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The Laws That Protect Those from Self-Driving Cars

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The future does not slow down for anyone and anything, especially when it comes to automobile and transportation technology. Self-driving vehicles are on the cusp of becoming a mainstay of our everyday lives. Currently, thirty-three states have passed legislation regarding these types of vehicles. New Jersey is not currently among them. However, a bill to pass laws involving these types of vehicles is currently in advanced talks. What happens if a self-driving vehicle gets into an accident and hurts the passengers inside, or worse, injures a pedestrian crossing the street? Unfortunately, the latter is the reality. Earlier today, March 19, one of Uber’s self-driving cars struck and killed a pedestrian crossing a crosswalk in Tempe, Arizona. The pedestrian was pronounced dead at a local hospital where she had been transported to. This is the first-known incident of a pedestrian dying as a result of a self-driving vehicle. Because of the incident, Uber indefinitely suspended…

Crash on US93 just south of I84 Blocking near Twin Falls

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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: 03/19/18 2:47 p.m. Please direct questions to the District Office At this time the Idaho State Police is investigating a crash northbound US93 just south of the I84 junction, north of Twin Falls. Both northbound lanes are currently blocked at this time. 3560 -------------

Why the Prevalence of Lying by Police is a Problem for the Innocent

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The New York Times published an article yesterday that documents the persistence of lies told by police to gain a conviction. Through their investigation, the Times discovered that in more than 25 instances since 2015, judges or prosecutors concluded that a New York City police officer likely presented false testimony. Such cases—most of which are sealed—were identified through interviews with lawyers, police officers and current or former judges. The Times’ article highlights the common lies about which police testify, including: saying they saw a gun in a suspect’s hand or waistband when it was actually out of view; saying they witnessed an arrest for which they were not actually present; claiming they watched a drug deal occur, only to later recant or be proven to have lied. In two recent cases, officers appeared to have given false statements about eyewitness testimony. “These cases,” says the Times, “are particularly troubling…

Cert. Denied in Hidalgo v. Arizona, Finally

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As predicted, the U.S. Supreme Court has finally turned down the capital case of Hidalgo v. Arizona with an opinion on the turn-down by Justice Breyer.However, as not predicted, (1) the opinion is not a dissent, and (2) the issue of whether the death penalty is constitutional generally is not even mentioned.Justice Breyer's dissent relates to the question of whether Arizona's list of circumstances that separate death-eligible cases from those where the death sentence is out of the question is too broad to serve the required "narrowing" function.  It is an issue that requires legislative attention.  For many years, I have been encouraging pro-death-penalty legislators to stop expanding their lists and look to pruning them.  It would be useful to tailor the lists more closely to fit the circumstances in which experience has shown us that prosecutors will actually seek the death penalty and juries will actually impose it, whether closer tailoring…

What are Texas cops looking for in field sobriety tests?

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Remember when you were in school and your teacher would "surprise" the class with pop quizzes? Field sobriety tests can be like that, except failing the test could mean some time in jail. Make no mistake: you have a right to refuse Standardized Field Sobriety Tests (SFSTs) if a police officer stops you in Texas. Cops use SFSTs to determine if there is probable cause to arrest you, and these tests are used primarily to create or obtain evidence against drivers. Field sobriety tests are also subjective, meaning the officer's perception of whether you're sober or not factors largely in whether or not you'll be arrested. Cops routinely use these three Standardized Field Sobriety Tests. A police officer might arrest you if you fail (or seem to fail) any one of these SFSTs: Walk-and-turn: This test is all about balance and agility. An officer considering whether or not to arrest you for DUI may ask you to walk a straight line with your arms held out…

**UPDATE**Crash on US93 just south of I84 Blocking near Twin Falls

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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: 03/19/18 5:08 p.m. Please direct questions to the District Office **UPDATE** The lanes of travel are now open. 3989 **End of Update** At this time the Idaho State Police is investigating a crash northbound US93 just south of the I84 junction, north of Twin Falls. Both northbound lanes are currently blocked at this time. 3560 -------------

Coccia on Economic Inequality and Violent Crime

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Mario Coccia (National Research Council of Italy (CNR)) has posted Economic Inequality Can Generate Unhappiness That Leads to Violent Crime in Society (Int. J. Happiness and Development, Vol. 4, No. 1, pp.1–24) on SSRN. Here is the abstract: Many studies...

