If you hit another vehicle from behind, there is a common perception an accident is your fault. However, this assumption cannot always be made if you are involved in a rear-ender wreck. The concept of negligence is more important in apportioning blame for car crashes in Georgia than the circumstances in some cases. While many drivers who hit other cars from behind will be judged to be liable, another driver may have pulled out in front of you. There was no way you could avoid hitting him. Negligence is the term used by attorneys and courts to describe when conduct falls below an established standard of care. You are considered to be negligent if your actions fall short of what a reasonable individual would or would not have done under the circumstances that resulted in the accident. Liability in a rear-ender wreck The first test that needs to be established is to prove that a duty exists. This is not a major obstacle on the road when there are clear rules and you have a duty to…
Are You to Blame for a Rear-Ender Wreck?
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Pfefferkorn on The Fourth Amendment and Side-Channel Cryptanalysis
Riana Pfefferkorn (Stanford University - Stanford Law School Center for Internet and Society) has posted Everything Radiates: Does the Fourth Amendment Regulate Side-Channel Cryptanalysis? (Connecticut Law Review, Vol. 49, No. 5, 2017) on SSRN. Here is the abstract: Encryption shields...
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Releasing Inmates to Other Countries
North Carolina law allows certain inmates to be released from incarceration to return to another country. Rapid REPAT. Since 2008, certain inmates have been eligible for an early conditional release from an active sentence in North Carolina to be removed from the United States. The Division of Adult Correction refers to the program as Rapid REPAT, as it shares characteristics with the Immigration and Customs Enforcement (ICE) program of the same name. In the ICE program, REPAT stands for “Removal of Eligible Parolees Accepted for Transfer.” Under G.S. 148-64.1, the Post-Release Supervision and Parole Commission may conditionally release an inmate into ICE custody if all of the following requirements are satisfied. The inmate is subject to a final order of removal. (Sejal Zota and John Rubin cover the details of the removal process in their excellent and recently revised manual on the Immigration Consequences of a Criminal Conviction in North Carolina.) The inmate…
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News Scan
Stabbing Suspect Deported 7 Times: A habitual criminal arrested for an unprovoked knife attack at a Santa Rosa market is a Mexican citizen who has been deported seven times. Alex Pappas of Fox News reports that Ricardo Velasquez-Romero, who also goes by the name of Eulaio Miniz Orozoco, has been charged with attempted murder for the December 21 stabbing of a 61-year-old man seven times in the neck at Lola's Market. Santa Rosa is in the sanctuary county of Sonoma, California. The victim was hospitalized with life threatening injuries. Velasquez-Romero has multiple prior convictions for felony drug and weapons charges. A recent report from DHS indicates that 372,098 non-U.S. citizen offenders were removed from the United States after conviction of an aggravated felony or two or more felonies," between October 2011 and September 30, 2017. With the exception of Fox News and the widely panned Daily Caller, no other news…
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Physician faces federal charges after alleged Medicare fraud
For many Kentucky businesses, the ability to run a successful enterprise is heavily reliant on maintaining transparency, upholding ethical conduct and practicing integrity and honesty no matter the circumstances. Unfortunately, there are times when ignorance, greed and monitoring failure can open the doors to fraudulent activity. This type of behavior can wreak havoc in any organization and create lasting damages that may be difficult to overcome. In a recent case in Utah, a physician is facing federal charges after he allegedly committed Medicare fraud. According to legal documents, this was not the first time the doctor had taken advantage of his power and privilege. Years earlier, he was abusing prescription narcotics while serving as the primary doctor in a small Utah town. After a brief probationary period, he continued to practice and did not have any more disciplinary actions on his record for upwards of 10 years. In January 2017, a federal complaint was filed…
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Dog Bite Victims: Legal Mistakes to Avoid
Pet ownership is at an all-time high. In the U.S., more than 60 million families share their home with a dog. But what happens when man’s best friend attacks, inflicting serious trauma on an innocent victim? Approximately 4.5 million individuals suffer dog bites every year, and nearly 20 percent of them require medical care for their injuries. In addition to the physical and emotional trauma caused by a dog bite, the financial repercussions can be crippling. The average hospital bill for a dog bite accident is a shocking $18,200. Fortunately, dog bite victims have a legal right to receive compensation for their injuries that cover these costs, and often more. If you plan to take legal action against the person responsible for your dog bite injuries, here are some legal mistakes to avoid that will help you maximize your financial recovery: #1: Failing to seek medical treatment If your dog bite injury is serious enough to require medical attention, seek it promptly. Failing…
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Delgado & Stefancic on Cops and Non-English Speakers
Richard Delgado and Jean Stefancic (University of Alabama - School of Law and University of Alabama - School of Law) have posted ‘Alto, Cabron. A Ver Las Manos’: A Police Officer's Expectations of Instant Obedience When a Civilian Does Not...
