IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 3/29/2018 5:22 p.m. Please direct questions to the District Office Idaho State Police is on scene of a three vehicle crash westbound I184 at exit 1 in Boise. All lanes of travel are currently blocked. More information will be released as it becomes available. 3683 / 3939 -------------
Three vehicle crash westbound I184 at exit 1 in Boise
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Injury log truck crash US95 MP420, South of Coeur d' Alene
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: <03/29/18 17:00> Please direct questions to the District Office On March 29, 2018 the Idaho State police investigated a one vehicle log truck crash. David T. Stanton, 45 years old, of Orofino Idaho, was traveling northbound on US95 at milepost 420, just south of Coeur d'Alene, Idaho. Mr. Stanton drove off the right shoulder of the roadway, striking a guard rail end. The log truck continued up the embankment and overturned. The northbound lanes were blocked for 20 minutes until traffic control was set up. Mr. Stanton was transported to Kootenai Health, it is unknown if he was wearing his seatbelt at the time of the crash. <TNM / XXX>…
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Ferguson on Illuminating Black Data Policing
Andrew Guthrie Ferguson (University of the District of Columbia - David A. Clarke School of Law) has posted Illuminating Black Data Policing (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: The future of policing will...
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Choosing a Safe, Quality Nursing Home For Your Loved One
If you’re entertaining the idea of putting your friend or family into a nursing home— it’s important to do your research. Elder abuse, unfortunately, is a common occurrence in many assisted living facilities. So, it’s important to pick a safe, and reputable one. But where do you start? Lucky for you, we’ve done our research, and put together a guide for picking a quality nursing home. That way, you can focus on your family member— we’ve got the rest. Choosing a Safe, Quality Nursing Home For Your Loved One Start by figuring out what’s important to you What kind of criteria do you need the nursing home to meet? What do you expect the nursing home to be like, and provide in terms of services? There are plenty of nursing homes that focus on different aspects. Whether those focuses be hands-on hospice type care, luxury apartment style, special care, religion, physical therapy… You should begin by establishing what you expect of…
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Motorcycle Hacks: Being A Smart and Cool Rider
If you’ve been in the motorcycle game for some time now, you’ve likely learned a few motorcycle hacks along the way. But, for new riders— they might not have learned those tricks of the trade yet. From old-school Apple Maps, to keeping the sun out of your eyes— there are plenty of ways to make your ride a little easier, and maybe even quicker…. Motorcycle Hacks: Being A Smart and Cool Rider The magnet trick(s) If you have a bluetooth helmet that can read you directions— good for you! But, some of us might not have that luxury quite yet. So, we’ve got just the hack for you. So, let’s say you have your directions written down on a piece of paper that you need to reference every now and then. It’ a bit hard to steer the motorcycle, and read your directions. So, grab a few magnets, and stick them to the metal on your bike. They’ll hold on easy, and they can keep your written directions in an easily viewable spot. These…
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Baer on Insider Trading's Legality Problem
Miriam H. Baer (Brooklyn Law School) has posted Insider Trading's Legality Problem (Yale Law Journal Forum, Vol. 127, p. 129, June 2017) on SSRN. Here is the abstract: In late 2016, in its highly-watched decision in Salman v. United States,...
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Drug arrest US95 MP307, Lewiston, ID ***CORRECTION***
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: <03/29/18 19:40> Please direct questions to the District Office ***CORRECTION*** Subject line corrected to US95. On March 29, 2018 Idaho State Police stopped a white Buick Lacrosse (Montana registration) southbound US95 near milepost 307 in Nez Perce County, Idaho, for expired registration. The driver, Phillip S. Tschimperle, 61 years old, had a felony warrant out of Minnesota. An Idaho State Police K9 unit was dispatched to the scene. The driver admitted to possession of drug paraphernalia. Approximately 35 pounds of marijuana was seized from the vehicle including drug paraphernalia. Mr. Tschimperle was arrested and booked for trafficking in marijuana…
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UPDATE: Three vehicle crash westbound I184 at exit 1 in Boise
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 3/29/2018 5:22 p.m. Please direct questions to the District Office *****UPDATE***** On Thursday, March 29, 2018 at approximately 5:01 p.m., Idaho State Police investigated a three-vehicle, injury crash westbound I184 at exit 1 in Boise. Ian Burwell, 20, of Gig Harbor, WA, was westbound in a 1997 Volkswagen Jetta. Gregory White, 58, of Meridian, was in a 2016 Ford F150 and Eric Clark, 37, of Meridian, was in a 2013 Toyota Tacoma. They were also westbound. The Volkswagen was travelling at a high rate of speed and struck the Ford from behind. The Volkswagen swerved to the right and was struck by the Toyota on the passenger side. All vehicles came to rest in the lane. …
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Innocence Project Announces First-Ever Ambassador Advisor Josh Dubin
