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Hate Crimes in Florida Continue to Increase Every Year….

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Hate crimes in Florida continue to increase every year and in significant amounts after the 2016 Presidential Election.  This is something of great concerns because Florida has always been the destination of choice for many immigrants and their families due to its cultural diversity. According to the Office of the Attorney General of the State of Florida, a hate crime is an act committed or attempted by one person or group against another, or that person’s property, in a way that constitutes an expression of hatred toward the victim based on her or her personal characteristics.  They explain that it is a crime when the perpetrator intentionally selects the victim based on one of the following characteristics: race, color, religion, ethnicity, ancestry, national origin, sexual orientation, homeless status, advanced age, or mental/physical disability. The groups with the highest numbers of hate crimes both in Florida and the United States are: anti-immigrant,…

Cert. granted: Collins v. Virginia (automobile exception to search a vehicle parked near to a house on curtilage)

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Cert. granted: Collins v. Virginia, 16-1027 (ScotusBlog) Issue: Whether the Fourth Amendment’s automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house and search a vehicle parked a few feet from the … Continue reading →

News Scan

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Illegal Immigrant Charged in Girl's Rape:   A Guatemalan national, illegally in the U.S., has been charged with raping a 6-year-old girl in her bedroom.  Penny Ray of the Trentonian reports that 32-year-old Edgar Mendoza was arrested shortly after jumping from the little girl's second story bedroom window at around 1:30 a.m. on September 19, after her father caught him in bed with her.  Police believe that Mendoza climbed into the bedroom through the same window.  He has been charged with three counts of aggravated sexual assault, burglary, and endangering the welfare of a child.  ICE has placed a detainer on him. 5 Deported Criminals Caught at TX Border:  Craig Bannister of CNS News reports that Texas border agents nabbed five previously deported illegal alien criminals attempting to reenter the U.S.  Among them were a Mexican national who is a member of MS-13;  two Salvadorian nationals who are members of the violent Los…

RCC North – District 1 Press Release

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 092817 11:15 am Please direct questions to the District Office We are currently investigating a blocking crash I90 near milepost 41 in Shoshone County. Please avoid the area and expect congestion and delays. 2815 -------------

Nurse Arrested for Refusing Warrantless Blood Draw by Police

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This summer, shocking video emerged of a police officer forcibly arresting nurse Alex Wubbels at University Hospital in Salt Lake City, Utah. Her crime? Protecting her patient’s rights against unlawful government intrusion by refusing to perform a warrantless blood draw requested by a police officer.... The post Nurse Arrested for Refusing Warrantless Blood Draw by Police appeared first on McKneely Law Firm.

Atiq on Ring and Legal vs. Factual Normative Questions

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Emad H. Atiq (Princeton University - Department of Philosophy) has posted Legal vs. Factual Normative Questions & the True Scope of Ring (Notre Dame Journal of Law, Ethics and Public Policy, Vol. 32, 2018) on SSRN. Here is the abstract:...

Wrongful Convictions in the United States….

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Along with the evolution of law, came wrongful convictions.  Wrongful convictions have been displayed in movies, books, music, and in all forms of mass communication but people seem to not care about it until it involves someone they care for, especially in capital cases.  The problem with this is that all of those cases where the defendants have been wrongfully convicted are either ignored or forgotten.   Many because they can not afford private attorneys and others because of underpaid public defenders who do not spend thorough time on each case they are assigned to. So this brings us to two important questions; What are the main causes of wrongful convictions? What are the best ways to prevent wrongful convictions? There are many reasons as to why wrongful convictions continue to occur, even in capital cases, but two of the most influential factors according to Death Penalty Information Center are: official misconduct and perjury.  Official…

Update to blocking crash

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 092817 11:15 am Please direct questions to the District Office *** The roadway has been cleared **** We are currently investigating a blocking crash I90 near milepost 41 in Shoshone County. Please avoid the area and expect congestion and delays. 2815 -------------

How Dare You Women Think For Yourselves?!

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Just when you think the hypocrisy has reached absolute zero and can't go any lower ... CNN reports:In candid remarks Wednesday, former first lady Michelle Obama said women who voted for Republican nominee Donald Trump over Democratic nominee Hillary Clinton went against their "authentic voice" in the 2016 presidential election."Any woman who voted against Hillary Clinton voted against their own voice," she said at the Inbound 2017 conference in Boston, according to video from inside the event."What does it mean for us as women that we look at those two candidates, as women, and many of us said, that guy, he's better for me, his voice is more true to me," Obama said. "Well, to me that just says you don't like your voice. You like the thing you're told to like."So here is Mrs. Obama, telling women what to like, denouncing them for having a different opinion, and then wrapping up with that last statement.On the…

Hold On To Your Constitutional Rights: The Supremes are Back!

