Rosa Bartra ha reiterado ayer en "Cuarto Poder" que tiene 23 años de experiencia en los institutos tecnológicos y para ella, entiendo, es suficiente esa experiencia para proponer una reforma que ESCLAVIZA, podrá decir todo lo que le ocurra y aceptar debatir y buscar compensación adecuada al practicante. Declaró esta cucaracha que las empresas peruanas contratan técnicos de Colombia, Costa Rica y otro País porqué en el Perú NO existen. Esa declaración merece todo un análisis que por el momento me reservaré, pero tocaré las prácticas de los estudiantes como el Instituto D.A. Carrión que en los últimos años ha tenido un crecimiento vigoroso y los múltiples Institurtos que enseñan no sólo computación, también ensamblado y reparación de las mismas y los institutos que preparan a cocineros, y arreglistas del…
ROSA BARTRA Y 23 AÑOS DE EXPERIENCIA
↧
↧
OR: Def disavowed consent issue in trial court, so he couldn’t argue it on appeal
Defendant disavowed the argument made on appeal in the trial court, and you just can’t do that. “Defendant failed to preserve his argument because he failed to provide the trial court with an objection, let alone ‘an explanation of his … Continue reading →
↧
D.Mass.: Overseizure by retention of unresponsive emails seized under SW doesn’t require suppression of all
Defendant contends that the overseizure and retention of emails obtained by warrant that aren’t relevant to the crime under investigation requires suppression of even that which was validly obtained. No court has gone that far. His creative attempt to extend … Continue reading →
↧
WaPo: Supreme Court to hear Microsoft case: A question of law and borders
WaPo: Supreme Court to hear Microsoft case: A question of law and borders by Ellen Nakashima: The Supreme Court is set to hear on Tuesday a case that could have far-reaching implications for law enforcement access to digital data and … Continue reading →
↧
FACDL WINNERS
The envelope please....This is what we wait for all year.The anticipation...the thrill of victory...the agony of defeat.The FACDL annual award winners are...The Daniel Pearson-Harry Prebish Founders Award:Jane Moskowitz and the late Gregg Toung.The Rodney Thaxton "Against All Odds Award"Michelle Estlund for her work in a Graham/Miller resentencing issue.Gregg Wenzel Young Lawyer's Award:Abbie Waxman.And our favourite award...Known by it's eponymous name The Honorable Gerald Kogan Judicial Distinction Award (affectionately known as "The Kogie") to United States Judge Patricia Seitz.The award banquet is May 12, 2018.Tickets, which are sure to be a hot ducat, go on sale March 1, 2018.Site Feed
↧
↧
Sealing Drug Convictions that Occurred Before July 1, 2008 in Colorado
It is possible to seal drug convictions in Colorado for cases where the conviction occurred before July 1, 2008. Specific rules apply for the process and eligibility for these convictions. Eligible cases are as follows: petty offenses or misdemeanor offenses in violation of Article 18 of Title 18, CRS. Class 5 and Class 6 Felony convictions are also eligible. These felony convictions however cannot relate to the following: 1) possession with intent to manufacture sell or dispense drugs; 2) conspiracy or attempt to dispense, manufacture or sell drugs; and 3) dispensing, manufacturing or selling drugs. Further criteria requires that the prosecutor not object to the sealing and that the petitioner pay the prosecutor’s office for their legal fees and costs incurred as a result of the petition. The petitioner is also responsible for the court’s filing fees. All fees and restitution must be paid prior to filing. If a petitioner still…
↧
CAN POLICE USE A DOG TO SNIFF YOUR CAR?
If police stop you for a traffic violation, they don’t need a reason to change the reason they stopped you. For example, they can stop you for speeding but then bring in a narcotics dog to sniff your car. However, if the dog sniff unduly prolongs the stop, a court may, in limited circumstances, suppress the evidence from the search. But how do you know if your stop was unduly prolonged? The answer can be very fact specific. Courts focus on the reasonableness of the delay. Generally, the stop cannot be prolonged past the time it reasonably takes to complete the mission of writing the ticket for the initial violation. A stop that exceeds the time needed to handle the matter for which the stop was made violates the fourth amendment. In People v. Paddy, the officer had finished the written warning but returned to the driver to ask for proof of insurance. Because the car was registered in another state, Illinois law did not require such proof. Therefore, the court said, the…
↧
Simic & Kazic on Minimum Age of Criminal Responsibility
Goran Šimić and Ena Kazić (International University of Sarajevo (IUS) and International University of Sarajevo (IUS)) have posted Legal Challenges in Regulation of Minimum Age of Criminal Responsibility with Special Emphasis on Bosnia and Herzegovina (Epiphany: Journal of Transdisciplinary Studies,...
