The first time I heard someone take issue with the absence of any fictional character who “looks like me” was on the twitters, when someone (forgive me, I can’t remember who it was anymore) complained that there was no one in Harry Potter who “looked like” his child. My reaction was, “so write your own Harry Potter and make your child happy.” It struck me as an infinitely silly complaint. At the time, I didn’t have any idea where this point of contention came from. I never thought any characters looked like me, and it didn’t trouble me in the least. But the call continued, and appears to have resonated with many who complain about the lack of black or transgenders or Aleuts in films, television and books. My initial reaction was that this was a rallying cry that people latched on to because it served their purpose, but that they didn’t really care and weren’t really “hurt” by it. Obviously, every…
Tuesday Talk*: Looks Like Who?
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LR article: Manuel v. City of Joliet: Pursuing a Claim Under the Fourth Amendment
Manuel v. City of Joliet: Pursuing a Claim Under the Fourth Amendment by Lynda Hercules Charleson, 5 Tex. A&M L. Rev. Arguendo 47 (2017). Abstract: In Justice Kagan’s majority opinion in Manuel v. City of Joliet, the Supreme Court held … Continue reading →
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MD: Use of text messaging is not a waiver of REP for spousal privilege
The state obtained text messages by legal process and admitted them at trial, arguing that the Verizon service agreement was a waiver of any reasonable expectation of privacy in third party records. It is not a waiver of spousal privilege … Continue reading →
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Massachusetts Court Affirms Conviction for Drug Possession on “Constructive Possession” Theory
Earlier this month, an appellate court issued a written opinion in a Massachusetts drug possession case requiring the court to determine if the evidence presented by the prosecution was sufficient to sustain the defendant’s conviction. Ultimately, the court determined that there was sufficient evidence to find that the plaintiff constructively possessed the drugs. The Facts of the Case In January 2015, the defendant’s apartment was searched by police who had a warrant. The police were looking for the defendant’s boyfriend, and when the police located heroin in the defendant’s apartment, they arrested her boyfriend. One of the arresting officers warned the defendant to stay away from the boyfriend. The next month, police again searched the defendant’s apartment, and again, her boyfriend was present. At the time the police searched the apartment, the defendant was not home. The police asked the defendant’s boyfriend if there were any drugs in…
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Army: Specific issue of using computer to aid iPhone search waived by not presenting to trial court
On appeal defendant conceded the lawfulness of the seizure of his iPhone. Army investigators allegedly illegally seized a computer as well. All the trial court litigation never raised the question of the use of the computer, too, so that’s waived. … Continue reading →
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Estate Administration and Surviving Spouses
The death of a spouse is one of the most difficult experiences a person can go through. Dealing with their spouse’s estate administration makes this process even more challenging. The best way to make things easier on your spouse is to develop an estate plan and communicate your plans and wishes to your spouse. After the passing of a spouse, the surviving spouse will be involved in several matters of estate administration. Some of the following tasks will often be up to the surviving spouse to complete. The Spouse as Executor You may choose your surviving spouse as your executor, but it isn’t always a good idea to do so. They may be stricken with grief and have a difficult time administering your estate. There are a lot of deadlines to meet and financial issues involved in serving as an executor. If your spouse isn’t familiar with complex financial matters, this will be especially tough on them. Another relative or a professional, such as your estate planning…
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"Lethal Rejection: An Empirical Analysis of the Astonishing Plunge in Death Sentences in the United States from Their Post-Furman Peak"
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Furniture company pays $500,000 to settle whistleblower’s False Claims Act allegations
On February 6, the Department of Justice announced that Tennessee-based Home Furnishings Resource Group, Inc., had agreed to settle a competitor’s whistleblower lawsuit for $500,000. According to DOJ’s press release: The Department of Justice announced today that Home Furnishings Resource Group Inc. (HFRG) has agreed to pay $500,000 to resolve allegations that it violated the False Claims Act by making false statements on customs declarations to avoid paying antidumping duties on wooden bedroom furniture imported from the People’s Republic of China (PRC). HFRG, which also operates under the name Function First Furniture, imports, among other things, bedroom furniture that is sold for use in university student housing. The company is headquartered in Hermitage, Tennessee. * * * The settlement announced today resolves allegations that HFRG evaded antidumping duties owed on wooden bedroom furniture that the company imported…
