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Judge o' The Week: The Honorable Judge Harry Pregerson

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  I’m invoking author’s privilege to pay tribute to Judge Harry Pregerson, for whom I clerked. He passed away last week.   At the memorial service on Friday eloquent speakers struggled with their tasks before a huge (and teary) crowd. Think of that that trope of blind men describing their parts of an elephant – it was a life far too big to take in with any one grab. I’ll therefore mull one small corner of the Pregerson pachyderm: Harry the Judge.  In the Ninth the senior active member of a three-judge panel assigns the job of writing the majority disposition. That senior judge can accordingly horde a juicy plum of an opinion to write for themselves. Appointed by Carter in 1979, the very senior Judge Pregerson often controlled this valuable power of the pen.  So what high-profile appeals did he assign himself to write?   Inevitably, he took the Social Security benefit cases, the immigration appeals, the guideline…

Juan de la Puente contra Evo Morales jajajajaj!!!!

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http://larepublica.pe/politica/1152324-evo-morales-por-siempre Ayer sábado Alfredo Bullard comentó la interpretación de la Corte Suprema de Bolivia sobre la rerelección de Evo Morales señalando el sinsentido del fallo, hoy De la Puente hace lo mismo y anota adicionalmente, como una locura jurídica que los Magistrados declaren inconstitucional su propia Constitución y muy suelto de huesos analiza el artículado de la CIDH que sirvió de fundamento a los jueces supremos bolivianos quienes finalmente concluyeron que es el pueblo quién con su voto decidirá la permanencia del Presidente o elegirá a otro. Los Convenios o Tratados internacionales que suscriban las naciones se incorporan a la legislación del Estado firmante como normas "supranacionales" es decir se preferirán incluso sobre la Constitución del Estado que sea. En cconsecuencia, todo lo que derive de…

The Last Thing A Suicidal (Or Anyone) Person Needs

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When all you have is a hammer, and you’re Facebook, what could possibly go wrong? This is software to save lives. Facebook’s new “proactive detection” artificial intelligence technology will scan all posts for patterns of suicidal thoughts, and when necessary send mental health resources to the user at risk or their friends, or contact local first-responders. By using AI to flag worrisome posts to human moderators instead of waiting for user reports, Facebook can decrease how long it takes to send help. By “send help,” Facebook means call the cops. Facebook’s hammer is artificial intelligence. The cops’ hammer is deadly weapons. The option of sending “mental health resources” is easier said than done, as there aren’t any for the most part, and “local first-responders” tend not to be the local suicide hotline roadshow. They tend to be the cops. But all of this begs the question: how will…

Northern Virginia DUI lawyer urges fighting such charges tooth and nail

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Northern Virginia DUI lawyer urges fighting such charges tooth and nail Northern Virginia DUI charges and all Virginia DUI cases should be fought tooth and nail. As a Fairfax criminal lawyer, I know the fallout from a Virginia DUI conviction, including loss of liberty through possible jail time and through probation supervision (and, therefore, risk of future jail for any probation violation finding); loss of driving privileges with stingy restricted driving privileges with the ignition interlock when granted; risks to security clearances; risks to such professionals as military members, police officers and health care professionals; risks to non-United States citizens; and harm to one’s reputation. Virginia DUI charges call for obtaining a qualified defense lawyer If all of the above were not enough reason fully to fight Virginia DUI/DWI charges, Virginia also is the land of severe jail and license loss penalties for repeat DUI convictions and for designated elevated…

How Creditors Can Get Payment from an Estate

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Creditors have a right to payment even after a debtor has passed away. They can exercise this right by filing a claim against an estate. If there are sufficient assets in the estate, the creditor is entitled to receive payment before any heirs receive their inheritance. The Claims Process The personal representative of the estate must give notice to creditors of their right to present claims in one of two ways, depending on the type of creditor. § 28A-14-1. First, the personal representative must post a public notice in a newspaper published in the county of the probate court. If there is no newspaper in the county, then the notice must be posted at the courthouse and at least four other public places. For creditors that are actually known or can be reasonably ascertained by the personal representative, notice must be personally delivered or sent by first class mail to the last known address of each creditor. The creditors will then have a specified period of time to file…

A Lawprof’s Head Turner

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If there is anyone Stanford lawprof Michelle Dauber hates more than Judge Aaron Persky, it’s former Stanford swimmer convicted sex offender Brock Turner. Turner is appealing his conviction, as is his right. Brock Turner, the former Stanford University student and champion swimmer who was found guilty in March 2016 of sexually assaulting an unconscious woman on campus, is appealing his conviction. A 172-page brief filed on Friday by Mr. Turner’s lawyer, Eric Multhaup, said Mr. Turner did not get a fair trial for several reasons, including the exclusion of testimony by character witnesses who spoke of his swimming career and his performance in school and attested to his honesty, the appeal said. That’s a rather long brief, making the word “brief” seem somewhat incongruous. Whether it’s got merit or not has yet to be seen. The issues raised go to the conviction, whether Turner was denied due process and prevented from offering his defense. An…

E.D.Va.: Corrected typo on SW’s execution date was proper and didn’t void warrant

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There was a typo on the warrant when created by the Magistrate. It said it had to be executed by “June 13” but it was issued after that and obviously should have said “July 13.” The error was caught by … Continue reading →

Injury Crash Lapwai Road

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: On 12/2/2017 at approximately 10:53 p.m. an injury crash occurred on Lapwai Road at milepost 1, in Nez Perce County, Idaho. A green 1998 Jeep Cherokee driven by Toni M Simpson, 46, of Lapwai, Idaho was traveling near the junction of Lindsay Creek road when she lost control of her vehicle. Ms. Simpson drove into the ditch, causing the vehicle to roll several times coming to rest on a private roadway. Ms. Simpson was not wearing a seatbelt. Ms. Simpson was transported to St Joseph's hospital in Lewiston. Investigation continues by the Idaho State Police. 3537 -------------

