Many people will remember the nurse in Utah who refused to draw blood in a DUI case under directions from a police officer and was arrested. She subsequently settled a lawsuit for $500,000 and the officer was fired. As a result the Utah legislature tried to fix the problem. In Anne Arundel County doctors and nurses have also refused to follow illegal directions from police officers. In response, bills were introduced in the Maryland Senate and Maryland House of Delegates to try to fix the problem. The bill would require qualified medical persons to withdraw blood where the driver did not consent to a test after an officer developed reasonable grounds (defined as reasonable articulable suspicion) to believe a person was driving while impaired by alcohol or drugs and there was an accident resulting in a fatality or life threatening injury. The problem is that the Supreme Court has held in two cases, Missouri v. McNeely, 133 S. Ct. 1552, 185 L. Ed. 2d…
SB722 and HB1205 withdrawn after testimony from Stamm and others!
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"Marijuana for Moms"
The title of this post is the headline of this notable lengthy Atlantic piece, with the subheadline: "In states where weed is legal, new mild cannabis products are catching on with parents." Here is how it gets started: Many a meme has been made about “wine moms”—mothers who joke online...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/17_drabPiNw" height="1" width="1" alt=""/>
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"A Popular Legal Blog"
When Bill Otis was nominated for the Sentencing Commission yesterday, it was a sure bet that his writings on this blog would be a subject of controversy sooner or later. Sooner, it turns out.Kristine Phillips has this post at the WaPo on the nomination. She refers to Bill's writing "on a popular legal blog." Can't mention us by name, I guess, but the name is in the URL linking the post, so it's all good.As expected, Bill is accused of "racially tinged" remarks. What's "racially tinged"? Defending Judge Edith Jones for observing the unfortunate but undeniable demographic reality that crime rates are higher in some ethnic groups than others.Part of knowing people is knowing the enemies they make. Bill is attacked by Families Against Mandatory Minimums and For Increasing the Number of People Victimized by Crime. [I added that last part.] FAMM is a reliable contrarian indicator, so their…
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Fields on Clinton's Handling of Classified Information
Shannon Fields has posted Intent or Gross Negligence: Hillary Clinton Should Be Charged Under 18 U.S.C. § 793 for Mishandling Classified Information (Regent University Law Review, Vol. 30, No. 1, 2017-2018) on SSRN. Here is the abstract: The Department of...
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Texas judicial elections broken but far from radar screen of legislative power brokers
Here are a few odds and ends that merit Grits readers' attention even if I haven't found time to author full posts on the topic.Dallas DA race coverageInJustice Today has a good piece summarizing the race from a reformer perspective.Texas judicial elections broken but far from radar screen of legislative power brokersThe Baker Institute makes the case against electing Texas judges. Is anybody listening? According to the author, Mark Jones, "Texas is one of only two states that initially elects and then re-elects its judges in partisan elections where voters have the option of casting a straight-ticket vote." Notably, one of Texas' most distinguished jurists, Elsa Alcala is voting with her feet, leaving the Court of Criminal Appeals in large part because the election system is broken, as she told the Texas Tribune:“Either [people] don’t vote in the race, or they vote based on familiar-sounding names,” Alcala said. “It’s not…
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Healthcare Fraud Investigations Are on the Rise
There has been a recent increase in arrests and prosecutions for health care fraud in Florida as a result of increased law enforcement efforts in investigating these crimes. Healthcare fraud largely involves medical providers committing fraudulent billing practices to increase their profits, including submitting charges for reimbursement to insurance companies, Medicare, and Medicaid for services that weren’t provided. Additional investigations include accepting illegal kickbacks for patient referrals and billing insurance companies under incorrect billing codes to increase the payments received. On July 31, 2017, seventy-seven people were arrested in Florida for their involvement in various health care fraud schemes that totaled over $141 million dollars in fraudulent billing. These arrests were part of a larger investigation by the Medicare Fraud Strike Taskforce that resulted in 412 individuals facing charges for over $1.3 billion in false billings. These…
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ACLU: TSA Tests See-Through Scanners on Public in New York’s Penn Station
ACLU: TSA Tests See-Through Scanners on Public in New York’s Penn Station by Rashida Richardson, New York Civil Liberties Union & Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy, and Technology Project: The TSA and Amtrak Police are trying out … Continue reading →
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//blawgsearch75.rssing.com/chan-6519914/article30488-live.html
1. US v. Evans, No. 16-10310 (2-28-18)(M. Smith w/Bates; dissent by Ikuta). This involves SR standard conditions, which the 9th finds unconstitutionally vague. The panel remanded to remove one condition and to get some clarity with others. The SR standard condition #4 instructs to “meet other family responsibilities.” Does this mean to wash dishes, go to his child’s sports games, and other instances. The panel notes the Commission has already omitted this condition and the court should do so here too. As for #5, which requires “work regularly,” it can be vague. Is it full time work, partial work, the same amount of work each week? The panel notes that the Commission means close to full time, but there is ambiguity. The condition is remanded to clear that up.Condition #13 requires third parties to be notified of risks “occasioned” by the defendant’s criminal record or personal characteristics. The…
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Contempt for the System? I Can’t Imagine Why!
