Der Hamburger Strafverteidiger Dr. Gerhard Strate wechselt nun die Tonlage gegenüber dem Landgericht Regensburg. Waren seine Schriftsätze bisher bestimmt aber sachlich, greift er die Stellungnahme eines abgelehnten Richters nun harsch an:
Warum muss man sich so im Wege stehen? Warum muss man den Mangel an Souveränität so nach außen tragen?
Damit schlägt er - sicherlich nicht unbewusst - eine neue Tonart an und zeigt sich offensiv und angriffslustig. Der Richter hatte in seiner dienstlichen Stellungnahme (§ 26 Abs. 3 StPO) nach einem Antrag auf Ablehnung des Richters wegen dem Besorgnis der Befangenheit formuliert:
„Soweit der Antragsteller vortragen lässt, dass der abgelehnte Richter an einer ‚groben Verfälschung des Sachverhalts‘ mitgewirkt habe und dass (bezogen auf die Kammer in der damaligen Besetzung) ‚Eingaben von Bürgern umgefälscht‘ worden seien, wird dieser Vorwurf zurückgewiesen.“
Strate nimmt diese Passage auf's Korn und fragt, warum denn sofort so ein herrischer Tonfall angeschlagen werden muss (natürlich, wie in der Richterschaft üblich, in einem passivischem Sprachstil)? Und erläutert so dann gleich, was aus seiner Sicht unter einer Verfälschung zu verstehen ist:
Die Behauptung einer Verfälschung muss ja nicht notwendig einen subjektiven Vorwurf begründen. Eine Verfälschung ist objektiv eine grobe Fehlleistung in der korrekten Erfassung eines Sachverhalts, mag sie nun subjektiv auf Absicht oder nur auf zeitweilig fehlender geistiger Präsenz beruhen.
Der komplette Schriftsatz ist in der Dokumentation des Mollath-Verfahrens auf den Internetseiten von Dr. Strate zu finden.
Verteidiger Strate schlägt nun eine andere Tonart an
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Colorado Commercial Drivers and DUI
It is difficult for anyone to get a DUI but it is especially difficult for a person with a commercial license or who relies upon their driver’s license to work. If you are in a position where you are facing a Colorado DUI that could cost your livelihood, You Need to Keep Reading. If you Continue ReadingColorado Commercial Drivers and DUI is a post from: Mountain Legal - Denver Colorado Criminal Defense
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Injury Crash Eastbound SH53 @ 13
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
CASE # C13001288
--------------------- PRESS RELEASE -----------------------------
DATE: 07/05/13 TIME: 6:58 PM LOCATION: EB State Highway 53 @ 13
ASSISTING AGENCIES: Kootenai County Sheriff Dept.
VEHICLE #1
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DRIVER Prentice,Eric D AGE 30
ADDRESS Almira, Washington
INJURIES? - Yes
HOSPITAL/LOCATION TAKEN Kootenai Medical Center
VEHICLE YEAR 1996 VEHICLE MAKE Ford VEHICLE MODEL Explr
WRECKER Reliable
SEATBELTS/HELMET WORN? Yes
PASSENGER(S)
ADDRESS Prentice, Michelle Almira,WA
INJURIES? - Yes
HOSPITAL/LOCATION TAKEN Kootenai Medical Center
2 minor children- transported to Kootenai Medical Center
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VEHICLE #2
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DRIVER Kamps,Julianna J AGE 20
ADDRESS Post Falls, ID
INJURIES? - Yes
HOSPITAL/LOCATION TAKEN Kootenai Medical Center
VEHICLE YEAR 2004 VEHICLE MAKE Ford VEHICLE MODEL Focus
WRECKER Lakes Towing
SEATBELTS/HELMET WORN? Yes
INCIDENT NARRATIVE: Prentice was traveling Southbound on Ramsey and failed to see the stop sign at State Highway 53 and proceeded through the intersection and was struck by Kamps who was traveling Eastbound on State Highway 53. Mr. Prentice was traveling approximately 50-55 MPH through the intersection. Everyone involved was wearing seatbelts. All five occupants were transported to Kootenai Medical Center. Prentice was cited with Inattentive Driving.
