-up identifications whenever the issue arises. Many people do not understand how common such evidence is, or how often jurors rely on the identification as the basis for their decisions. Eyewitness identification evidence can destroy a defense case with little more effort than announcing the name of the witness at trial. So how do you handle this problem as the lawyer? The answer is simple – you challenge the identification before trial, during trial and after the trial if you have lost. In Wurdemann v. State of Idaho, the Idaho Supreme Court held that John David Wurdemann’s sixth amendment right to effective assistance of counsel was violated by his conviction resulting from an attack on Linda LeBrane. Wurdemann’s lawyers did not adequately prepare for trial and were unaware of the relevant law regarding the admission of such evidence. Counsel failed to challenge LeBrane’s…
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Interstate 15 Traffic Blockage South of Blackfoot - Southbound Lane
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 9/21/2017 at 12:54 p.m. Please direct questions to the District Office Idaho State Police is on scene of a motorist assist in the construction zone on Interstate 15 at milepost 86.5, in the southbound lane. Southbound traffic has come to a standstill and is currently being diverted off Interstate 15 at the south Blackfoot exchange at milepost 89. Northbound traffic has also slowed in the area. Recovery equipment is en route, but there is not yet a time estimate for the removal of the blocking vehicle. An update will be issued when the situation has been resolved. 2850 -------------
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Troy Ticket
May people have questions when they receive a ticket in from a police officer or in the mail. The first question usually is how can the ticket be taken care of. When tickets are issued the officer will indicate the “Type” of ticket issued ( usually in the middle portion of the ticket). The choices under “Type” include the following “C/I” (civil infraction); “Misd” (misdemeanor); “Fel” (felony); “Warn” (warning); “Fug” (fugitive); and “Waiv” (Waivable). “Warn” (warnings) are just that. They do not require any further action on behalf of the person issued the ticket “C/I” (civil infraction) can be handled by either paying the ticket before the appearance date that is indicated on the ticket. The person issued the ticket has the opinion to challenge the ticket at a hearing. Many people who…
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Weinberger on Heien v. North Carolina
Lael Daniel Weinberger (University of Chicago, Division of Social Sciences, Department of History) has posted Making Mistakes About the Law: Police Mistakes of Law between Qualified Immunity and Lenity (University of Chicago Law Review, Vol. 84, 2017) on SSRN. Here...
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Interstate 15 Traffic Blockage South of Blackfoot - Southbound Lane
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 9/21/2017 at 1:24 p.m. Please direct questions to the District Office *****UPDATE*****UPDATE*****UPDATE***** All lanes of traffic are now clear. Traffic remains slow in both the northbound and southbound lanes in the area. *****END OF UPDATE*****END OF UPDATE***** 2850 Idaho State Police is on scene of a motorist assist in the construction zone on Interstate 15 at milepost 86.5, in the southbound lane. Southbound traffic has come to a standstill and is currently being diverted off Interstate 15 at the south Blackfoot exchange at milepost 89. Northbound traffic has also slowed in the area. Recovery equipment is en route, but there is not yet a time estimate for the removal…
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Maine Wire: Unlawful rental registries: Coming soon to a city near you
Maine Wire: Unlawful rental registries: Coming soon to a city near you by Jacob Posik: This provision allows code enforcement officers to enter any rental unit in the city without first obtaining a warrant or consent from the landlord or … Continue reading →
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Politico: Judge inches toward demand for data on Trump inaugural protest website
Politico: Judge inches toward demand for data on Trump inaugural protest website by Josh Gerstein: A judge is pressing forward with plans to allow enforcement of a search warrant against a website used to organize protests against President Donald Trump’s … Continue reading →
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First Degree Perjury, Attempt to Influence a Public Servant and Tracing IP Addresses
This post examines a recent opinion from the Colorado Court of Appeals – Division III: People v. Garrison, 2017 WL 3431820 (2017). The court begins the opinion by explaining that thecommon knowledge and experience of an ordinary person have become one marker of the boundary separating lay from expert testimony. This case involves lay witness testimony about e-mail. So, one might wonder whether this ubiquitous person would be aware that· the record of each e-mail transmission includes an Internet Protocol (IP) address from which the transmission initiated· the IP address can be linked to an Internet service provider (ISP); and· in turn, the ISP can often trace the IP address to the physical address of a particular ISP customer?People v. Garrison, supra.The court goes on to explain that[d]espite the dramatic increase in use of e-mail, we join the…
