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What About Suing Gun Manufacturers For Stoneman Douglas H.S. Shooting?

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INTRODUCTION For years, one of the arguments that we’ve heard about cigarettes is that they are filled with nicotine, which is addictive, which causes health problems and even death. That argument has been successfully made in lawsuits against “Big Tobacco,” the companies responsible for putting those “cancer sticks” into the stream of commerce. The argument is that those companies knew, or should have known, that their product would cause harm, and thus, they have to pay. A similar argument has been made against the companies that manufacture harmful asbestos. Would that same argument likely work against gun manufacturers? The argument being, “You knew, or should have known, that your product would end up in the hands of a shooter like Nicolas Cruz and that it was reasonably foreseeable that he would use your product for a criminal act. Thus, you should have to pay damages to the many that were harmed.” ANALYSIS Continue reading…

Could Failure of Air Force over Texas Mass Shooting Lead to a Lawsuit?

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When we think of wrongful death cases we often think of fatal car, truck or motorcycle accidents on the highways of Georgia. However, a recent Texas mass shooting raises the prospect of legal action against the Air Force. Last November, Devin Kelley killed 26 worshippers in a church in Sutherland Springs, Texas. Kelley should never have been allowed to purchase the AR-15 military-style assault rifle he used for the killings. When he served in the U.S. Air Force, he was court-martialed and dishonorably discharged for domestic assault. However, the Air Force never reported the conviction to the National Criminal Information Center database which is used for gun-buying background checks. The Air Force later admitted that Kelley’s domestic violence conviction should have been input into a database. It promised to conduct a review of similar cases to Kelley’s to determine if others had been properly reported. Investigations suggest the military is routinely failing to…

Detailing how racial justice concerns are driving marijuana reform debate in New Jersey

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One of many great lines in the great musical Hamilton is "Everything is legal in New Jersey." But that is not quite right with respect to marijuana yet, though the recent election of a Governor who ran advocating for marijuana reform led to many reform advocates thinking the Garden State...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/PltATjwk-h8" height="1" width="1" alt=""/>

Does My Lawyer Have to Give Me Copies of the Police Reports for my Case?

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Last week I had a meeting with a client in my office in Schaumburg who was being charged with a felony in Rolling Meadows. The client has a lawyer who was representing him for the case. The client came in for a consultation because he was not happy with the services that his current lawyer was providing and was considering hiring me to represent him in the case. The client told me that he had spoken to his lawyer and requested copies of the police reports. His lawyer refused to provide copies of the police report and the client was very upset with that decision. This is a very common scenario. I frequently talk with clients who want copies of the police reports so that they can review them at home with their friends and family. I’m sure that many of those clients want to talk to another lawyer and get a second opinion. When a criminal defense lawyer tells a client that they cannot give them copies of the police reports, the clients usually think that’s because the…

MA: Alternative inference to facts not drawn by hearing judge doesn’t permit reversal

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An alternative interpretation of a witness’s testimony at a suppression hearing not drawn by the judge hearing the motion doesn’t permit reversal. Commonwealth v. Gonzalez, 2018 Mass. App. LEXIS 28 (Mar. 12, 2018).* Plaintiff’s complaint against a judge for an … Continue reading →

MA: CSLI warrant based on unsupported hearsay suppressed

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The 2008 CSLI warrant here was based on a “conclusory statement” of witness statements being credible and “bereft of the factual details required to establish probable cause.” It had to be suppressed. (Based on Fourth Amendment and state constitution.) Commonwealth … Continue reading →

New Bill May End DUI Checkpoints in New Hampshire

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The Controversy of DWI Checkpoints Sobriety checkpoints are the bane of many drivers. While a given checkpoint may result in a handful of DWI arrests, if any, it is largely regarded as a nuisance that takes time out of the evenings of sober, often embittered drivers. Debates have arisen over the legality of citizens forewarning each other about checkpoints, with the general consensus being that it is not illegal to post information about the location of a checkpoint or warn fellow drivers. Law enforcement maintains that checkpoints serve as a deterrent to drunk driving, asserting that it defeats the purpose of a checkpoint if its location is widely known, because drivers can simply navigate to avoid it. Critics of the measure hold that checkpoints constitute unreasonable search and seizure; others point to the financial logistics as a reason to do away with checkpoints. Partially financed with federal money, the actual number of arrests resulting from checkpoints do not always…

What’s the Difference Between Felonies and Misdemeanors?

