No one argues that Balthus wasn’t a great painter. No one argues that the 1938 painting in the Metropolitan Museum of Art isn’t a masterpiece. But that’s not enough to prevent demands for its removal. The artist, Balthasar Klossowsi de Rola, or Balthus, had used the model, Thérèse Blanchard, the daughter of a neighboring Parisian restaurant worker, over the course of three years, making 10 paintings of her beginning in 1936, when she was 11. The image in question features her at 12 or 13, with her legs bent and slightly apart, her eyes closed, her thoughts seemingly lost to fantasy. Her skirt is hiked up to reveal a red lining and a pair of white cotton underwear. Rather than rely on a description, the image speaks for itself. A petition was begun by former art history major Mia Merrill to censor (though she doesn’t see this as censorship) this painting because it sexualized a child. Balthus painted something wrong. On the face of it…
The Modern Art Of Pervs
↧
↧
MN Legislature to Reexamine State Law for Repeat Offenders
By now, everyone has heard of the Otter Tail County man who was facing his 28th DWI. The Minnesota man has a long history with law enforcement that includes 27 prior DWIs. He didn’t help his case when—after being pulled over by police—he refused to perform field sobriety tests and told the officer, “I am […] The post MN Legislature to Reexamine State Law for Repeat Offenders appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
↧
Testamentary Capacity Laws in North Carolina
Any person of sound mind at age 18 years or older may make a will in North Carolina. § 31-1. Most wills go through probate without any disputes or contested issues. However, in some cases there may be some disagreements over the validity of the will and which heirs be entitled to certain property. A will can be contested if the person creating the will lacked testamentary capacity or that the testator was improperly influenced by someone when creating the will. This situation usually arises in one of two scenarios: First, this can happen if there was a previous will that contradicted a later will. Heirs under the previous will may claim that the testator lacked capacity when creating the second will. Second, if an heir would inherit assets under North Carolina’s intestacy laws, but was disinherited under the will, they may claim that the will is invalid and that property should be distributed based on the intestacy laws. What is Testamentary Capacity? Testamentary…
↧
CA6: Turning off dashcam when drug dog arrived while “concerning” but not fatal to the dog sniff
CSLI was obtained by a warrant with probable cause defendant was involved in drug dealing, and that’s nexus between the cell phone and the crime. When the car was stopped, there was at least reasonable suspicion and the stop was … Continue reading →
↧
N.D.Cal.: Court reviews FISA materials in camera and concludes PC exists and the defense doesn’t get to see it
Defendant was indicted for attempting to provide material support to a terrorist organization, and the government notified the defense that it also had FISA gathered information. The court concludes that there was probable cause and the defense doesn’t get the … Continue reading →
↧
↧
Mass Lawmakers and MADD Push for Tougher Alcohol Ignition Interlock Laws
The winter holiday season is a time of year when many people are out on the roads after drinking alcohol, due to the all holiday parties and family festivities. This is one reason Mothers Against Drunk Driving (MADD), uses this time to push the legislature into crafting stricter laws related to drunk driving and drunk driving offenders. According to a recent news article from CBS Local Boston, that is exactly what MADD is doing this year. MADD is lobbying local lawmakers to require alcohol ignition interlock devices for first-time operating a motor vehicle under the influence of alcohol (OUI) offenders. Pursuant to the current law, these alcohol ignition interlock devices are only mandated for those who have been convicted two or more times for OUI. This current ignition interlock law can be found in the Massachusetts General Laws (M.G.L.) Chapter 90, Section 241/2. Alcohol Ignition Interlock Devices Continue reading The post Mass Lawmakers and MADD Push for…
