The Language Police do a lot of annoying things, but one of the most annoying is their habit of taking a term for a group of people that was once the preferred term, declaring it to be a slur, and castigating anyone who hasn't gotten the memo and continues to use it.Justice Thurgood Marshall continued to use the word "Negro" in his opinions long after it was regarded as decidedly uncool, only switching to "Afro-American" near the end of his tenure. He still used "Negro" when speaking to a group of reporters the day after his retirement. To my knowledge, no one ever insinuated he was a racist for using a formerly preferred but now disparaged term, but other people have been targeted that way.Among the numerous attacks made on Sentencing Commission nominee (and C&C blogger) Bill Otis is this one by Kimberly Yam of the Huffington Post. Ms. Yam posts in a huff that Bill used the term "Oriental," which she says is a…
The Language Police and Formerly Preferred Terms
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It’s Legal, sort of. Marijuana Use and Possession Laws in Maine
Since 2017, recreational marijuana is legal in Maine, with some often ignored limitations. Over a year later, we still have people charged with civil infractions and criminal offenses related to using and possessing marijuana. The first thing they say during their consultation is always the sam...
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Iowa Supreme Court Approves Innocence-Based Challenges to Guilty Pleas
The Des Moines Register reports on this significant sentencing news:For the first time, the Iowa Supreme Court has ruled that people who plead guilty to crimes may challenge their convictions if new evidence of their innocence emerges. The court ruled Friday in a 4-3 decision in the case of Jacob L. Schmidt, who pleaded guilty in 2007 of sexually abusing his 14-year-old half-brother the year before. Years later, in 2014, Schmidt's half-brother began telling others that the abuse never occurred. The court said last week that Schmidt's case should be returned to the district court in Woodbury County, which is now allowed to consider the new evidence of Schmidt's innocence. "It is time that we refuse to perpetuate a system of justice that allows actually innocent people to remain in prison, even those who profess guilt despite their actual innocence," Justice David Wiggins wrote in the majority opinion, which was joined by Chief…
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Should I Take a Plea Deal?
Many people have seen an episode of a legal drama on television. A crime is committed, the suspect is arrested on charges, and then he or she is either found guilty or takes a plea deal. Television dramas make it seem like these scenarios are very black and white—the accused is either found guilty or takes a plea deal. Plea deals are offered to the accused frequently, but rarely are they discussed in detail. In reality, taking a plea deal is a huge consideration in a criminal case. A plea deal is a negotiation between the defendant and his or her attorney on one side and the prosecutor on the other side. The defendant agrees to plead guilty or no contest to some crimes, in return for a reduction of the severity of the charge or the dismissal of some of the charges. Or, the prosecutor recommends a reduced sentence that would be given after a trial. Considerations for a Plea Deal Being charged with a crime in Illinois is stressful. Do not let that…
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Ohio Gov. Kasich commutes yet another death sentence
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** Final Update** Crash Southbound I15 in Blackfoot
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 03/26/2018 7:12 PM Please direct questions to the District Office ****Final Update**** On Monday, March 26, 2018, at approximately 3:38 p.m., the Idaho State Police responded to a one-vehicle crash on southbound I15 near milepost 90, in Blackfoot. Gilberto J Ahuatzi, 21, of Fort Hall, was driving southbound in a 2005 Nissan Maxima. Ahuatzi struck the guardrail on the left shoulder over the Blackfoot Canal, spun out, and came to rest in the left lane. Airbags were deployed and Ahuatzi was wearing a seatbelt. He was transported by ground ambulance to Portneuf Medical Center for further evaluation. The southbound left lane of I15 was blocked for an hour. This crash is under…
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"The War on Drugs Breeds Crafty Traffickers"
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Senate Majority Leader Mitch McConnell announces plans for new hemp bill to remove plant from CSA
As reported in this new AP article, the "U.S. Senate’s top leader said Monday he wants to bring hemp production back into the mainstream by removing it from the controlled substances list that now associates it with its cousin — marijuana." Here is more: Senate Majority Leader Mitch McConnell told...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/JNNpTaCq5Ik" height="1" width="1" alt=""/>
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Expungement and Sealing Your Record in Minnesota
A public criminal record can make it difficult for you to land that job or be approved for that rental agreement. If you’ve committed to making better choices, there’s no reason why a past mistake should have a significant impact on your future. To help keep mistakes in the past, Minnesota offers the option to get your public criminal record sealed or expunged. Below, we take a look at what crimes are eligible to be sealed and expunged, and how you can complete that process in Minnesota. Record Expungment Depending on your situation, you may be eligible to have your arrest record sealed (hidden from the public) or expunged (deleted from the record). Here are some factors that allow you to petition to have your record expunged: If you have had no gross misdemeanor or felony convictions for ten years prior to your arrest. If you have completed a diversion program or stay of adjudication, and you haven’t committed another offense within a year of completion.…
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News Scan
"Suitcase Killer" Facing Execution: A man, known as the "suitcase killer" is scheduled to be executed in Texas this evening. Fox News reports that Rosendo Rodriquez III, was sentenced to death for the September 12, 2005 rape and murder of 29-year-old Summer Baldwin The victim's badly-beaten body was found in a suitcase at a landfill five days after the murder. She was 10 weeks pregnant. An autopsy revealed that she died of blunt-force trauma and asphyxiation and that she might have been alive when she was stuffed into the suitcase. Overwhelming evidence linked Rodriquez to the murder, including his admission that he killed her but claimed that it was in self defense. Rodriguez also admitted to killing 16-year-old Joanna Rogers a year before he killed Baldwin. The young girl's body was also found stuffed in a suitcase. The 2011 decision by the Texas Court of Criminal Appeals,…