↧
The 411 About Plea Agreements in Florida
The majority of criminal cases in Florida get resolved by plea agreements. In the Florida Rules of Criminal Procedure, Rule 3.171 governs plea agreements. The prosecutor has broad discretion in plea agreements. The prosecutor may engage in discussions with the defendant’s attorney or, if the defendant is unrepresented, with the defendant himself as long as a record is made of the discussions. The prosecutor may ask the defendant to enter a plea of guilty or no contest (nolo contendere) to a charged crime or to a lesser or related offense in exchange for the prosecutor agreeing to any of the following: 1) abandon other charges; Continue reading
↧
↧
Brand’s Memo and Dan’s Desk
Rachel BrandLast month, then-Associate Attorney General Rachel Brand issued a memorandum to Department of Justice civil lawyers concerning the circumstances under which they may and may not use federal agencies’ “guidance documents” in civil lawsuits brought by the government. Ms. Brand has since left the department to take a position in the private sector, but her memorandum lives on and may have significant effect for American regulated businesses not only for civil litigation – its stated goal – but also for corporate criminal indictments and trials. The Department of JusticeWhat Does The Memo Say? The Brand Memo, which is brief, follows up on a November 16, 2017 policy memo issued by Attorney General Jeff Sessions called “Prohibition on Improper Guidance Documents.” The Brand Memo makes three points about DOJ’s civil cases: First, “guidance documents cannot create binding requirements that do not already…
↧
Potholes in New Jersey: What You Need to Know
Winter’s grasp over the Garden State might not be over, yet many can’t help but notice the weather getting better as of late. The ice is melting and the giant piles of plowed snow are shrinking, but there’s one ugly and potentially deadly nuisance(s) Old Man Winter is leaving behind as we get closer to Spring – potholes. These nuisances are caused by the weathering of roads; when the asphalt has worn away and the concrete is exposed to the elements. Once a pothole forms, it can grow based on the excess runoff from rainwater and the melting ice and snow. Roadways that are prone to having more potholes are areas that have poor drainage and are heavily traveled. Depending on where you live in New Jersey or any place in the Northeastern United States, you see drivers trying to avoid potholes like a life-sized game of Whack-O-Mole. You might even confuse another driver’s erratic behind-the-wheel behavior with that of someone who’s been drinking.…
↧
Jones on The San Clemente Checkpoint
Elizabeth N. Jones (Western State College of Law) has posted Possible Problems at the San Clemente Checkpoint (6 Va. J. Crim. L. 43 (2018)) on SSRN. Here is the abstract: This Article explores the U.S. Border Patrol’s administration of its...
↧
Falsely Accused of Elder Abuse | What You Should Do
Looking after our elders, be they grandparents, great grandparents, or just a neighbor or friend, is a civil responsibility that has been passed down for generations, As they age it is essential to provide needed care and help, with the understanding that when we get older someone else will take up that duty. However, what should you do if you are falsely accused of elder abuse? The expert attorneys at the Law Firm of Elliot Kanter have experience working cases of elder abuse, and they can explain the different kinds of elder abuse and what to do if you are falsely accused. Types of Elder Abuse There are two distinct types of elder abuse that an individual can be accused of committing. These two types of elder abuse are financial abuse and physical abuse. Financial Elder Abuse Financial elder abuse is when an individual abuses the trust of the elderly person for financial gain. This can be when you are the trustee of an elderly person’s estate or merely a friend who…
↧
↧
At just what level of Dante's Inferno does modern ACCA jurisprudence reside?
↧
Expect more “straw purchaser” prosecutions in federal gun cases
Our nation has been rocked following yet another mass shooting. This time, seventeen students and teachers died in a high school in Parkland, Florida. In response, many have proposed passing… read more → The post Expect more “straw purchaser” prosecutions in federal gun cases appeared first on Pate & Johnson Law Firm.
↧
"HOW CHICAGO KEEPS TABS ON ITS FOOD TRUCKS AND DESTROYS THE FOURTH AMENDMENT"
From Newsweek, via the NACDL news scan: But your enthusiasm drops precipitously as you learn that GPS devices have been installed on both the car and phone, allowing the company to continuously track your location. And your shock turns to...
↧
Jaros on Criminal Doctrines of Faith
David Michael Jaros (University of Baltimore - School of Law) has posted Criminal Doctrines of Faith on SSRN. Here is the abstract: Decisions like Miranda v. Arizona helped popularize a conception of the courts as a protector of criminal defendants...
↧
↧
Dan Walters on Proposition 57
Dan Walters is the dean of journalists covering California politics. It would be a slight exaggeration to say he has been doing it since God was in grade school.Walters has this commentary for CALmatters on the recent Superior Court decision holding that Proposition 57 will make eligible for parole a broader array of felons than its proponents promised the people it would.Indirectly, leniency would be allowed for quite a few felonies, such as sex crimes, that most of us would deem to be violent - and, in fact, are counted as violent offenses in crime data provided by the state Department of Justice. Critics of Brown's measure - the state's prosecutors, particularly - pointed out the anomaly, and complained that if passed, it could allow some vicious predators to once again range freely.In response, Brown publicly promised that by regulation, state prison officials would make sure that sex criminals would not benefit from Proposition 57's new…
↧
ROXBURY MAN VIDEOTAPES BOSTON POLICE OFFICER’S MISCONDUCT; DEPARTMENT DETERMINING DAMAGE CONTROL (Part One Of Three)
If you know any judges, politicians or members of law enforcement, I beg you to bring the next few blogs to their attention. Perhaps, to the extent that they do not understand a fatal-yet-ignored issue in the Massachusetts criminal justice system, this will wake them up. Oh yeah…all the rest of you civilians out there should read them too. After all, you are the truest victims of it. Looking at the local news this past weekend made me feel like I had fallen into some kind of a time-warp and woke up in Deja-vu Land. The news of our “leaders” in criminal justice seem to be in the same places and saying the same things as before…only the names and dates seem to have changed. it is perpetual Groundhog Day. Nevertheless, as criminal defense lawyers like me make the clarion call of corrupted prosecutions, unless we have instant fool-proof and court-admitted evidence…ye ol’ “smoking gun”…we are treated like Chicken Little…
↧
Split California Supreme Court holds 50-year sentence for juve kidnapper violates the Eighth Amendment after Graham
↧