↧
SH-33 Closed Due to Crash
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: Saturday 12/09/17 - 7:56 a.m. Please direct questions to the District Office Idaho State Police is currently investigating a crash on State Highway 33 near milepost 61. State Highway 33 is closed from about milepost 59 to milepost 71. More details will be provided when they are available. 3989/3632 -------------
↧
CARDONA TO WRAP UP AND JUDGES ON THE MOVE
The Cardona case moved along this past week, with a read back of the late Dr. Hyma's testimony as the medical examiner on the case. Up Monday: Dr Death herself: Chief ME Emma Lew will also testify. It's worth a look for a young lawyer, so stop on by. The appearance of the ME on the stand often heralds the ending of the prosecution's case. Insiders mumble that the state may rest on Tuesday. The Defense could rest the following day, and uhho....closings Thursday and the much feared "Friday Verdict" that long time and careful readers of the blog know is one of the things Rumpole says the good defense lawyer should avoid at all costs. COMINGS AND GOINGSVery quietly Judge Maria Ortiz, a long time fixture of DUIs and other misdemeanors on the Fifth Floor has left the REGJB replaced by veteran Judge Wendell Graham, who - and this is a rough guess, hasn't sat in the REGJB since the turn of the century or so. Judge Steven Millan will be a…
↧
Illinois Five-Year BAIID Law
A relatively new Illinois law requires that before a driver with more than one DUI conviction can be considered for full reinstatement, he or she is first required to drive on Restricted Driving Permit (RDP) with a Breath Alcohol Ignition Interlock Device (BAIID) for a five-year period. Unfortunately, this requirement applies even if the person has already served the minimum period of driver’s license revocation and was eligible to be considered for full reinstatement. The Illinois Secretary of State has chosen to apply this requirement to any person who applies for driving privileges after the effective date of the new law, January 1, 2016. Therefore, even if your DUIs occurred prior to this date, whether a month earlier or 30 years earlier, the new law applies to you. A RDP usually can only be issued for work, school, medical reasons or for child/elder care. Therefore, a problem arises if the person is eligible for reinstatement, but is required to first drive on the…
↧
↧
A.F.Ct.Crim.App.: Giving out Facebook ID and password over recorded jail call to get password changed was waiver of REP in Facebook page
Defendant’s telling someone in a recorded jail call that he knew was being recorded his Facebook ID and password so it could be changed. That was a waiver of his reasonable expectation of privacy in the information on his Facebook … Continue reading →
↧
Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Amicus Brief of Professor Orin S. Kerr in Carpenter v. United States, 16-402 Orin S. Kerr The George Washington University Law School Date Posted: 04 Oct 2017 1,353 2. The...
↧
Bad News for Bigots & Racists–Hate Speech is Now a Felony in Connecticut!
Bigots and racists can now be convicted felons in Connecticut. Last month, Connecticut enacted a new law that changed the charge of intimidation based on bigotry and bias from a misdemeanor to a felony. Lawmakers also imposed new minimum fines for some hate crimes, such as burning a cross. So if you’ve been arrested in Connecticut for Intimidation based on bigotry or bias under any CGS 53a-181 subsection, understand that the State of Connecticut can look for years of jail time if the accusations involve threats of violence against someone based on their race, religion, gender, disability or sexual orientation. What is a Hate Crime in Connecticut? As any of the best Connecticut criminal lawyers and attorneys understand, Connecticut Intimidation laws based on bigotry or bias under CGS 53a-181 are also known as “hate crimes.” Connecticut hate speech crimes are considered acts that are committed maliciously and with the intent to intimidate or harass a person…
↧
"Portugal’s radical drugs policy is working. Why hasn’t the world copied it?"
↧
↧
¿VOTO NO OBLIGATORIO o voluntario?
