In recent years, more and more states have legalized marijuana. A majority of U.S. states now legalize the drug in some form. The move toward legalization has hit an obstacle in the form of U.S. Attorney General Jeff Sessions who changed the passive approach of the federal government to marijuana last week. Sessions announced he is rescinding the Cole memo, which reflected the Department of Justice’s policy under the Obama administration since August 2013 relating to the enforcement of federal cannabis laws. The Cole memo was drawn up after voters in Washington State and Colorado backed the legalization of marijuana in 2012. The document was drafted by James M. Cole, a former US Attorney General. Cole issued a memorandum to all US attorneys on August 29, 2013. It stated prosecutors and police should focus only on the following priorities linked to state-legal cannabis operations: Preventing the distribution of cannabis to minors; Stopping the revenue from the sale of…
Attorney General Jeff Sessions Takes on States Over Marijuana
↧
↧
See These Emotional Images of Exoneree Kirstin Lobato’s First Moments of Freedom in 17 Years!
“It is the end to her nearly 17-year nightmare . . . . It’s over.” –Innocence Project Director of Post-conviction Litigation Vanessa Potkin, The Intercept Kirstin Lobato was just a teenager when she was charged with and convicted of the brutal 2001 murder of a homeless man in Las Vegas. For nearly 17 years, Lobato, who goes by the nickname “Blaise,” fought to prove that she was wrongfully convicted. Finally last week, with help from the Innocence Project, Lobato was declared innocent and freed when the County District Attorney’s Office moved to dismiss all charges related to the 2001 murder. “Blaise is a survivor. She has endured abuse in her community and by our criminal justice system,” says Innocence Project Director of Post-Conviction Litigation Vanessa Potkin, one of Lobato’s attorneys. “But she has prevailed. She is an incredibly strong woman with a story to tell and a whole lot…
↧
Crosby on Juror Punishment
Kevin Crosby (Newcastle Law School) has posted Before the Criminal Justice and Courts Act 2015: Juror Punishment in Nineteenth- and Twentieth-Century England on SSRN. Here is the abstract: The Criminal Justice and Courts Act 2015 has created several new offences...
↧
What is an Accessory After the Fact?
The hunt for a gunman responsible for a fatal Monrovia shooting has come to a close. Earlier this week police arrested Jeremiah LaCroix after he surrendered himself at a Los Angeles correctional facility. LaCroix, who was also wanted in connection with a gang-related shooting, is reportedly responsible for killing one and injuring two others during […]
↧
Financial Derivatives Intermediaries Who Trade Virtual Currencies Face the NFA’s Enhanced Reporting Requirements
Derivatives regulators continue to take actions that pull virtual currencies – also known as digital currency or cryptocurrency, the best known of which is bitcoin – into their regulatory schemes. In December, the National Futures Association (NFA), the futures industry’s self-regulatory organization, issued three Notices to Members that expand the notification and reporting requirements for futures commission merchants (FCMs), introducing brokers (IBs), commodity pool operators (CPOs) and commodity trading advisers (CTAs) trading in virtual currencies and related derivatives. In issuing these directives, the NFA cited the fact that a number of CFTC-regulated trading venues were in the process of offering derivatives on virtual currency products and stated that it was expanding the notification and reporting requirements due to the volatility in the underlying virtual currency markets. Specifically, the NFA’s notices: direct each FCM for which NFA is the…
↧
↧
Official Figures Show Traffic Fatalities Rose in 2016
We hear a lot about smart cars and self-driving cars. More vehicles are equipped with safety technology to avoid crashes. It’s, therefore, puzzling that at a time when cars are getting safer traffic fatalities rose in 2016. Figures released in October by the National Highway Traffic Safety Administration revealed that the number of traffic deaths in 2016 rose nearly 6 percent compared with the previous year to 37,461. The figures, noted CNN, may be skewed by the improving economy. A combination of cheaper gas and better job prospects means Americans are driving further. In 2016, Americans drove 2.2 percent more miles than the previous year. The number of deaths per mile driven rose by 2.6 percent. CNN noted the figure is the highest rate since 2008. However, fatal accidents on the highways of America remain well below the levels of even 10 years ago, the agency said. It’s concerning that traffic fatalities rose, although it may reflect the improving economy.…
↧
How Minneapolis Police Are Preparing For The Super Bowl
The Super Bowl is only a couple weeks away, and if you’ve been in the downtown area, odds are you’ve seen some changes and additions as the city prepares to host football’s biggest game. Making sure the Super Bowl runs smoothly isn’t a one-day affair, and police and city officials have already begun beefing up security for the big game. Today, we take a closer look at how law enforcement plans to prevent crime during Super Bowl week and on game day. Cracking Down on Crime Here’s a look at some of the ways police and government officials are trying to crack down on crime as Minneapolis prepares to host the Super Bowl. Thousands of Police Officers – Thousands of police officers will make their presence known in the days leading up to kickoff and on game day. Some will be in SWAT gear, others will be undercover, and the majority will be patrolling in their regular uniforms. Fences, Barriers, Gates and Metal Detectors – If you plan on going…
↧
Sixth Circuit quickly granting oral argument
The Sixth Circuit is sending notices of oral argument much faster than it used to. I just received notice for one less than a week after submitting my reply brief (with argument scheduled during the March sitting). You may do well to check the Court's oral argument calendar and submit any dates you are not available the same day you submit your brief.
