In an Alert published Thursday, Fox partner Tracy Gallegos and associate Lynnel Reyes examined new emergency regulations recently proposed by the California Department of Public Health to allow Type 6, 7, or N cannabis licensed manufacturers to register their facility as a “shared-use” facility. The regulations also provide for a new license, the Type S license, which would allow licensees to create infusions, package and label cannabis products and conduct extractions with butter or food grade oils (provided that the extract or concentrate produced may only be used in infused products manufactured by that licensee.) The regulations are expected to be approved by tomorrow, April 13, 2018. Tracy and Lynnel outline the details of the proposed regulations and the new Type S license, including its benefits, associated concerns and the application process. To read their full discussion, please visit the Fox Rothschild website.
In Boost for Cannabis Infusion Market, California Adds New Type-S License
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Senators Orrin Hatch and Kamala Harris write to AG Jeff Sessions to push for more medical marijuana research
As reported in this new press release, "US Senators Orrin Hatch (R-UT) and Kamala Harris (D-CA), both members of the Senate Judiciary Committee, sent a letter today to US Attorney General Jeff Sessions urging the Drug Enforcement Administration (DEA) to cease efforts to slow medical marijuana research, following reports that...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/iptM_NRMmG8" height="1" width="1" alt=""/>
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Myths and dilemmas surrounding DNA testing backlogs
The Fair Punishment Project has a good roundup in its In Justice Today Texas newsletter of stories on Texas' efforts to reduce the so-called "rape kit backlog," and I was pleased to see among them this item identifying "5 myths" surrounding the controversy over un-tested rape kits from the co-founders of People for Enforcement of Rape Laws.I agree with most of that commentary, but there's one other "myth" they didn't cover: That every un-tested rape kit has the potential to identify a criminal. Many times, the reason rape kits go un-tested is that the identity of the alleged assailant isn't the issue. Rather, the issue is whether a sexual act was consensual, and the existence of DNA doesn't prove culpability.For more context, check out the lab director from the Los Angeles Sheriff's Office discussing the cost-benefit issues surrounding testing of rape-kit backlogs at a National Institute of Justice event in 2010.…
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FITCHBURG TRAGIC CRIMES RESULT IN ONE DEAD CHILD, ONE INJURED CHILD AND TWO ARRESTED PARENTS
Sometimes, even though we may not know all the facts, it is clear that some horrible tragedy has taken place. Probably one that has something to do with distorted perceptions of some kind. By some body. Either that or pure evil. But then, I do not tend to believe in “pure evil” in such situations. I’ve seen too much. But I digress (already). In Fitchburg District Court, the allegations were presented in open court. The event was the arraignment of mother Shana Pedroso, 37, and the children’s father, Marvin Brito, 38. After the hearing, the two were ordered held without bail pending a dangerousness hearing next Wednesday. The case involves a 6-year-old girl and her 9-year-old brother. The 6-year-old girl is dead. The brother told police that he and his sister went out for a walk on Monday with their parents and two other kids. He said that when the parents left them, “he and his sister were attacked by bullies,” according to a police report.…
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Kaufman on Bystanders and Sexual Violence
Zachary D. Kaufman has posted Protectors of Predators or Prey: Bystanders and Upstanders Amid Sexual Violence (Southern California Law Review, 2019 Forthcoming) on SSRN. Here is the abstract: In the wake of widespread revelations about sexual misconduct by President Donald...
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Uber's Background Checks Still Unter What Is Needed
As today's News Scan notes, Uber has announced it will do annual background checks for its drivers. That is a step in the right direction, but not a big enough step.CEO Dara Khosrowshahi has a post on Uber's website titled "Getting serious about safety."Since Uber got started nearly nine years ago, we have conducted criminal and driving record screenings on millions of people. While no background check is perfect, our process is thorough, fair, and relevant to the work at hand. However, we can do more to ensure drivers continue to meet our standards on an ongoing basis, long after they take their first trip. Moving forward we will increase due diligence to strengthen our screening process:The two paragraphs that follow describe the annual checks and new offense notifications. Okay, they are getting more serious about new offenses. How about old ones? Follow the link in the above paragraph and what do we find? Because the…
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Exoneree Anthony Graves Speaks Out Against Request to Expedite Death Penalty in Texas
Anthony Graves was incarcerated for 18 years—12 of which were spent on death row—before a federal court overturned his capital murder conviction in 2010. Texas courts had previously rejected all of his appeals. Graves’ case is a prime example of how state courts can make an incorrect decision about a case, and how the protection of federal reviews can save a person’s life—like it did for Graves. Last week, Texas renewed its request to “opt in” to a federal law that would expedite the death penalty by shortening the legal process and limiting appeals options. While proponents of this law claim that it would save the state time and money, it greatly increases the chances of executing an innocent person because it often takes years for lawyers representing those on death row to uncover evidence of innocence. In speaking out against the approval of this law, Graves told the Texas Tribune, “If it were up to the state itself, I would…
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CAN YOU USE SELF-DEFENSE AGAINST A POLICE OFFICER IN ILLINOIS?
