Last Wednesday, a California man was accused of using the chimney of a local Citrus Heights pub and grill in an attempted burglary. On his way down the flue he became stuck and unable to proceed with his alleged plan. Jesse Berube, a regular customer at Loree’s Little Shack on Greenback bar and grill, allegedly tried to use the building’s chimney in order to enter the building after hours. Though the opening was less than 18 inches wide he managed to slide down the flue until he met with an unexpected 90-degree angle where he became lodged in the structure. 32-year-old Berube, having no way to free himself, managed to access his cellphone and called 911 for assistance. Citrus Heights police and the Sacramento Metro Fire Department dispatched to the scene to investigate the reported incident where they discovered Berube stuck down the chimney. Continue reading →
Man Gets Stuck in Chimney after Santa-Style Burglary Attempt
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New Technology Blamed for Distracted Driving Incidents
A recent Consumer Reports study examined how increasingly sophisticated in-car technology is contributing to distracted driving. In particular, the study looked at so-called “infotainment systems” such as touch screens and other types of dashboard controls. Whereas some technology is necessary for such things as adjusting the radio and temperature, the progression from simple knobs to […] The post New Technology Blamed for Distracted Driving Incidents appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Rejecting a Consent Release
Section 515(3) of the Code requires a justice to impose the least onerous form of release on an accused unless the Crown shows why that should not be the case. This is why bail hearings are sometimes referred to as “show cause” hearings. Criminal Code. Section 515(3) The justice shall not make an order under any of paragraphs (2)(b) to (e) [types of release on recognizance] unless the prosecution shows cause why an order under the immediately preceding paragraph should not be made. There are many instances where notwithstanding the Crown’s agreement with defence counsel, or even when the Crown consents to release, where the Court must intervene as part of its supervisory or review jurisdiction to make decisions contrary to such agreements or joint submissions. R. v. D.C.G.S., 2003 ABQB 420 (CanLII). Consent release is an efficient method of achieving the release of an accused. Although a justice or a judge should not routinely second-guess joint…
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Mandates matter
Today's opinion in Luke Patterson's second appeal showcases an unfortunate situation in which the appeal mandate made a big difference. The case breaks down into four rounds.In Round One – Patterson's initial sentencing – he avoided the 15-year mandatory minimum under the Armed Career Criminal Act because the trial court refused to treat his prior Ohio aggravated burglary convictions as "violent felonies."But in Round Two – Patterson's first appeal – the government cross-appealed, and the Sixth Circuit ultimately agreed that Patterson should've been sentenced under ACCA. The court's mandate said that it “reverse[d] the ruling that Patterson did not have three previous convictions for a violent felony, vacate[d] Patterson's sentence, and remand[ed] for re-sentencing.In Round Three – Patterson’s re-sentencing – Patterson argued that his three offenses should instead be treated…
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Teen Girls Charged with Stealing Packages from a Riverview Home
Two teenage girls were charged after deputies said they stole packages from the front porch of a home in Riverview. The alleged incident occurred on Dec. 19 around 6:15 p.m. at a home on Palmetto Pine Street. The two teens are accused of entering into the neighborhood on a golf cart and stole a FedEx package containing an Apple TV streaming router–valued at $140–and two UPS packages with a t-shirt–valued at $9.88–and hand balm–valued at $12.77–from the front porch of the home. The suspects are a 13 and 14-year-old girl. They were charged with petit theft and were entered into the Juvenile Arrest Avoidance Program based upon no prior criminal history. Tis the season for seeing an increase in thefts, specifically, packages stolen from homes. Childhood is a time of learning rules and juveniles don’t always stop to think before they act. The number of ways a child can get into trouble are truly unlimited. Simple mistakes can easily turn…
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State Police Announce Fentanyl Bust
Maryland law enforcement agencies have devoted millions of dollars to combat the state heroin epidemic but despite their efforts most agencies are still playing catch up when it comes to the infamous synthetic opioid known as fentanyl. The powerful substance is not a new commodity, though its popularity has skyrocketed over the last couple of years. Fentanyl is now so common that many street level narcotics dealers don’t even realize they’re selling it to customers looking to buy heroin. The availability of fentanyl is based on the most elementary economic principle of supply and demand. It began with the rebirth of heroin, which arguably was created by the nationwide crackdown of prescription narcotic abuse spearheaded by the DEA. Heroin became a viable replacement for the thousands of people that were once hooked on oxycodone and similar substances, but whom were not able to find a constant supply due to restrictions on pharmaceutical companies, pharmacies, and…
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Interesting new data on enduring racial disparities in marijuana arrests after decriminalization in St. Louis
This new local article, headlined "St. Louis Police Continue to Cite Blacks for Marijuana Possession at a High Rate," reports on some interesting data on arrest rates in St. Louis both before and after the cite decriminalized marijuana possession. Here are the details: St. Louis police continue to make arrests...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/pcHyYkNAcX4" height="1" width="1" alt=""/>
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Why Trials Are Disappearing
It's has often and correctly been noted that trials have all but disappeared from American criminal law. The reason for this fact is, however, much disputed.My friends on the pro-defense side say it's because of prosecutorial extortion: Legions of defendants, some innocent and many others with at least arguable defenses, are in effect forced to plead guilty by the threat of "draconian" sentences if they don't take the offered deal and instead insist upon their constitutional right to take their case to a jury.I think otherwise. My years as an AUSA tell me that the reason defendants take the deal is that they are ice cold on the evidence and understandably prefer that their behavior not get the full airing a trial would bring.Often, the best evidence is the surveillance tape. For example, this one.
