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Dead People Commenting

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Turns out that dead people not only vote, they also comment on proposed federal regulations.  James V. Grimaldi and Paul Overberg report for the WSJ:A comment posted on the Federal Communications Commission's public docket endorses a Trump-administration plan to repeal a "net neutrality" policy requiring internet providers to treat all web traffic the same.Calling the old Obama-era policy an "exploitation of the open Internet," the comment was posted on June 2 by Donna Duthie of Lake Bluff, Ill.It's a fake. Ms. Duthie died 12 years ago.I have known that comment spam was a problem in rulemaking procedure since the California Department of Corrections and Rehabilitation tried to promulgate a lethal injection protocol and was deluged with tens of thousand of repetitive and usually irrelevant comments.*  I was not aware of the extent of fakery, though, until this excellent piece of investigative journalism.It is a federal felony to knowingly…

High-Stakes Litigation Results in Costs Award of $1.4 Million to Wife

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It wasn’t that long ago that family law was considered the “poor sister” of commercial and corporate litigation, labelled “pink collar” law and considered a less worthy pursuit than other areas of the law. Happily that characterization has been abandoned for some time and rightly so. Cases like Blatherwick v. Blatherwick 2017 ONSC 3968 (Canlii) and many others like it, point to the reality that family law embraces complex legal concepts including corporate valuations, off-shore assets with jurisdictional issues, and complicated income analysis, to name just a few. When you have family litigation where the wealthy spouse refuses to provide information and documents, lies and evades the truth, and enlists business partners to assist in the obfuscation, it is not unusual to see large costs awards levied against the fraudulent litigant. Blatherwick is a perfect example of such a case. Where there has been “reprehensible, scandalous, or…

CARDONA CLOSINGS II

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Update: MM is at closings... This is MM blogging from closings through Rumpole who is posting...follow me on Twitter @millennialme786Yermish comes out for the defense....slower than a snail. He apologizes for his voice...he mentions he doesn't have three hours of voice...he introduces a PD appellate lawyer at the table...he mentions the Magna Carta (the Magna Carta???) and then tells the jury they have listened to the evidence and have every right to be angry at Ana Cardona...First...I am disappointed in the defense. They should have come out firing and they did not. Second, it's a snooze fest closing and I'm not the only one saying it.Third...about ten minutes into hemming and hawing Yermish finally gets to the defense of his client that Cardona was a 19 year old uneducated single mother. These are the points he should have opened with (as per my trial ad profs). Site Feed

Don’t Drink and… Drone?

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Drones are probably one of the top gift options for your favorite tech junkie this holiday season. And, if you already own or know someone who owns a drone, you know how easy it is to have a few drinks, go out in the backyard, and let that drone rip through the air. However, according to a news report, piloting a drone under the influence of alcohol might become illegal in the Garden State. In fact, members of the New Jersey Senate met last week to discuss the situation. The Federal Aviation Administration (FAA) already has regulations regarding drunk droning, but New Jersey legislators want to strictly enforce their own rules to focus on public safety and possible criminal activities. In 2015, the New Jersey Department of Environmental Protection placed rules to ban drones in state parks. Potential offenses being talked about for operating a drone under the influence of alcohol include: Disorderly persons offense Six months in prison $1,000 fine Additionally, people who use a…

The Biggest Houston Prostitution Stings of 2017

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Texas authorities have flexed their legal muscles against prostitution in Houston over the past year. Take a look at some of the largest Harris County prostitution sting operations of 2017, and why local authorities are cracking down on related crimes. #1: Super Bowl LI In February 2017, at least 249 people were arrested on prostitution more > The post The Biggest Houston Prostitution Stings of 2017 appeared first on The Law Office of Matthew D. Sharp.

Monday Open Thread

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Bon Jovi finally makes it into the Rock and Roll Hall of Fame. I'm glad that Richie Sambora (who left the band a few years ago) is included. What's my favorite Bon Jovi song? This one, by miles. In other news, I refuse to get... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

A brief primer on forensic hypnosis

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In the November Reasonably Suspicious podcast, my colleague Amanda Marzullo and I discussed a capital case out of Dallas - Ex Parte Flores - in which the Dallas PD used hypnosis on the primary witness, who ultimately switched her story. She at first said a long-haired white man was the perpetrator before identifying a short-haired Hispanic man (Mr. Flores) at trial.On the podcast, we marveled that DPD had access to an on-staff hypnotist, wondering whether DPD might also consult Tarot card experts or palm readers? But Grits underestimated the level of official status that "forensic hypnosis" has achieved in Texas, by quite a bit! I'm putting these links up mostly for my own purposes, but thought Grits readers may also be interested, so here you go:For starters, to be clear, most states (28) do not allow hypnosis-influenced testimony to be admitted into evidence at all. Of the states that do, Texas has over the years had one of the more robust programs. The Texas…

USA Today Editorial: Trump Not Fit to Clean Toilets

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USA Today has an amazing editorial blasting Donald Trump today. “[A] president who would all but call Sen. Kirsten Gillibrand a whore is not fit to clean the toilets in the Barack Obama Presidential Library or to shine the shoes of George... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Questions and Resources about Searches of Cloud Storage

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If a law enforcement officer obtains a search warrant for a suspect’s cell phone, may the officer use the phone to access cloud storage to which it is linked? For example, may the officer click on the Dropbox icon on the phone’s home screen and see what’s there? This post asks several questions about the legal status of cloud storage. Most of the questions don’t have definite answers, as far as I know, but the post collects some helpful legal resources that lawyers, magistrates, and judges grappling with cloud storage questions may find helpful. Here’s my list of questions: Do users have a reasonable expectation of privacy in cloud storage given that they typically have password-protected accounts? Or does the third party doctrine apply given that the storage provider has control of the data? Do the storage provider’s terms of service impact the above question? Different providers have different terms, with some giving the provider great…