You believe the police had no justifiable basis to stop you, and you may be right. Nevertheless, you must still obey police orders, and you cannot physically resist the arrest. But what if the officer physically threatens you? Can you defend yourself? Under Illinois law, an arresting officer may generally use any force reasonably necessary to arrest you. (See 720 ILCS 5/7-5(a)). You, on the other hand, may not use force to resist arrest by a known police officer, even if your arrest is unlawful. (See 720 ILCS 5/7-7). So, if the officer tells you to put your hands behind your back, you have to put your hands behind your back even if you know you are being targeted for no good reason. However, once an officer uses excessive force, you may then have the legal right to forcibly resist arrest and defend yourself. (See 720 ILCS 5/7-1(a)). You are justified in using force against the officer to the extent that you reasonably believe force is necessary to defend yourself or a…
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Illinois DUI Defense Attorneys
A DUI arrest can be a frightening experience. Criminal penalties, high fines and a loss a driving privileges can have a devastating effect on your personal and professional life. The Davis Law Group, P.C. is recognized as a leading Illinois DUI defense firm. Our attorneys will analyze the facts of your case and determine the most appropriate strategy to ensure the best possible result. Our legal team’s unique and personalized approach focuses on our clients’ specific needs. We are here to help. The DUI defense attorneys at The Davis Law Group, P.C. represent clients facing DUI charges throughout Illinois and the Chicagoland area. We primarily accept DUI cases in Cook County, Lake County and DuPage County. This includes Skokie Courthouse, Rolling Meadows Courthouse, The Daley Center, Bridgeview Courthouse, Markham Courthouse, Maywood Courthouse, Leighton Criminal Courts Building at 26th & California, the DuPage County Courthouse in Wheaton, and the Lake County…
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What Does it Mean to be “In Custody”
The Fifth and Sixth Amendments to the United States Constitution give an individual the right to avoid self-incrimination and to consult an attorney. While these rights are in the Constitution, they were not always enforced or followed strictly. In the Supreme Court case of Miranda v. Arizona, the Court reinforced that an individual has the “right to remain silent” and to consult an attorney. These rights are more commonly known as your “Miranda Rights.” If the police take you into custody, they must inform you of your rights. There is no question that the rights must be read; however, the idea of a suspect being “in custody” is a vague term. Custody has come to mean being questioned or interrogated by the police after being taken into custody or otherwise deprived of freedom of action in any significant way. Ultimately, if you believe your rights were violated by police officers in Rolling Meadows, it is in your best interests to contact an…
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Teacher Arriving at School Arrested in Parking Lot for DUI
A Las Vegas elementary school teacher on her way to work last Tuesday morning was placed under arrest on suspicion of driving under the influence. 46-year-old April Shepard is a fourth-grade teacher at Tom Williams Elementary School, and she has worked within the Clark County School District for a total of 21 years. As Shepard entered the school parking lot around 7:30 a.m. on the morning of April 3 she reportedly made impact with two parked vehicles. When she tried to get out of her car she was unable to steady herself and two parents nearby came to her assistance by helping her to stand. Continue reading →
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NYTimes: Opinion: Don’t Let the Police Wreck Stop-and-Frisk Reforms
NYTimes: Opinion: Don’t Let the Police Wreck Stop-and-Frisk Reforms: We won the stop-and-frisk case in 2013, when a federal court ruled the New York City Police Department’s use of the practice was unconstitutional. But as the lawyers in the case, … Continue reading →
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US News & World Report: Judge: NYPD Cellphone Tracking Tech to Remain Secret
US News & World Report: Judge: NYPD Cellphone Tracking Tech to Remain Secret by AP: The New York Police Department won’t have to release details about its portable cellphone tracking system commonly known as Stingrays.”
