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Mother-in-Law Attempts to Drive Over Daughter’s Husband for Revealing Their Affair

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On September 20th police arrived at a Palm Beach Gardens home where they allegedly found a woman driving in circles trying to run over her son-in law with her SUV. According to the police report the driver, 58-year-old Kathleen Regina Davis, had previously been carrying on an extramarital affair with her daughter’s husband, 33-year-old Michael Sciarra. Davis was enraged when she learned that Sciarra had confessed to his wife about their infidelity claiming it had destroyed her relationship with her daughter. She allegedly drove to Sciarra’s residence where she threw a considerable amount of eggs at his car and his home. When Sciarra came outside Davis began chasing him down with her vehicle. Sciarra claimed he was nearly run over and that he feared his life was in danger. When Davis was questioned by the authorities, she allegedly told them that she wanted to run Sciarra over. She was placed under arrest, and is now facing criminal charges of aggravated assault with…

SELECTED FIREARMS BANS UNDER MAINE & FEDERAL LAW.

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SELECTED FIREARMS BANS UNDER MAINE & FEDERAL LAW. Posted by Edmund R. Folsom, Esq., September 30, 2017. On September 16, 2017, I participated, as a presenter, in a continuing education seminar, in Saco, organized by Scott Houde, Esq.  My topic was on various ways people lose their Second Amendment right to keep and bear firearms when they are found to have violated certain Maine and federal statutes.  In Maine, Title 15 M.R.S. §393 makes it a crime for a person to own, possess or control a firearm once the person is convicted of a crime punishable by 1 year or more of imprisonment (a felony) and for various other reasons.  In 2015, the Maine Legislature amended  §393, creating a new 5-year ban on ownership, possession or control of a firearm for anyone convicted of certain Class D (misdemeanor) “domestic violence” crimes and for anyone placed on a deferred disposition for those same crimes.  In 2016, the Legislature made…

Domestic violence allegations are showing up on social media far more often

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On this episode of Justice, One Client at a Time, we look at how social media is changing the landscape for where domestic violence accusations are featured. Short URL: http://cleg.al/2xQZXPK

UPDATE Crash blocking WB I-84 at 147

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: September 30, 2017 10:00 a.m. Please direct questions to the District Office ***** UPDATE**** The lanes of travel are clear. More information on the details of the crash will be released when available. **** End of Update**** 2406 IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: September 30, 2017 6:05 a.m. Please direct questions to the District Office The Idaho State Police is currently investigating a crash on I-84 near milepost 147, in Gooding county. The westbound lanes are currently blocked. More information will be released as it becomes available. 3632/3643…

A Person in Florida Who Has Not Obtained a Driver’s License Cannot be Charged with a Felony Suspended License Charge

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In Florida, it is a crime for a person to drive a motor vehicle if his/her license is suspended and he/she knows it is suspended.  That last part is important because it is only a civil traffic infraction to drive with a suspended license in Florida if the driver is not aware of the license suspension.  In many cases, for first time violators, whether a person gets the civil citation or a criminal charge for driving with a suspended license will depend on how the officer who pulls the driver over feels. If the state believes the driver knew he/she had a suspended license and drove anyway, the state will charge the driver with a crime.  Normally, it is a misdemeanor crime.  However, if a person has two or more prior convictions for driving with a suspended license, the state can charge the person with a third degree felony.  For the first or second violation, the penalties are usually minimal, especially if the defendant can obtain a good license while…

Blocking crash SB SH41 at milepost 15.5

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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: 09/30/2017 11:57 am Please direct questions to the District Office The Idaho State Police is currently on scene of an blocking crash on SH41 southbound at milepost 15.5, south of Spirit Lake. Please avoid this area if possible and consider alternate routes of travel. 2924 -------------

What Part Of An Ohio DUI/OVI Trial Is Most Important?

