The search warrant for child pornography was not stale, based on the officer’s experience. [Since no case has ever found staleness in child pornography cases, why don’t they just cut to the chase and take judicial notice?] United States v. … Continue reading →
D.Kan.: CP SW not stale
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Michigan’s Prison Population Hasn’t Been This Low Since The 90s!
There are fewer people behind bars in Michigan now than there have been in the last 20 years! It’s a widely known fact that the US puts more people behind bars, per capita, than any other nation on earth. As if that isn’t scary enough, Michigan has one of the highest incarceration rates in the country. In fact, according to a report from the Annie E. Casey Foundation, Michigan is tied with six other states for the third highest parent incarceration rate. Only Kentucky and Indiana have higher rates. But it seems our new “smart justice” approach may just be paying off… Senator John Proos recently shared some amazing news. A recent report apparently shows that Michigan’s prison population has actually dropped below 40,000 for the first time in over 20 years! Incredible, isn’t it? As a state we’re known for our tough-on-crime stance when it comes to sentencing, and if there’s one thing we aren’t known for…
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Preparing for a Family Law Matter
One of the more difficult realizations that a person has is that they are no longer able to control the circumstances that surround their home life. One of the few areas, where people expect to be on top of things, suddenly gets turned upside down. This the first stage realizing and recognizing that there are things within your life that may be outside of your control. The honest truth, it is something that many more people go through than you think. Once you identify and accept that it may be something a little outside of your abilities, then you can begin to seek out external help. If you think your familial situation is one that requires legal help, then there are other things that you may want to consider. What is the impact of this going to be? How will it affect my finances, my kids, or my personal life? Is this something that I want to, or even can, handle on my own? A lot of questions arise when choosing to seek out legal help, and many of them are things…
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10 Die in Illegal Alien Smuggling for Profit Scheme
A man suspected of assisting in transporting illegal aliens into the United States for profit and without regard for their safety entered a plea of guilty at his arraignment on Monday. As stated in court records, on July 23, 2017, San Antonio Police investigated a call leading them to a tractor-trailer parked behind a Walmart. Several illegal aliens were discovered standing while others were lying near the back of the trailer, and 61-year-old James Matthew Bradley Jr. was in the driver’s seat. Among the 39 people found by police four of them were unaccompanied minors between the ages of 14 and 17. Eight of the aliens were found deceased in the trailer and two died later in the hospital. The illegals interviewed claimed the trailer carried up to 200 people during the course of the transit, and cited varying amounts Bradley had charged for the transportation services. Bradley affirmed that these allegations were true. He is being held pending sentencing on January 22, 2018…
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Lu on Sentencing
Jack Lu (Boston University - School of Law) has posted Sentencing ‘Best Practices’ a Must Read for the Criminal Bar (Massachusetts Lawyers Weekly Boston, Massachusetts, July 28, 2017) on SSRN. Here is the abstract: This short article provides a quick...
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Jury Refuses to Convict in Bundy Ranch Standoff
Earlier this year, a federal jury in Las Vegas refused to convict defendants from the Bundy clan for their alleged roles in armed standoffs. In another stunning setback to federal prosecutors, the jury acquitted Cliven Bundy, Ricky Lovelien, and Steven Stewart of all 10 charges, and delivered not-guilty findings on most charges against Scott Drexler and Eric Parker. Back in 2014, Cliven Bundy made national headlines after his family engaged in an armed standoff with federal agents when they tried to take his cattle that were illegally grazing on public lands. Some of the charges the defendants faced included threatening federal officers and brandishing a firearm against them. Prosecutors began retrial in July after their first attempt to prosecute resulted in a failure to reach a jury verdict against Drexler, Parker, Lovelien, and Stewart. The judge then ordered Lovelien and Stewart to be freed immediately and declared a mistrial for Drexler. Only defendants Gregory Burleson of…
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Another Reason Not to "Dine and Dash"
Kim Chatelain reports for the New Orleans Times-Picayune:An effort to avoid paying a $7.41 bill at a Waffle House in tiny Pearl River has led to the arrest of two out-of-state men and the discovery of a sophisticated interstate identity theft scheme that is now being investigated by the U.S. Secret Service.* * *Upon investigation, police discovered and seized from the two suspects several fake identification cards, counterfeit credit cards and credit card skimming devices. Also found was a Waffle House ticket for $7.41, police said.The investigation further revealed that Stephens and Brown were recruited and hired by an unidentified person and had been flown into Louis Armstrong International Airport from different states. The two suspects rented the U-Haul in New Orleans East and are alleged to have installed credit card skimming devices in gas pumps at stations in the area, police said.* …
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What Happens When You Are Arrested for a DUI
The post What Happens When You Are Arrested for a DUI appeared first on The Martin Law Firm, P.C.