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Latest Medicare Fraud Schemes Targeted $139.4M via Kickbacks
Three Medicare fraud schemes in recent weeks have targeted a total $139.4 million, which led the Department of Justice to seek multiple convictions and a combined 33 years in prison sentences. Each of the alleged schemes involved the use of provider kickbacks, a popular activity in healthcare, to entice healthcare professionals to inappropriately redirect clients and beneficiaries to specific healthcare businesses. Law enforcement officials began their crackdown on Medicare fraud earlier in the year with a mix of provider convictions and settlements involving roughly $3 million dollars. Combating healthcare fraud continues to be a top priority for law enforcement officials because of the dangers it presents to vulnerable beneficiaries in the Medicare program, as well as the potential to recover billions in Medicare spending. A Detroit provider was sentenced to six years in prison for $10.4 kickback scheme. The case apparently involved kickbacks for unnecessary electromyogram…
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"The Scale of Misdemeanor Justice"
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After botched effort last month, Alabama agrees not to try again to execute Doyle Lee Hamm
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Lawsuits filed in Stormy Daniels matter
Ana: Joining us now, CNN legal analyst and criminal defense attorney, Page Pate. So, what’s your reaction, Page, to these latest filings on behalf of the President? Page: Well it does sound like another bullying tactic, and this is exactly the kind of thing that Donald Trump did when he was a private citizen. He… The post Lawsuits filed in Stormy Daniels matter appeared first on Pate & Johnson Law Firm.
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Henry on No-Crime Wrongful Convictions
Jessica Henry (Montclair State University) has posted Smoke but No Fire: When Innocent People Are Wrongly Convicted of Crimes That Never Happened (American Criminal Law Review, Volume 55, Spring 2018) on SSRN. Here is the abstract: Nearly one-third of exonerations...
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Tex McIver Murder Trial Analysis
Michaela: The star witness in a high-profile murder trial is finally finished with several days of pretty grueling testimony. Tex McIver is accused of intentionally shooting his wife in the back as they drove through Atlanta. The only witness to this, Dani Jo Carter. She was driving the moment her best friend was shot. While… The post Tex McIver Murder Trial Analysis appeared first on Pate & Johnson Law Firm.
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Team Truck Driving: Weighing Pros and Cons
There are plenty of different options when it comes to becoming a truck driver. You can do regional, national, long-haul, interstate, solo, or even team trucking. Team truck driving is a pretty great option, especially when you are doing a long-haul. You can get a bit more rest, and can schedule according to two drivers versus one. But what counts as team truck driving? And sure there are pro’s to it, but what are the cons? Team Truck Driving: Pros and Cons of Teamwork Trucking What is team truck driving? Team truck driving simply means that two drivers are riding together, versus one driver handling the entire load. So, the drivers can take a longer schedule as a unit, and can take turns getting rest, and driving. Some companies allow this type of practice, and others do not. But, there is an undeniable appeal to the idea of sharing a long-haul and getting some extra sleep. What are the advantages? For one, driving alone can get quite lonely. Some prefer the time alone,…
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Arrest in case of online solicitation of a minor
Police revealed that a man from Universal City is in prison after he sent dozens of lewd and improper text messages to a person he thought was a child. As was reported by News 4 San Antonio, Jeffrey Fox, age 44, sent the first obscene picture of himself on January 11, 2018. The individual who received the photo asked whether Fox had the incorrect number. The caller identified herself as Samantha, and said she was age 13. When the caller asked Fox if her age was bothersome to him he replied in the negative. Police said Fox sent many more graphic pictures, some of which contained his face. According to police, Fox sent over 60 text messages during the course of the next two weeks. However, Fox was really sending text messages to a man from Waco, Texas who then involved police. Detectives were able to determine that Fox was the sender of the messages through phone records from the service provider. Police recommend that parents be in possession of their children’s…
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What are the Time Limits for a Workers’ Compensation Death Claim?
You had no idea it would be your last goodbye. As your husband was headed to a service call, his truck slid on ice and right into a tree. Later, the police told you that he was likely killed on impact. You are beside yourself. How will you possibly make it alone with three babies all under the age of five? You wonder if you can make a workers’ compensation death claim. You also are concerned there may be time limits. The latest on fatal work accidents are from 2016. According to the National Census of Fatal Occupational Injuries, nearly 5,200 workers lost their lives because of on the job accidents. Sadly, that number was up seven percent from the previous year. A considerable percentage of the work-related deaths involved transportation accidents. Violence by other individuals and animals followed next. Were you dependent on a loved one whose life ended as the result of a fatal work accident? If so, you may feel particularly lost. Among other things, you counted on their…
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Chacon on Incarceration and Subjugation
Jennifer M. Chacón (University of California, Irvine School of Law) has posted Book Review: Unsettling History (Harvard Law Review, Vol. 131, No. 4, p. 1078, 2018) on SSRN. Here is the abstract: This review examines Kelly Lytle Hernández’s book City...
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