"The Expansion of Child Pornography Law"
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Fatality Crash near the Ora Bridge west of Ashton
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: 4/04/2018 2:35 p.m. Please direct questions to the District Office On Tuesday, April 3, 2018, at approximately 9:05 p.m., Idaho State Police investigated a single-vehicle fatality crash close to the Ora Bridge west of Ashton. Nicole M. McGlothlin, 40, of Martinez, CA was driving a 2005 Honda Civic westbound on 1300 N near 3330 E. McGlothlin failed to negotiate a curve, the vehicle rolled onto the right shoulder. McGlothlin succumbed to her injuries at the scene. McGlothlin was wearing a seat belt. Next of kin has been notified. This crash is under investigation by the Idaho State Police. 3435/3641 -------------
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Are prisons and jail now, and should they be, our society's modern addiction treatment centers?
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Governor Abbott’s Plan to Combat Sex and Human Trafficking
In 2018, Governor Greg Abbott announced an important proposal with the goal of protecting people from human traffickers and addressing sexual misconduct allegations throughout Texas’ state government. The proposal, called Preventing Crime, Protecting Texans, Punishing Criminals (the three P’s), allocates $22 million to the state’s Department of Public Safety. The department is mandated to create… Read more about Governor Abbott’s Plan to Combat Sex and Human Trafficking The post Governor Abbott’s Plan to Combat Sex and Human Trafficking appeared first on The Law Office of Matthew D. Sharp.
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“WHAT DO YOU MEAN I’M ARRESTED FOR ASSAULT AND BATTERY?”
You know, words can be funny. In some arenas, they mean one thing, and then in another, they can mean something different. This happens a lot in the practice of criminal law. Attorney Sam’s Take On Assault And Battery Harry Hands sees Sally Shoulder. Harry likes Sally. He calls to her and she does not answer. Perhaps she is ignoring him. Perturbed, he rather forcefully taps her on the shoulder. Did Harry break the law? We are talking about the potential crimes of Assault and Battery here. In Massachusetts, an assault is when you place someone in fear that they are about to be struck. The battery is when they are stuck. Perhaps you are thinking, “Well, of course not. Sally did not incur any damage…unless she has a glass shoulder. And, in that case, still no because he couldn’t have known that.” Your understanding would be wrong. You see, under both Massachusetts civil and criminal law, one take’s one’ victim (for want of a better word)…
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Considering Texas DA primaries in light of new models out of Philly for prosecutors opposing mass incarceration
The March episode of the Reasonably Suspicious podcast we included an update on the March 6 primary elections involving Texas District Attorneys and the Court of Criminal Appeals. Then we compared so-called "progressive" District Attorney candidates in Dallas to Philadelphia's new DA, Larry Krasner, discussing a new memo Krasner put out directing his prosecutors to use their discretion to reduce mass incarceration. By contrast, Texas' "progressive" DAs and DA candidates are all much more moderate. I've excerpted those two segments here:See a transcript below the jump.Excerpt from the March 2018 Reasonably Suspicious podcast featuring Scott Henson and Amanda Marzullo.Scott Henson: Next up, let's update our coverage of District Attorney and Court of Criminal Appeals races in the March 6th primaries.Mandy Marzullo: Texas' primary elections were held on March 6th. Six of the 12 elected district attorneys facing challengers were…
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Keeping Cool in the Summer for Bikers
The Spring and Summer months bring with them quite the heat wave. This is great for a number of reasons. You can get a tan, go back out on the lake, lay by the pool… the possibilities are endless, and pretty great. But, when it comes to keeping cool on your bike— it can be quite challenging (if you wear the right gear, that is). When you think of your typical bikers’ gear, breathable isn’t really the first word that comes to mind. But, there are actually quite a few options for keeping cool. Keeping Cool in the Summer for Bikers… Without Sticking Ice Down Your Shirt Staying cool starts with staying hydrated First things first, it’s important to understand that you’re going to sweat; it’s inevitable. There are moisture wicking technologies, and perforated jackets— which we’ll get to in a second. But, ultimately, you have to hydrate. Part of hydrating is to allow your body to have something to sweat out. Invest…
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April is Distracted Driving Awareness Month
April is a month with many observances such as Sexual Assault Awareness Month or National Autism Awareness Month. A month-long observance you might not know much about is April being dubbed Distracted Driving Awareness Month by the National Safety Council. Distracted driving entails any activity that diverts the driver’s attention from keeping their eyes on the road and their hands on the steering wheel. This can include texting, talking on your phone or to others in the vehicle, eating, drinking, or fiddling with your car’s entertainment or navigation systems. The most alarming distraction is texting. When you send or read a text message behind the wheel, you take your eyes off the road for an estimated five seconds. That might not seem like a long time but driving for five seconds at over 55 mph is like driving the length of a football field without looking. You can do a lot of damage to your yourself and your vehicle, not to mention others who are traveling on…
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SISTEMAS DE PENSIONES Y DAVID TUESTA
"Se dará dinero si genera riqueza" (David Tuesta dixit) siendo "riqueza" un concepto que supera su concepto primitivo, es decir, doy plata para que produzca más plata, los resultados de la educación "riqueza futura" NO se pueden medir monetariamente, sino por la cosecha de quince años por lo menos de desarrollo (siembra) educativo. Esta declaración suena lógica especialmente en un País donde lo común, normal, cotidiano es la falta de respeto a la Ley y a nuestros deberes como humanos pues, mientras seamos mortales, es necesario preocuparse en lo que dejaremos a nuestra descendencia. Ahora bien, la falta de respeto e inobservancia de la Ley por todos los peruanos, empezando por los ricos, es el resultado de centurias del comportamiento y quién, como el señor Tuesta David, declara: "Se dará dinero si genera riqueza" demuestra su absoluta…
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Can You Shoot a Home Intruder in MA?