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Government intervenes in whistleblowers’ case against compounding pharmacy, sues executives and private equity fund
On February 23, the Department of Justice announced that it had filed a complaint-in-intervention against a Florida-based compounding pharmacy, Diabetic Care Rx LLC d/b/a Patient Care America (PCA), its executives, and the private equity firm that owns it, for paying illegal kickbacks. According to DOJ’s press release: The United States has filed a complaint in intervention against Diabetic Care Rx LLC d/b/a Patient Care America (PCA), a compounding pharmacy located in Pompano Beach, Florida, alleging that the pharmacy paid illegal kickbacks to induce prescriptions for compounded drugs reimbursed by TRICARE, the Department of Justice announced today. The government has also brought claims against Patrick Smith and Matthew Smith, two pharmacy executives, and Riordan, Lewis & Haden Inc. (RLH), a private equity firm based in Los Angeles, California, which manages both the pharmacy and the private equity fund that owns the pharmacy, for their involvement in the…
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Deloitte & Touche pays nearly $150 million to settle
On February 28, the Department of Justice announced that the Big Four accounting firm, Deloitte & Touche, had agreed to pay $149.5 million to settle False Claims Act allegations that the firm provided shoddy independent auditing services for a mortgage firm that did business with the Federal Housing Administration. According to DOJ’s press release: The Justice Department announced today that Deloitte & Touche LLP has agreed to pay the United States $149.5 million to resolve potential False Claims Act liability arising from Deloitte’s role as the independent outside auditor of Taylor, Bean & Whitaker Mortgage Corp. (TBW), a failed originator of mortgage loans insured by the Federal Housing Administration (FHA) in the Department of Housing and Urban Development (HUD). * * * Under HUD’s Direct Endorsement Lender program, TBW was authorized to originate and underwrite mortgage loans insured by the FHA. When a borrower…
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Florida Physician and Ex-Wife Indicted in Health Care Fraud Conspiracy For Alleged False Claims to Medicare and Blue Cross Blue Shield for Allegedly Using False Diagnoses of Rosacea, Acne, and Actinic Keratosis to Perform Chemical Peels, Dermabrasions, and Acne Surgery
The world of private insurance billing has changed in that federal and state authorities will be brought in for claims of insurance fraud. In the old days, if a claim was denied it was denied. If it was approved, that was the end of it. There are dermatology and plastic surgery physicians who understand what procedures are covered (rhinoplasty due to deviated septum/sleep issues, laser treatments for serious rosacea or acne scars, etc.)where those procedures will also improve appearance. There are other patients and physicians who push the envelope to create a diagnosis in order to get insurance reimbursement. The issue is where is the line? How far should doctors go to help patients get insurance coverage for cosmetic treatments? In today's world, a recent case can show the legal issues present when patients' insurance is billed for for cosmetic procedures.On or about February 26, 2018, Erik M. Schabert, 48, a physician, and his ex-wife,…
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Man Dies When he is Caught in Machinery in Georgia
Industrial accidents can be very serious and life-threatening in Georgia. Tragically, a worker lost his life when he was caught in machinery in a recent accident in Dalton. The Atlanta Journal Constitution reported the 51-year-old man died on the job in October when he was caught in a piece of machinery, officials said. The victim was identified as Jesus Pimentel. He was an employee of Shaw Industries in Dalton. The AJC report said he got caught between a moving part of a machine and a stationary steel I-beam, according to Whitfield County Coroner Greg Bates. Pimentel was pronounced dead at the scene. Bates said the official cause of death was likely to be a blunt-force trauma injury to the head. Bates said Pimental was trying to get a piece of carpet or a similar material out of a machine. Another worker threw him a piece of rope. When he bent over to get it, he was caught in the machine. Man dies when he is caught in machinery The AJC noted Shaw Industries is a flooring…
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Fernando Vivas - !salvemos a los políticos!, hipócritas consentidores