DSP INITIALS AHR
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Checkpoint Mayfield
<font style="FONT-SIZE: 12px" face="Arial">What do you know about highway checkpoints, other than preferring that you not end up in one? Not much, and the police are counting on you not
learning enough to beat them at their own game. Checkpoint basics are fairly straightforward, sobriety checkpoints being lawful as long as they are conducted in a pre-determined random fashion,
whether it's every car or every sixth car.<br>
<br>
Drug checkpoints, on the other hand, <a href="http://www.law.cornell.edu/supct/html/99-1030.ZS.html"></a></font>
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OH8: Writ of prohibition doesn't lie to block search warrant issued with jurisdiction
A writ of prohibition is not a proper remedy to object to a search warrant. Here, the police got a search warrant for medical records from a hospital 12 days after a shooting victim was treated. State ex rel. Parma Cmty. Gen. Hosp., 2013 Ohio 2923, 2013 Ohio App. LEXIS 2969 (8th Dist. July 1, 2013):
[...] Read more!
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OR: Just because an officer decides not to give a traffic ticket, the stop does not have to end
Just because an officer decides not to give a traffic ticket, the stop does not have to end. State v. Watson, 2013 Ore. LEXIS 486 (July 5, 2013):
[...] Read more!
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Fair Question from the Slackoisie
<font style="FONT-SIZE: 12px" face="Arial">The question below was left in a comment to a recent post called <a href=
"http://blog.simplejustice.us/2013/04/28/the-easiest-practice-of-law.aspx" target="">The Easiest Practice of Law</a>. It was the latest in a series of posts here directed toward the Slackoisie,
who I try my darndest to help despite their lack of appreciation for my efforts. Still, I press forward, lest they spend their days at JD Undergound making each other stupider.<br>
<br>
My <em>Easiest Practice</em> post offered what I ...</font>
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McLennan Co. looks to reduce pretrial detention to save jail costs
There's been a major shift in Texas over the past half decade or so regarding county jail overcrowding and how county commissioners should respond. For many years, when jails filled up there was really only one option ever considered, no matter what the jurisdiction: Expand the jail; build more cells. Today, it's more common for counties to seek to lower the jail population by other means, particularly reducing pretrial detention for low-level offenses. That same debate is playing out right now in McLennan County, reported the Waco Tribune Herald this week ("County pretrial release program could cut costs, expedite release of nonviolent offenders," July 5). Here's how their story opened: McLennan County commissioners are examining a plan to accelerate the process of releasing nonviolent offenders awaiting trial in the county jail, thus cutting the costs of housing them. The commissioners discussed last week the option of forming a pretrial release program and agreed to continue researching similar programs throughout the state. A pretrial release program would combine the county’s PR bond coordinator, indigent defense coordinator and a full-time magistrate into one office with the goal of processing and releasing nonviolent offenders from the McLennan County Jail on State Highway 6 as they await the resolution of their cases. The county now employs only one part-time magistrate. And the indigent defense and PR bond coordinators work separately.“To have the three of those working separately from one another can cause great inefficiencies and cause unnecessary costs,” Precinct 4 County Commissioner Ben Perry said.Merging the three entities would cut costs immediately and allow the county to dissolve the position of bail bond coordinator, officials said.
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Best DUI Results
I have spoke about this before, but I have more proof that fighting DUI cases in Cincinnati and Dayton will sometimes produce very good results. There are offers at a pretrial and offers for lawyers that fight. Prosecutor will often take a very cursory view of the charges and your prior history before offering a [...]
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Motorcycle Crash On US93 Near Ellis Claims One
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: 07/06/2013 at 8:30 a.m.
Please direct questions to the District Office
On July 5, 2013, at approximately 2:00 p.m., Idaho State Police investigated a fatality crash on US93 at milepost 268.5, in Lemhi County, near Ellis, ID.