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Baltimore Sun: Opinion: Predicting more biased policing in Baltimore
Baltimore Sun: Opinion: Predicting more biased policing in Baltimore: Police Commissioner Darryl De Sousa and Mayor Catherine Pugh recently announced measures meant to reduce violent crime in Baltimore, including ‘predictive policing,’ which they plan to be fully operational in the … Continue reading →
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4 Common Police Mistakes in a DUI Arrest
Police officers are regular people who make mistakes. If you’ve been arrested for a DUI, it’s important to realize that the police officer who pulled you over may have made a mistake. Since a mistake by a police officer may help you avoid a conviction, you should familiarize yourself with the most common police mistakes in DUI arrests. Lack of Probable Cause. In order to pull you over, a police officer must have had probable cause that you were driving under the influence of alcohol. If you were not swerving, speeding, or engaging in any other driving behavior that may lead a police officer to believe you were under the influence, your arrest may be invalid. Errors with Field Sobriety Tests. Field sobriety tests assess balance, coordination, and the ability of a driver to pay attention to more than one task. There are strict, detailed procedures for administering field sobriety tests. For instance, police officers must take fatigue, certain medical conditions, and…
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PACER text entry
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff’s motion to extend time 85. It appears Defendant R. Johnson refused service by mail 69. Plaintiff appears to believe the U.S. government … Continue reading →
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Can You Withdraw a Guilty Plea in a New Orleans Criminal Case?
If you’ve entered into a plea bargain with prosecutors and pled guilty to a crime in New Orleans, you can ask the court to take your plea back, but there is no guarantee that your […] The post Can You Withdraw a Guilty Plea in a New Orleans Criminal Case? appeared first on Bloom Legal.
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Police Engage in Illegal Interrogation Tactics and Conviction Gets Reversed
A recent court decision, Wilson v. State, 43 Fla. L. Weekly D715a (Fla. 2d DCA 2018), resulted in the reversal of a conviction and the suppression of a confession in a case involving illegal and outrageous police conduct. This opinion is a scathing indictment on the tactics used by law enforcement in an unlawful effort to obtain a confession. After Wilson’s criminal defense attorney filed a motion to suppress his statements, which was denied by the trial judge, Wilson was convicted at trial based on little more than his own confession. Wilson appealed to the Second District of Florida. Let’s see how this played out… What did the officers do? Law enforcement had information that Wilson was involved in an armed robbery of a pizza joint. They believed that he was the getaway driver. So, they asked to meet up with him at a local park. Wilson agreed. At the park, Wilson agreed to ride with the officers down to the…
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TRISKAIDEKAPHOBOA
Today is Friday the 13th. Who is afraid? Who should be afraid? The Federal Blog run by David Markus reports that the judges of the SDFLA appointed acting US Attorney Ben Greenberg to be US Attorney, because his appointment runs out April 28, 2018. None of this ever happened under Obama even when he was spending most of his time hiding his birth-certificate, trying to usher in Sharia-law through the back door, raise our taxes, deplete our military and otherwise be a bad and incompetent President. Through all of that he somehow was able to make executive appointments on time. It seems a bit untoward that the judges of the district are appointing the prosecutor. Of court the term "untoward" could be applied to most of the current federal administration. There's an untoward side to the retirement of Judge Zabel. And by that we mean the actions of the State Attorneys office, and not Judge Zabel. When and if we can, we'd like to…
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MARTÍN VIZCARRA - GOBERNABILIDAD Y CORRUPCIÓN
https://elcomercio.pe/opinion/colaboradores/viii-cumbre-americas-caso-lava-jato-impunidad-instituciones-publicas-transparencia-campanas-electorales-gobernabilidad-democratica-vs-corrupcion-martin-vizcarra-noticia-511615 "Uno de los antídotos más poderosos y eficaces contra la expansión del sistema de corrupción es la transparencia, que será un pilar fundamental de mi gestión presidencial para desmontar toda práctica corrupta que se detecte en cualquier área de la administración pública". MI OPINIÓN: Esperemos que el Jefe de Estado en cumplimiento del antídoto que propone nos explique porqué la mayor parte de los ministros al designar a su equipo de asesores simplemente reciclan a los que estaban en otros ministerios SIN ACUDIR A SERVIR, ¿Por qué designan a dedo a esos colaboradores?, ¿Por qué se nombran personas con antecedentes…
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