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Like the swallows returning each year to Capistrano, we are in the midst of the annual flight to Justice, when the U.S. Supreme Court decides which cases it will review at the beginning of its new year.  On the first day when they announced several cases for review, the Supreme Court demonstrated that this “Term” will have a big impact on the type of constitutional issues that we regularly face when representing people or companies under investigation or being prosecuted for alleged crimes. I will do a series of posts about the new cases.  These subsequent posts will give more detail and some of the juicier aspects of the case to show that these are not just dry legal disputes, but instead involve real people and lawyers fighting for our rights.  But today, I’ll just do brief reviews of the 3 big criminal justice cases announced today that will be on the Supreme Court’s plate this upcoming Term. Two of the cases involve automobiles and the…

FRANCISCO MIRÓQUESADA ¿El terrorismo es reivindicatorio, la última palabra?

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Hoy - 28 de setiembre de 2017- en El Comercio escribe el señor Francisco Mirquesada Rada, analiza la concepción de democracia y terrorismo, pudiéndose leer, por ejemplo, interpretaciones como la que sigue, resumida por mi persona:  mientras aquella puede ser, en algunos casos abusiva, arbitraria, bueno es tener presente que, la represión es un acto de defensa  del sistema, el terrorismo, en cambio, niega la existencia de cualquier idea contraria a sus postulados como si fueran dueños de la verdad y  el que no está de acuerdo o es férreo opositor no merece atención alguna, más aún, debe ser destruido. Para analizar la ideología de "Sendero Luminoso" y sus consecuencias, NO podemos ni debemos emitir juicios en abstracto, el señor Miróquesada Rada  se abstrae de nuestro pasado tratando de comprender porqué no se honró al señor…

Trump to Nominate Justice Don Willett for Fifth Circuit

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So reports San Antonio Express-News:President Trump on Thursday will nominate two conservatives from Texas with compelling personal stories to the 5th U.S. Circuit Court of Appeals, according to a senior administrative official. Texas Supreme Court Justice Don Willett was cited by Trump as a potential U.S. Supreme court pick during his presidential campaign. Dallas appellate lawyer James Ho is a former Texas solicitor general who has argued cases before state and federal courts.Willett -- a prolific Twitter user whose wit with more than 96,000 followers and the title of Texas “Tweeter Laureate” --had gently mocked Trump in some tweets during the campaign for the White House.The article has a collection of some of Justice Willett's "gently mock[ing]" tweets.I had previously blogged about Justice Willett back in the heyday of speculation as to who Trump would nominate to fill the Supreme Court seat left vacant by the death of Justice Antonin Scalia. At…

Bexar County to cease arrests for small quantities of pot

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Bexar County DA Nico Lahood has announced people will no longer be arrested for small amounts of pot in San Antonio, implementing a system for officers to issue citations under a 2007 law passed by the Republican House Corrections Committee Chairman Jerry Madden, now with Right on Crime. See coverage in the Express News, which included a chart, appended after the jump, detailing the extent of marijuana arrests in recent years in the River City.Bexar County arrests for marijuana possession, 2007-2017Since 2007, roughly 44,000 have been arrested for possession of marijuana, according to an analysis of court data.Possession of 0-2 oz marijuanaPossession of 2-4 oz marijuana20074,80521120084,77122320095,21523720105,16424020113,55517420123,77413520133,68614920143,65912620153,30611720163,36811920171,39349*2017 data are updated through April of this year.Source: Bexar County court records

States Show Promising Signs of Reforming Informant Practices

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Attorney, author and Loyola Law School professor Alexandra Natapoff is one of the country’s preeminent experts in criminal informants. In 2015, Natapoff spoke to the Innocence Project about jail informants, specifically, and the risk that they pose in leading innocent people to being wrongfully convicted. “Prosecutors don’t know whether these witnesses are telling the truth, and they often have no meaningful way of vetting the reliability of the testimony,” said Natapoff. In that interview, she said that more states needed to pass legislation that would require greater transparency and tracking of informant activity, and increase the reliability of informant testimony. On Tuesday, the Crime Report published an op-ed by Natapoff in which she discussed such legislation and the positive effects that they’ll have on the justice system. “Nobody likes a snitch,” writes Natapoff, “but never have so many people been doing so much about…