↧
Making the case against juvenile sex offender registration requirements
↧
↧
Rose on Treaty Monitoring and Compliance in Transnational Criminal Law
Cecily Rose (Leiden University - Grotius Centre for International Legal Studies) has posted Treaty Monitoring and Compliance in the Field of Transnational Criminal Law (Forthcoming, Mikkel Jarle Christensen & Neil Boister (eds) New Perspectives on the Structure of Transnational Criminal...
↧
Can Doctors Face Any Criminal Liability for Illegally Providing Controlled Substances?
Yes. There are several ways under current Florida law for a physician to face criminal liability for illegally prescribing or trafficking controlled substances. Physicians can be held criminally liable for prescribing controlled substances without conducting proper medical examinations, writing a prescription for a controlled substance if the sole purpose is to provide a monetary benefit to the physician, possessing a building or structure (the clinic or office) for the purposes of trafficking a controlled substance, writing a prescription for a fictitious person, and assisting someone in obtaining a prescription for a controlled substance through deceptive, untrue, or fraudulent representations, or through employing a trick or scheme. All of these charges are felonies, and a physician will often be charged with several of the above-mentioned criminal offenses if they’re engaged in illegally prescribing controlled substances. In recent years, Florida has faced…
↧
Can I Face Any Criminal Charges for Lying to My Doctor to Get a Prescription?
I want to get a prescription for this medication that I am taking illegally… I have been using a narcotic medication that I’ve gotten from friends, but I do not have a prescription myself. I realize that being in possession of this medication without a prescription is illegal and I could face criminal charges, so I want to try to get a prescription from my doctor. If I tell my doctor the right things that they need to hear, whether or not it’s true, to get a prescription, will I be safe from criminal charges? Most people realize that being in possession of a controlled substance without a prescription is illegal. What people often do not realize is that there are also laws in Florida that make it illegal to obtain or attempt to obtain a prescription for a controlled substance by making false statements or misrepresentations, committing fraud or forgery, or through deception. This makes it illegal to lie to a doctor to obtain a prescription for a controlled…
↧
Can I Face Criminal Charges for Being in Possession of a Prescription Medication that Is Not Prescribed to Me?
I was pulled over by the police, and they found medication in the car. I got the pills from a friend who has a prescription, but the prescription is not in my name. I’m taking the medication to treat a health condition I have. Can I face criminal liability for this? Yes. As most people are aware, under Florida Statute 893.13 it is illegal to have a controlled substance in your possession unless that controlled substance is prescribed to you by a licensed practitioner providing you with medical treatment. Common controlled substances include but are not limited to amphetamines such as Adderall, benzodiazepines such a Xanax, and narcotics, including oxycodone, hydrocodone, methadone, and morphine. Possession of a controlled substance without a prescription is a third-degree felony punishable by up to five years in prison and a $5,000.00 fine. If law enforcement finds a controlled substance in your possession during a search of your vehicle, a possible defense…
↧
↧
News Scan
SCOTUS Orders Review of Murderer's Bias Claim: In a 6-3 opinion announced Monday, the U.S. Supreme Court ordered the 11th Circuit to reconsider a Georgia murder's claim that he is entitled to a new trial because of a juror's racially biased statement. Adam Liptak of the New York Times reports that the Court's per curium opinion in Tharpe v. Sellers concluded that an affidavit by a juror in the murder trial Keith Tharpe, which described the defendant as a "nigger," required a full review by the lower court to determine if racial prejudice had resulted in Tharp's conviction and death sentence. Overwhelming evidence confirmed Tharp's guilt of the shotgun murder of his estranged wife's sister during his ambush, kidnapping and rape of his wife. The 11th Circuit had previously dismissed Tharp's bias claim. A dissenting opinion by Justice Clarence Thomas and joined by Justices Alito and Gorsuch, called the…
↧
DO YOU HAVE A RIGHT TO KNOW THE LOCATION OF POLICE SURVEILLANCE AGAINST YOU IN ILLINOIS?