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Lawyers disagree on what part of a trial is the most important. Some lawyers say the closing argument is the most important part because that’s when we tie everything together and persuade. Others say the closing doesn’t matter much: trials are lost or won during jury selection. Still others say the most critical phase of a trial is cross-examination. Cross-examination was the subject of a recent workshop in Charleston, South Carolina (a couple days after Hurricane Irma hit!), and I was part of the faculty for the workshop. The workshop was part of a three-day seminar presented by the DUI Defense Lawyers Association (DUIDLA), and first two days of the seminar were lectures on various DUI/OVI topics. The third day was a trial skills workshop focused on improving the attendees’ cross examination skills.   In DUI/OVI cases, cross examination is very important. In all OVI trials, the defense attorney cross-examines the prosecution witnesses. In many OVI…

Sheriff’s Deputy Denied Immunity

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A sheriff's deputy in Pasadena, California will have to face civil claims from the family of a 13 year old boy who he killed after mistaking the boy's toy gun for an AK 47.The boy was shot on October 22, 2013 while he was on the sidewalk walking to his friend's house. The toy gun was missing the orange tip that designates it was a replica, but witnesses for the police have said that the officers were far enough away that they wouldn't have been able to distinguish the tip anyway. The officers were 100 yards from the boy.Sheriff’s Deputy Erick Gelhaus's partner turned their car around when they noticed the boy and turned on the siren. Gelhaus got out of the car, ordered the boy to drop the weapon, and fired eight shots. Seven of the shots hit the boy in the chest, and he died at the scene.Chief US District Judge Phillis Hamilton advanced the civil claims by the boy's family last year, and the deputy appealed to the Ninth Circuit. A three judge…

*** Update*** Blocking crash SB SH41 at milepost 15.5

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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: 09/30/2017 11:57 am Please direct questions to the District Office ***This crash has now been cleared - the roadway is open for travel*** The Idaho State Police is currently on scene of an blocking crash on SH41 southbound at milepost 15.5, south of Spirit Lake. Please avoid this area if possible and consider alternate routes of travel. 2924 -------------

Florida Supreme Court Weighs In On HTO Confusion

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For several weeks now, my left index finger has been twitching.  Out of the clear blue, twitching. I did what most people do, looked up “finger twitching” on Google.  Now, there’s plenty of problems with trying to achieve some sort of medical diagnosis online.  The main problem is my brain.  It seems to be wired to click only on the articles that have the most severe diagnosis.  As such, I clicked on an article where finger twitching was the first sign of a deadly brain tumor.  And, I can’t get that worst case scenario out of my head. Was I asking Google the right question?  No. I have a Juris Doctorate degree, but no medical background–so the medical questions I’m asking are not going to help me.  Eventually, I’ll go see my doctor and he’ll ask me a series of questions.  I don’t know the right questions to ask.  And, I’ll probably wonder why my doctor is asking me such…

Fighting Connecticut Insurance Broker Investigations

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Connecticut’s Insurance Department continue to investigate insurance brokers for any type of misconduct that comes across their radar, even innocent mistakes. Sure, it may not seem like a big deal at first, but what many people don’t realize is your insurance license could be revoked if your case is not handled properly. As many of the best insurance broker investigation lawyers in Connecticut understand, once you receive notice from the State of Connecticut Insurance Department that there will be an Enforcement Action Hearing (which you will be required to attend), you need to take this seriously. These hearings can result in fines, probation, or even revocation of your insurance license. Which begs the question… do I need a lawyer for a Connecticut Department of Insurance investigation or enforcement action hearing? I Got a Notice from the State of Connecticut Insurance Department in the Mail. What Happens Next? …

Interesting People Have the Best Cases: Rod Class v. U.S.