INT JUDGE’S CHAMBERS. We see a JUDGE, sitting comfortably behind his desk, talking to a REPORTER, who is taking diligent notes. JUDGE: Over the 36 years I’ve been on the bench, the defendants’ attitudes have changed. Most no longer have any respect for the rule of law.The young black men – and it’s primarily young black men rather than young black women – charged with felony offenses, they’re not getting good advice from their parents. REPORTER: Oh? CUT TO INT COURTROOM. We see a different JUDGE talking to a DEFENDANT while a DEPUTY and the Defendant’s LAWYER stand watching. The DEFENDANT is in street clothes. CLOSE ON the “shock belt” around the DEFENDANT’s leg. DEFENDANT: The defendant has a right to object to procedures whereby a party asserts a piece of evidence or other matters – JUDGE 2: Mr. Morris. Mr. Morris. I am — THE DEFENDANT: That’s the law. JUDGE 2: Mr. Morris, I am giving you one…
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Criminal Vehicular Homicide Charges: Part II
In Lundgren & Johnson’s first article from the criminal vehicular operation series in October 2017, we discussed the eight categories of Minnesota criminal vehicular homicide (CVH) and criminal vehicular operation (CVO) charges. While those eight categories encompass a variety of factual circumstances, each one has a common requirement: causation. In other words, Minnesota criminal vehicular homicide and operation charges all require that the prosecutor allege a particular defendant caused the death or injury of another. Further, in order to convict a defendant of CVH or CVO, a prosecutor must then prove that accusation beyond a reasonable doubt. For the purposes of this article, we will use the term criminal vehicular homicide as an umbrella term for the offenses constituting CVO and CVH. The varying distinctions of the severity of charges involving CVH and CVO will be addressed in another part of this continuing series in the Lundgren…
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Michael Corleone Gave Money to the Church
At 12:15 there will be an “Award Presentation Honoring Sens. Whitmire and Huffman; Reps. Smithee and Herrero and the Honorable J. Keller.” I googled those names, and the first thing that I found that they all have in common is membership in the Timothy Cole Exoneration Review Committee. Hey. Let’s talk about exoneration. Exoneration for actual innocence is politically palatable across the spectrum. Should someone who can prove that he is factually innocent be punished? Almost everybody would say “no.”1 Due process for people who may not be actually innocent is not nearly as popular a cause. In the abstract people support it, but when it comes down to cases they really don’t care if people who obviously did bad things got a fair shake, or had effective counsel, or were legally searched. Actually, it’s not so much that they don’t care as that the scared white republicans who elect judges like Sharon Keller and senators like Joan…
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Couple Charged with Cruelty for Homing Children in Box for Years
A couple was arrested on Wednesday when authorities found that they live in a box made of plywood, and had been residing there with their three children for several years. Mona Kirk and Daniel Panico of Joshua Tree have three children and they have reportedly lived well below the poverty level for quite some time. The couple owns a piece of land in a rural area, and they have parked a trailer on the property in order to provide shelter to their family. Near the trailer, they have an outdoor box-like structure made out of plywood, and there is no electricity or running water on the land. They have been making ends meet in this fashion for the last four years. The children, ages 11, 13 and 14 are homeschooled and are said to be very intelligent. Their parents keep them active in community activities such as the local scout group, and frequented educational spots including the Hi-Desert Nature Museum in Yucca Valley, and the public library, as reported by friends of the family.…
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Martín Benavides Abanto, Flor Luna Victoria y LOS JÓVENES
http://larepublica.pe/sociedad/1205543-martin-benavides-jefe-de-sunedu-la-mision-es-mejorar-la-calidad-universitaria Estos son dos párrafos de la nota sobre el jefe interino de la sunedu “Estamos aquí para cumplir una misión y esa misión es tratar de colaborar con la mejora de la calidad universitaria. Ustedes ya lo saben y lo llevan a la práctica día a día. Lo que les quiero pedir es que renueven ese compromiso que nos llevará a que todas nuestras actividades estén canalizadas en el beneficiario último de nuestro trabajo: los estudiantes”, manifestó. En su discurso de presentación, Benavides Abanto, doctor con PhD en Sociología por la Universidad Estatal de Pennsylvania, también remarcó que la Sunedu debe pensar siempre en la comunidad universitaria, especialmente en los jóvenes. Por último, Martín…
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ALFREDO BULLARD Y SU DEFENSA DE LA ARBITRARIEDAD
https://elcomercio.pe/opinion/columnistas/cineplex-indecopi-cine-consumidores-servicio-libertad-bamba-alfredo-bullard-noticia-501610 "Pero al margen de la ideología, hay razones prácticas del más elemental sentido común que, simplemente, no se quieren ver. No es una discusión entre liberales y socialistas. Es una discusión entre pensar un poquito o decidir no hacerlo". Los abogados, especialmente los más, no me incluyo en ellos, tienen el arte de confundir y para ellos utilizan las dos últimas líneas de su habitual columna de los sábados "Es una discusión entre pensar un poquito o decidir no hacerlo". veamos: ¿Libertad? es un concepto interesante ¿Que significa? Para mí, la capacidad de decidir entre varias opciones de una misma cosa o de muchas interpretaciones sobre la misma, por ejemplo y a tono con la capacidad de confundir de…
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Dersh’s Biggest Enemy
Retired Harvard criminal law prof, Alan Dershowitz, has become a pariah in polite academic society, which wouldn’t be a bad thing but for the reason. It’s rather striking that Dersh and Dennis Prager, a conservative radio talk show host, are sitting in the same room, talking calmly to each other, agreeing. A mere decade ago, this would have been more likely to be a naked mud-wrestling match. One explanation for this phenomenon is that Dersh has gone cold, the one-time wooly-haired liberal has become a Trump apologist and conservative shill, an ex-prawf willing to say whatever will get him a TV gig to keep his name in the papers and puss on the screen. Given his history of being provocative for its own sake and his self-aggrandizement, this wouldn’t be much of a stretch. But even blind squirrels find an occasional nut. Dersh’s dismissal of the alt-right, whom he calls “a few dozen people with swastikas,” suggests he’s deliberately…
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What Happens If I Get Charged with Conspiracy in Connecticut?
