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Huskey on Justice for Veterans

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Kristine A. Huskey (University of Arizona - James E. Rogers College of Law) has posted Justice for Veterans: Does Theory Matter? (59 Arizona Law Review 697 (2017)) on SSRN. Here is the abstract: The Veterans Treatment Court (“VTC”) movement is...

Idaho State Police Road Safe November 11th

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The Idaho State Police will be holding a Road Safe Class for the 2017/2018 winter driving season on Saturday, November 11, 2017 from 9:00 a.m. to 12:00 p.m. The class will be held at the Idaho State Police District 1 Office located at 615 West Wilbur Avenue in Coeur d Alene (Meeting Room A & B). This is the fifteenth year this award-winning program has been offered to the public. This is presented in a classroom setting designed to educate drivers of all ages (teens, adults and seniors), on the typical problems associated with winter road conditions in Idaho. The class consists of a PowerPoint presentation and video giving safe driving tips, as well as suggestions to prepare for the winter driving season. Other topics discussed will be how to deal with aggressive drivers, DUIs, and other driving problems and situations encountered on the roadways. The class will last for approximately 3 hours. There is no cost for the class. PLEASE CALL (208) 209-8620 Monday - Friday 8…

LUÍS GARCÍA MIRÓ ELGUERA - ¡Dios mío! Y llama terrorista a quienes cumplieron 25 años presos, ¡¡el terrorista es él!!

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http://www.expreso.com.pe/opinion/luis-garcia-miro-elguera/quien-paga-las-demagogias-luis-garciamiro-elguera/ ¿QUIÉN PAGA LAS DEMAGOGIAS? “…..Hasta coberturas como EsSalud. Incluso la SBS considera que el saldo del fondo pensionario -4.5 %– que no puede retirar el trabajador debería destinarse a cubrir su cuota del seguro social para, cuando menos, tener un respaldo. Para ello el Congreso debe promulgar una nueva ley. Pero se oponen parlamentarios como Yonhy Lescano, impulsor de la norma que ha generado este peligrosísimo retiro del fondo privado de pensiones”. “Es más, el fondo de las AFP constituye la mayor fuente de ahorro nacional. Pero ni por eso los demagogos dejan de dar normas infelices, como aquella que comentamos”. “A todo esto, la bacteria populista que afecta a buena parte de nuestra fauna política no mueve una ceja para protestar por la estafa, explotación…

Convicted Sex Offender Dead After Stabbing Sequoyah County Deputy

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10-20-17 Arkansas: SEQUOYAH COUNTY (KFSM) -- A convicted sex offender was killed after stabbing a Sequoyah County deputy in Muldrow Friday (Oct. 20). According to Sheriff Larry Lane, a deputy was taken to Sparks Regional Medical Center with stab wounds. Investigators said he was stabbed in the arm and chest and will be released after he is treated. His name has not been released at this time.

Felony Domestic Battery Charges

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As a criminal defense lawyer, I often defend charges of domestic battery.  Typically, I receive a call from either the person arrested in a domestic battery case or the alleged victim calling on behalf of the person arrested, usually her boyfriend, who is in jail.  If it’s the latter, they usually inform me they would like to have the case dropped.  Unfortunately, many times the State will proceed with the prosecution regardless of the alleged victim’s desires. Many domestic battery cases result in misdemeanor charges where the range of penalties include up to one year in the county jail. Some domestic battery situations, however, result in felony charges.  This article will discuss the four most common felonies I typically encounter while representing people involved in a domestic dispute. The first of these charges is felony battery.  Felony battery is defined by Florida Statute section 784.041(1) as intentionally touching or striking…

BAIL REFORM REGARDING DOMESTIC VIOLENCE

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Detention Hearings and Risk Assessment Hearings NEW JERSEY’S BAIL REFORM AND SPEED TRIAL ACT Since January 1, 2017, New Jersey took a major step to transform its bail system, moving it from what some considered an unfair monetary-based system – which favored the wealthy and punished the poor – to a new deal, based on risk: This new calculation factors in arguments from prosecutors, defenders and a computer algorithm to let a judge decide whether or not an accused citizen will show up for court, or repeat their crimes if let out on bail. This has had a profound effect on how Domestic Violence cases are handled in New Jersey.  This new system is proving to be efficient, but it still has its complications. Continue reading →

