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California Protects Their Pot

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A California lawmaker is trying to protect the state's marijuana industry by barring law enforcement agencies from cooperating with federal drug agencies on pot busts.Assemblyman Reggie Jones-Sawyer, D-Los Angeles, proposed that California would become a so-called sanctuary pot state. It was sparked when Attorney General Jeff Sessions announced a federal policy shift on enforcement of marijuana laws.Jones-Sawyer said that the Assembly Bill 1578 is to provide state agencies with protection to uphold state laws without federal interference.It would prevent local and state law enforcement agencies from assisting federal authorities on marijuana activities that are legal under California law, without a court order. It would also bar state agencies from providing the federal government with information on licensed marijuana growers and retailers.This is the second time this bill is going through the Legislature. The Assembly narrowly approved it, but it never made it to a…

Another Criminal Case Linked to Former Brooklyn Detective Gets Overturned

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On Thursday, a Brooklyn judge reversed the murder conviction of Sundhe Moses. The 41-year-old spent 18 years in prison for murder, but the legitimacy of his conviction is now under scrutiny based on evidence that the confession that contributed to his being found guilty was in fact coerced by former detective Louis Scarcella. “It’s a bittersweet moment,” said Moses on Thursday, according to the New York Times. “The battle has been won. The war hasn’t, but the battle has been won.” In 1995, a 4-year-old girl was killed when she got caught in the crossfire of bullets from a local gang war. Moses was found guilty of the murder in 1997 after he allegedly confessed his involvement to Scarcella, and was sentenced to 15 years to life in prison. But in 2013, Moses was released on parole when a prior witness recanted his testimony. According to the New York Times, Moses has long said that his conviction is illegitimate and that he falsely confessed to…

Jumping the Crown’s Position on Sentence

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A trial judge always retains an overriding discretion to accept or reject the recommendations of counsel about the sentence that should be imposed.  A trial judge is entitled to go beyond the Crown’s position on sentence if the sentence imposed is still reasonable. But when a trial judge proposes to do so, the trial judge should alert the parties and give them an opportunity to make further submissions and provide further authorities. Ideally, the sentencing judge should give reasons for going beyond the Crown’s position. R. v. Grant, 2016 ONCA 639, at para. 164;  See also, R. v. Ibrahim, 2011 ONCA 611, at para. 16 [where reasons were not required]. It is an error in principle for the sentencing judge not to give the parties a chance to make further submissions prior to imposing a sentence above the Crown’s position. R. v. Hagen, 2011 ONCA 749 (CanLII), at para. 5;  R. v. Menary, 2012 ONCA 706 (CanLII), 298 O.A.C. 108, at…

4TH AMENDMENT: RECENT SUPREME COURT CASES: WARRANTLESS EXCEPTIONS

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The Fourth Amendment protects individuals from unreasonable search and seizures: Specifically the 4th Amendment provides: THE RIGHTS OF PEOPLE TO BE SECURED IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST ANY UNREASONABLE SEARCHES AND SEIZURES, SHALL NOT BE VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED,AND THE PERSONS OR THINGS TO BE SEIZED. Over the years the Supreme Court has carved out numerous search exceptions to the warrant requirement of the 4th Amendment. These exceptions are: 1. CONSENT Knowing and voluntary consent to the search 2. SEARCH INCIDENT TO LAWFUL ARREST Limited search of the person being arrested and his/her immediate surroundings in order to locate dangerous weapons for the safety and protection of the law enforcement and others. 3. PLAIN VIEW Evidence that can be easily viewed and is in display, to search here a warrant is not required. 4. STOP…

Norway, Tales of Sexcapades: Trump Slinks on

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(From Lillyhammer, with Steve Van Zandt) With his comments on Haiti, El Salvador and Africa, Donald Trump exposed himself Thursday as the vulgar, insensitive man we all knew he was. More reports on Trump's alleged sexcapades appeared... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Woman Accused of Leaving Backpack Full of Heroin in School Parking Lot

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A Pennsylvania woman was arrested on Wednesday as the suspected owner of a backpack with bricks of heroin inside, after school employees found the bag in a middle school parking lot in December. At approximately 9:30 am on December 20, an abandoned backpack was observed in the parking lot in the back of Cecilia Snyder Middle School. Bensalem School District personnel contacted the authorities, and on inspection of the bag’s contents police found four bricks of heroin comprised of 10,000 individually packaged doses. The estimated value of the narcotics is $100,000. Investigators watched the footage captured on surveillance cameras on the school campus in an attempt to locate the owner of the backpack. A New Jersey registered tan Toyota Corolla was seen on the video in the vicinity of where the bag was found. Continue reading →