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Why We Need the Death Penalty, Part Eight Zillion
From the following news report:An illegal immigrant began his murder trial for the 2014 killings of two Northern California sheriff's deputies on Tuesday with a profanity-laced rant, calling a partner of one of the slain officers a "coward."Prosecutor Rod Norgaard recounted the events that led to the death of Sheriff's Deputy Danny Oliver outside a Sacramento motel in October 2014, and described how Oliver's partner, Deputy Scott Brown, was able to retreat from the heavy gunfire.Luis Enrique Monroy Bracamontes, 37, the alleged killer, interrupted the court when he grinned and called Brown a "coward." "I wish I had killed more of the mother-------s," Bracamontes told the court. He continued: "I will break out soon and I will kill more, kill whoever gets in front of me...There's no need for a f---ing trial."Bracamontes defense attorneys cited the outburst as more evidence that their client is unfit to stand…
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Florida Senate Health Committee Passes Bill Addressing Unconstitutional Requirement in Medical Marijuana Law
Following up on my post from earlier this week, the Florida Senate Health committee unanimously passed SB 1134 which would strip out the requirement that black farmers who want to obtain a coveted medical marijuana license be a member of the Florida Chapter of the Black Farmers and Agriculturalists Association (which has closed its membership). As I explained in my earlier posts (here and here), Columbus Smith, a black farmer from Panama City, filed a lawsuit challenging the law implementing Amendment Two (medical marijuana) alleging that the law was unconstitutional. Recently, a Leon County, Florida Judge sided with Smith and granted a temporary injunction in the case, which signals that Smith’s case has a strong likelihood of prevailing in court. Dori K. Stibolt is a West Palm Beach, Florida based partner with Fox Rothschild LLP. She focuses her practice on litigation and labor and employment issues and has taken a special interest in the cannabis…
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NSA surveillance programs renewed by Senate
CNET: NSA surveillance programs renewed by Senate by Laura Hautala, and so much for the allegedly threatened filibuster. TechCrunch: Why you should care about the warrantless surveillance bill on its way to Trump’s desk by Taylor Hatmaker Cato: Fear and … Continue reading →
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Snippets of opposition to Austin's police-union contract
A local Austin activist posted on YouTube some of the testimony from December at the Austin City Council against the police union contract on YouTube. (See Grits' writeup after the event.) Your correspondent was one of the speakers in opposition, and I post my testimony here mainly to show off Grits' favorite shirt:Since Grits had earlier interviewed Campaign Zero's Sam Sinyangwe and highlighted his research on Austin police contract, let's also post his testimony from the same hearing.Go here to watch more testimony from the hearing.
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Defending Voyeurism Charges in Canada
Voyeurism was added to the Criminal Code of Canada in 2005 to address a concern that new technologies could be used to more easily spy on people secretly for sexual purposes. A voyeurism conviction can cause irreparable harm to a person’s reputation and employment prospects. Moreover, a person convicted of voyeurism will be placed on Canada’s […] The post Defending Voyeurism Charges in Canada appeared first on Daniel Brown Law LLP.
