Earlier this month, as noted in this prior post, a federal district judge heard arguments concerning a motion to dismiss the high-profile suit challenging marijuana's placement on Schedule 1 under the Controlled Substances Act. Though the suit garnered a good bit of public attention, the case of Washington, et.al v....<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/zy_CXfxHKU0" height="1" width="1" alt=""/>
Federal judge dismisses high-profile suit challenging marijuana's placement on Schedule 1 under the Controlled Substances Act
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SCOTUS Turns Down Premature Appeal in DACA Case
For most cases reviewed by the U.S. Supreme Court, the procedure is to litigate the case to a final judgment in the lower courts and then petition for what is called a "writ of certiorari" from the Supreme Court, which effectively moves the case there for review.For cases from state courts, the U.S. Supreme Court's jurisdiction is limited to review of final judgments, although the high court sometimes demonstrates some dexterity on what it considers "final." For cases from the lower federal courts, the high court has the jurisdiction to take a case from them before they are done with it, but it rarely does.The case of Dept. of Homeland Security v. Regents of U. of Cal., No. 17-1003 involves President Trump's effort to terminate the Deferred Action for Childhood Arrivals program, the program that President Obama first said he had no constitutional authority to promulgate and later did anyway. The government took the unusual step of…
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"Final Pre-Argument Thoughts on the Microsoft Case"
Orin Kerr has this post at The Volokh Conspiracy. In part: However the Justices decide the case, I hope they don't think of Microsoft as a Fourth Amendment case. Microsoft is a statutory dispute involving a statute that was enacted...
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Two Vehicle Crash in Kimberly
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 02/26/18 9:04 P.M. Please direct questions to the District Office On Monday, February 26, 2018, at approximately 5:39 p.m., Idaho State Police investigated a two vehicle, injury crash, near the intersection of N 3600 E and US Highway 30, in Kimberly. Payne Tanski, 20, of Hagerman, was driving southbound on N 3600 E in a 2015 Ford Focus. Payne failed to yield to oncoming traffic and collided with a 2009 Honda Accord, driven by James Oconnor, 35, of Twin Falls. Tanski was transported by ground ambulance to St. Luke's Magic Valley Medical Center in Twin Falls. All occupants were wearing their seatbelts. Both the eastbound and westbound lane of travel on US Highway 30…
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Can You Get Deported for a DWI?
Being convicted of a DWI can change several aspects of one’s life dramatically—from serving jail time, losing driving privileges, dealing with increased insurance rates, and potentially losing one’s vehicle, for example. People who are in the country illegally could face even more serious problems including possible deportation. While a DWI conviction per se may not […] The post Can You Get Deported for a DWI? appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Tuesday Talk*: Is Innocence Just Himpathy?
Today’s new word is “himpathy.” an excessive sympathy for privileged male perpetrators with ostensibly bright futures. What distinguishes these “privileged male perpetrators” is that they have neither been accused nor convicted, and so they just get away with it. It’s very easy to condemn the likes of Harvey Weinstein now. A few months ago, it wasn’t—and, with regard to many serial sexual predators and other perpetrators, it still isn’t and never will be. So consider how you think about the Harvey Weinsteins of the world whose reputation is still intact, or who’s your boss, or your colleague, or friend, or family member, or favorite sport star, or a public figure you admire—or just somebody you currently think of as a “good guy.” That their “reputations are still intact” would seem to suggest to some that it could be because they haven’t done anything to taint their reputations, but…
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Reingold & Thomas on Parole and the Ex Post Facto Clause
Paul D. Reingold and Kimberly Thomas (University of Michigan Law School and University of Michigan Law School) have posted Wrong Turn on the Ex Post Facto Clause (California Law Review, Vol. 106, 2018) on SSRN. Here is the abstract: The...
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Is #MeToo Movement Causing Rise in Falsely Sex Crime Accusations?