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Exploring the legal distinctions between felonies and misdemeanors in Texas – definitions, penalties, examples Criminal laws in Texas, enacted and enforced by both federal and state governments, makes certain criminal acts illegal and punishable by prison or jail time as well as fines. The exact punishment someone may face if found guilty of a crime depends on whether the offense is considered a misdemeanor or felony. Below, we’ll take a look at these two primary offense categories in Texas under federal and state law. Misdemeanor Charges in Texas A federal or state misdemeanor charge in Texas is typically involves non-violent offense. A non-violent crime means the illegal action did not cause physical harm to the alleged victim. Possible punishments for a misdemeanor offense are: fines, court fees, and restitution; community service; court ordered classes or treatment; probation; and jail time not exceeding 1 year. According to Texas statutes, misdemeanors are…

Subsidiary of ViaSat pays over $12 million for false small business certifications

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On March 12, the United States Attorney for the Southern District of California announced that San Diego-based TrellisWare Technologies, Inc., had agreed to pay over $12 million to settle civil allegations that the company had falsely certified that it was a small business in order to obtain federal research and development contracts. According to the US Attorney’s press release: TrellisWare Technologies, Inc., a communications company located in San Diego, has agreed to pay $12,177,631.90 to settle civil False Claims Act allegations that it was ineligible for multiple Small Business Innovation and Research (SBIR) contracts it had entered into with government defense agencies. TrellisWare is a majority-owned subsidiary of ViaSat, Inc., a global broadband services and technology company also headquartered in San Diego. The SBIR program is designed to stimulate technological innovation by funding small businesses to engage in federal research and development efforts. To be…

Minnesota May Eliminate Statute of Limitations In Sex Crime Cases

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A couple of Minnesota lawmakers are pitching a proposal to eliminate the statute of limitations for prosecuting crimes of sexual violence. The current statute of limitations when it comes to sex crimes is somewhat complex, and there’s not always a straightforward answer when it comes to whether or not a person can press charges. In hopes of clearing up that confusion, Democratic lawmakers are trying to get rid of the limitations altogether. The bill, which is being introduced by State Rep. Ilhan Omar, DFL-Minneapolis, and State Sen. Sandy Pappas, DFL-St. Paul, hopes to remove the statute of limitations for prosecuting all crimes involving criminal sexual conduct and sex trafficking. Omar said she was driven to write the bill after speaking with victims who have wrestled up the courage to speak out about their experiences years after the incident happened. Pappas agreed, saying that it often takes a long time for victims to sort through their experience. “This is…

The Differences Between NJ and PA DUI Charges

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Spend time traveling between Pennsylvania and New Jersey, you’ll start to notice little differences, on everything from gas pumps to state government. Another key difference: DUI laws. Although both states take drunk driving seriously, any Bucks County DUI lawyer can tell you there are some key differences in the way Pennsylvania and New Jersey handle these offenses. In this blog post, we’ll look at these differences, discuss what you should do when stopped for a DUI in either state and how a Bucks County DUI lawyer can help. Pennsylvania DUI Penalties Pennsylvania’s DUI law carries a range of penalties depending on the driver’s blood-alcohol content (BAC). In addition to the threat of jail time and the loss of your license, you run the risk of paying substantial fines and fees. For first-time offenders: Prison term – No minimum jail time required License suspension – None Ignition interlock – Yes, if you refuse to take sobriety test…

Recreational Marijuana Would Create New Criminal Charges

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Illinois will have a referendum question on the November 2018 election ballot asking whether the state should allow the production and sale of recreational marijuana for people age 21 and older. The results of the referendum will not be binding, but asking voters the question shows that lawmakers are seriously considering legalization. If Illinois does decide to legalize recreational marijuana, the state will have a lot of work to do in order to regulate it, including changing the state’s criminal drug laws. There are several complicated factors involved with legalizing marijuana on a state level: Quantity Limits: States that allow recreational marijuana put limits on how many plants a person may cultivate and how many ounces they may possess. People using marijuana for medical purposes are generally allowed to grow and possess more. Public Use: States with legalized marijuana generally do not allow people to use it in public places, including designated smoking areas.…