BONIFICACIÓN POR ESCOLARIDAD

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Dictan disposiciones reglamentarias para el otorgamiento de la Bonificación por Escolaridad DECRETO SUPREMO Nº 002-2018-EF EL PRESIDENTE DE LA REPÚBLICA CONSIDERANDO: …… Artículo 2.- Alcance 2.1 En el marco de lo establecido en el literal b) del numeral 7.1 del artículo 7 de la Ley Nº 30693, la Bonificación por Escolaridad se otorga a favor de los funcionarios y servidores nombrados y contratados bajo el régimen del Decreto Legislativo Nº 276 y la Ley Nº 29944; de los docentes universitarios a los que se refiere la Ley Nº 30220; del personal de la salud al que se refiere el numeral 3.2 del artículo 3 del Decreto Legislativo Nº 1153; de los obreros permanentes y eventuales del Sector Público; del personal de las Fuerzas Armadas y de la Policía Nacional del Perú; y de los pensionistas a cargo del Estado comprendidos en los regímenes de la Ley Nº…

Fatal Crash SB On US95 in Pinehurst

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 01/13/2018 3:40pm Please direct questions to the District Office On Friday, January 12, 2018, at 4:30 pm, Idaho State Police investigated a fatality crash southbound on US95 at milepost 182, in Pinehurst. Iva J. Henderson, 60 of Pinehurst, was driving southbound on US95 in a 1994 Ford Explorer. Henderson drove across the northbound lanes and off a raised area of the highway. The Explorer continued onto the Frontage Road and crashed into the corner of the Little Salmon Bible Church in Pinehurst. Henderson was not wearing a seatbelt and succumbed to her injuries on scene. Next of kin has been notified. 3451 / 3725 -------------

Party Time!!!

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I’m going out of town for a few days with Dr. SJ and the kids, and have no plans to post anything* until I get back. So consider this an open thread. Knock yourselves out and please try not to make anyone stupider. I’ve left David the keys to the joint, so he’s in charge, to do to SJ what he pleases until my return. I only ask two things: First, please clean up the place before I return, and put the glass beer and booze bottles in the recycle bin. Second, stay away from the Healey. It’s not a Ferrari, Ferris, but it’s what I got. Have fun. I’m outta here. *If I was writing this morning, I would definitely write about this New York Times editorial. Copyright © 2007-2017 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. The use of this feed anywhere else violates copyright. If this content is not in your news reader, it means the page you are viewing infringes copyright. (Digital Fingerprint:…

Estate Planning Changes to Make After a Divorce

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Your estate plan is probably not on the top of your mind while you are going through a divorce. However, a divorce impacts your estate plan in many ways, and you will most likely need to update several documents either before or immediately after your divorce to account for your change in marital status. When to Consult and Estate Planning Attorney Ideally, you should consult an estate planning attorney before you file for divorce. If you don’t already have an estate planning lawyer, your divorce attorney may be able to recommend someone to assist you. The reason to talk to an attorney before you file for divorce is because you may be unable to make certain changes while the divorce is pending. Your divorce involves a distribution of marital property, and you won’t be able to make changes to how this property is owned while the matter is before a court. You may be able to make other changes to your estate plan during this time, such as updating your will and any…

N.D.Iowa: Affidavit for SW was wholly deficient in showing nexus, and GFE does not save it

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The affidavit for the search warrant for defendant’s house failed to show nexus to his house, and the affidavit on nexus was so deficient it doesn’t satsify the good faith exception. About all there was on the document was the … Continue reading →

ALFREDO BULLARD, LA HOMOSEXUALIDAD, OPINIÓN CONSULTIVA OC-24-17 CIDH

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https://elcomercio.pe/opinion/columnistas/matrimonio-igualitario-tolerando-intolerantes-alfredo-bullard-noticia-488741 “No voy a comentar más de la decisión. Me voy a referir a las reacciones contra ella. Varias la critican y descalifican reflejando homofobias destempladas (“caviares maricones”), fundamentalismos religiosos (incluso con citas bíblicas), conservadurismo irreflexivo (van a destruir a la familia) y hasta machismos enfermizos.”  “Muchas de esas opiniones me molestan. Algunas me indignan. Buena parte me parecen expresión de la estupidez humana. Pero tengo un deber moral y legal de tolerarlas. No debo empujar una ley que prohíba el derecho a opinar en contra. Finalmente, la libertad de expresión protege hasta la estupidez. Todo derecho individual, como expresión del principio de autonomía, implica tolerancia hacia su ejercicio. “ El colega Bullard a tono con la…

New Technology to Arm Officers with Body Cameras

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Body cameras are invaluable for protecting both police officers and citizens during non-routine encounters by providing a complete and unbiased recording of the situation. Body cameras are also valuable in DUI cases to protect officers from any constitutional violations, procedural mistakes, or other errors which can arise during a traffic stop. The footage helps DWI […] The post New Technology to Arm Officers with Body Cameras appeared first on Minneapolis DWI Lawyer Douglas T. Kans.

KS: College dorm lobby not curtilage

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Defendant was arrested in the lobby of his college dorm at WSU. His room was on the fourth floor. The lobby was not part of his curtilage because hundreds come through there, residents and non-residents alike. State v. Bannon, 2018 … Continue reading →

I Just Got Arrested for a Greenwich Connecticut DUI / DWI. Now What?