Have you been falsely accused of a sex crime? Unfortunately, such false allegations are frequent today. Many are spurred by sensational news reports of sex crimes involving high-profile people in business, politics, entertainment, and sports. With a growing number of crimes exposed as part of the #MeToo movement, victims are increasingly encouraged to shed light on wrongs against them, even when the incidents occurred years ago. Although many sex crime charges are based on facts, some are not. False criminal charges are often the result of personal anger, resentment or animosity against the accused person. Others are a form of attention-getting, simple misunderstandings or perhaps guilt or shame over having consented to sexual activity. Veteran Houston sex crimes lawyers at the Neal Davis Law Firm are experienced and knowledgeable in handling such sensitive and potentially explosive legal matters. Never underestimate a sex crime charge Sex crime offenses can become serious…
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How Our Criminal Attorneys Help with DUI Charges
Driving under the influence of alcohol, prescription medications, or any illegal substance is a serious matter in California. The state has some of the harshest DUI penalties, which include heavy fines, lengthy driver’s license suspensions, and potential mandatory minimum jail sentences. If you are arrested and charged with any type of DUI, you need an experienced criminal defense attorney working on your case. While you may think you are saving yourself money and can defend these charges on your own, it can have long ranging impacts on every area of your life, jeopardizing your freedom and financial security. California DUI Laws Under the California Motor Vehicle Code, it is illegal for a person to operate a motor vehicle under the influence of alcohol or any other intoxicating substance. Regular motor vehicle drivers can be charged with a DUI if their blood or breath alcohol content (BAC) test registers .08 percent or higher. For commercial vehicle operators,…
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Trump's History in Moments of Danger
Trump says he would have rushed into a high school under attack by a shooter without a weapon. How laughable is the claim? The Washington Post reviews his history when it comes to situations that could put him in danger. Remember during the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Open Thread: Back from the Other Side
Yes, I know that I have been absent from blogging for a week, with no open threads. I have no excuse besides work -- I was so inundated that I felt like if I even took a minute out to check on TalkLeft, it would turn into hours (as it so often does)... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Highlighting the perspectives of governors in dynamic marijuana reform times
Rolling Stone has this lengthy new article on modern state marijuana reforms focused on how governors are reacting to Attorney General Jeff Sessions' latest policy directives to federal prosecutors. The piece is headlines "Sorry, Jeff Sessions – Governors Are Moving Ahead with Pot: At their annual meeting, pro-pot governors say...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/3AeDEKCZr6g" height="1" width="1" alt=""/>
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On the institutional basis for ineffective assistance: Travis Jail Reduction Docket
Travis County will make unspecified changes to their "jail reduction docket" to counter criticisms that it operated as a plea mill coercing guilty pleas out of jailed misdemeanor defendants in exchange for their freedom. Misdemeanants who couldn't make bail would be herded into the courtroom in bunches, meet their lawyer for the first time sitting on a bench in the courtroom, and typically plea guilty in exchange for time served and their freedom. As Grits noted earlier, this has been going on for at least two decades.In their defense, "Since 2014, there has been a 50 percent increase in defendants who have received a personal bond at Jail Reduction Docket." So use of personal bonds for misdemeanants has been increasing. Judge Elisabeth Earle said judges want to do more personal bonds but "Sometimes lawyers don’t want to present them." (Read: Sometimes Austin criminal defense lawyers provide ineffective assistance to their clients, and…
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Miranda Rights
Police Arresting A Woman When Do You Have Your RightsAsk any criminal defense attorney and they will tell you that one of the most common questions they get asked is “if the cops didn’t read me my rights, my case will be thrown out, right?” I’ve lost count of how many times I’ve been asked this; and no matter how many times I answer this question, every client seems surprised when I tell them, “not necessarily.” Many clients believe that they can beat their case because the cop did not read them their Miranda rights. Despite what Hollywood would have many people believe, this is a myth. In fact, in my experience this is one of the most pervasive myths in the criminal justice system. The reality is that in real life, a cop doesn’t routinely “read you your rights” when he arrests you. Why? Because it is neither required nor necessary in most cases. The truth is, the only time an officer must read a person his or her…
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Former Atlanta Woman Was Accused of Making False Sex Claims Against Roy Moore