Due to the recent surge in mass shootings and the resulting gun debate, the term “stand your ground” has frequently been in the news. In stand your ground states, such as Florida and Texas, an individual can use force, without retreating, to protect himself against a threat. In these states, shooting an attacker would generally be considered within your rights if you feared for your safety. Massachusetts, however, is not a stand your ground state. MA is a “duty to retreat” state, which means that you cannot use deadly force—even in self-defense—if you can reasonably avoid harm by retreating (such as running away). If, however, you are cornered, or otherwise unable to retreat, you are legally allowed to use deadly force if your life is threatened. A MA defense attorney can help you protect your rights if you’ve been charged with a crime. Castle Doctrine Although MA is a duty to retreat state, that duty does not apply to home intruders.…
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Secret courts, Kafkaesque tales, and a prosecutor fired for fidelity to the law
Let's clear a few browser tabs with a quick roundup:'Kafkaesque' tale began with Class C stopHere's a story from In Justice Today - "Traffic stop begins man's Kafkaesque journey through a Texas county's bail system" - that ties together the issues of arrests for Class C misdemeanors in Harris County and their bail litigation, about which we updated with an interview from one of the plaintiff's attorneys in our latest Reasonably Suspicious podcast.Harvey washed away Harris jail crowding gainsSpeaking of the Harris County Jail, after making some progress in recent years, it's overcrowded again thanks to court backlogs from Hurricane Harvey. They may seek variances to use temporary beds at the next Jail Standards Commission meeting.Secret courts in Dallas?Bail hearings in Dallas are held in secret, reported the Texas Observer! That's nuts. Open courts doctrine, anyone? Anyone?SCOT to decide if DA can fire prosecutors for…
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Subject of Hit Podcast Serial Gets New Trial
Fans of the hit podcast Serial will be interested to learn that Adnan Syed, the man whose murder conviction is the focus of the show, has been granted a new trial. Last week, Maryland’s second-highest court upheld a lower-court’s ruling that—due to deficient counsel in his original trial—Syed deserves a new trial. The appeals court’s three-judge panel said on Thursday that his legal counsel’s “deficient performance prejudiced Syed’s defense.” They went on to say that if the defense team had managed to contact even one witness with an alibi that could “have raised a reasonable doubt in the mind of at least one juror,” the outcome may have been different. A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with a crime. Multiple Inconsistencies The first season of Serial followed the investigation into the murder conviction of Adnan Syed. About 18 years ago, Syed…
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Can my wife drop the charges? – Corporal Injury On A Spouse
In criminal defense, we are often asked the question, after someone is charged with corporal injury on a spouse, can my wife drop the charges? The short answer is no. However, there is more to the process. Now there are many factors that go into making a case against someone charged with the crime of corporal injury to a spouse. These factors include how credible the alleged victim is; whether or not there were any other witnesses; the injuries to the victim; the 911 call; even possibly any statements made to the emergency personal as well as the responding officers, by the alleged victim or the suspect. If the police get involved in a situation, even if the victim did not call the police, where there is a physical confrontation by two people and there are injuries to at least on of the people, California law supports the officers in making an arrest. However, the person with the injuries could have been the one that was the primary aggressor and the person defending him or…
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San Diego Crime Rate Falls to Lowest in Half-Century
San Diego’s crime rate has continued its two-year decline, leading the city to the lowest crime rate in almost 50 years, according to The San Diego Union-Tribune. Overall, the newspaper reported a 7% decline in crime between 2016 and 2017. This followed a 2.3% decline between 2015 and 2016. According to San Diego Mayor Kevin Faulconer, the drop in crime rates was the result of increased trust between the community and the police officers along with an increased use of crime data and technology, which enabled the city to allocate its resources more efficiently. The largest drop in crime rates in the city was among some of the most violent crimes, to the delight of San Diego residents. Murder rates fell a full 32% between 2016 and 2017, with only 34 homicides reported in the last year. The other two crimes with the largest drop include burglary, dropping 20%, and vehicle theft, with 12% fewer in the same time period. Overall, violent crime fell 2% and property crime fell 8%…
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When You Own a Business, and You’re Hurt at Work
