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Injury crash US95 MP268.2, south of Craigmont, ID

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: <02/22/2018 18:05> Please direct questions to the District Office On February 22, 2018 the Idaho State Police, assisted by Lewis County, investigated a one vehicle rollover crash Northbound US95 milepost 268.2, south of Craigmont, Idaho. Helen D. Chamberlain, 65 year old female, of Craigmont was traveling north on US95 when she lost control of her black 1996 GMC Jimmy, went across the center line into oncoming traffic and off the left shoulder of the roadway. Ms. Chamberlain's vehicle struck a concrete barrier and overturned onto its top. Both lanes of US95 where blocked for approximately 1.5 hours. Ms. Chamberlain was wearing her seatbelt at the time…

MR BOOM BOOM

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You can't make this up. The President of the United States wants to combat gun violence in schools by.....arming teachers. PS 110. East Village. NYC. 2021.Ms. Postdam's Kindergarten class. First Day of School. oGood morning class. I am Ms. Postdam. Please find your seats. Welcome boys and girls to the President Donald Trump Grade School in New York. As we all know, President Donald Trump was born and raised in New York. In fact, when you look out the window, you can see the President  Donald Trump Firearm and Ammunition store. It's right across the street and next to the President Donald Trump and Vice President Vladimir Putin's chain of  Russian-American Friendship Tea and Vodka Shoppes. Class, we have a few rules in Kindergarten. If you need to go poopy or peepee you need to raise you hand and ask  to go to Mr. Potty. If you are hungry, then raise your hand and ask for Mr. Snackee. And if a bad man comes to the…

Arrests for NY PL 260.10: Can Arguing and Pushing Parents Violate Endangering the Welfare of a Child

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More than most crimes in New York, Endangering the Welfare of a Child, New York Penal Law 260.10, is a nebulous and vague charge that leaves a great deal of discretion and interpretation in the hands of the prosecutor and the judge. The most commonly invoked section of the Endangering statute in New York is the allegation that the accused person knowingly acted “in a manner likely to be injurious to the physical, mental or moral welfare of a child.” Not only is this standard difficult to pin down, but it is seemingly subject to the disparate and constantly changing landscape of cultural norms, even between different areas of New York State. Modern psychology leaves no doubt that aggressive and repeated arguments between parents in the presence of a young child can lead to long-lasting psychological trauma, but is a District Attorney going to prosecute two parents criminally for fighting a lot? What about a parent who keeps marijuana for personal use in a desk drawer…

All the Jail Fees

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I get a lot of questions about court costs and other monetary obligations. Jail fees seem to be a particular concern. Let’s talk about all the money that could change hands for every day an inmate spends in jail. Jail fees paid by the defendant. There are three types of jail fees a defendant might have to pay. Pretrial jail fees. Persons confined in jail awaiting trial shall be liable to the county maintaining the jail in the sum of $10 for each 24 hours of confinement or fraction thereof. Years ago that fee was $5 per day, but the General Assembly increased it to $10 per day in 2011. G.S. 7A-313. This fee is a court cost within the meaning of G.S. 7A-304 (it is referenced in subsection (c) of that section), which means it applies unless the court waives it pursuant to a just-cause finding as provided in G.S. 7A-304(a). Probationary jail fees. The second paragraph of G.S. 7A-313 sets out a jail fee for “[p]ersons who are ordered to pay jail fees pursuant to a…

Contesting a Hit and Run Criminal Charge

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Any person involved in a vehicle accident that results in property damage or personal injury has a duty to remain at the scene and report the incident. Police must arrive at the scene to document the incident, and parties involved must exchange contact and insurance information. Leaving the site of an accident prematurely – commonly known as hit and run – is a criminal offense. The charge can be a misdemeanor or felony, depending on the circumstances: Leaving the scene of an accident involving only property damage is a class A misdemeanor; Leaving the scene of an accident in which a person was injured is a class 4 felony if the offender still reports the accident within a half hour; Leaving the scene of an accident in which a person was injured and not reporting it within a half hour is a class 2 felony; and Leaving the scene of an accident in which a person died is a class 1 felony. It can be difficult to defend against a hit and run charge…