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Massachusetts Supreme Judicial Court unanimously rejects constitutional attack on consideration of victim impact statements at sentencing
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Did Lawrence v. Texas Legalize Prostitution?
No, even the Ninth Circuit won't buy that argument. Here is the court's summary in Erotic Service Provider Legal Education and Research Project v. Gascon, No. 16-15927:The panel affirmed the district court's dismissal of an action brought pursuant to 42 U.S.C. § 1983 challenging Section 647(b) of the California Penal Code, which criminalizes the commercial exchange of sexual activity.The panel first rejected plaintiffs' assertion that Lawrence v. Texas, 539 U.S. 558, 562 (2003) created a liberty interest that prohibits a state from criminalizing prostitution. Applying IDK, Inc. v. Clark Cnty., 836 F.2d 1185, 1193 (9th Cir. 1998), the panel held a relationship between a prostitute and a client is not protected by the Due Process Clause of the Fourteenth Amendment, and therefore laws invalidating prostitution may be justified by rational basis review. The panel held that Section 647(b) was rationally related to several important governmental…
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New Maryland report details basis for marijuana measures to "remediate discrimination affecting minority- and women-owned businesses"
As reported in this local article, headlined "State consultant finds grounds to consider race in awarding medical marijuana licenses," a notable report focused on the Maryland business arena was released yesterday. Here are the basics and context: A state consultant has determined that there are grounds to conclude that minorities...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Q3Noq20BGmQ" height="1" width="1" alt=""/>
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"Rate My District Attorney: Toward a Scorecard for Prosecutors’ Offices"
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Trump Appointee Rules in Favor of Deported Mother in Sixth Circuit Court of Appeals
Trump Appointee Rules in Favor of Deported Mother in Sixth Circuit Court of Appeals On January 17, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit ruled in favour of a Mexican mother of four who had been deported the previous year despite the fact that she had been threatened by a drug cartel in her native country. After new evidence following her father’s kidnapping, Maribel Trujillo Diaz had motioned the Board of Immigration Appeals (BIA) to reopen her proceedings. They rejected her appeal on the grounds that “she failed to show that she would be singled out individually for persecution based on her family membership”. After reviewing the BIA’s decision, a federal court in Cincinnati ordered immigration officials to review her case. Despite the fact that many see Trujillo Diaz’s case as an example of the Trump administration’s crackdown on immigration, the circuit court’s opinion was written by Judge John K.…
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Can Law Enforcement Obtain a Blood Sample Without Your Consent in a DUI Case?
In certain circumstances, the answer may be yes. In Aguilar v. State, 43 Fla.L.Weekly D179a (3rd DCA 2018), Juan Aguilar appeals a conviction for DUI crimes DUI Manslaughter, DUI with person or property damage, and DUI causing serious bodily injury, along with two counts of DUI, the lesser included offense. These charges arose out of a three car accident that occurred at around 3:00 a.m. one evening. Aguilar lost control of his car and struck one person who died, two who suffered serious bodily injuries, and one who suffered minor injuries. A state trooper observed Aguilar was “somewhat unresponsive, incoherent” and had “blood shot watery eyes,” “slurred speech,” and “had odor of alcohol” coming from his person and car. The state trooper indicated that because there were “significant indicators” that Aguilar was displaying an “alcohol related impairment,” he came to the trauma center…
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WaPo: A Google app that matches your face to artwork is wildly popular. It’s also raising privacy concerns.
WaPo: A Google app that matches your face to artwork is wildly popular. It’s also raising privacy concerns. by Hamza Shaban: A Google app that matches people’s selfies to famous works of art and encourages users to share the side-by-sides … Continue reading →
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Salt Lake Tribune: Warrants approved in just minutes: Are Utah judges really reading them before signing off?
Salt Lake Tribune: Warrants approved in just minutes: Are Utah judges really reading them before signing off? By Jessica Miller & Aubrey Wieber: Twenty-seven seconds. That’s all the time it took for a Utah judge to sign off on an … Continue reading →
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