https://elcomercio.pe/opinion/rincon-del-autor/financiamiento-campanas-partidos-politicos-recibieron-plata-fernando-vivas-noticia-502418 Rolando Souza primero, el Cardenal Cipriani después y ahora Fernando Vivas, con la voz estentórea del cuento del enano, acusan, a una sociedad enferma, ignorante por culpa de los políticos, cobarde y mezquina, DE HIPÓCRITAS, perdonenlos ES LA JUSTICIA que este trío de mosqueteros cuyo lema es "hoy por mí, mañana por mí", no se dan cuenta inútiles -continúa Vivas- que para hacerse del poder deben invertir mucho dinero y deben recurrir a santos varones para su propaganda que durante doscientos años han utilizado ante sus narices sumiendo en la miseria, el olvido y la explotación a la inmensa mayoría de peruanos para su beneficio exclusivo sin que ustedes reclamaran, A QUE VIENEN AHORA sus HIPÓCRITAS quejas, muy exaltado se…
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Lawmaker Drafts Bill Banning “The Bachelor” From Minnesota
A Minnesota lawmaker plans to introduce a bill at an upcoming legislative session that would ban Arie Luyendyk Jr. from entering the state after he broke the heart of a local woman in what some are calling “the most shocking moment in reality TV.” For those of you who don’t follow The Bachelor, here’s what happened. Bachelor Arie had narrowed down is dating choices to two women – Lauren and Becca. On Monday’s series finale, Arie said that it just wasn’t going to work with Lauren, and he chose to be with Becca, who is a Prior Lake native. But Arie didn’t just choose Becca, he got down on one knee and said he would “choose her every day for the rest of his life” during his proposal, which Becca happily accepted. Unfortunately, the couple didn’t ride off into the sunset to live happily ever after. A couple weeks after his proposal, Arie told Becca that he still had feelings for Lauren. After speaking with Lauren on…
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Another sad account of how US Bureau of Prisons administers compassionate release program
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THE CRISIS
THESE are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Thomas Paine, The Crisis, December 23, 1776.And these are the times that try our soles (of our feet)Yes, that is the escalator on six in the REGJB, in its normal non-operative state. SAM KONELL TO FED PRISON FOR FIVE YEARS We missed this article by ace Herald scribe Ovalle on the sentencing of REGJB irregular Sam Konell to five years in federal prison by US District Judge Jose Martinez late last month for patient brokering. It was a nice touch for Judge White-Labora to be a stand-up gal and…
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Text Message Conversations Between Spouses are Generally Confidential Marital Communications, According to Maryland Court’s Ruling
Any criminal defendant should seek out strong defense counsel, but this need is especially true if you are facing charges likely to arouse powerful emotions and inflame passions. A skilled Maryland homicide defense attorney can help ensure that, even in the face of great community desire for retribution, the accused receives a fair trial in which his rights are fully protected and his defense is presented zealously and persuasively. One case with such a set of emotional facts was a murder trial in which the victim was a young child. Kevin stood trial for the murder of his three-year-old nephew. The uncle was accused of beating, shaking, and slamming the boy so severely while babysitting the nephew that the child died two days later. In Kevin’s case, one of the key pieces of evidence the prosecution used was a series of text messages that Kevin exchanged with his wife, Amanda. The prosecution intended for the text messages to show what appeared to be Kevin’s…
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Relief Guide 2017
Expunging criminal record information can be like removing ants from under your refrigerator. Just when you think you’ve eliminated all the ants/information, there’s another trail. That’s how a talented attorney in this field described the process in her article of the same name here. It’s also an apt description for figuring out the legal requirements, procedures, and forms for obtaining an expunction, in North Carolina and elsewhere. Here’s my latest effort, the 2017 Guide to Relief from a Criminal Conviction in North Carolina. The guide incorporates the changes made by the North Carolina General Assembly during its 2017 legislative session, including expanded opportunities for expunging dismissals and older nonviolent felonies and misdemeanors. The guide also describes other mechanisms for obtaining relief from a criminal conviction, such as certificates of relief. Note: The guide provides links to North Carolina statutes on the General…
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NPR: A Homeless Man’s Truck Is His Home, Judge Rules In Seattle
NPR: A Homeless Man’s Truck Is His Home, Judge Rules In Seattle by Laurel Wamsley: In a case that may have a significant implications for Seattle’s fast-growing homeless population, a King County Superior Court judge ruled on Friday that the … Continue reading →
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Gizmodo: Georgetown Lawyers Sue NYPD to Reveal Its Secret Face Recognition Programs
Gizmodo: Georgetown Lawyers Sue NYPD to Reveal Its Secret Face Recognition Programs by Sidney Fussell: Researchers at the Georgetown Center of Privacy and Technology have filed suit against the NYPD for more details on the department’s highly secretive face recognition … Continue reading →
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