Write a Special Holiday Message to Innocence Project Client Eric Kelley

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Last month, just days before Thanksgiving, Innocence Project client Eric Kelley and his co-defendant Centurion client Ralph Lee were released from prison in New Jersey after spending 24 years of their lives in prison for a murder that DNA evidence proves they didn’t commit. Now, during the holiday season, both Kelley and Lee are delighted to be reunited with their families, but their journeys and challenges are far from over. While home, they await to learn whether the state will drop the charges against them or request a new trial. One thing that consistently encourages our clients is the welcoming embrace of the Innocence Project’s exceptional community of friends, partners, and supporters. This holiday season, join us in welcoming home Eric and Ralph by writing them a special holiday note. The Innocence Project will collect these encouraging messages and deliver them to Eric and Ralph in the coming weeks. Tell Eric and Ralph that you stand by them and…

Yes, Carjacking Is a Crime of Violence

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Today, the Ninth Circuit decided United States v. Gutierrez, No. 16-35582:The sole question presented by this appeal is whether the federal offense of carjacking is a "crime of violence" under 18 U.S.C. § 924(c). We hold that it is.Odd that the question can be asked seriously.  All the circuits to consider the question have decided it the same way.  See pages 5-6 for citations.The same panel decided in United States v. Werle, No. 16-30181 that "a Washington state conviction for felony harassment constitutes a crime of violence under the Federal Sentencing Guidelines."

Cyberstalking: A Frightening and Horrific Road to Domestic Violence

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Unfortunately, this may be a story that may hit entirely too close to home. As you most likely know, domestic violence victims have one thing in common. They all share or have shared some kind of relationship with the individual who has placed them in fear. Truth be told, the act doesn’t always have to be physical. In fact, under New Jersey law, cyberstalking is considered a predicate act of domestic violence. You may already have your own concerns. However, you may not even think you are entitled to some form of protection from the courts. After all, your body is free of visible signs of physical abuse. You are not covered with black and blue marks. Meanwhile, you haven’t been to the doctor to report the torture you live through every day. Quite simply, you should know that you are not alone. Nor, are your fears unwarranted. According to the Bureau of Justice Statistics, 14 out of every 1,000 United States residents has been the victim of some type of stalking.…

McCabe & Mr. Mueller: Where Are We Now?

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With apologies to the memory of Robert Altman. FBI Deputy Director Andrew McCabe wouldn't know a conflict of interest if it jumped up and bit him in the butt. He had no business supervising the Clinton Email investigation or the...

Montag & Sobek on Subjective Punishment

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Josef Montag and Tomáš Sobek (International School of Economics, Kazakh-British Technical University and Masaryk University - Faculty of Law) have posted an abstract for Subjective Punishment (In Marciano, Alain and Giovanni Battista Ramello (Eds.). 2019. Encyclopedia of Law and Economics....

E.D.La.: Not filing motion to suppress but joining in codef’s renewed motion to suppress was waiver

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Where one defendant didn’t file a motion to suppress but joined in a renewed motion to suppress of a codefendant, the motion is treated as waived. The procedure attempted circumvents Rule 12. Moreover, he doesn’t even have standing. United States … Continue reading →

***UPDATE***Fatality Crash on US-30 at milepost 207, west of Filer

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 12/14/2017 12:16 P.m. Please direct questions to the District Office ***UPDATE*** Jason Roberts has succumbed to his injuries. 4069/3490 ***END OF UPDATE*** On December 14, 2017 at approximately 2:21 a.m. the Idaho State Police investigated a two vehicle fatality crash eastbound US30 at milepost 207, near Filer. Thomas Stowell, 27, of Hagerman, was driving westbound in a Dodge Ram pickup pulling a horse trailer full of firewood. Jason Roberts, 64, of Twin Falls, was driving a semi-truck pulling two trailers of sugar beets eastbound US30. Stowell crossed left of center and collided head on with Roberts. It is unknown if Stowell was wearing a seat belt; he succumbed to his…

NYTimes: City Police Officers Are Not Reporting All Street Stops, Monitor Says

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NYTimes: City Police Officers Are Not Reporting All Street Stops, Monitor Says by Al Baker: More than two years into his tenure, a court-appointed monitor overseeing changes to the New York Police Department’s stop-and-frisk policies has found that some officers … Continue reading →

Tavis Smiley Suspended by PBS

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Tavis Smiley is angry at PBS, which he says performed a sloppy investigation of the harassment allegations against him, and then suspended him. Put simply, PBS overreacted and conducted a biased and sloppy investigation, which led to a rush to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Sanctuary City Cases Appealed

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This morning the Government appealed the final injunctions against the enforcement of Section 9(a) of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States," 82 Fed. Reg. 8799 (Jan. 25, 2017).  That subsection directs the Attorney General and the Secretary of Homeland Security to withhold Federal grants "to the extent consistent with law" from "jurisdictions that willfully refuse to comply with 8 U.S.C. 1373."The Government had previously appealed the grant of a preliminary injunction, but that appeal is mooted by the grant of the permanent injunction.

WA: Def counsel likely ineffective for not moving to suppress seizure attorney-client materials from jail cell

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Defendant showed potential for prejudice for defense counsel’s failure to file a motion to dismiss a jail search that recovered materials the defendant was preparing for defense counsel and thus protected by attorney-client privilege. Remanded for a hearing. In re … Continue reading →
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