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Analysis of a Los Angeles Hit and Run Case

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If you have been arrested for suspicion of a Los Angeles Hit and Run, it is likely that you do not thoroughly understand the case against you, the rights you have and the options you can take. That is why it is extremely important to speak to a Los Angeles Hit and Run Lawyer so that the lawyer can guide you through the process. There are many things an experienced lawyer can do that can help reduce your charges, or even to dismiss them. He can speak to the write parties, including the person who suffered the injury or damage to property, the prosecutors, as well as officers. The lawyer can also assess the case and determine what steps need to be taken immediately, and gather enough evidence so that the strongest possible argument can be made. Statements Continue reading

Benefits of a Los Angeles Criminal Defense Attorney for your Criminal Case

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When you hire a Los Angeles Criminal Defense attorney, you make the best possible decision you can for your case, and for your future. When faced with criminal charges, you have not yet been convicted, you have merely been charged. This means that the court feels that there is a high probability you have committed a crime, but until you enter a plea of guilty, or are found guilty, you have not been convicted. The earlier you retain counsel, and take a proactive stance on your case, the more likely your case may be dismissed or reduced. There are some significant benefits to hiring a Criminal attorney, rather than doing it yourself. All of the benefits come together to ensure your best possible outcome, and to help keep your peace of mind. Court Appearances Continue reading

**Update** Blocking Crash WB I90 at 16

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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: 10/02/2017 11:08 Please direct questions to the District Office **update** The roadway is now open. Traffic will be slow moving until the congestion can be cleared up*** The Idaho State Police is responding to a blocking crash on I90 at milepost 16 at this time. It is currently blocking both eastbound and westbound lanes. Please avoid this area. Thank you. 2924 -------------

*** Update*** Blocking Crash WB I90 at milepost 16

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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: 10/02/2017 11:08 Please direct questions to the District Office ***The roadway has now been cleared and is open for travel.*** The Idaho State Police is responding to a blocking crash on I90 at milepost 16 at this time. It is currently blocking both eastbound and westbound lanes. Please avoid this area. Thank you. 3908 -------------

RIP Tom Petty

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I can't believe it. Tom Petty has died after a sudden cardiac arrest. RIP Tom, and thank you for the decades of fabulous music. You will be missed. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Monday Open Thread

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I'm off to see American Made. Here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

USCA5 Nominations

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For many people who did not support Donald Trump during the primary contest, judicial nominations were a major reason to vote for him in the general election.  The WSJ has this editorial praising a new batch of nominations, focusing on those for the Court of Appeals for the Fifth Circuit, covering Texas, Louisiana, and Mississippi.

Hurricane Extensions

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The U.S. Supreme Court today issued a bit of disaster relief for litigants in Puerto Rico and the U.S. Virgin Islands:IT IS ORDERED that the deadline to file a petition for a writ of certiorari in a case arising from the state or federal courts of Puerto Rico or the Virgin Islands and due on or after the date of this order is extended to November 20, 2017, to the extent that the extension is within the Court's authority to order. See 28 U.S.C. § 2101(c) (limiting available extensions to 60 days from due date for petitions for writs of certiorari in civil cases).Um, exactly how many state courts are there in Puerto Rico and the Virgin Islands? Zero.For the District of Columbia, there is a statute saying that its Court of Appeals is considered a state court for the purpose of Supreme Court review, see 28 U.S.C. §1257(b), but the corresponding statutes for Puerto Rico and the Virgin Islands have no such provision.  See §§ 1258, 1260.

Oral arguments at 5th Circuit Tuesday on Harris County bail reform case

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Grits had half a mind to drive over to New Orleans today to hear oral arguments in the Harris County bail case tomorrow at the federal 5th Circuit Court of Appeals, but work and family responsibilities intervened. Regardless, I'm excited that the plaintiffs have reached this point. Good luck to our friends at Civil Rights Corps, the Texas Fair Defense Project, as well as Neal Manne and his colleagues at Susman Godfrey who've worked on this case.The Texas Tribune had a good preview, and we discussed it in the Top Stories segment of the latest Reasonably Suspicious podcast. For more background (and excellent reading, for the genre), see District Judge Lee Rosenthal's order. See also a study from A&M evaluating the use of risk assessments to make decisions about pretrial detention.

Double Fatality Crash WB I90 at 16

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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: 10/02/2017 16:35 Please direct questions to the District Office The Idaho State Police investigated a three vehicle double fatality crash on I90 at milepost 16 westbound, just east of Coeur d'Alene in the construction zone, at 11:05 am today. Travis Clay, 41 years old of Coeur d'Alene, driving a Blue 2007 Chevy Silverado, was westbound on I90 at milepost 16 when he cross into the eastbound lanes of travel striking Patricia Mahoney, 75 years old of Coeur d'Alene, driving a Silver 2012 Chevy Cruze, head on. After striking Mahoney, Clay then struck Jon Hagaman, 26 years old of Smelterville, driving a White 2004 Ford F350, who was also eastbound. …

State Appeals Court Upholds Polo Mogul’s DUI Manslaughter Conviction

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In a case of interest to Illinois DUI lawyers, the founder of the International Polo Club raised 13 issues before Florida’s Fourth District Court of Appeal regarding his DUI manslaughter conviction. The appeals court affirmed, addressing only three of the issues raised by Goodman:  (1) whether the State prematurely released his vehicle after his first trial in violation of his due process rights and requiring dismissal under California v. Trombetta; (2) that the jury instructions on the failure to render aid enhancements violated due process by failing to require that he knew that the accident resulted in injuries or death; and (3) that his blood was drawn without a warrant, violating the Fourth Amendment Search and Seizure Clause. Following a late-night car accident, in which the other driver died after his vehicle was submerged in a canal, the defendant was charged with DUI manslaughter with failure to render aid and vehicular homicide with failure to render…