U.S. Republican Senate candidate Roy Moore lost an election to his Democratic rival in December, mainly due to claims of sexual misconduct with underage girls. However, one woman from Atlanta was accused of false sex claims. The Atlanta Journal Constitution reported that Jaime Phillips allegedly invented a story that the candidate impregnated her as a teenager and approached the Washington Post. The story illustrates some of the issues criminal defendants face in sex assault cases. Frequently, they are arrested on the uncorroborated evidence of a single witness who may have an ulterior motive. The AJC reported Phillips spoke with reporters from the Washington Post. She claimed Moore made her pregnant as a teenager. However, reporters from the Post were able to disprove her story. The Post reported the woman shared her dramatic story about an alleged sexual relationship with Moore in 1992 that resulted in an abortion when she was 15. Former Atlanta woman was accused of making…
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SCOTUS finally resolves Jennings v. Rodriguez, ruling Ninth Circuit erred when deciding detained aliens have a statutory right to periodic bond hearings
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Texas Governor Spares The Life of Death Row Inmate Thomas Whitaker
Texas Governor Spares The Life of Death Row Inmate Thomas Whitaker It’s extremely rare for the Texas Board of Pardons and Paroles to recommend a lesser sentence for a death row inmate facing execution but it happened this month. Shortly afterwards, state Governor Greg Abbott accepted the state parole board’s unusual and unanimous recommendation to grant clemency for death row inmate Thomas Whitaker. The last time the board recommended clemency for an inmate on death row was 2009, reported the Texas Tribune. A Texas governor had not approved clemency since 2007. Abbott’s order came down less than an hour before Whitaker was due to be executed for the 2003 murders of his mother and brother in Fort Bend County. Abbott is a strong supporter of the death penalty and Texas routinely executes more prisoners than any other state. He granted clemency for Whitaker for a number of reasons: The man who pulled the trigger in the killings got a lesser…
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MA Among the Tightest Gun Control Regimes in the Nation
With its strict gun laws, Massachusetts has one of the lowest gun-related death rates in the country. In 2014, MA tightened its restrictions even more, providing law enforcement with increased discretion to deny gun permits to “unsuitable” individuals. MA also has strict regulations about assault weapons and has long been part of a nationwide effort to prevent individuals who are deemed mentally ill from obtaining guns. In fact, according to Guns & Ammo magazine, MA has the third tightest gun control regime in the nation. Gun control has been center stage in recent years, with mass shootings occurring across the country annually. A massacre committed by one man with automatic weapons in Las Vegas last year resulted in the death of dozens, and most recently, a deadly school shooting at a high school in Parkland, Florida has brought the debate between gun control and gun rights activists to a head. Statistics show that states with stricter gun laws do have fewer…
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Charged with Cocaine Possession or Distribution in MA?
Cocaine is one of the most heavily-trafficked illegal drugs in Massachusetts today. Unfortunately, cocaine possession, trafficking and distribution are often associated with gang activity and other forms of violences. As such, even possession of a small amount of cocaine can land you in prison. Cocaine is regulated at the state and federal level. In MA, penalties for cocaine-related crimes are severe. In some cases, you may be able to get a plea bargain in exchange for information that helps prosecute high-level traffickers. MA also has specialized drug courts for low-level offenders. If you qualify for such a program, you may be able to avoid jail time in exchange for treatment and rehabilitation. No matter what your situation, it is absolutely essential to hire skilled legal representation. A Boston drug crimes defense attorney can help you determine how to proceed if you’ve been charged with cocaine possession or distribution. Penalties for Cocaine Possession and…
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Understanding California’s Sexual Assault Laws
In recent months, the news has been filled with stories of sexual assault, sexual abuse, and sexual harassment, and people have become emboldened to step forward and discuss the crimes that have been committed against them. The #MeToo movement has resulted in serious consequences for many people, including several well-known public figures. Under this increased level of scrutiny, some people may be facing accusations of sexual impropriety, and it is important to understand how California’s state laws define sexual assault and the possible consequences that can result from a conviction. California Sex Crime Laws In California, sexual offenses primarily fall into one of the following categories: Sexual battery - This offense occurs when a person touches another person’s intimate parts against their will for the purpose of sexual gratification. This includes instances where the person being touched is unlawfully restrained, unconscious, or medically incapacitated.…
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