A Juror’s Regrets

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The Marshall Project has published the first-person account of a juror who regrets her role in sending an innocent person to prison.  D’Shean Kennedy was 31-year-old graduate student with two jobs when she was selected to sit on the trial of Kia Stewart, charged with the shooting death of Bryant Craig. The prosecution was based almost exclusively on the eyewitness testimony of Craig’s friend who was a passenger in the car that Craig was driving.  The friend claimed that their car came close to hitting Stewart and that he retaliated by shooting Craig. Kennedy explains her reason for voting to convict Stewart: “Two of the jurors were lawyers, and as we deliberated they asked us what we all thought.  I remember feeling that, if the prosecution made some mistake, surely those attorneys would have pointed it out.  I don’t usually jump on the bandwagon, but they seemed to know what they were doing, and they thought he was guilty.”…

Kahn & Song on Violent Physical Force under the ACCA

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Conrad Kahn and Danli Song (Federal Defender's Office, MDFL and Federal Defender's Office, MDFL) have posted A Touchy Subject: The Eleventh Circuit's Tug-of-War Over What Constitutes Violent 'Physical Force' (University of Miami Law Review, 2018) on SSRN. Here is the...

ACLU: New Data Reveals Milwaukee Police Stops Are About Race and Ethnicity

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ACLU: New Data Reveals Milwaukee Police Stops Are About Race and Ethnicity by Nusrat Choudhury: For years, Black and Latino residents of Milwaukee have protested the fact that they and their neighborhoods have been consistently and unfairly targeted for overzealous … Continue reading →

Interesting sentencing details as former Trump campaign official Rick Gates pleads guilty and faces significant prison time

Week of February 19 - 23, 2018

American Legion continues to push federal government for more research on how marijuana can help veterans

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This new article from The Cannabist, headlined "Veterans group ratchets up pressure on White House and Congress to support medical marijuana research: The American Legion wants the federal government to focus on cannabis as potential treatment for PTSD and other ailments," reports on notable new comments from a notable old...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Rl4Fl82gg7s" height="1" width="1" alt=""/>

"E.U. Regulation Will Revolutionize Global Data Privacy. How Will This Affect The Regulated Cannabis Sector?"

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In prior posts here and here, I spotlighted articles published at the Cannabis Law Report discussing federal tax treatment of cannabis businesses authored by Chris Nani, a student in my Marijuana Law & Policy seminar last semester. I am now pleased and proud to spotlight that Chris Nani has branched...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/W-3C3_eOjHE" height="1" width="1" alt=""/>

//blawgsearch75.rssing.com/chan-6519914/article30333-live.html

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One of the most common questions I get when I deal with a new client is “What happens if I lose this case?”  The answer to that question depends on what type of an offense the individual is facing, whether there is prior criminal history, and the circumstances and facts surrounding the current offense.   Misdemeanors vs. Felonies Crimes in Arizona are classified as either felonies or misdemeanors. Misdemeanors range in levels of seriousness from a class one being the most serious to a class three being the least serious.  The maximum penalty for a class one misdemeanor is six months in jail, a $2500 fine, and up to three years of probation.  (One exception to the three years of probation rule is a misdemeanor DUI which can carry up to five years of probation.)   A class two misdemeanor carries a maximum of four months in jail, a $750 fine plus surcharges, and up to two years of probation.  A class three misdemeanor carries a maximum…

Rick Gates Pleads Guilty After New Fraud Indictments, Manafort Maintains Innocence

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On February 22, the investigative team led by special counsel Robert Mueller unsealed a series of new indictments against former Trump campaign manager Paul Manafort, as well as his protégé Rick Gates. The documents, bringing the total number of charges up to 32, mainly concern crimes such as bank or tax fraud, as well as suspicious connections to the Ukrainian government. In the document, Mr. Mueller reveals that both Manafort and Gates “acted as unregistered agents of a foreign government and foreign political parties”, specifically pro-Russian Ukrainian president Victor Yanukovych. Manafort and Gates reportedly earned tens of millions of dollars as a result of their political work in Ukraine, which they then hid from U.S. authorities by failing “to pay taxes on this income by disguising it as alleged ‘loans’ from nominee offshore corporate entities”. Once President Yanukovych was removed from power and fled to Russia,…

Epps on Harmless Error

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Daniel Epps (Washington University in St. Louis - School of Law) has posted Harmless Errors and Substantial Rights (Harvard Law Review, Forthcoming) on SSRN. Here is the abstract: The harmless constitutional error doctrine is as baffling as it is ubiquitous....