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You have about 10 business days from your Greenwich DUI / DWI arrest to file a DMV appeal of your driver’s license suspension that can last up to 1 year. Talk to a top Greenwich Connecticut criminal lawyer attorney before deciding whether you should take or refuse the breath test. For repeat offenders, the decision can make the difference between going to jail or just getting probation. All Greenwich Connecticut DUI / DWI arrest reports to Stamford Superior Court. Don’t go to your first court date alone. Sometimes conditions of release can be ordered such as random drug and alcohol testing, and mandatory alcohol counseling, which can interfere with your job and family obligations. Having your Greenwich Connecticut DUI / DWI lawyer preserve police video surveillance and dashboard camera evidence can help you win your case. Do I Need to Hire a Lawyer for My Greenwich Connecticut DUI / DWI? Absolutely. Connecticut applies a 3-strike DUI / DWI law, which includes…

D.Kan.: FPD has standing to join in Rule 41(g) litigation to recover illegally recorded attorney jail calls and meetings

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The Federal Public Defender has standing to participate in Rule 41(g) litigation to recover the recordings of attorney-client meetings and telephone calls that were recorded at a private prison used as a federal detention center. The government’s concerns over standing … Continue reading →

When the Cloud Met Hurricane Irma – Ayo & Iken Was Prepared!

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When the Cloud Met Hurricane Irma – Ayo & Iken Was Prepared! When you run a small to mid-sized legal practice, business continuity is everything. For a firm like Ayo & Iken, which has established itself in Florida, with a good market position and a practice that’s growing at a respectable rate, the one thing that can truly hurt the firm’s bottom line is a business interruption. Even small interruptions can drain finances enough to cause concern, while major, catastrophic events can easily be the death knell of a practice if its leaders have not planned ahead and taken steps to set up automatic business continuity processes. Cloud-based technology has proven to be invaluable to business continuity planning. In its mature form, the cloud has proven to be scalable and reliable, while offering a high depth of functionality, in essence allowing firms to create a virtual business online. Everything you previously did on site or manually with…

'Agree with me or I will kill you': On plea bargaining, the death penalty, and life without parole

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Me, Harris County DA Kim Ogg, and Shannon Edmonds from the Texas District and County Attorneys Association commented in a Houston Chronicle story this week on the role of life-without-parole sentences in plea bargaining in capital cases. I'd suggested:"There has always been speculation about whether that has encouraged prosecutors to file capital cases more than they otherwise would because what better leverage do you have in a plea bargaining situation than, 'Agree with me or I will kill you,'" said Scott Henson policy director with the non-profit Just Liberty, which advocates for reducing incarceration. "The government will literally kill you if you don't go for life without parole and there is no stronger bargaining chip than that."However,District Attorney Kim Ogg, whose office has overseen less than 25 life without parole sentences since she took the reins last year, pushed back against that suggestion. "We don't use…

Violence, Protective Injunctions, and M-O-N-E-Y, the Florida Supreme Court weighs in .....

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THE CAPTAIN REPORTS:QUERY: Is Florida Statute 784.046, the statute most criminal defense attorneys know as the:  ACTION BY VICTIM OF REPEAT VIOLENCE, SEXUAL VIOLENCE, OR DATING VIOLENCE FOR PROTECTIVE INJUNCTION, a civil proceeding or action? The Florida Supreme Court weighed in on that question this week in the case of Lopez v Hall. In a 4-3 decision the majority answered YES, and with that answer, opened the floodgates for attorney fees to be obtained against a losing party under certain circumstances in these kinds of cases. Most of us who dwell in the house of GJB and who have never ventured outside those protective walls to say the courthouse over at 73 West Flagler Street, have never even heard of F.S. 57.105. A favorite tool of our civil brethren, it spells out their favorite five letter word - M-O-N-E-Y. We have all had that male client walk through our office door telling us that they had just been served with a Temporary Injunction and that the allegations were…

Alimentación cercada por la miseria

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¿El Perú puede abastecerse de alimentos sin recurrir a la importación? Si visitamos los mercados del País, encontraremos en todos  los productos naturales que el humano necesita, piensen en frutas, hortalizas, legumbres, carnes de muchas especies, incluido el pescado, algunas propias de la Región visitada, como en la Selva por ejemplo. Muy bien, ¿Somos autosuficientes  para alimentarnos? ¿Producimos frejoles o lentejas atendiendo a la demanda, o naranjas, lúcuma, Sandía, plátanos, mangos? Honestamente NO lo sé, he consultado información Estadística que no contempla esa información, he revisado cuadros estadísticos pero es difícil encontrar uno en el que se visualice si la producción de "Uva" por ejemplo satisface la demanda interna y si podemos exportarla mercados internacionales. En lo que somos deficitarios sin duda es en la…
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