The Innocence Project is thrilled to announce its first-ever Innocence Ambassador Advisor–Attorney and Justice Advocate Josh Dubin. Dubin is one of the most preeminent and sought-after litigation consultants in the U.S., having earned high praise from leading and accomplished members of both the civil and criminal bars. He is president of Dubin Research and Consulting, Inc. (DRC), a Manhattan-based consulting firm that specializes in jury selection, persuasive visual aids, and trial strategy for complex civil and criminal matters. He is co-author along with United States Federal Judge Nancy Gertner of The Law of Juries for Thomson Reuters. An attorney and member of the Florida Bar, he regularly works with some of the most successful attorneys and law firms in the country. Additionally, since 2004, Dubin has been a generous supporter and a significant partner in raising funds and awareness for the Innocence Project. In recognition of the Innocence Project’s 25th…
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BGer 6B_1356/2017: Die Sicherheitsleistung anderer Personen als Privatkläger im Rechtsmittelverfahren
Die erste Instanz verurteilte einen Beschuldigten wegen diversen Wirtschaftsdelikten. Drei weitere Personen, gegen diese aber keine strafrechtlichen Vorwürfe erhoben wurden, wurden als andere Verfahrensbeteiligte i.S.v. Art. 105 Abs. 1 lit. f StPO verpflichtet, dem Staat als Ersatz für den nicht mehr vorhandenen, widerrechtlichen Vermögensvorteil eine Entschädigung zu bezahlen. Diese drei Verfahrensbeteiligten meldeten beim Obergericht gegen diese Ersatzforderung Berufung an, wobei der Präsident des Obergerichts diesen drei eine Frist zur Zahlung einer Prozesskaution ansetzte.Gemäss Art. 383 Abs. 1 StPO kann die Verfahrensleitung der Rechtsmittelinstanz die Privatklägerschaft verpflichten, innert einer Frist für allfällige Kosten und Entschädigungen Sicherheit zu leisten. Ein Teil der Lehre spricht sich dafür aus, dass dies auch auf Dritte ausgedehnt werden kann, wenn diese auf dem Rechtsmittelweg Ansprüche aus…
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March Reasonably Suspicious Podcast: Primary election wrap-up, pushing #cjreform in state party platforms, unconstitutional legal fees, Harris County bail suit update, a stunning judicial power play, and more
Sliding in under the wire at the end of the month, check out the March 2018 episode of Just Liberty's Reasonably Suspicious podcast, covering Texas criminal justice politics and policy. Subscribe on iTunes, GooglePlay, or SoundCloud, or listen to the podcast here:Here's what my co-host Mandy Marzullo and I talked about this month:Top StoriesConviction overturned because Tarrant County District Judge George Gallagher shocked defendant with stun belt for no valid security purpose.Texas Court of Criminal Appeals holds more court fees unconstitutional for raising revenue rather than paying for justice services.Primary election roundupRecapping Texas contested Texas DA and Court of Criminal Appeals racesComparing "progressive" DA candidates in Dallas and elsewhere to Philadelphia's Larry KrasnerUpdate on Just Liberty's campaign to include criminal-justice reform in both Texas state party platforms. Includes Just Liberty's catchy jingle done by some…
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Qualified Immunity, Excessive Force by Police
Qualified Immunity, Unauthorized Use of Excessive Force by Police Conway is the county seat of Faulkner County located in central Arkansas. The city’s police department has 127 sworn officers to protect and serve the 65,000 people living in Conway. These officers have the right to use reasonable force to fulfill their sworn duty to protect individuals and the general community from criminal activity. A police officer who uses reasonable force is shielded by a qualified immunity defense from civil liability. Excessive Force and Qualified Immunity Whether or not reasonable force becomes “excessive” is decided by the courts through two narrow questions: first, whether the officer’s conduct violated a constitutional right of the injured party, and, second, whether that right was clearly established. The Supreme Court in 1989 settled the question that the Fourth Amendment protects citizens from excessive police force. A victim of…
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Divorce Drives Litigant into Depression and Bankruptcy
You may have heard of the “good divorce”, a concept explored by Psychology Today in 2009 where they suggested that “it is possible if you know how to do it”. Unfortunately, as a divorce lawyer I rarely see the good ones, only the tragically destructive ones. In worst case scenarios, divorce can be the trigger for personal bankruptcy as it was for Miroslaw Kuczera from Ontario. (Kuczera (Re), 2018 ONCA 322 CanLII) In an Ontario Court of Appeal decision we read that Mr. Kuczera was a happy family man with two children, employed as an electrician, until his marriage ended in 2007, leading to an acrimonious divorce that included allegations that he was an abusive spouse. As is typical in high conflict divorces, he had no access to his property and when his legal fees overwhelmed his financial resources he took to using credit cards and borrowed $16,000 from his brother. The loan was to be paid back in 2009 failing which a property owned by Mr. Kuczera in…
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Theft of Government Money Conviction Overturned - It Wasn't Government Money
United States v. OsborneDefendant Osborne stole funds from Document and Packaging Brokers, Inc., who obtained their money from the US Government to run a program to increase recruiting to the Air National Guard. The Government tried and convicted Osborne on the theory that the funds given to DPB were still Government funds, because the Government placed restrictions on the use of the funds, required reporting on the use of the funds, and created the program that was run by DPB. On appeal, Osborne argued that the Government did not retain "sufficient supervision and control over the funds involved such that the funds retained their federal character." The Court agreed, finding, under a fact-bound inquiry, that (1) the Government did not prove that they maintained a reversionary interest in the funds, (2) the Government did not place sufficient restrictions on the use of the funds, and (3) the Government did not place sufficient accounting requirements…