El ser humano es falible lo contrario sería igualarnos a Dios, deseo se tenga muy presente esta verdad. En facebook, un señor izquierdista Manuel Benza Pflucker opinó que el voto debe ser obligatorio porque sino "las masas" se irán despolitizando. Deseo compartir lo que escribí como respuesta a tal afirmación: A Manuel Benza Pflucker no le gusta que el voto deje de ser obligatorio porque entonces "la masa" más pobre se ira despolitizando. Seguramente ha leído muchos libros, cuenta con información de primera mano y demás estudios como análisis sobre el tema; este señor es izquierdista, bastante anciano, tal vez de mi edad, pero no tiene los pies sobre la tierra, "a la masa" es posición izquierdista, en mi opinión le interesa tanto como a un sordo escuchar "Patética", si realmente le importara a los humanos más…
↧
Fatality Crash near Arimo
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: Saturday- December 9, 2017 3:10 p.m. Please direct questions to the District Office On Saturday, December 9, 2017, at approximately 11:50 a.m., the Idaho State Police investigated a single-vehicle, fatality crash on Old US-91, just south of Arkansas Rd., near Arimo. Dianne Christiansen, 73, of Downey, was driving northbound in a 2008 Ford pickup. Christiansen drove off the right shoulder where she overcorrected. The pickup then crossed both lanes, went off the left shoulder and struck the embankment. Christiansen was not wearing a seatbelt and succumbed to her injuries at the scene. Next of kin has been notified. The crash is under investigation by the Idaho State Police.…
↧
Yesterday's criminal law/procedure cert grants
Issue summaries are from ScotusBlog, which also links to papers: Koons v. United States: Whether a defendant who is subject to a statutory mandatory minimum sentence, but who substantially assisted the government and received a sentence below the mandatory minimum...
↧
W.D.Mo.: During the knock-and-talk def was not “in custody” for Miranda purposes
During the knock-and-talk at defendant’s apartment, he was not “in custody” for Miranda purposes, and his statements could be used against him. United States v. Butler, 2017 U.S. Dist. LEXIS 201765 (W.D. Mo. Nov. 16, 2017), adopted, 2017 U.S. Dist. … Continue reading →
↧
↧
Dad who Injured 10-Year-Old Daughter in Crash Faces Charges
A father from Inglewood who was involved in a car accident allegedly caused by him driving under the influence of alcohol learned that he will face an upcoming trial for his charges. His 10-year-old daughter was a passenger in the front seat and she was initially reported in critical condition from the crash. On October 6 Gil Paul Hernandez was driving through Torrance in his BMW with his daughter in the car. He has been accused of causing an accident involving three vehicles. According to witnesses at the scene Hernandez was driving erratically and at a high speed, and frequently changing lanes in order to pass other cars. His BMW crashed into a Chevrolet Impala in front of him, and he was unsuccessful in his attempt to stabilize the BMW before making impact with a Toyota Camry traveling on the opposite side of the street. Officers arrived at the scene, and nearly an hour after the accident Hernandez agreed to breathalyzer tests which recorded 0.099 and 0.098 percent blood…
↧
How to Contest a Will in North Carolina
Potential heirs are sometimes surprised to find that they are not receiving the amount or type of property they anticipated from a deceased relative’s estate. If the decedent lacked testamentary capacity or was improperly influenced to change their will, there may be cause to bring an action to contest the validity of the will. North Carolina law requires that a person be of sound mind to create a will. If a person didn’t know what property they owned, who their heirs were, or that they were creating a will, they may have lacked testamentary capacity, which would render the will invalid. Who Can Contest a Will? Any interested party can contest a will within three years of the application of the will for probate. Typically an interested party is either someone who stood to inherit under a previous will or someone who would inherit under North Carolina’s intestacy laws if the will was declared invalid. If you would not inherit under the intestacy laws or a…
↧
Patterico: A Reasoned Perspective
While pretty much everyone but the badge-licking lunatics found the killing of Daniel Shaver and the acquittal of ex-Mesa Cop Mitch Brailsford an outrage. Patterico, who’s real life California prosecutor, Patrick Frey, did something few have the interest or capacity to do. He went through it in a detailed, thorough and, most importantly, thoughtful way. Unlike the #MeToo expressions of anger, this was illuminating. The online reaction has been that it was a “murder” and that the jury was insanely wrong. I’m not so sure about that. Maybe that view is right. Maybe it’s not. Many pieces ask you to make your initial judgment by showing you a video with very little additional context. I’m going to take a little different approach, and give you the context that the police officers were facing before I give you the video to watch. There’s method to his madness, and he put in a significant amount of effort in…
↧
More Pages to Explore .....