Rule 803(6): Please Hold for the Next Available Representative…

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A few weeks ago I participated in a seminar on digital evidence, and one of the topics we discussed was cell phone records (subscriber information, call detail records, historical location data, etc.). That’s not surprising, since the widespread use of cell phones has made these records an increasingly common and important tool in criminal cases. Location data can help prove that the defendant was in the victim’s house at the time of the murder, call logs can help prove the co-conspirators were in regular contact with each other, and so on. What did surprise me was when I asked a group of 75+ prosecutors how often they have used an affidavit to authenticate these kinds of records and get them admitted into evidence, without the need for live testimony by a witness from the company? Only one prosecutor had ever done so, and that was in a case with a pro se defendant. There seemed to be a lot of confusion about (i) whether this was even possible, (ii) old rules vs.…

McCord & Harmon on Plunging Death Sentences

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David McCord and Talia Roitberg Harmon (Drake University Law School and Niagara University) have posted Lethal Rejection: An Empirical Analysis of the Astonishing Plunge in Death Sentences in the United States from Their Post-Furman Peak (Albany Law Review, Vol. 81.1,...

The Anatomy a Credit Card Theft Charge

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You have to look at criminal charges closely.  Drill down deep.  In a criminal case, don’t get thrown off the scent by taking the arrest report as the Gospel Truth.  It’s not.  An arrest report isn’t even admissible in court.  The important document is called “The Information”.  It’s what the prosecutor files after they’ve reviewed the police report and (supposedly) spoken with the witnesses in the case.  The Information contains what the defendant is charged with, regardless of what the police may have arrested the person for. Now, this all important document–the “Information”–contains lots of words.  Words have meaning.  That being said, it shouldn’t come as any surprise to you that we lawyers like argue over what things mean. We’re going to take a close look today at credit card crimes.  Let’s briefly review the evolution of a typical…

Encouraging Technological Innovation in Environmental and Energy Law

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Zachary Liscow and Quentin Karpilow, Innovation Snowballing and Climate Law, 95 Wash. U. L. Rev. 385 (2017), available at SSRN. Eric Biber Innovation is a critical component of environmental progress. The dramatic reductions in emissions per-mile-travelled from automobiles over the past forty years stem from major breakthroughs like the catalytic converter. Our efforts to switch from fossil-fuel-based energy and reduce greenhouse gas emissions will depend on many different kinds of technological innovation. The dramatic price drops in both wind and solar energy, for instance, are in significant part the result of the development of new technologies. How can environmental law facilitate the development of new technology to address the challenges of climate change and other environmental problems? The predominant position of economists has been that legal tools that force economic actors to address the full costs of their actions, including the externalities that are the…

N.D.Ill.: Accidentally transmitted private conversation wasn’t a search

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Plaintiff had a conversation near a malfunctioning Motorola handheld radio that transmitted their conversation to the Illinois State Police that was recorded in due course, and then the conversation was passed on resulting in job discipline. The recipients did not … Continue reading →

Kansas Sex Offender Registry, But No Sex Offense

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When Sex Offender Registries were all the rage, despite their fundamentally false premise that people needed to know where sex offenders lived to protect the children from this uncontrollable animals, they were an easy sell to an angry public. But after they were created, after the rules were formed, the shame was established, where else would they go? In Kansas, drugs seemed like a good idea. [U]nder Kansas law, having a drug conviction means that her photograph and other identifying details are displayed in the same public registry that includes more than 10,000 convicted sex offenders. Many registrants also appear on third-party websites like “Offender Radar” and “Sex Offender Spy,” and it’s easy for a visitor to miss the single word—“drug”—that differentiates Byers’s crime from those the public judges much more harshly. “People who don’t know me are going to look at me like I’m a horrible person…

MO: No REP in a dilapidated broken down trailer on rural property without any secure walls, roof, or floor

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Defendant worked for a tree service that had a rural place where they burned tree debris. There was a broken down trailer on the property that had missing walls, partially missing roof and a rotting floor where defendant changed clothes. … Continue reading →

CA9: Officer putting gun to head of handcuffed compliant suspect and threatening to kill him was excessive force, but QI applied

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“Examining the facts in the light most favorable to plaintiff, the non-moving party on summary judgment, the panel assumed that the police officer did indeed point his gun at plaintiff’s head and threatened to kill him. The panel held that … Continue reading →
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