2018 Bexar County DWI Info

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Arrested for DWI in Bexar County, Texas?  Don’t panic.  After you bonded out and picked up your car from the impound lot–you may have the next question–“what do I do next?” READ THE FINE PRINT AND REQUEST AN ALR HEARING: Bexar County Courthouse:  Arrested for DWI?  Call 210-733-7575 for a free in-person consultation. The first thing to do is take a deep breath.  You may feel overwhelmed with paperwork and emotions.  Specifically–you may be frustrated that the officer didn’t treat you fairly, embarrassed that you are in this situation,  fear or worry that you may loose your job, and maybe even a sense that you are not in control of the outcome. These are all legitimate feelings and emotions that are typical for clients arrested for DWI.    But there are steps that you can take immediately to put you on the path that will lead you to the most ideal outcome based on the facts of your case.…

Beale & Berris on Hacking the Internet of Things

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Sara Sun Beale and Peter Berris (Duke University School of Law and Duke University School of Law) have posted Hacking the Internet of Things: Vulnerabilities, Dangers, and Legal Responses (Duke Law & Technology Review, Vol. 16, No. 1) on SSRN....

DUI Schools In California

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DUI School When a driver is convicted on a DUI, his or her term of probation will include a requirement to complete a DUI program. On a typical first-time conviction, the driver will be required to complete a 3- to 4-month, 30-hour program. In some instances, the court may order a shorter program of 12 hours if the offense was reduced to a “wet reckless” or for other reasons, such as a conviction on a below .08% BAC. However, if the driver’s BAC was over .19% or if there were extenuating circumstances, such as reckless driving or an accident coincident to the DUI, the court may order a 6-month, 42-hour program or even a 9-month, 56-hour program. In straight DUI conviction, without enhancements, the 6-month and 9-month programs are generally ordered only on a second or third DUI (within ten years). A driver convicted of a third (or more) DUI within ten years will be ordered to complete an 18-month, 64-hour program or even a 30-month DUI program. Continue…

EXCULPATORY EVIDENCE AND THE BRADY MOTION

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The evidence is the heart of any criminal case. We usually think of evidence as evidence that supports (or proves) the allegation that the crime was committed. This is technically called “inculpatory evidence” as it tends to incriminate (or inculpate) the defendant. But what about evidence that tends to exonerate (or exculpate) the defendant? This evidence is called “exculpatory evidence” but it seems we hardly hear about this type of evidence. In the seminal case, Brady v. Maryland, 373 U.S. 83 (1963), the United States Supreme Court held that in any criminal case, the prosecution has a constitutional duty to reveal to the defense any evidence it has that might show the defendant is innocent of the crime charged or did not commit the crime in the manner charged. This is the defendant’s due process right. This is commonly referred to as Brady evidence or a Brady disclosure and it applies to all California criminal cases. Brady evidence can be…

Are You in An Abusive Relationship?

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When someone thinks about domestic abuse, they tend to focus on the worst imaginable things they see on an episode of “Law and Order.” That is not always the case. Domestic abuse can occur when someone in an intimate relationship tries to control or dominate the aspects of their partner’s life. The abuser wants to gain total control over their significant other by any means necessary. They may use multiple tactics such as fear, guilt, and intimidation; but they can also use verbal threats and inflict physical pain. Domestic abuse has no bounds. Abuse can happen to anyone in any situation, regardless of age, ethnicity, income, and sexual preference. Recognizing the domestic abuse if the first step to getting help. Oftentimes, this kind of abuse is physical, but the emotional and psychological effects can be just as devastating. Most people also don’t know that sexual abuse can be common in an abusive relationship. According to the National Coalition…
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