Lawrence Steffens, 53, of St. Louis Park, MN, was driving north on US93 on a 2010 Harley Davidson motorcycle. While Steffens was negotiating a corner, an antelope ran in front of the motorcycle. Steffens collided with the antelope. Steffens lost control of the motorcycle and the motorcycle went on to its side, separating the driver from the motorcycle. Both Steffens and the motorcycle came to rest on the east side of US93. Steffens succumbed to his injuries at the scene of the crash. Steffens was wearing a helmet.
Next of kin has been notified. Idaho State Police was assisted by Lemhi County Sheriff's Office, Elk Bend QRU, and Salmon EMS. The crash is under investigation by the Idaho State Police.
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Saturday Open Thread
I've been so immersed in covering the George Zimmerman trial, I forgot to put up an open thread for other topics yesterday. Only one more week to go, and then I'll be back to regular blogging on other topics.
This is an open thread for all...
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Southwest Ohio’s DUI Defender
Welcome. My name is Rob Healey. I am a managing lawyer at Suhre & Associates, LLC, where we provide our clients with aggressive and thorough DUI defense representation. I have defended DUI and OVI cases in Ohio from Cincinnati to Dayton, and beyond. On this blog, I’ve answered many of the common questions that come [...]
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Accounting for the high costs of a lingering death row in Connecticut
This local article from the Nutmeg State, headlined "Taxpayers' Costs Top $3.5 Million For Death Row Inmates' Lawsuit," details that the statutory repeal of the death penalty in Connecticut has not repelled all the costs of capital litigation. Here are...
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Donald Trump “Trumps” Beauty Queen in Lawsuit
Miss Pennsylvania may be beautiful on the outside, but her anger after failing to win the title of Miss U.S.A. in 2012 showed that her beauty was only skin-deep. Sheena Monnin, from Cranberry Township in Pennsylvania, competed seven times before winning her state title and the opportunity to compete in Donald Trump’s Miss USA pageant. […]![]()
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Hardly 'hackproof': Vehicles' remote keyless entry systems vulnerable
Grits earlier mentioned that I've been spending some time post-session, as a diversion from political topics, immersing myself in the history and functioning mechanical locks and keys. But of course, these days electronically controlled locks are replacing mechanical ones in many settings, perhaps most commonly with the advent of "remote keyless entry" (RKE) for automobiles. As it turns out, the keyless locks used in many modern vehicles are just as vulnerable as the pin-tumbler lock on your front door to somebody who understands how they work.The auto industry has relied on "security through obscurity" in this arena, hoping ignorance and a lack of technical expertise among car thieves would prevent them from bypassing RKE locks. That worked for a while, but now auto thieves have discovered how to bypass many of those systems, often more quickly than they could have 30 years ago with a "slim jim" or a pick gun. NBC's Today Show reported on June 5:You think when you lock your car and set the alarm, your car is pretty safe. But criminals have designed a new high-tech gadget giving them full access to your car. It's so easy, it's like the criminals have your actual door remote. Police are so baffled they want to see if you can help crack the case.A Long Beach, Calif., surveillance video shows a thief approaching a locked SUV in a driveway. Police say he's carrying a small device in the palm of his hand. You can barely see it, but he aims it at the car and pops the locks electronically. He's in, with access to everything. No commotion at all.Then his accomplice shows up and hits another car, using that same handheld device.Long Beach Deputy Police Chief David Hendricks is mystified. "This is bad in the sense we're stumped," he told us. "We are stumped and we don't know what this technology is."He said it's almost like the thieves are cloning your car remote, which is virtually impossible to do. Here's why: On most cars, when you hit the unlock button, it sends a code to the car. That code is encrypted and constantly changing — and should be hackproof.Except RKE devices are decidedly NOT "hackproof," clearly. See more background on how thieves may be spoofing them. These vulnerabilities were known long before this recent episode in California. For example, in 2011 USA Today reported that, "Those remote key fobs nearly all automakers offer -- turns out they're fairly easy to hack so the bad guys can unlock your car and high-tail it before you even finish your shopping, Swiss researchers discovered." For that matter, here's an informative item from 2008 titled, "Hacking car security system and remote keyless entry." So at least five years ago these vulnerabilities were well known. In 2009, a commenter at Car and Driver offered up this detailed explanation of one method to bypass such systems:it's been already over 15 years since