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Actor Aziz Ansari Is Innocence Project’s Newest Ambassador
Award-winning actor, writer, filmmaker, author, and comedian Aziz Ansari—widely acclaimed for his work on Parks and Recreation and Master of None as well as his sold-out stand-up specials—has become Innocence Project’s newest celebrity ambassador. “We are beyond thrilled to have Mr. Ansari join our network of Innocence Ambassadors,” said Maddy deLone, Executive Director of the Innocence Project. “His immense talents and passion for social justice are a welcome addition to our work of freeing the innocent. We look forward to working together to make more people aware of the deep flaws in the system and how it can be improved.” Ansari, from South Carolina, graduated from the New York University Stern School of Business with a major in marketing and also found time to pursue his interests in performing. He joins a roster of Innocence Ambassadors that has grown steadily since 2016 to include such names as actors…
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Thursday Open Thread
Here's a new open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Chacon on Criminalizing Immigration
Jennifer M. Chacón (University of California, Irvine School of Law) has posted Criminalizing Immigration (1 REFORMING CRIMINAL JUSTICE: INTRODUCTION AND CRIMINALIZATION (Erik Luna ed., 2017)) on SSRN. Here is the abstract: Over the past two decades, criminal justice systems at...
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F-Bombs Litter The Courtroom And Elsewhere
Judge Anthony Ferrara, a Manhattan judge, was demoted following a heated argument with another judge. Ferrara started throwing “expletive deleted” in the courtroom. Ferrara, who had planned on retiring in November, was banned until he retires. Judge Felicia Mennin was hearing a series of narcotics and gun arraignments in Manhattan’s Supreme Court on October 11 when Ferrera barged in demanding help in finding an AWOL attorney. Mennin guided Ferrera to a side room, but the chat didn’t stay private as voices escalated and Ferrera began his string of profanities which are usually considered NSFW (not safe for work). “F—— you,” Ferrera spat at Mennin. “F— you too,” Mennin responded. Ferrara will be busy with “chamber work” until his November 8 departure. Ferrara isn’t the only grunting gerontological guy to make news with his language. De Niro Goes Beserk…
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Deportation and conditional sentences: the case of R. v. Tran
Deportation, appeals, and conditional sentences as "terms of imprisonment" - the case of R. v. Tran In 2013, Than Tam Tran, was convicted of producing marijuana contrary to Controlled Drugs and Substances Act. At the time of his conviction, the offence for which the was charged carried a maximum sentence of 7 years imprisonment. After [...]
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Is the Schock Case Unraveling?
It's not every day that a federal district judge accuses the government of misleading the Court and demands corrective action. But it's happening in the Urbana Division of the Central District of Illinois. I posted here in March regarding the...
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Can Family Counseling Help with Domestic Violence
Couples and family counseling can be an excellent tool to address specific problems that affect the psychological health of the family. Counseling can be particularly helpful when a family experiences a stressful event together, such as the death of a loved one or financial strain. A professional counselor can effectively help a family that is being impacted by issues such as substance abuse, chronic illness, depression, or even everyday stress and communication problems. Counseling can be a healthy solution for families looking to overcome issues and learn to effectively communicate with one another. Fortunately for those in Denver, Colorado, the area is home to qualified counseling professionals. On the surface, it seems that family counseling would be an optimal solution for a family suffering from domestic violence issues. However, this may not be the case. In some instances, couples counselors will even refuse to hold counseling sessions with both parties of a domestic…
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Bloch-Wehba on Exposing Secret Searches
Hannah Bloch-Wehba (Yale University - Yale Information Society Project) has posted Exposing Secret Searches: A First Amendment Right of Access to Electronic Surveillance Orders (Washington Law Review, Forthcoming) on SSRN. Here is the abstract: Although, as a rule, court proceedings...
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DE: 14 yo could consent to entry to look for missing person
The search of the house was valid both by apparent authority to consent and the emergency aid doctrine. The victim was missing, and the consenter was a 14 year old with a key. The consent was solely to look for … Continue reading →
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Injury Crash WB US2@2.3, Oldtown
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: Please direct questions to the District Office On October 19, 2017 at approximately 11:16 a.m. an injury crash occurred on US 2 at milepost 2.3, Oldtown, Idaho. A white 2001 Toyota Camry driven by Tina L Carstens-Boone, 55, of Usk, Washington was traveling westbound when Carstens-Boone failed to maintain her lane and went into the eastbound lanes, where the vehicle rolled down a small embankment landing on its top. Carstens-Boone was partially ejected from the vehicle. She was air lifted to Kootenai Health as a result of her injures; she was not wearing a safety belt. Family has been notified and the investigation is ongoing. <ARA> -------------
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Javier Baez, Bubbles and Colin Kaepernick
It’s pretty clear that discovering bubbles is one of the joys of childhood. When it comes to soap bubbles they will run after each bubble and try to catch or step on them. At other moments they will simply watch in wonder as bubbles drift into the heavens or giggle as they are sprayed when […]
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Cohabitation Must Occur at the Time of Filing the Motion to Terminate
Scott v. Scott, Cohabitation, and Alimony Cohabitation has to be happening at the time a motion to terminate alimony is filed; not in the past.In a recent alimony case, Scott v. Scott, the Supreme Court of Utah decided whether a former wife’s alimony payments were to be terminated, under Utah Code Ann § 30-3-5(10), because of his ex-wife’s cohabitation with her boyfriend. The district court concluded, and the Utah Court of Appeals affirmed, that Jillian Scott’s cohabitation with her boyfriend terminated her alimony payments terminated. The Supreme Court of Utah reversed. Section 30-3-5(10) provides that “alimony to a former spouse terminates upon establishment by the party paying alimony that the former spouse is cohabitating with another person.” The former wife argued that to terminate the alimony obligation under the statute, her former husband had to show that his ex-wife’s cohabitation occurred at the time when he filed his motion…
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