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BC Notaries Challenge to Lawyers’ Turf Dismissed
What is the difference between a notary public and a lawyer? While notaries are held to the highest standards of ethics, their training is far different than that of a lawyer. They must have an undergraduate degree with a B average, complete an 18 month course and write exams, and then do 6 weeks of practical training with the Society of Notaries. As for lawyers, most have an undergraduate degree and are then required to complete 3 years of law school, followed by a 1 year articling program which includes a 9 week professional legal training course, and then pass the rigorous bar exam. Interestingly, lawyers in British Columbia are automatically awarded the designation of notary once they are called to bar. What services can notaries offer? Most commonly notaries take oaths on affidavits or statutory declarations, prepare residential real estate transfers, and mortgage documents, draft powers of attorney, and prepare simple wills. It is the drafting of wills that has been the…
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Porsche Driver Charged After Driving into a Crowd in Boise
Back in September, eleven people were taken to the hospital after a man driving a Porsche drove into a crowd at the Cars and Coffee event. The victims had serious, but not critical injuries, and the driver was not hurt. Witnesses say that the driver was leaving the event, but seemed like he was trying to show off for the crowd. Then the driver lost control while he was going too fast. The driver, Roy Drennon, was charged with one misdemeanor of reckless driving. He could face up to six months in jail and a fine of up to $1,000. It took several months to bring charges against Drennon because they had to wait on toxicology results and crash reconstruction. Court records show that Drennon has at least eight driving related citations in Alaska, and seven of them involved speeding. Right now, only one victim is pursuing civil charges against Drennon. Comments from Allen:Give it time. 11 will pursue civil charges against Mr. Drennon.I am going to use this crime of Mr. Drennon…
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Tennessee Man Exonerated of 1977 Rape and Burglary
Tennessee Governor Bill Haslam granted clemency on Wednesday to Lawrence McKinney, whose rape and burglary conviction was vacated in 2009 after DNA testing excluded him as a perpetrator. McKinney had applied twice for executive clemency and was twice denied by the state Board of Parole. Former Governor Phil Bredesen took no action on McKinney’s application. With this gubernatorial pardon, McKinney is now officially exonerated in the eyes of the state and and is eligible to apply for compensation for the 31 years he spent unjustly behind bars. Tennessee’s wrongful conviction compensation statute entitles its exonerees to a total of $1 million for the entirety of a wrongful incarceration. “Money will never compensate him for what has happened, but the exoneration from the governor is more valuable than any money could be,” McKinney’s attorney David Raybin told the Tennessean. “Because it vindicates him.” Read the Tennessean coverage here.…
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What is Next in the Criminal Probe of Harvey Weinstein
Like the Bill Cosby case that took the media by storm last year, Hollywood mogul Harvey Weinstein has also been accused by multiple women of rape and sexual misconduct. However, in the case of Weinstein, more than 75 women have publicly accused him of inappropriate behavior, including sexual harassment and rape. Many of Weinstein’s accusers are famous actresses such as Rose McGowan and Asia Argento, who have all said publicly that Weinstein forced them into unwanted sex. Weinstein has since then denied all allegations against him. Currently, Police departments in London, New York, Los Angeles, and Beverly Hills, California, have said that they are investigating potential criminal charges in at least 10 different cases, some involving women who have not spoken publicly. So far, only the NYPD has stated that it has enough evidence to arrest Weinstein and press charges. This is because the agency has a police report filed by actress Paz de la Huerta in October to report that…
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Issuance of Temporary Commercial Cannabis Licenses Begins in California
After California voted in favor of allowing the recreational use of marijuana, the entrepreneurial bug bit many California residents. Consequently, three licensing agencies were tasked with creating emergency cannabis regulations prior to the issuance of any commercial cannabis licenses. The Bureau of Cannabis Control (BCC) licenses microbusinesses, distributors, testing laboratories, and retailers. The California Department of Public Health’s “Manufactured Cannabis Safety Branch” licenses the manufacture of cannabis edibles. The California Department of Food and Agriculture (CDFA) licenses cannabis cultivators and has been tasked with implementing a statewide track-and-trace system to account for the distribution of cannabis from the point of seed-to-sale. On December 15, 2017, the BCC issued its first twenty commercial cannabis temporary licenses. The temporary licenses are valid for 120 days. Temporary licenses may be extended for additional 90-day periods;…
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Washington: Vertical Integration: What It is and Why It Matters to Cannabis