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DC: Using Stingray to track a cell phone is a 4A search because it extracts cell phone numbers from phones
The use of a Stingray device by the police to track a cell phone is a search governed by the Fourth Amendment. Stingrays “[f]orce the person’s cellphone to identify itself and reveal its exact location. It is in this sense … Continue reading →
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Top UF Official Accused of Stealing Over $180K From University
A top University of Florida housing official has been charged with stealing more than $180,000 to buy $16,000 worth of lunches, nearly $45,000 in furniture and $37,000 more in electronics, a report shows. The 41-year-old senior director of UF housing and education, was arrested Monday night and charged with grand larceny of more than $100,000. According to a UF police report, the man used state funds to buy $25,000 in household items, more than $11,500 in maintenance items like lawn mowers and more than $44,000 for miscellaneous items including internet service, electricity and seven cellphones. The report says the UF Office of Internal Audit also has records detailing fraudulent purchases of a recliner chair, blue-cushioned patio furniture, a motion-sensor trash can, tablecloth, cloth napkins, flatware, plates, lamp, storage box, motion light sensor, pitcher, several floor rugs, wall mirror, a seafoam green cabinet and several flat-screen televisions. In November 2016, the man…
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CA7: Def’s false suppression hearing testimony gets him 2 level obstruction sentencing enhancement
Defendant’s false testimony at suppression hearing results in 2 level enhancement under the Sentencing Guidelines. United States v. Jones, 2017 U.S. App. LEXIS 18204 (7th Cir. Sept. 20, 2017): 2. Sentencing Enhancements Kelsey challenges the two-level obstruction of justice enhancement … Continue reading →
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Innocence Blog Q&A with Innocence Ambassador John Mulaney
Comedian and raconteur John Mulaney is renowned for his colorful storytelling and caricatures. From playing one-half of a wry, geriatric couple in his recent Broadway hit Oh, Hello alongside friend and fellow comedian Nick Kroll, to his Netflix tour-de-force The Comeback Kid, his comedy is both calculated and mischievous. But while the characters Mulaney projects to his public often appear whimsical and frivolous, the man underneath the makeup is anything but. Born into a family of lawyers, Mulaney has long been a committed voice for criminal justice reform and a devoted Innocence Ambassador. Along with his wife and fellow Innocence Ambassador, make-up artist Annamarie Tendler, Mulaney has dedicated his time and effort to promoting the Innocence Project’s fight against wrongful conviction. Recently, he stopped by our offices to answer a few questions for our on-camera series Q&A and to tell us why he stands up for innocence. Does social…
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Mission Creep for Mueller? What Mission Creep? His Charter is Boundless.
I was on Tucker Carlson's show Tuesday night and he asked me whether Bob Mueller was guilty of "mission creep on a grand scale" by investigating "financial dealings going back some years." Presumably this was a reference to reports that...
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Logan on Fourth Amendment Localism
Wayne A. Logan (Florida State University - College of Law) has posted Fourth Amendment Localism (93 Indiana Law Journal, Forthcoming) on SSRN. Here is the abstract: Despite their many differences, Americans have long been bound by a shared sense of...
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D.C. Appeals Court Rules Sting-Ray Devices Unconstitutional
The D.C. Court of Appeals has overturned the convictions of a man named Prince Jones because the police employed a "sting ray" (cell-site simulator) device without a warrant. The opinion is here. We agree with Mr. Jones that the government... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Replacing the Travel Ban
Laura Meckler reports for the WSJ:The Trump administration is preparing to replace its controversial travel ban--which sought to bar almost all travel to the U.S. from six countries--with more targeted restrictions affecting a slightly larger number of countries, people familiar with the process said. Rather than ban travel altogether from the nations on the new list, the new order is set to create restrictions that vary by country, based on cooperation with U.S. mandates, the threat posed by each country and other factors, these people said.* * *The new rules are scheduled to be announced by Sunday, when the existing, 90-day travel ban expires. The ban now applies to people from Iran, Libya, Somalia, Sudan, Syria and Yemen.Doesn't the expiration of the 90-ban make the challenge presently before the Supreme Court moot? Yes, IMHO, and that is what CJLF's amicus brief supporting neither party…
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