Ability to Drive Regardless of Alcohol Is Not a Defense to DWI in New Jersey

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The statute defining driving while intoxicated (DWI) in New Jersey establishes two ways for prosecutors to prove guilt. First, they can prove beyond a reasonable doubt that a defendant “operate[d] a motor vehicle while under the influence of” alcohol or drugs. Alternatively, they can show that a defendant operated a motor vehicle while their blood alcohol content (BAC) was 0.08 percent or higher. Despite the common name of the offense, however, the statute says nothing about “intoxication.” It also omits another word commonly used in discussions of DWI, “impairment.” All the way back in 1964, the New Jersey Supreme Court ruled in State v. Johnson that a defendant’s actual impairment is not an essential element of DWI, and the ability to drive safely anyway is not a defense. Operating a motor vehicle with a BAC of 0.08 percent or higher is sometimes known as DWI per se, since the BAC evidence effectively creates a legal presumption of…

Note to Florida Defendants: Don’t Try to Crowdfund Your DUI Restitution

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In cases that result in drunk driving convictions, a judge may assign varying penalties, depending on things like defendant’s prior criminal record and whether anyone was injured.  In some cases that result in direct injury to another person, the court may order restitution. This is money paid by defendant to the victim in order to compensate for certain losses. It is separate and apart from any civil liability action that may be taken by victim(s). Victims can sue a drunk driver in civil court to obtain compensation for things like medical bills, lost wages, loss of life enjoyment, pain and suffering, etc. The circumstances under which restitution may be compelled are spelled out in F.S. 775.089. If a judge in a criminal case orders you to pay restitution, it would be unwise to seek the public’s help in paying it. The reason is that while the intention is to compensate the victim, criminal courts are concerned with penalizing poor choices. That means the…

New fentanyl conspiracy charges in North Dakota and Mississippi

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Fentanyl conspiracy charges were filed this week after federal grand juries in Mississippi and North Dakota charged two Chinese nationals and their American and Canadian associates with allegations of importing… read more → The post New fentanyl conspiracy charges in North Dakota and Mississippi appeared first on Pate & Johnson Law Firm.

Sterner Days for Texas Free-Speech Law

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Situation excellent: On Wednesday the Texas Court of Criminal Appeals affirmed the Beaumont Court of Appeals in Leax v. State. When the Court of Criminal Appeals granted discretionary review on Leax, I thought it would be the culmination of almost four years of fighting that began with this post after I realized that section 33.021 of the Texas Penal Code, in which the Texas Legislature created a constitutionally valid offense in subsection (c) and then eliminated one of the elements that made it constitutional in subsection (d), was not constitutional. The first litigation was in a case called Wheeler. I filed a habeas petition in the trial court in June 2014. The trial court denied relief, we appealed, and the First Court of Appeals allowed oral argument in April 2015. Oral argument went well, I thought—I wrote then that the opinion would “at least apply the correct standard of review,” that is, strict scrutiny. Here’s the argument: …

DUI Defense Seminar – Las Vegas – October, 2017

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A few hours before the Las Vegas shooting, I checked-in at the Monte Carlo, four ‘doors’ down from Mandalay Bay. I was there to attend the DUI defense seminar presented by the National College for DUI Defense (NCDD). The desk clerk said the Monte Carlo was being renovated (no pool, no spa, nearly no restaurants), and she offered to move me to Mandalay Bay. I decided to stay at the Monte Carlo and just use the pool at Mandalay Bay. My body was still on Ohio time, so I was going to bed when the shooting started. I was aware there was a lot of noise (apparently, the Monte Carlo was locked-down), so I put in earplugs and went to sleep. The next morning, I woke up and learned the nation’s largest mass shooting took place just down the Strip. Still on Ohio time, and traveling with an Ohio police officer, I walked down to the area. Witnesses were returning from police interviews: draped in hotel towels, crying, and wearing outfits obviously selected for a country…

Southbound traffic on I-15 blocked in Idaho Falls

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 10/21/17 - 1:20 p.m. Please direct questions to the District Office Idaho State Police is currently investigating a crash on Interstate 15 near the Pancheri Dr. overpass in Idaho Falls. The southbound lanes of travel are blocked while crews work to clean up the scene. Units from the Bonneville County Sheriff's Office and Idaho Transportation Department are diverting traffic off the Interstate at the Broadway and Grandview exits. It is expected that the road will be cleared within the hour. 3318 -------------