"Informed Misdemeanor Sentencing"


Two Vehicle Crash on US26 Near N 25th E in Idaho Falls

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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: 03/19/2018 6:25 pm Please direct questions to the District Office On Monday, March 19, 2018, at approximately 3:25 p.m., Idaho State Police investigated a two-vehicle, injury crash, eastbound US26 near milepost 337, in Idaho Falls. Keagan Huffman, 18, of Rigby, was eastbound on US26 in a 2000 Ford Focus. Huffman attempted to make a left turn onto N 25th E and failed to yield to traffic. Kathryn Stewart, 67, of Idaho Falls was westbound on US26 in a 2004 Mercedes C240 and collided with Huffman's vehicle. Stewart was transported by ground ambulance to Eastern Idaho Regional Medical Center, in Idaho Falls. She was wearing a seatbelt. Huffman was not wearing a seatbelt and was not…

**FINAL UPDATE**Crash on US93 just south of I84 Blocking near Twin Falls

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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: 03/19/2018 7:10 p.m. Please direct questions to the District Office *****FINAL UPDATE***** On Monday, March 19, 2018, at approximately 2:30 p.m., Idaho State Police investigated a four vehicle crash on US-93 at I-84, north of Twin Falls, in Jerome County. Leslie M. Preston, 61, of Twin Falls was driving a 2015 Ford F250. Molly M. Johnson, 19, of Jerome, was driving a 2012 Nissan Versa. Carl I. Dillman, 37, of Twin Falls was driving a 2006 Toyota Prius. Celedonio Aguayo-Jimenez, 38, of Twin Falls was driving a 2012 Toyota Camry. All drivers were traveling northbound on US-93. Johnson, Dillman, and Aguayo-Jimenez were stopped at the stoplight when Preston's vehicle…

D.Minn.: Seizure of emails implicated A-C privilege and are subject to suppression

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The defendant raised attorney-client privilege against the seizure of emails to lawyers and then CPAs retained by his tax lawyers. The former was determined to be waived. The latter, however, remained privileged. United States v. Adams, 2018 U.S. Dist. LEXIS … Continue reading →

D.Minn.: Chiropractor’s co-def in insurance fraud had no standing in the clinic’s records or chiro’s phone

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Defendant was a co-defendant with Schultz, a chiropractor, charged with false insurance claims. “The Court concludes that Defendant Hassan does not have standing to challenge the evidence obtained from Defendant Schulz because Defendant Hassan did not have a reasonable expectation … Continue reading →

D.D.C.: SW for WhatsApp account doesn’t require the cell phone number to be valid

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The USMJ’s ruling that a cell phone number is also required for a pen register/track and trace order on a WhatsApp account is incorrect. All the government needs is the WhatsApp account number because the cell phone number isn’t even … Continue reading →

What Exactly is Double Jeopardy?

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Just about everyone has heard the term “double jeopardy.” However, what does it really mean? Is it something that moves past tabloids and out of real-life courtrooms? Absolutely. In fact, one of the most critical protections provided by the Constitution is the guarantee that you can never be “subject for the same offense to be twice put in jeopardy of life or limb.” In other words, you can never be charged with the same crime of which you have been acquitted But the law varies across the country when it comes to double jeopardy. Can you be charged a second time for a similar crime regarding the same incident you’ve previously been acquitted of? It may depend on a special “test.” Many states have adopted the so-called Blockburger test to determine if two statutes are similar enough that they constitute the same offense and would violate double jeopardy. In 2017, New Jersey joined the group of states that recognize this test. The…

Understanding Alimony in Pennsylvania

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Created more than 3,000 years ago, The Code of Hammurabi was one of humanity’s earliest sets of written laws. Among the things in the code was a provision that said that if a man wanted to leave his wife, he needed to give her a dowry, along with rights to “field, garden or property.” And with that, the concept of alimony – financial support paid by one spouse to another after a divorce – was born. But what does alimony look like today in 21st century Pennsylvania? Read on to find out, with the help of a Doylestown alimony attorney. How does alimony work in Pennsylvania? Pennsylvania courts can order an ex-spouse to pay three types of financial support during a divorce case: spousal support, alimony pendente lite and alimony: Spousal support – Paid after the two parties separate, but before they finalize their divorce. A court can order this support before the divorce action is filed. Alimony pendente lite – Pendente lite is Latin for…

What's my risk if I give a negative reference for a fired worker?