First posted in the Cannabis Law Journal Vertical integration is a business strategy by which a company controls every stage of a single production path. For example, a cannabis company achieves vertical integration when it consolidates multiple steps in the cannabis production process by manufacturing (growing and processing) the product, and also distributing the product (either as a supplier to other businesses or retailer to individual consumers). As a general business strategy in modern practice, vertical integration presents both advantages and drawbacks for the host company. The positive implications of vertical integration revolve around internal cost-savings and efficiency including lower transactional costs, strict control over quality, reliability with respect to supply, and increased market control. However, not without drawbacks, vertical integration often demands a large capital outlay due to the need to combine existing businesses or independently establish a…
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Fatal crash northbound SH3 MP47, Bovill, ID
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: 12/21/2017 3:30 PM PST Please direct questions to the District Office *****UPDATE***** Further investigation showed that road conditions did not contribute to the crash. On December 19th, 2017, at 4:47 AM, Idaho State Police responded to a fatal crash northbound State Highway 3 near mile post 47, between Bovill and Clarkia. Cody Wood (31 year old male of Lewiston, ID) was driving a loaded 2006 Kenworth logging truck when he failed to negotiate a right curve. The truck left the roadway, and spilled the load, which impacted the truck cab. Another motorist, Darren Jackson (33 year old male of St Maries, ID), driving a 2008 Chevrolet Silverado pickup,…
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DIY Alternative Sentencing or Extortion?
Joe Palazzolo and Sarah Nassauer report for the WSJ:Until recently, a first-time shoplifter caught in any of about 2,000 Wal-Mart stores got a choice: pay hundreds of dollars, complete an education program and all will be forgiven--or don't and potentially face prosecution.Corrective Education Co. and Turning Point Justice, Utah-based companies that provide the programs, emerged in recent years as alternatives to the often-overtaxed criminal justice system. They spare law-enforcement resources and hold offenders accountable without leaving the scar of a criminal conviction, their supporters say.But Wal-Mart Stores Inc., one of the biggest clients of Turning Point and Corrective Education, suspended the programs earlier this month as more local officials questioned the legality of asking people for money under threat of criminal sanctions, though it said it found the programs effective at reducing shoplifting and calls to police. The move followed a ruling from a…
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Opioids' Astonishing Toll
If we make it easier to obtain addictive but lethal drugs, more of them will be used. Legalizing them, or reducing the penalties for trafficking them, will make them easier to obtain.So is this what we want?The liberal Washington Post today features an article that makes the answer unavoidable to any but the most dead-end partisan. Its title is, "Fueled by drug crisis, U.S. life expectancy declines for a second straight year."American life expectancy at birth declined for the second consecutive year in 2016, fueled by a staggering 21 percent rise in the death rate from drug overdoses, the Centers for Disease Control and Prevention reported Thursday.The United States has not seen two years of declining life expectancy since 1962 and 1963, when influenza caused an inordinate number of deaths. In 1993, there was a one-year drop during the worst of the AIDS epidemic.Not for nothing do the American people overwhelmingly oppose legalizing hard drugs. …
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Mothers Boyfriend Accused of Beating Child for Opening Christmas Present Early
An Oklahoma man who was left to care for his girlfriend’s child as she ran errands on Saturday is suspected of causing injuries to the boy by striking him as punishment for opening a Christmas present early without permission. Bridgette Payne enlisted her boyfriend, Wesley McCollum, to babysit her 5-year-old son Ayrian while she finished her holiday errands. At some point during the time she was out shopping McCollum allegedly used physical disciplinary measures when he noticed Ayrian had gone under the Christmas tree and opened one of the wrapped gifts. When Payne returned home McCollum informed her that he had sent Ayrian to bed early because of his misbehavior, and she went into the bedroom to check on her son. She became highly distraught when she noticed bruises covering his body and the impression of a hand on his face as if he had been slapped. When Payne asked the child what happened she reported that he told her, “Wesley hurt me bad mama.” Continue…
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#INTERPOL Washington Shares Best Practices in International Fugitive Investigations | INTERPOL-WASHINGTON | Department of Justice . #RedNotice
Source: INTERPOL Washington Shares Best Practices in International Fugitive Investigations | INTERPOL-WASHINGTON | Department of JusticeFiled under: Interpol Red Notice Removal Attorneys - McNabb Associates
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Weijers et al. on Juvenile Justice and Juvenile Crime
Ido Weijers, Stephanie Rap and Kristien Hepping (Independent, Department of Child Law, Leiden Law School and Independent) have posted Juvenile Justice and Juvenile Crime: The Tradition and Topicality of an Interdisciplinary Approach (Overarching Views of Delinquency and Deviancy. Rethinking the...
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