Top 60

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Anuj Agarwal <agarwal.anuj@feedspot.com>Dec 2 (1 day ago)to meHi JUSTICE BUILDING BLOG Team,My name is Anuj Agarwal. I'm Founder of Feedspot.I would like to personally congratulate you as your blog JUSTICE BUILDING BLOG has been selected by our panelist as one of the Top 60 Criminal Justice Blogs  on the web.https://blog.feedspot.com/criminal_justice_blogs/I personally give you a high-five and want to thank you for your contribution to this world. This is the most comprehensive list of Top 60 Criminal Justice Blogs  on the internet and I’m honored to have you as part of this!Also, you have the honor of displaying the following badge on your blog. Use the below code to display this badge proudly on your blog.https://blog.feedspot.com/criminal_justice_blogs/" title="Criminal Justice…

W.D.Mo.: Knock-and-announce didn’t apply to an open door; plain view reasonable, but wife’s consent was vitiated by threat of jail if she didn’t sign form

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Officers came to defendant’s house both on a call about the welfare of children living there and with a pre-existing warrant for defendant’s arrest. They encountered one of the children outside taking trash to the street and determined that defendant … Continue reading →

CA7: Nolo plea after losing suppression hearing is collateral estoppel

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A state multiday suppression hearing was denied, and that led to defendant’s nolo plea to the charges. Then he sued in federal court. When collateral estoppel was invoked, he argued that the plea vitiated collateral estoppel. It didn’t. Derrick v. … Continue reading →

OH2: Two on nonconsensual encounters: one in an ER, one on def’s own property

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The officer’s encounter with defendant in the ER initially asking if he had “any drugs or weapons” was not consensual. “The trial court concluded that Officer West’s encounter was not a consensual encounter. The trial court emphasized that West approached … Continue reading →

WaPo: House Intelligence Committee passes spy-bill renewal, but on party lines

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WaPo: House Intelligence Committee passes spy-bill renewal, but on party lines by Karoun Demirjian: The House Intelligence Committee passed a bill Friday to restrain the government’s access to data collected under a powerful authority to collect foreign intelligence on U.S. … Continue reading →

Looking into labor employment law issues in an era of marijuana reform

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An important and enduring issue, and one being covered by a student presentation this week in my Marijuana Law, Policy & Reform seminar, concerns labor and employment law in the era of state marijuana reforms. Here are an array of materials assembled by this student as background on this topic:...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/dSb1LctiapQ" height="1" width="1" alt=""/>

LOSING YOUR LICENSE: THE CONSEQUENCES OF THE IMPLIED CONSENT LAW

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When you are facing a DUI prosecution, you need to be concerned about your driver’s license. There are two basic and very different concepts that you need to understand. First, driving is a privilege. It is not a right. Whether or not you physically lose or have your license confiscated by police, the issue is your privilege to drive, not the possession of your physical license. Second, the criminal prosecution for the DUI is separate from the administrative hearing designed to deal with your issues at the Department of Motor Vehicles (DMV). YOU MUST TIMELY REQUEST A HEARING If you are stopped for a DUI, officers have the discretion to initiate the proceeding to begin your license suspension. If the officers physically take your license, then they should provide you two documents: one is a temporary driver’s license, and the other is your notice of suspension pursuant to the “admin per se” hearing as set forth in ARS…

Injury crash Lapwai Rd ** Update **

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: ** Update ** Ms. Simpson passed away 12/3/2017 at 6:40 am at St Joseph's hospital. On 12/2/2017 at approximately 10:53 p.m. an injury crash occurred on Lapwai Road at milepost 1, in Nez Perce County, Idaho. A green 1998 Jeep Cherokee driven by Toni M Simpson, 46, of Lapwai, Idaho was traveling near the junction of Lindsay Creek road when she lost control of her vehicle. Ms. Simpson drove into the ditch, causing the vehicle to roll several times coming to rest on a private roadway. Ms. Simpson was not wearing a seatbelt. Ms. Simpson was transported to St Joseph's hospital in Lewiston. Investigation continues by the Idaho State Police. 3537…

Presidential Pardon Might Not Help Michael Flynn

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Article II, Section 2, clause one, of the Constitution, dealing with the powers and duties of the President, provides that he or she “shall have the power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”   Former National Security Advisor Michael Flynn has entered into a plea agreement with Special Counsel Robert Mueller. That agreement requires the former head of the Defense Intelligence Agency and former military lieutenant general to provide information about any real or potential criminal wrongdoing against President Donald J. Trump, his family, his White House inner circle, and his former campaign staffers.   Very, Very, Very Bad   Michael Flynn not only knows which closet the skeletons are in but all their names, ranks, and serial numbers as well. Media outlets have already reported that the President upon learning about the Flynn plea deal said: “This is very, very, very bad.”…

Looking into challenges facing communities of color in the marijuana industry

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The final student presentation this year in my Marijuana Law, Policy & Reform seminar is looking at how communities of color are participating in the marijuana industry. Specifically, as the student has put it, the topic involves "an exploration of the hurdles communities of colors face when trying to break...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/F3jTF7ceMwE" height="1" width="1" alt=""/>

"Disproportionate Impact: An Impetus to Raise the Standard of Proof at Sentencing"

SCOTUS with a set of intriguing big and small cases as it winds down 2017 oral arguments

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