A Franks challenge that is nothing more than an argument about inferences doesn’t plead enough to get a hearing. United States v. Defilippo, 2018 U.S. Dist. LEXIS 22784 (S.D. N.Y. Jan. 31, 2018): Here, it is not certain that the … Continue reading →
S.D.N.Y.: A Franks challenge that is nothing more than an argument about inferences doesn’t plead enough to get a hearing
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Minnesota Supreme Court: A Pistol in a Center Console is “Carrying a Pistol”
Yesterday, the Minnesota Supreme Court issued an important decision of statewide significance. In State v. Prigge, the court was asked whether a person may be found guilty of carrying a pistol under the influence when the person is driving a car with a handgun inside the car’s center console. According to the court, a person may be found guilty in such an instance. Mr. Prigge was stopped and arrested on suspicion of committing a DWI offense. During a post-arrest inventory search of the vehicle, officers located a loaded handgun in the center console. Mr. Prigge was later charged with “carrying a pistol on or about [his] clothes or person” in violation of Minnesota law. On Mr. Prigge’s motion, the district court in Hennepin County dismissed the charge for lack of probable cause. Later, the Minnesota Court of Appeals affirmed the district court’s dismissal. The Minnesota Supreme Court then granted review. The sole legal issue…
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Police-Dubbed ‘Kingpin Granny’ Accused of Dealing Prescription Narcotics
A 75-year-old woman who authorities have nicknamed “Kingpin Granny” is facing six felony charges for allegedly selling prescription pills out of her home in Tennessee. Betty Jean Jordan, a grandmother and homeowner from Parsons, Tennessee, has become one of the people who has raised the interest of police who are conducting an investigation into the illegal drug sales activity in the area. Undercover agents confirmed their suspicions by arranging a meeting with Jordan with the intent to buy illegal prescription drugs from her, and they allege that she sold them the medication. Continue reading →
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Senator Gardner apparently stopping much of his DOJ blockade in response to rescinded Cole Memo
According to this new AP article, "Colorado’s Republican U.S. senator will stop blocking nominees for some Justice Department jobs over concerns about the marijuana industry, saying Thursday that federal officials have shown good faith in recent conversations on the department’s pot policy." Here is more: Cory Gardner used his power...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/keTgn_LE47Q" height="1" width="1" alt=""/>
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Harris County Sheriff’s Office Arrests 103 Alleged Sex Buyers in Prostitution Sting Operation
Harris County continues to lead the nation in sex buyer arrests for the second year in a row. The Harris County Sheriff’s Office (HCSO) announced that more than 100 alleged sex buyers (johns) were arrested in a month-long (January 7 – February 4, 2018) sting operation leading up to Super Bowl Weekend, as part of more > The post Harris County Sheriff’s Office Arrests 103 Alleged Sex Buyers in Prostitution Sting Operation appeared first on The Law Office of Matthew D. Sharp.
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Brennan-Marquez on Interpreting Constitutional Provisions in Tandem
Kiel Brennan-Marquez has posted Interpreting Constitutional Provisions in Tandem (Howard Law Journal, Forthcoming) on SSRN. Here is the abstract: When constitutional provisions interact, courts must decide how to interpret them "in tandem." A familiar example from the last decade —...
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What Happens When You Are Injured in a Condominium Complex?