Blocking crash EB I90 at milepost 30

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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: 10/21/17 12:40 p.m. Please direct questions to the District Office The Idaho State Police is currently on scene of a blocking semi-truck crash on I90 at milepost 30 eastbound, on the east side of 4th of July pass. There is one lane blocked both eastbound and westbound at this location. Expect delays if you are traveling through this area. 2924 -------------

**UPDATE** - Lanes open - Southbound traffic on I-15 blocked in Idaho Falls

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 10/21/17 - 1:45 p.m. Please direct questions to the District Office **UPDATE** The tow truck has removed the crashed vehicle and the lanes have been cleared. Traffic should begin flowing shortly. The driver in this crash was not injured. **END OF UPDATE** 3318 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Idaho State Police is currently investigating a crash on Interstate 15 near the Pancheri Dr. overpass in Idaho Falls. The southbound lanes of travel are blocked while crews work to clean up the scene. Units from the Bonneville County Sheriff's Office and Idaho Transportation Department are diverting traffic off the Interstate at the Broadway and…

The art of making candles has been around since primitive times

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The art of making candles has been around since primitive times. Of course, as time went by they become much different in design than what they were back then. In the early days, candles were a necessity for heat and light. Today they serve as decorations, wonderfully smelling mechanisms in our homes, and offer light for romantic dinners and baths.The first known use of candles is not completely known. The remains of clay candle holders that date back to 4 BC have given us the knowledge that they have been in use for a very long time. Those clay candle holders were found in Egypt. Candles were also used in ancient times in both China and Japan. These candles were made of wax extracted from insects and seeds. The taper candles of India were made from the wax extracted from boiled cinnamon. Candles are not known to exist in American until 1 AD. It is believed Native American’s burned oily fish and the back of the Cerio tree. When settlers came to New England,…

AS CONSEQUÊNCIAS DA EJACULAÇO PRECOCE NO HOMEM

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É entendido pelos terapeutas sexuais um problema quando, o que era pra ser um ato prazeroso, acaba gerando frustraço. Se ocorreu, porém poucas vezes, no é o suficiente para ser diagnosticado como um quadro de ejaculaço precoce. Ela só se comprova quando a situaço é recorrente na vida do homem.Para quem sofre sempre com os sintomas da ejaculaço precoce, consegue perceber a disfunço mesmo durante a masturbaço. Isso pode provocar prejuízos sérios na qualidade de vida, ao arruinar a vida sexual e colocar a segurança e autoestima em relaço ao potencial de masculinidade no cho. No é a toa que o problema está sendo tratado por organizações como um caso de saúde pública.A ejaculaço precoce, para muitos casos, pode contribuir para o desenvolvimento de outras disfunções devido à fatores psicológicos.…

**Update** Blocking crash EB I90 at milepost 30

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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: 10/21/17 12:40 p.m. Please direct questions to the District Office ***Update**** Idaho State Police has finished the investigation of the crash on I90 at milepost 30 eastbound, east side of 4th of July pass. However, the tow company is still on scene working on recovering the semi-truck. Traffic control is in place and one lane is open each direction. The estimated clean up time is 5 to 6 hours. The Idaho State Police is currently on scene of a blocking semi-truck crash on I90 at milepost 30 eastbound, on the east side of 4th of July pass. There is one lane blocked both eastbound and westbound at this location. Expect delays if you are traveling through…

OH8: 4A IAC claim requires defendant allege and offer proof of standing

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Defendant doesn’t allege any facts to support that he had standing such that a motion to suppress would be granted. Therefore, no IAC shown. State v. Musleh, 2017-Ohio-8166, 2017 Ohio App. LEXIS 4533 (8th Dist. Oct. 12, 2017).* Defendant’s 2255 … Continue reading →

WaPo: The Fourth Amendment and querying the 702 database for evidence of crimes

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WaPo: The Fourth Amendment and querying the 702 database for evidence of crimes by Orin Kerr: An interesting Fourth Amendment issue has come up in debates over the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act. This is … Continue reading →

S.D.Tex.: Third Leon test essentially shores up PC here

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The affidavit for the child pornography search warrant here was issued at least with a reasonable belief in probable cause under the third Leon test. [The court should have just found probable cause because it certainly looks like there is … Continue reading →
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