Conspiracy charges in Connecticut come hand-in-hand with other misdemeanor or felony charges, like Burglary, Possession with Intent to Sell, Assault, or Robbery. To be guilty of conspiracy, you or a co-conspirator must commit a specific, overt act in furtherance of the conspiracy. You must enter into an agreement with 1 or more other people to commit a crime for the conspiracy charges to stick. Connecticut police will lean on you hard and use intimidating interrogation tactics to get you to roll over on the other co-conspirators. You should know that police are legally allowed to lie to you during these interrogations. Connecticut federal conspiracy charges are extremely serious and can carry mandatory jail time under the United States sentencing guidelines, so contact any of the best Connecticut Conspiracy lawyers before you go to court or speak with the police or FBI. What Does Being Charged with Conspiracy in Connecticut Mean? Every Connecticut conspiracy arrest under CGS…
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Sins Of The Teachers’ Union
A statewide strike by teachers in West Virginia may well be justified by the failure of their salaries to keep pace with the cost of living, not that the same can’t be said about the salaries of many others. But the strike is unlawful. Teachers’ strikes are an old joke, where the penalty for engaging in an unlawful work stoppage is negotiated away with the settlement. Of course, the week plus (thus far) of the strike means that students lose a week of education, and working parents are forced to find some way to deal with their children at home rather than school. That makes it hard for the teachers to fall back on their usual claim, “we’re doing it for the children,” when the kids suffer and, well, they’re doing it for the money. The conflict arises from the niggardly raises offered teachers, and they were, indeed, pretty darn low. He would learn something about workers’ dignity if he spoke with Katie Endicott, a 31-year-old high…
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CA6: Nexus to cell phones shown through investigation plus def was using his when arrested
Nexus was shown to defendant’s cell phone because the affidavit in support of the search warrant for the phone showed that the gang had used cell phones communicate and defendant was using his phone when arrested and he’d already been … Continue reading →
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California Physician Sentenced in Sacramento Federal Court to over 4 Years in Prison for Prescribing Methadone and Pain Medications Without Proper Documented Medical Exams
One of the issues with physicians and former physicians is that the government can file charges years after the treatment. This is happening with those who prescribed pain medications years ago to patients. A recent case relates to patients from 2008 to 2012.On February 22, 2018, a formerly licensed physician, Nicholas J. Capos Jr., 67, of Yuba City, was sentenced by U.S. District Judge Morrison C. England Jr. to four years and four months in prison for selling prescriptions of controlled substances such as oxycodone and methadone. This sentence followed a guilty plea.According to court documents, between April 3, 2008, and October 30, 2012, Dr. Capos, who was then a licensed physician with a specialty in cardiology, allegedly knowingly and intentionally prescribed controlled substances without properly examining the patients and ignoring obvious signs that the patients were abusing or reselling the medications. He was charged with prescribed quantities far in excess of human…
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Georgia Supreme Court Holds Officer Erroneously Correlated Field Sobriety Test Results with BAC
Pursuant to Georgia law, a trial judge may decide whether a procedure in question has reached a stage of scientific certainty. The trial court makes this determination based on evidence presented to it during trial, or based on exhibits, treatises, or cases from other jurisdictions. The trial court ultimately decides based on the evidence available to him rather than by calculating the consensus in the scientific community. This issue came up before the Georgia Supreme Court this fall in the context of a DUI appeal. It could play a role in Illinois DUI proceedings at some time as well. Following a jury trial, a Georgia woman was convicted of DUI and possession of an open container. She appealed the DUI. The appeals court affirmed, and the Georgia Supreme Court granted certiorari to consider whether the intermediate court erred in holding that the trial court properly admitted the police officer’s testimony correlating her horizontal gaze nystagmus (HGN) test results with…
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