Maintenance of common areas acts as a real amenity for those living in a condominium complex. However, sometimes there’s confusion regarding when it comes to the duties of the homeowners’ association. If you’re injured while a guest at a friend’s condo, what happens? More than likely, you already know that condominiums come in a few varieties throughout New Jersey. In local Jersey City, a condo may be part of a high-rise. Meanwhile, townhouses and former garden apartments form as condominium complexes. They are all organized and guided by the New Jersey Condominium Act. Although it seems cliché, accidents can happen at any time. For example, you could be visiting someone in one of the luxurious waterfront condos along the Hudson. As you enter the lobby area, you trip and fall because of a huge hole in the ceramic tile. Meanwhile, you hear someone mention that the problem was there for a while. They go so far as to say the surface area was an…
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Republicans Have No Solutions To Gun Violence; They Are The Problem
"[T]here are many reasons you might have for voting for candidates of one or the other party that have nothing to do with guns. But the fact is that one of our two parties has in recent years decided that it will stop any and all efforts to address gun violence, no matter how reasonable they are and no matter how much of the public favors them." -- Paul WaldmanNikolas Cruz legally purchased the semiautomatic AR-15 rifle that he used to kill seventeen people at Marjory Stoneman Douglas High School in Parkland. He appears to have some connection with white nationalist groups. But we're not going to hear anything from the president or his party about easy access to guns or the rise of those very fine people wearing white hoods. Instead we get the usual meaningless claptrap: thoughts and prayers, proclamations and half-mast flags. We also hear that the problem is not that there are too many readily-available assault…
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Crash Blocking Lanes Westbound at Vista
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: 02/15/18 03:14 pm Please direct questions to the District Office The Idaho State Police are investigating two separate crashes westbound I84 at the Vista overpass. The number 1, 3 and 4 lanes are currently blocked. More updates will be released when they are made available. 4031/3413 -------------
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**UPDATE - all lanes open** - Crash Blocking Lanes Westbound at Vista
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: 02/15/18 04:00 pm Please direct questions to the District Office **UPDATE** There were multiple crashes causing road blockage at the Vista Ave. overpass. Troopers have investigated the crashes and all lanes have reopened to normal travel at this time. **END OF UPDATE** The Idaho State Police are investigating two separate crashes westbound I84 at the Vista overpass. The number 1, 3 and 4 lanes are currently blocked. More updates will be released when they are made available. 4031/3413 -------------
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Kansas City Star: State Must Compensate Wrongfully Convicted Fairly
Over the past month, the Innocence Blog has featured several stories that underline the importance of Kansas passing a law in 2018 that will compensate those who’ve been exonerated of wrongful convictions. On Tuesday, the Kansas City Star published an editorial piece also highlighting the topic and the testimony that Kansas-based exonerees Floyd Bledsoe, Richard Jones and Lamonte McIntyre provided before state legislators on Wednesday, urging them to do what’s right and pass Senate Bill 336. “There should be no debate,” writes the Star. “Kansas must finally pass a law providing financial compensation to the wrongfully convicted.” The Star writes: The Kansas Legislature is taking up what should be a clear-cut question of right and wrong this week, weighing a decision that tests the moral character of the state. . . . . . . Floyd Bledsoe, Richard Jones and Lamonte McIntyre have an unfortunate…
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How to Handle A Minor Car Accident: Making Sure You’re Safe and Covered
If you’ve just been in a minor car accident, it’’s very likely that you aren’t thinking straight. You might have minor whiplash, you’re angry, and you have a damaged car. First things first, it’s important to remain calm. Then you’re going to want to start a quick process to protect yourself and your future claim. You might have never been in this situation before, in that case— we have you covered. Following, you will quick to do list for handling a minor car accident in a timely, and efficient manner. How to Handle A Minor Car Accident: Making Sure You’re Safe and Covered First things first, are you okay? Are you dizzy? Can you see straight? Do you have feeling in your extremities? It is important to give yourself a once over. Adrenaline is likely pulsing through your body, and that typically makes it difficult to know the extent of your injuries right away. If you need emergency medical attention, then the rest of the…
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Common Workplace Injuries: Avoiding Workers Comp Claims
Workers comp claims are pretty big hassle. From making sure it’s accepted, to getting healed, to making sure your job is secure through the entire process… it can cause a lot of stress for everyone involved. The best way to avoid the process? Is to avoid the injury when possible, but also file as soon as possible. Learning how to protect yourself and avoid injury within the workplace starts with knowing what to watch out for. So, following— you will find a list of the most common workplace injuries that ultimately end in workers comp claims, as well as how to avoid them. Common Workplace Injuries: Avoiding Workers Comp Claims Pulled Muscles, Sprains, Strains, and Tears Some of the most common workplace injuries, are those ones that you just say ‘ouch’ to and keep on going. They are often overlooked, especially at first. You might not have great posture, and there was a tweak when you went a certain way. With a little time, that tweak, turns into a…
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"Grassley ‘incensed’ by Sessions criticism of proposed sentencing reform legislation"
From The Hill, via the NACDL news scan: Grassley says the legislation would allow "nonviolent offenders with minimal criminal histories a better chance to become productive members of society." Sessions, who has staked out his attorney general legacy as being...