car thieves began to use not single but double code-grabbing. with keyless entry systems it works a little more complicated, but the general principle is like this:1) a driver comes to his car. The key in his pocket sends a code to the car to open2) while this is performed, car thieves wirelessly capture the sent code, and instead send a wrong one to the car, which the car rejects3) in a few seconds, the key again sends a code to the car (the "next" floating code, generated by both key and the cars safety system)4) which thieves again capture, but then immediately send to the car the FIRST code which was captured.5) the car unlocks (by the first code), the owner drives in a car somewhere, being followed by car thieves who have the next correct code which the car's safety system will be awaiting next6) when driver leaves the car, thieves simple come and open the car with this "2nd" code. Clever. Apparently, the Long Beach police and Today Show reporters don't use Google or they'd have figured this out.This method allows thieves to open doors and trunks but not necessarily start the car. However, last year it was widely reported in Europe that BMW key fobs could be easily reprogrammed using the vehicle's onboard diagnostic port and actually start the vehicle. See here for a video explaining the details of keyfob programming and footage of BMW thieves making use of the tactic.These vulnerabilities will apply to a huge number of cars on the road for the foreseeable future. It's easy to purchase key fob blanks and clearly knowledge of their detailed functioning is filtering down to the criminal class.While locking technology will improve over time, historically secrecy surrounding the locksmith's trade has caused technology in that field to develop at a painfully slow pace. Whereas most other technological fields operate within a relative culture of openness - e.g., the tradition of scientific publication and the filing of patents - locksmithing is a rather insular profession where detailed technical knowledge is rarely shared outside a relative handful of licensed commercial vendors. Even their trade journal restricts who can subscribe. That makes it less likely that vulnerabilities will be identified by the industry or that security upgrades will be promptly created to patch them when they're exploited by others. The development of encoded keys was one of the most significant improvements in lock technology in the 20th century. But unfortunately, we're now in the second decade of the 21st century and technology that was cutting edge two decades ago is already becoming outdated.Bottom line: There's no such thing as a "hackproof" lock, there are only locks that no one has hacked yet. And increasingly, there aren't that many of those.
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Father and Son Convicted in $100 Million Ponzi Scheme
After a two-week trial, a federal jury convicted an Arizona father and son of orchestrating a $100 million Ponzi scheme that targeted members of the Church of Jesus Christ of Latter-day Saints. Guy Williams, 42, and Brent Williams, 66, were found guilty of thirty-eight felony charges, including conspiracy, wire fraud, mail fraud, and money laundering. Each could face hundreds of years in prison. Based on the severity of the scheme and the numerous charges, the duo could potentially face a sentence of hundreds of years in prison.
The Williamses operated a group of investment funds known as the "Mathon" entities, which offered several investment opportunities involving short-term loans to third-party borrowers. Beginning in November 2002, potential investors were promised high interest rates on the loans of up to 75% annually, and were told that the Williamses and their partners had substantial experience in this business. Investors were assured that each loan was collateralized with specific assets having a value much higher than the value of the loan, and were also told that many of the loans were also further secured by personal guarantees from the borrowers. Many of the investors were members of Arizona's Mormon community. From November 2002 until February 2004, the scheme took in more than $100 million from over 175 investors.
However, the Mathon entities were nothing more than an elaborate Ponzi scheme, using incoming investor funds to pay returns to existing investors as well as sustaining their lavish lifestyles. Investor funds were also used to pay over $10 million in salaries and bonuses to the founders, as well as to operate businesses they secretly controlled.
The Williamses are scheduled to be sentenced September 30.
A copy of the indictment is here.
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Unlawful Use or Access of Social Media — Louisiana
NEW ORLEANS SEX CRIMES DEFENSE ATTORNEY Elizabeth B. Carpenter, Esq. — New Orleans Criminal Lawyer If you or a loved one is facing allegations of a SEX CRIME, you must contact a criminal defense attorney for a consultation. Early intervention by an experienced Sex Offender Defense Attorney can make a tremendous difference in your case. Elizabeth B. [...]
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NYT: In Secret, Court Vastly Broadens Powers of N.S.A.