Anheuser-Busch to Pay for Lyft Rides to Prevent DUIs in Columbus

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A partnership between the City of Columbus, the beer company Anheuser-Busch, and the ride-hailing company Lyft aims to reduce drunk driving by providing transportation alternatives for people who go out on the weekend. More than just an awareness-raising program, the Columbus City Pilot to Reduce Harmful Drinking is a concrete step to keep intoxicated Columbus [...]The post Anheuser-Busch to Pay for Lyft Rides to Prevent DUIs in Columbus appeared first on Columbus Criminal Attorney.

Poema

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Empezamos un viaje misterioso, ¡No tenía destino! Duró un año, vinieron más Y aun hoy continúa. Escribo porqué amo la lectura, En el desorden de las palabras Fluye cristalino el pensamiento Labriego fiel de las quimeras. Terminaron los aplausos, callaron Los consejos, los abanicos dejaron´ De rasgar el aire con el aroma de la Sabiduría petulante y comprensiva. El camino era denso plagado de ironías Muy viejas, parecían nuevas, Nuestro blanco y radiante velero surcaba Meandros peligrosos de sueños compartidos. Aprendimos de la agonía, de la mezquindad, de las vidas Idas en un viaje sin destino, de la fuerza inacabada de mi compañera sujetándome para no caer. Hoy está resuelto el misterio, el destino Nos golpea en la cara, vislumbramos …

Brink on Attempts

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David O. Brink (University of California, San Diego) has posted The Path to Completion (Oxford Studies in Agency and Responsibility 4 (2017): 183-205) on SSRN. Here is the abstract: Attempted wrongdoing is wrong and deserves censure and sanction, provided the...

Pair Caught with Stolen Goods from Vehicle Burglaries

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A car containing two people was pulled over by Ripton police officers performing a traffic stop for expired vehicle registration tags on Wednesday. Upon inspection they located items in the car that they believe had been stolen in a string of recent vehicle burglaries that took place in Santa Rosa and Modesto. In addition, the officers allegedly discovered methamphetamine and a fake gun in the car. The driver of the Buick, 45-year-old Robert Lenton Ruiz, was found to be on probation and wanted for an arrest warrant for misdemeanor vandalism. 39-year-old Elisa Marie Cabonios, the passenger of the vehicle, possessed an arrest warrant for petty theft. The two were placed under arrest at the scene. Ruiz and Cabonios are each facing allegations for possession of stolen property, possession of burglary tools, possession of a controlled substance and destroying or concealing evidence. Ruiz must also face charges for driving with a suspended license and violation of a court order.…

California DUI with a High BAC

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Many people know that the legal blood alcohol content limit is 0.08 percent and that if caught driving with a 0.08 percent or more, they will face the penalties associated with a DUI. Few people however know that if they are caught driving with a blood alcohol content that is much higher than the legal limit, they face additional penalties. The mandatory minimum punishment for a first time DUI conviction in California is $390 plus penalties and assessments, which are like court taxes and will increase the overall amount to about $2,000, three years of summary (informal) probation, and a three-month DUI program called AB-541. The first consequence of a driver having a high blood alcohol content, beyond the mandatory minimum penalties mentioned above, is that they must admit to having a high blood alcohol content. The prosecutor may include in the criminal complaint a “special allegation” that the driver’s blood alcohol content was high. In addition to pleading…

The Cost of Texas’ Sex Offender Registration Program

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As of September 1, 2017, the State of Texas had 90,616 registered sex offenders.   Sex offender registration has been around a long time in Texas—since 1991, in fact. The state legislature has continually amended or tweaked these programs ever since. For example, the legislature mandated that the public be notified about registered sex offenders in 1995 following the 1993 abduction/murder of seven-year-old Ashley Estell in Plano, Texas.   Sex Offender Registration Program   In 2005, the state legislature enacted the Texas Sex Offender Registration Program (SORP) {Chapter 62 of the Code of Criminal Procedure} which requires all adult and juvenile sex offenders to register with the local law enforcement authority in the city/town in which they reside or with the sheriff’s department in the county in which they reside. The offender must provide the following information:   Name and address; Color photograph; The offense of conviction or…
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