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Why Dead Black Guys Aren’t News Anymore

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Wesley Lowery asks a question that has been at the forefront of my concerns about reform for years. Police are still killing black people. Why isn’t it news anymore? His subtitle provides a hint as to the answer. The activism never stopped. But the attention to it vanished. He assumes, wrongly, that the “activism” was the reason people cared, people paid attention. For a brief, shining moment, following a list of names of unarmed/innocent black people being killed by police for no cognizable reason, people gave a damn. Not just activists, but people. White people. black people, green people. People.  No decent person could shrug off a needless killing of a human being by police, and no decent person could ignore that cops were killing black people at a disproportionate rate.* It didn’t have to be a struggle between cops killing black people versus killing white people, as there was an overarching recognition that cops shouldn’t be killing…

NJ: Def was interrogated in DA’s office; inventory of her purse after lawyering up was unreasonable

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Defendant was detained and being interviewed at the local DA’s office. She’d rummaged in her purse without restriction, and it was open on the table. She looked at her cell phone for the time and commented that she had to … Continue reading →

Can Your Spouse Disinherit You in North Carolina?

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North Carolina limits your spouse’s ability to fully disinherit you with its elective share. This statute gives a surviving spouse the right to receive a percentage of the deceased spouse’s estate despite what is stated in the will. An elective share statute overrides the will. It only takes effect if the will leaves your spouse less than the elective share percentage. If you leave them more, then they are free to accept their inheritance under the will. North Carolina’s Elective Shares You are entitled to a percentage of your spouse’s estate based on how long you have been married. Here’s how the percentages break down under North Carolina’s elective share statute: You are entitled to 50% of your spouse’s estate if you were married for 15 years or more. For marriages of at least 10 but less than 15 years, you get 33%. For marriages of at least 5 but less than 10 years, you get 25%. You will receive 15% if your marriage lasted less than…

Short Take: The Doctor Is Not In

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Just maybe, the problem isn’t men and the New York Times isn’t the right place to go to fix what ails you? Dear Sugars, How do I deal with my anger toward men? I go to therapy, I’m on anti-depressants and I’m trying to practice self-care. But I’m still angry. I don’t think it’s unwarranted. I’ve been sexually assaulted at least twice. We live in a time where women have more rights than ever, but our president is an alleged sexual predator. Men are socialized to be condescending toward women, and even the few who check themselves often fail. The only way to tell if a man is a sexual assaulter is to say no, and once you’re in that position, it’s too late. I have male friends who care about me — some who’ve even been sexually assaulted themselves — but they still don’t understand my pain. In my observation, there are elements of sexism in even the healthiest relationships, and that makes me…

What Damages May Be Recovered in a Georgia Wrongful Death Lawsuit?

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In the state of Georgia, a “wrongful death” is the death of someone caused by the negligent, reckless, intentional, or criminal of another party. A number of different types of damages may be claimed in a Georgia wrongful death lawsuit. The liable party may not be an individual but can be a business such as a bus company or a shopping mall. Negligence is defined as a failure to take reasonable care when there is a duty to do so leading to harm to another. The loss of a life is the worst thing a victim can suffer. However, in many ways, a wrongful death case mirrors a standard personal injury claim. In a wrongful death claim, the injured party is no longer available to bring his or her own case to court. Instead, the lawsuit must be brought by the family members of the deceased, or by the personal representative of the deceased person’s estate if no living family members are around to bring the claim. What you can claim in a Georgia wrongful death lawsuit In…

New California Laws Cover Immigration, Marijuana, Education, Criminal Justice in 2018

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In 2017 alone, the California legislature passed nearly 900 bills that Gov. Jerry Brown then signed into law. Most of them take effect in January 2018. Here is a summary of the key criminal law changes that will take effect this year:   No California school employee can carry a concealed weapon onto campus. Before, school officials had discretion over the issue. Anyone who “willfully records a video” of a violent attack as an attacker or accomplice and streams it online on sites such as Facebook could receive tougher punishment.  See A.B. 1542.  The new law does not require a judge to hand down the tougher sentence, and applies only to the 23 existing crimes in California identified as “violent” felonies. No juvenile offenders will have to serve life without parole and those already behind bars would become eligible for release after 25 years. This reform is intended to ease punishment and fines for young people. Counties may no longer…

Interesting data from the US Courts on federal criminal justice caseloads in FY 2017