You’re a general contractor and know the importance of making sure you have workers’ compensation coverage. As it stands, you’re even aware that your insurance may kick in if your subcontractors don’t properly take care of their employees. You figure you’ve got all the bases covered. However, the unexpected happens. This time, you’re the one with an on-the-job injury. So, what happens when you own a business, and you’re hurt at work? Like every accident, you sense that the harm could have been avoided. However, not everyone is as diligent as you. A plumber on a big construction job dropped large pipes right onto your left foot. As luck would have it, the fracture is severe enough that you need surgery. When it comes to this type of workplace accident claim, you may have some options. For one, the plumber was not your employee. Therefore, if the courts consider his actions negligent, you may be able to sue the plumbing company in state…
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An Unreasonable Proposal
The Association of Los Angeles Deputy Sheriffs has this post with the above title:Assemblywoman Shirley Weber has introduced AB 931, seeking to criminalize law enforcement's use of deadly force, and allowing prosecution for homicide if a prosecutor disagrees with a deputy's tactical decisions prior to use of deadly force. Her legislation eliminates the long-enshrined standard that such force be "reasonable," and instead replaces it with a standardless term that such force be "necessary" while also disallowing a justifiable homicide defense if tactics prior to the shooting were "grossly negligent." The bill should be rejected by the state legislature.Existing law in California allows any person to use deadly force in self-defense or defense of others when it reasonably appears to the person that he or others are in imminent danger of great bodily injury or death; actual danger is not required (Penal Code section 197). If a person…
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Leslie A. Dalton, Esq. Joins Penglase & Benson, Inc.
Penglase & Benson, Inc. is pleased to announce that Leslie A. Dalton, Esq. has joined the firm. Leslie is a graduate of Penn State University where she earned her undergraduate degree in Political Science with a minor in Business. Following college she attended the Penn State Dickinson School of Law where she graduated in 2016. While at Penn State Law, she served as the Managing Editor of the Penn State Law Review and was a research assistant in the Legal Research and Writing Department. Leslie concentrates her practice in the areas of family law and civil litigation, both at the trial court and appellate levels. She represents individuals in the areas of divorce, child custody, child support and civil litigation. Prior to joining the firm, Leslie served as a law clerk to the Honorable Jeffrey L. Finley, President Judge of the Court of Common Pleas of Bucks County. She is admitted to the practice of law in the Commonwealth of Pennsylvania and the State of New Jersey.…
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Can you get workers' compensation if you are self-employed?
Being self-employed comes with many perks. You get to be your own boss, create your own work hours and decide how long your commute is. However, it also comes with some downsides. You have to pay your own taxes and be responsible for your own insurance, retirement and other benefits. You may wonder about workers' compensation. While you do not have an employer to handle workers' compensation for you, the Small Business Administration explains that you can get your own insurance. Workers' compensation is designed to help you make an income when you are unable to work due to being injured while on the job. In a traditional situation, your employer pays for the insurance, but when you are your own boss, you have to get the insurance coverage. You are not required by law to have it, but it can be a good idea if you work in a profession where injuries are common or if you would have major financial issues if you did get injured and were unable to…
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When ISIS Ran City Hall
The New York Times has conducted an intensive investigation of files ISIS left behind in Iraq. What did it find? Among other things, that ISIS was self-financed, and its biggest income producer was not oil and gas, but tax revenue. How did a... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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New York Court Discusses “Hardship” Exception to DUI License Suspension Requirement
Being arrested, charged, and convicted of a New York DWI offense can carry significant consequences for motorists. Indeed, as discussed below, even being charged with DWI can result in the immediate suspension of your license. These consequences can include fines, mandatory participation in the New York Drunk Driver Program, probation, and even jail time. In addition, a DWI conviction can also result in a license suspension or revocation. Under New York Vehicle and Traffic Law section 1193(2)(e)(7), under certain circumstances, a court can suspend the license of a person charged with DUI while the case is still pending. However, to comply with constitutional requirements, the statute allows for judges to make hardship exceptions. A recent case discusses how courts determine if someone charged with a New York DWI offense meets the requirements of a hardship exception. The Facts of the Case The defendant was pulled over after making an illegal left turn. When the officer…
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