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Iowa Stand Your Ground Defense Rejected
STAND YOUR GROUND DEFENSE REJECTED A Johnson County judge rejected defendant Lamar Wilson’s “stand your ground” defense in one of the first publicized uses of the defense since the law was enacted in 2017. The State charged Wilson in a fatal shooting at the pedestrian mall in Iowa City. A jury convicted him of manslaughter for killing 22 year old Kaleek Jones. Wilson asserted the stand your ground law as a defense but Judge Paul Miller rejected it finding the law unconstitutional as applied to Wilson. Miller found the law was void because it was too vague to apply in Wilson’s case. This case will likely eventually wind up in the Iowa Supreme Court. WHAT IS STAND YOUR GROUND? Iowa Code § 704.13 grants criminal and civil immunity to individuals justified in using reasonable force against an aggressor. Another controversial change to Chapter 704 allows a person to be wrong to in their decision to use force in self-defense, so long as their…
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ICE Officials to End Obama-Era Policy Protecting Pregnant Women From Detention
On Thursday, March 29, U.S. officials from Immigration and Customs Enforcement (ICE) announced that the agency was withdrawing an Obama-era policy preventing pregnant women from being detained, unless in the case of mandatory detention or other “extraordinary circumstances”. Officials were quick to emphasize that they were only ending “‘the presumption of release for all pregnant detainees’”, and that cases for pregnant illegal immigrants would continue to be handled on a case-by-case basis. But there is no longer a guarantee that pregnancy would be sufficient to set a detained individual free. This new shift in policy comes as a result of President Trump’s executive order of January 2017 on Enhancing Public Safety in the Interior of the United States, which called for immigration officers to crack down on detaining and deporting any and all illegal immigrants in the country. Both immigration and human rights activists have expressed…
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Multiplicity and Illegal Sentence–When two alleged conspiracies are but one; erroneous enhancement and a sentence exceeding the statutory maximum: United States v. Gary Cooper, _ F.3d _ (D.C. Circuit, No. 17-3015 (March 30, 2018).
How often does one see a multiplicity victory? Not that often. Gary Cooper (per Judge Henderson, “not that one”), was convicted on a five-count indictment for his role in a scheme to steal from a labor union. On appeal, he successfully argued that the two charges (18 U.S.C. were in effect one and the same and therefore multiplicitous. Because his sentence rested on an erroneous application of a U.S.S.G. § 2E5.1(b)(1) enhancement, Mr. Cooper pointed out that it was further marred. And finally, Mr. Cooper added that his 68-month sentences exceeded the statutory maximum provided for the conspiracy, wire fraud and honest services fraud counts (18 U.S.C. §§ 371, 1343, 1346) In agreeing with Mr. Cooper, the panel (Henderson, Tatel and Williams, JJ) first examined the standard of review. Brushing aside the Government’s insistence that the multiplicity argument was forfeited, Judge Henderson found that the defense’s pretrial motion to…
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SEÑOR EDMER TRUJILLO, MINISTRO DE TRANSPORTES Y COMUNICACIONES, QUIEN MUCHO ABARCA POCO APRIETA
"QUIÉN MUCHO ABARCA POCO APRIETA" Se ha publicado en El Peruano, 29 de marzo de 2018, la designación como Jefe del Despacho de Asesores del MInistro de Transportes y Comunicaciones al siguiente personaje: Eduardo Martín González Chávez eduardo.gonzalez@vivienda.gob.pe Treinta años de experiencia en cargos de gerencia, dirección y asesoría en la administración pública, de los cuales los últimos dieciséis se desarrollan en el Congreso de la República del Perú. Conocimiento de las funciones, instancias y procedimientos parlamentarios. Especialización temática sobre el proceso de modernización del Estado, transparencia, prácticas de buen gobierno, participación ciudadana, desarrollo territorial, descentralización cultura, vivienda, medio ambiente y políticas anticorrupción. Capacidad para interactuar con…
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‘Mr. Wonder’ convicted of child sex crime
Almost 40 years after he disappeared from the media spotlight in the midst of accusations that he committed sexual abuse against children on a camping trip, a man formerly known as “Mr. Wonder” to viewers of his children’s television show received a sentence of five years in prison. According to the New York Post, Frank John Selas III, age 78, entered a guilty plea to one count of indecent behavior with a child. However, his attorney revealed that he could qualify for parole as early as July because of credit for time served since his arrest in California in January 2016. He had confronted the prospect of life imprisonment if he had been convicted of aggravated rape, sexual battery and indecent behavior with a juvenile. Each of those charges was associated with one child who had been on the camping trip in 1979. Authorities communicated with the victim before arriving at the decision that a plea deal was in the best interest of the man and his family. A…
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Week of March 26 - 30, 2018
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