NYT: In Secret, Court Vastly Broadens Powers of N.S.A. by Eric Lichtblau:
[...] Read more!
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Mass. Trooper Hit by Alleged Drunk Driver
In a recent accident, a Massachusetts State Trooper was serious injured after being hit by an alleged drunk driver during a routine traffic stop. According to WCVB, the accident happened shortly after 1:00 am. at Lynn Fells Parkway along Route 1.![mPIXIhI.jpg]()
Accident reports indicate that the trooper was hit from behind by a 35-year-old man who was under the influence of alcohol at the time of the accident. The trooper was taken to Massachusetts General Hospital with back and neck pain and was later released.
Our Boston drunk driving accident lawyers understand that oftentimes it's innocent travelers who suffer the consequences of irresponsible and intoxicated drivers. Operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension, steep fines, and even jail.
In the state of Massachusetts, there were close to 150 people killed in alcohol-related traffic accidents in 2012. These kinds of accidents accounted for close to 50 percent of all of the traffic accident fatalities observed throughout that entire year.
The rate of alcohol impairment among drivers involved in fatal crashes in 2011 was close to 4 times higher at night than during the day. In 2011, close to 20 percent of all drivers involved in fatal crashes during the week were alcohol-impaired, compared to more than 30 percent on weekends.
The sad truth of the matter when talking about these kinds of accidents is that they're all completely preventable. It's never a good choice to hop behind the wheel of a motor vehicle after consuming alcohol -- even if it's only been one drink.
Drinking alcohol and driving simply do not go together. Alcohol affects attentiveness and one's ability to make quick decisions on the road, react to changes in the environment and execute specific, often difficult maneuvers behind the wheel. When drinking alcohol, driving becomes dangerous - and is potentially lethal!
It's important to remember that Buzzed Driving is Drunk Driving, too. Though this campaign from the National Highway Traffic Safety Administration (NHTSA), officials are asking you to take the pledge -- to make sure you always make responsible choices that don't endanger you and/or others.
This is especially targeted toward the younger drivers (those between the ages of 21 and 24). They're the group of drivers who had the highest percentage of drivers involved in fatal accidents with a BAC of .08 or higher.
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Accident reports indicate that the trooper was hit from behind by a 35-year-old man who was under the influence of alcohol at the time of the accident. The trooper was taken to Massachusetts General Hospital with back and neck pain and was later released.
Our Boston drunk driving accident lawyers understand that oftentimes it's innocent travelers who suffer the consequences of irresponsible and intoxicated drivers. Operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension, steep fines, and even jail.
In the state of Massachusetts, there were close to 150 people killed in alcohol-related traffic accidents in 2012. These kinds of accidents accounted for close to 50 percent of all of the traffic accident fatalities observed throughout that entire year.
The rate of alcohol impairment among drivers involved in fatal crashes in 2011 was close to 4 times higher at night than during the day. In 2011, close to 20 percent of all drivers involved in fatal crashes during the week were alcohol-impaired, compared to more than 30 percent on weekends.
The sad truth of the matter when talking about these kinds of accidents is that they're all completely preventable. It's never a good choice to hop behind the wheel of a motor vehicle after consuming alcohol -- even if it's only been one drink.
Drinking alcohol and driving simply do not go together. Alcohol affects attentiveness and one's ability to make quick decisions on the road, react to changes in the environment and execute specific, often difficult maneuvers behind the wheel. When drinking alcohol, driving becomes dangerous - and is potentially lethal!
It's important to remember that Buzzed Driving is Drunk Driving, too. Though this campaign from the National Highway Traffic Safety Administration (NHTSA), officials are asking you to take the pledge -- to make sure you always make responsible choices that don't endanger you and/or others.
This is especially targeted toward the younger drivers (those between the ages of 21 and 24). They're the group of drivers who had the highest percentage of drivers involved in fatal accidents with a BAC of .08 or higher.
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NYT Bits: Using E-Mail Data to Connect the Dots of Your Life
NYT Bits: Using E-Mail Data to Connect the Dots of Your Life by Brian X. Chen, halfway in:
[...] Read more!
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