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I happen to like people like Rodney “Rod” Class, even if I often  disagree with them.  Some people call him a “gun nut.”  He refers to himself as a “constitutional bounty hunter.”  He likes his guns, and has a very healthy distrust of government.  Rod’s case will be argued late next week in the Supreme Court, and the main issue is whether a guilty plea waives a challenge to the constitutionality of the criminal offense to which the person entered a plea.  I wrote about Rod’s case last Winter, and sort of predicted it might be accepted for review by the Supreme Court.  Turns out it was accepted, and it is a big deal in our business. Without guilty pleas, the criminal justice system would likely collapse.  That is one big reason why this case is important.  Mr. Class, foolishly representing himself, pled guilty to a federal crime of possessing “readily available” firearms on…

CA11: Opening car door to check window tint was reasonable

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“On this record, opening the car door to test the window tint did not violate the Fourth Amendment since it satisfied the factors in Class — the safety of the officers was served by the governmental intrusion, the intrusion was … Continue reading →

Next week's criminal law/procedure argument(s)

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Issue summaries are from ScotusBlog, which also links to papers: Monday Sessions v. Dimaya: Whether 18 U.S.C. 16(b), as incorporated into the Immigration and Nationality Act's provisions governing an alien's removal from the United States, is unconstitutionally vague. Wednesday District...

Fatal Crash on I-84 in Gooding County

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 09/30/2017 6:19 pm Please direct questions to the District Office On September 30, 2017, at approximately 4:30 am, the Idaho State Police investigated a fatal crash on I84 at milepost 147, approximately 10 miles west of Wendell, ID. Clinton Harlan, 39, of Kuna, ID, was travelling westbound in a 2017 Volvo Semi-Tractor pulling 3 Semi-Trailers. Harlan encountered a vehicle that was stopped in the right hand lane of travel westbound on I84 near milepost 147 where Harlan's Semi-Tractor ran into the back of this vehicle. The driver and only occupant of the stopped vehicle succumbed to their injuries at the scene of the crash. The name is being withheld at this time…

Did Kellyanne Conway murder Melissa Trotter?

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It's been a while, years in fact, since I've written about Larry Swearingen who did not kill Melissa Trotter.  That's the same Larry Swearingen the good people of the State of Texas intend to kill on November 16 for the murder of Melissa Trotter.  The same Melissa Trotter Larry Swearingen did not kill.Sigh.Let's do this in three parts.Part I:  Larry Swearingen was in police custody when Melissa Trotter was elsewhere getting killed.   That seems incontestable.  The Texas courts don't care.  The prosecutors don't care.  After all, there's all that circumstantial evidence and junk science that points to him.  Therefore he's guilty.  Proof that he's innocent would be, I don't know . . . . Wait, I got it.Alternative Facts.Cool.  Let's blame the killing on Kellanne Conway.  I don't know where she was at the time.Anyhow, whoever killed Melissa Trotter, it wasn't…

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

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are here. The usual disclaimers apply. Rank Paper Downloads 1. Feeding the Machine: Policing, Crime Data, & Algorithms Elizabeth E. Joh University of California, Davis - School of Law Date Posted: 21 Aug 2017 308 2. Forensic Science: Daubert's Failure...

E.D.Wash.: No REP in jail calls

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Defendant’s jail calls were not obtained in violation of the Fourth Amendment. United States v. Angulo, 2015 U.S. Dist. LEXIS 190187 (E.D. Wash. March 18, 2015). Defendant challenges defense counsel’s performance in not asking the right questions during the suppression … Continue reading →

CA5: Thumping a spare tire on PC wasn’t an unreasonable search

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“Here, the agent articulated several observations which, based on his eight years of experience at this [immigration] checkpoint, indicated that the truck’s spare tire contained contraband. Viewing this testimony in the light most favorable to the Government, and giving due … Continue reading →

LA1: State cured error of SDT for medical records with SW showing independent source

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Defendant was charged with rape of a minor and whether he transmitted chlamydia to the alleged victim was a fact issue in dispute. The state obtained the records by subpoena finding that he had been a carrier since 2010, but … Continue reading →
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