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The Administrative Office of the U.S. Courts yesterday released here is Annual Report on "Judicial Business 2017" providing lots of statistics on the work of the federal Judiciary for the fiscal year ending September 30, 2017. Here are some criminal justice-related items from data pages here and here that caught my eye: This year, filings in the U.S. courts of appeals declined 16 percent to 50,506. Total filings in the U.S. district courts decreased 7 percent to 344,787 as civil case filings dropped 8 percent to 267,769, although filings for criminal defendants remained relatively stable at 77,018.... Filings in the regional courts of appeals, which rose 15 percent the previous year, dropped 16 percent to 50,506 in 2017. Filings by pro se litigants, which accounted for 50 percent of new cases, went down 20 percent. Civil appeals grew 1 percent. Criminal appeals fell 14 percent. Filings for criminal defendants (including those transferred from other districts) remained…

When Does a Burglary Become a Serious Felony in Chicago?

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Burglary denotes illegal entry into a building with the intention of stealing property or money. In reality, burglary covers several possible circumstances. The recent burglary attempt in Naperville is one such instance. An 18-year-old and three other teens were involved. Charges of burglary can result in serious charges, depending on the situation. Burglary as a Criminal Offense Illinois law has listed several situations that constitute burglary. For instance, illegal entry can signify gaining entry under false pretenses. Normally, Class 2 felony is the sentence given for burglary. This can lead to a prison term of three to seven years, depending on the case. Continue reading

PERU TIERRA DE HOMOSEXUALES Y HOMOSEXUALES EN POTENCIA

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Drucila Zileri entrevistó ayer -13 de marzo de 2018- noche, a la señora Angélica Motta sobre la IDENTIDAD DE GÉNERO o la Educación Sexual "INTEGRAL". La señora Motta señaló que, debemos ver el asunto de las violaciones como EMERGENCIA NACIONAL, la Educación sexual "INTEGRAL" debe ser una prioridad, no es aceptable que no hagamos nada ante la ola de violaciones de NIÑOS, se presentó, antes, un señor que reclama porqué la autoridad NO le quiere reconocer su condición de mujer ( que vive sólo en su mente). en el DNI ni tampoco el Centro Superior en el que estudió este caballero le quiere extender su título con el nombre de mujer que haya escogido. Las muchísimas personas que abogan por que los homosexuales sean tratados como cualquier persona -que en la coyuntura representaba Angélica Motta, piensan que la…

Could Gun Violence Restraining Orders Prevent Another Parkland?

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One month ago today, a gunman who police say was armed with an AR-15 rifle walked into Marjory Stoneman Douglas High School in Parkland, Florida and opened fire, killing 17 people. Today, in schools across the country, including many in North Carolina, students plan to recognize the Parkland victims by walking out of class for 17 minutes. Some participants also plan use the walkout as a platform to advocate for stricter gun control. Debate over the appropriate legislative response to this tragedy has raged—and ranged—over the past several weeks. Some have called for arming teachers.  Others have advocated for barring a person under 21 from purchasing an assault rifle. And last week, an op-ed in the Washington Post advocated a relatively new variety of weapons restriction:  Gun violence restraining orders.  The editorial.  Mara Elliott, the city attorney for San Diego, wrote the article, in which she characterized gun violence restraining orders…

Snow On Your Car–Negligent Driving in NH.

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Negligent Driving also known as Jessica’s law in NH Let it snow , let it snow, let it snow…….But don’t you dare drive with that snow on your car or truck or you could be facing a $1000 fine, a 30 day loss of License and a 6 point major moving violation conviction….all under a charge known as Negligent Driving. NH RSA 265-79-b, also known as “Jessica’s Law”, requires motorists to remove snow and ice from their vehicles.  Failure to do so can result in some hefty penalties and consequences. Jessica’s Law was passed into law by the New Hampshire legislature in 2001 ( subsequently amended in 2005)  in response to the death of Jessica Smith, a 20 year old woman who was killed when snow and ice flew off the top of a large truck and hit a second truck, resulting in a head-on collision with Jessica’s car. Continue reading →

Bride-To-Be Earns DUI On The Way To Her Wedding

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Something old, something new, something borrowed, something red and blue, as in the red and blue cherries a bride-to-be saw in her rearview mirror as she was stopped on the way to her wedding ceremony. Unfortunately for the bride, the first gift she received on her wedding day was a shiny pair of handcuffs after being arrested for driving under the influence. 32-year-old Amber Young was arrested on suspicion of driving under the influence over the weekend after the bride-to-be was involved in a three-car traffic accident. As you can see by the photo, Young was placed in handcuffs and placed in the back of a Marana squad car. Officers said the crash took place around 10:30 a.m. and “one person was transported with minor injuries.” In a now deleted tweet, Sgt. Chriswell Scott of the Marana Police Department said “Don’t drive impaired, ’til death do we part doesn’t need any help.” “I Do” Wish I Had Driven Sober According to…

Kerr on Aesthetic Play and Bad Intent

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Andrew Jensen Kerr has posted Aesthetic Play and Bad Intent (Minnesota Law Review Headnotes (2018, Forthcoming)) on SSRN. Here is the abstract: Threatening words or images are assumed by American courts to be non-art. But this threshold question of art...