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The following scenario is one many employers in this region have encountered at some point. The hiring manager for another company calls seeking information about a former employee you got rid of or outright fired. What can you say in reference to this individual and what legal risk do you face for anything you do say? In both Kentucky and Ohio, employers can take heart knowing that they have the benefit of the law on their side. Both states have provisions that extend immunity to employers when giving references. Of course, the fact that protection exists is no guarantee against being faced with legal action. Effective resolution is most likely with experienced litigation counsel at your side. It is important to note that in both states, the right to protection against actions from a former employee is not absolute. It is dependent on making sure that whatever you say about the worker represents your honest assessment of his or her performance. It can be good or bad,…

Representative Kirsten Sinema’s stalker arrested

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A man suspected of stalking was arrested outside the office of a representative from Arizona. As reported by NBC6, U.S. Capitol police apprehended Amos Olagunju at the office of Representative Krysten Sinema. An affidavit of a special agent stated that Olagunju had threatened Sinema since 2014, in spite of an admonition from U.S. Capitol Police and court-ordered injunctions that he cease all contact with her. According to the court filing from the U.S. Capitol Police, the congresswoman’s employees telephoned police to file a report that Olagunju had arrived at their office and said he was there to meet with Representative Sinema. Police placed him under arrest for acting in violation of the court-ordered injunction. The court filing stated that Olagunju’s efforts to communicate with Sinema included 95 attempts to declare his love for her in 2014. The affidavit also stated he tried to contact her many other times in 2015 and 2016. Furthermore, the affidavit said…

Report: Indigent Defense Services in Mississippi Need Improvement

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The Mississippi Public Defender Task Force, the Six Amendment Center and the Defender Initiative at the Seattle University School of Law released a 132 page report yesterday that examines the indigent defense services at the adult felony trial level in Mississippi. The Task Force, which commenced its study in 2015, selected and evaluated 10 counties they felt were representative of Mississippi’s statewide population. Through its research, the Task Force identifies the key issues within the state’s indigent defense system and concludes that the state does not have a system to ensure that indigent defendants are provided with adequate counsel. “Under the Fourteenth Amendment,” writes Mississippi Today, “states are responsible for overseeing defendants’ Sixth Amendment right to effective counsel. In Mississippi, the state only directly assesses the qualification of an indigent defendant’s counsel in death eligible cases.” The study…

Police Consider Possible Hate Crimes Link to Deadly Explosions in Austin

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Hate crimes have been spiking across the United States in recent years. Police believe deadly explosions that killed two African-Americans in Austin may be hate crimes. Packages containing bombs exploded in the city over a 10-day period. One detonated on March 2 and two 10 days later killing two people and injuring two others. Then on March 18, an explosion possibly triggered by a trip wire seriously injured two men in Southwest Austin heightening fears a serial package bomber is targeting the city’s residents. All of those injured in the first three explosions were African-American and Hispanic, but police said they lack a motive. Austin Police Chief Brian Manley addressed a town hall meeting in East Austin, where two of the bombings occurred. He told the meeting organized by the Austin Justice Coalition, a grassroots organization that addresses social justice and the criminal law, the attacks may have been hate crimes. While police were not ruling in or out the…

Florida Man Gets 20 Years for $66 Million Medicare Fraud Scheme

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A 52-year-old Miami businessman has been given a 20 year prison sentence for his apparent role in a Medicare fraud scheme. His eight homes around Miami-Dade County, at least three cars, and a meat supermarket have been seized as a part of his $66 million in restitution. He apparently owns 19 healthcare agencies as well. According to court documents, he tried to hide his ownership of the health agencies as part of yet another massive South Florida Medicare scam. He apparently recruited others to falsely and fraudulently represent themselves to be the owners of the agencies in order to hide his identity and ownership interest, according to the court documents. These nominee owners completed and signed Medicare enrollment applications that fraudulently misrepresented the identities of the agencies’ ownership interest and managing control of the true owners and failed to disclose the man’s ownership interest and managing control of the agency, contrary to…
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