State Supreme Court Holds Police Cannot Take Warrantless Blood Draws From Unconscious DUI Suspects

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When a motorist drives on a road in Pennsylvania, he or she is “deemed to have given consent” to chemical testing to determine whether he or she is driving under the influence of alcohol or a controlled substance (“DUI”), provided that a police officer first develops “reasonable grounds” to suspect such an impairment. Nonetheless, this “implied consent” statute also grants DUI arrestees the right to refuse chemical testing. While Illinois has its own laws, these principles are also relevant to Illinois DUI defendants. In a recent case, the Pennsylvania Supreme Court granted an appeal to consider the lawfulness of a warrantless blood draw conducted upon a motorist who, having been arrested for DUI, had then been rendered unconscious by medical personnel before a police officer provided O’Connell warnings and before the officer requested the motorist’s submission to a chemical test. The Philadelphia Municipal Court, the…

Khoday & Avey on Finality and Mr. Big Operations

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Amar Khoday and Jonathan Avey (University of Manitoba - Faculty of Law and Osgoode Hall Faculty of Law) have posted Beyond Finality: R v Hart and the Ghosts of Convictions Past (Manitoba Law Journal, Vol. 40, No. 3, 2017) on...

Federal Alternatives-to-Incarceration (ATI) Programs May Be In Jeopardy

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It has been long known that the United States incarcerates more individuals than any other nation on the planet.  Our combined federal, state and local jail population is staggering.  Over the last several decades, however, there has been an ongoing push to develop “alternatives-to-incarceration” or “ATI” programs.  These programs, which include drug courts and mental health courts, are designed to deal with relatively low-level, non-violent offenders who have specific problems and issues that led them to commit crimes.  The idea is to remove them from the mainstream criminal justice system and place them in a diversionary program designed to address their unique needs, thereby reducing the likelihood of recidivism.  As a result, these programs help reduce the overall prison population, thereby preserving prison resources for use in connection with more violent criminal offenders.  ATI programs exist on both the federal and…

Field Sobriety Testing in Massachusetts Marijuana Cases

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In a recent Massachusetts case, the court considered whether field sobriety tests were admissible in situations in which the police believe a driver may have been driving under the influence of marijuana. The case arose in 2013, when the police watched a blue motor vehicle traveling south on Route 146 without its rear lights on. The police followed the car and activated their lights. The officer approached on the passenger side. There were three people inside:  the driver and two passengers. Smoke was in the car, and the officer smelled burnt marijuana when the window was rolled down. The officer also saw cigar tobacco on the floor and a cigar slicer on the key ring of the key that was in the ignition. The officer asked the driver for his license and registration. The driver gave the officer his license but said he didn’t have his registration. The officer asked him how much pot he had in the car, and the driver answered there were roaches in the ashtray. Two mostly…

"As DOJ rolls back monitoring of police conduct, more prosecutors should step up their efforts"

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From USA Today, via the NACDL news scan: Prosecuting people in cases with video evidence that points to possible police misconduct, would have moved Baltimore in the wrong direction. Mosby’s decision was ethical and works toward making Baltimore a safer...

"Why the rule of law suffers when we have too many laws"

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Ilya Somin has this interesting extended post at The Volokh Conspiracy. I agree with his diagnosis, though I think a robust mistake-of-law provision could achieve much the same end and might be easier to implement (though it would, of course,...

MN Supreme Court Won’t Hear Sex Offender Program Case

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We’ve been documenting the saga surrounding Minnesota’s sex offender civil commitment system for years now, and it appears that no firm resolution is in sight after the Minnesota Supreme Court ruled that they won’t hear a challenge to the program’s constitutionality. If you remember from our previous blogs on the subject, Minnesota’s current sex offender reformation program is in shambles. The current system operates in a purgatory-like position where sexually dangerous offenders are confined to a treatment facility after they’ve been released from prison. There’s no doubt that individuals deemed sexually dangerous should receive help after their jail time, but the current system lacks a true treatment plan with stages that offenders can progress through. Instead, they are forced to stay in the treatment facility with no definite treatment progression plan, and little hope of ever leaving the program. Minnesota doesn’t even…

Let Squawk Do The Job

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The client is the job. Without the client, you are not an attorney. You are an unemployed person with an expensive law degree. You exist as a lawyer for the benefit of those The job is taking care of the client. Not “social justice.” Not “justice.” Not even “clients.” The job is the client, singular. Usually, if you are a criminal-defense lawyer, the job is maximizing the client’s freedom. If, in representing the client, you think for a moment about being guided by anything—the interests, for example, of society—other than the client’s interests you have a conflict of interest. That’s not catastrophic. We often have conflicts of interest—sometimes I’d rather be reading a good book than writing a brief—and we resolve them in the client’s favor. Yes, Tai-Pan is engrossing, but the H.C.V. brief needs writing. So I write. If you think it’s okay to put your own interests before your…

The Chokehold Issue

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Barry Latzer has this article in City Journal on the Eric Garner case.This is a classic situation of the law as written versus the law as applied. Legally speaking, to hold Panataleo accountable for a chokehold smacks of an ex post facto law (or its due-process equivalent): punishment for acts not clearly prohibited at the time that they occurred. Or, to use a sports analogy, penalizing Pantaleo for this offense would be moving the goalposts. Because the Garner case, tragically, led to a death, and because it was racially charged and heavily covered in the media, Pantaleo faces sanctions for conduct that has not been seriously punished in the last two and a half decades. And that's simply unfair.
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