6 Types of Bribery and Why They’re Illegal

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This article provides an overview of at least six types of bribery and why they’re illegal practices. Bribery is an illegal practice that involves soliciting, offering, receiving, or giving something valuable for the purpose of influencing the action(s) of an... The post 6 Types of Bribery and Why They’re Illegal appeared first on The Law Office of Greg Tsioros.

Treatise 25% off through Friday midnight PT

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Treatise 25% off through Friday midnight PT.

Semi Truck Crash EB I90 at milepost 18, east of Coeur d'Alene

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 03/14/2018 6:16 pm Please direct questions to the District Office The Idaho State Police investigated a one vehicle crash on eastbound I90 at milepost 18.6, east of Coeur d'Alene at 3:35 pm today. Wayne O. Richins, 61 years old, of Idaho Falls, Idaho, was eastbound on I90, driving a 2006 Freightliner Tractor pulling a 2013 Hyundai semi trailer, when he lost control. Mr. Richins hit the barrier on the south side of I90, striking the fuel tank and causing it to rupture. The fuel tank spilled approximately 119 gallons of diesel onto the roadway. Mr. Richins was wearing his seatbelt at the time of the crash. Clean-up crews are still on scene handling the…

Five Fucking Years

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Five years.      FIVE YEARS.         FIVE YEARS.FIVE FUCKING YEARS!OK, it's really 4 years 9 months and 29 days. But that's a quibble.That's how far into the future they've planned the killing.  Talk about premeditation.  Talk about prior calculation and design (which, under our statute turns garden variety murder into aggravated murder).It's Antonio Sanchez Franklin, convicted of the brutal murders of Ophelia, Ivory, and Anthony Franklin (his grandmother, grandfather, and uncle).  The crimes were, the jury and the courts agreed, committed with (here's that phrase again) "prior calculation and design."Here's how the Ohio Supreme Court explained it,     This court has never set forth a bright-line test for discerning the presence or absence of prior calculation and design but instead undertakes a unique analysis of the facts of each case. . . . . In the…

Crash on I-15 near Shelley. Northbound traffic being diverted off exit 108.

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 3/14/17 - 11:00 p.m. Please direct questions to the District Office *******Update******* On Wednesday, March 14, 2018 at 5:31pm, the Idaho State Police investigated a two vehicle crash northbound Interstate 15 just north of exit 108, near Shelley. Kenneth Foster, 54, of Aberdeen, was driving a 2004 Chrysler PT Cruiser northbound on the interstate when the vehicle slid on ice and lost control. Foster's vehicle was struck by Maryssa Harper, 20, of Pocatello, driving a 2006 Ford Focus. Beckie Foster, 46, of Aberdeen, passenger in the Chrysler, was taken by ground ambulance to Eastern Idaho Regional Medical Center in Idaho Falls. Lanes of travel were reopened just after 7pm. All…

Mom Charged After Baby Found Crawling on Busy NY Street

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The mother of a 9-month-old boy has been accused of endangering her child when she allegedly failed to notice that the baby, who was in the car with her, had somehow exited the vehicle. The infant was discovered by people in the area who saw him crawling in the middle of a busy street without any supervision. 27-year-old Ledrika Ford and her son, accompanied by a family member whose identity has not been made public, were in a vehicle together with the baby buckled in one of the back seats. At an unknown time during their trip through Utica, NY, the child exited the vehicle without being noticed and began attempting to crawl across the street. Passers-by spotted the infant on the road and stopped to assess the situation and assist the child. As some people attended to the crying child, several others tried to call 911 for emergency assistance. Continue reading →

MN: Officer’s entry on def’s property to look at serial number of an allegedly stolen camper violated curtilage; entry suppressed

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Defendant was a suspect in having a stolen pop-up camper on his property. The victim saw it and called the police. The police entered to look at the serial number on the camper, but it was curtilage under Dunn. The … Continue reading →
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