Recently, you were charged with selling drugs. The police say you were under surveillance, and they caught you in the act. Something about this doesn’t seem right. Where was this surveillance located? The state doesn’t want to tell. Do you have a right to know? The state’s right to withhold information about the officers’ location is known as the surveillance location privilege. Whether you have a right to know can be decided on a case to case basis. Your right to know may also depend on the timing of the proceedings in your case. For example, you may have a greater right to know at trial, than you do at a pretrial hearing. To determine if the privilege applies, the court must balance your need to prepare your defense against the state’s need to keep the location secret. The state may argue that the location is useful, and its disclosure would compromise other investigations. The court considers the crime charged, the importance of the…
↧
PARKING PROBLEMS
Several alert readers sent us pictures regarding the on-going saga of Lot 26 near the REGJB.Not a lot of spots available for cars that don't have red and blue lights on top of themAnd so it goes.From occupied America, where there are NO parking spots, Fight the power for a space. Site Feed
↧
When It’s Absolutely Obvious What Caused Your Fall-Down Accident
As far as you’re concerned, someone needs to pay. It might not exactly sound like the politically correct way of approaching a personal injury claim. However, you are outraged. It’s absolutely obvious what caused your fall-down accident. There is no reason you should be laid up with a broken hip. If these words ring true to you, you are not alone. It’s not unreasonable to expect property owners to take care of hazardous conditions. Sure, you get that accidents happen. However, there’s no excuse for yours. Meanwhile, vengeance isn’t the reason you need to pursue a lawsuit. It’s more like medical bills piling up and the impact on your livelihood. Additionally, there’s a good chance that your fractured hip will have long-term consequences. The truth is that there are two parts of every negligence claim. For starters, you must prove damages. Certainly, a substantial injury like a broken hip fulfills that category. Furthermore, you…
↧
↧
Vasiu & Vasiu on Computer Source Code Theft
Ioana Vasiu and Lucian Vasiu (Babes-Bolyai University - Faculty of Law and Independent) have posted Backdoor Man: A Radiograph of Computer Source Code Theft Cases (18 J. High Tech. L. 1 (2017)) on SSRN. Here is the abstract: The misappropriation...
↧
Court refuses to revisit death sentence despite deciding attorney’s failure to retain mental-health expert was inexcusable
Over a vigorous dissent by Judge White, the Sixth Circuit, in Miller v. Mays, affirmed the denial of habeas relief under Rule 60(b)(6) for Tennessee death-row inmate David Miller.Notably, all three judges agreed that Miller’s trial counsel had no excuse for failing to retain a mental-health expert to help present sentencing mitigation evidence.But the majority and dissent disagreed on two issues: Whether trial counsel’s error prejudiced Miller.Whether Miller exercised proper diligence in pursuing his Rule 60(b) motion.The second issue is likely more-consequential for future habeas actions, but much more complicated, so let me start with prejudice.PrejudiceIn terms of prejudice, the majority reasoned that mitigation evidence from lay witnesses who told of Miller’s troubled childhood was of the same strength and subject matter as new declarations Miller presented from three mental-health experts. Judge White argued in dissent, however, that…
↧
Actor, Producer, Humanitarian & Former NFL All-Pro Nnamdi Asomugha Joins Roster of Innocence Project Ambassadors
Actor, producer, humanitarian and former National Football League all-pro Nnamdi Asomugha has added a new notable affiliation—Innocence Project Ambassador! “It is an incredible honor to partner with Mr. Asomugha, who has a genuine, active and well-documented passion for community service,” said Maddy deLone, executive director of the Innocence Project, which is affiliated with Cardozo School of Law. “We very much look forward to engaging him in our work to free wrongfully convicted individuals and help reform the system responsible for their unjust punishment.” As a defensive back with the NFL for 11 seasons, Asomugha brought his athletic talents to the Oakland Raiders, Philadelphia Eagles and San Francisco 49ers teams before retiring in 2013. Since then, he’s remained busy off the field, including starring in and producing the Sundance Award-winning film Crown Heights, which chronicles the true story of Colin Warner who was wrongfully…
↧
More Pages to Explore .....