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Being a New Trucker’s Wife: Adjusting to the Lifestyle
If you are the brand new wife of a trucker, or your husband has decided that this is the proper career move for him— chances are, you have a few questions. No one ever said that this process would be a breeze, but once you adjust, it’s manageable and easy to make work. Being a trucker’s wife isn’t always easy when you’re first figuring it out. But, you’re each playing an important role in providing for your family, and with time— you’ll both be seasoned professionals. Following, we’re going to teach you a few tricks of the trade from those that have been in it for a while now. Being a New Trucker’s Wife: Adjusting to the Lifestyle Stay Busy At first, it can be pretty tough to stay busy and occupied when your husband is on a long haul— especially if you don’t have kids. Find ways to pass the time. Whether that be a new hobby, a second job, or spending extra time with family. When you’re adjusting…
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"Interesting tales of a local grand jury that decided some drug cases were not as criminal as a ham sandwich"
Doug Berman has this post at Sentencing Law & Policy, excerpting an Arizona report. From the excerpt: They went so far as to decline to indict people even though there was enough evidence to show probable cause, foreman Natman Schaye...
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"Did Trump's Lawyer Pay Stormy Daniels Out of His Own Pocket?"
Orin Kerr has this post at The Volokh Conspiracy. In part: To "facilitate", the dictionary tells us, means to assist with or to make something easier. Given that, I would think that the most literal reading of Cohen's statement is...
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**FINAL UPDATE - Crash Blocking Lanes Westbound at Vista
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: 02/15/18 09:00 pm Please direct questions to the District Office ****FINAL UPDATE**** On Thursday afternoon, February 15, 2018, the Idaho State Police investigated two crashes, both located westbound I84 near milepost 53, at the Vista Ave. overpass. At 2:55 p.m., David Mendoza, 63, of Boise, was driving a 1999 Ford Escort westbound I84 in front of Kristen Maestretti, 20, of Manteca, CA, who was in a 2006 Chevy pickup. Maestretti rear-ended Mendoza. Both drivers were wearing seatbelts. The second crash took place at approximately 3:12 p.m. Leslie Vanderwood, 39, of Boise, was driving a 2013 Ford Focus westbound I84 near milepost 53, when for unknown reasons she drove onto…
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Do BAC Limits Discriminate Against Alcoholics?
A Texas man who was convicted of a fourth DUI claimed that blood alcohol content limits discriminate against alcoholics. Ralph Alfred Friesenhahn of San Antonio was convicted of his fourth DUI in 2016 and was sentenced to four years in prison after he rolled his vehicle outside of San Antonio, Texas. A later blood test revealed that Friesenhahn’s blood alcohol content was 0.29 percent, more than three times the legal limit of 0.08 percent. Although some states are considering lowering the legal limit to 0.05 percent, all states currently have a limit of 0.08 percent. At trial, Friesenhahn’s attorney motioned the court to dismiss the indictment against Friesenhahn arguing that the state’s legal limit discriminated against alcoholics. Not surprisingly, the judge denied the request and Friesenhahn was convicted of felony driving while intoxicated, the Texas equivalent to California’s “driving under the influence,” and was sentenced to four years…
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Victim Impact Evidence at Sentencing
The recent sentencing hearings for U.S.A. Gymnastics doctor Larry Nassar showed the power of victim impact testimony. Victim after victim testified about Nassar’s abuse and the harm it has caused. Today’s post covers the appropriateness of that type of testimony in North Carolina. North Carolina law encourages victim impact testimony. The North Carolina Constitution includes a Victims’ Rights Amendment that gives victims the right “to be heard at sentencing of the accused in a manner prescribed by law . . . .” N.C. Const. Art. I, sec. 37. The implementing statute for the constitutional provision is G.S. 15A-833, which says that a victim “has the right to offer admissible evidence of the impact of the crime, which shall be considered by the court or jury in sentencing the defendant.” That evidence may include a description of the injuries (physical, psychological, or emotional) the victim has suffered as a result of the offense, an…
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