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Texas Revenge Porn Law is Found to Violate the First Amendment

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Revenge porn has made headlines in recent years. It’s the practice of posting nude or semi-nude pictures of a former partner on the internet without his or her permission. Texas has criminalized the practice. However, a court has struck down the Texas revenge porn law for being too broad and in violation of the First Amendment. The law was enacted in 2015 after its author, Sen. Sylvia Garcia, D-Houston warned the “very disturbing internet trend” of posting revealing pictures of ex-partners was occurring in Texas, reported the Texas Tribune. Under the law, it is a misdemeanor offense to post a previous partner’s nude or semi-nude photographs. The offense carries a sentence of up to a year in jail and a $4,000 fine. However, the 12th Court of Appeals sitting in Tyler ruled the Texas law is unconstitutional and its content restrictions are overly broad and infringe on free speech. Chief Justice James Worthen wrote that the First Amendment usually prohibits…

Criminal law/procedure cert grants

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Issue summaries are from ScotusBlog, which also links to papers: United States v. Stitt: Whether burglary of a nonpermanent or mobile structure that is adapted or used for overnight accommodation can qualify as “burglary” under the Armed Career Criminal Act...

Maryland Legislature Passes Bill to Make Individuals Who Accepted Guilty Pleas Eligible for Post-Conviction Relief

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Last week, the Maryland legislature voted unanimously to pass Senate Bill 423, which would allow individuals who were convicted by way of a guilty plea, Alford plea or plea of nolo contendere (no contest) to file a writ of actual innocence or petition to test newly discovered DNA evidence. The bill was proposed after two Maryland Court of Appeals decisions—Yonga v. State (2015) and Jamison v. State (2016)—determined that individuals who accepted guilty pleas were no longer eligible to petition for a writ of actual innocence or for the testing of newly discovered DNA evidence. Supporters of the bill, which was sponsored by Democratic State Senator Bobby Zirkin, reasoned that innocent people often plead guilty to crimes they do not commit. “The bottom line is, if you’re innocent, you should not be in prison,” Zirkin told Capital News Service. “There are times when individuals plea to things that they may not have done because it’s the…

Former "DUI Expert" Sues the Arizona Department of Safety After They Forced Him Out of His Job for Telling the Truth

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Former Department of Public Safety Forensic Scientist ("DUI Expert") Greg Ohlson has filed a civil lawsuit in the United States District Court against the Arizona Department of Public Safety ("DPS") for violating his First Amendment Rights by retaliating against him for testifying negatively about DPS testing and disclosure policies and procedures in DUI cases. Mr. Ohlson worked in the Toxicology Department in the Scientific Analysis Bureau at DPS from 2004 until 2016 and testified in hundreds of DUI trials and evidentiary hearings on behalf of the prosecution as their "DUI expert" witness. According to recent news reports, in 2015, Ohlson was in charge of blood tests for DPS DUI cases and would test dozens of blood samples that would make up a single batch. The lawsuit alleges that it was DPS' policy not to allow defense attorneys to access the entire batch results through the discovery process, reasoning it would take too much time. Over the…

Simian Selfie Update -- 2018

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Here is an update, possibly the last, on this very off-topic topic.For those who are not familiar with the story, see this post from January 2016 and the earlier posts linked there. PETA actually appealed the decision discussed in the previous post.  The Ninth Circuit decided the appeal today.  I doubt any reader of this blog will be surprised to learn they affirmed.  Judge Carlos Bea wrote the opinion, joined in full by District Judge Eduardo Robreno, sitting by designation.  Judge Randy Smith concurred in part and in the judgment.Here are some excerpts:We gravely doubt that PETA can validly assert "next friend" status to represent claims made for the monkey both (1) because PETA has failed to allege any facts to establish the required significant relationship between a next friend and a real party in interest and (2) because an animal cannot be represented, under our laws, by a "next friend."The majority also notes in a long…

Goodwin on Embryos and Fetuses

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Michele Goodwin (University of California, Irvine School of Law) has posted If Embryos and Fetuses Have Rights (Law & Ethics of Human Rights, Vol. 11, No, 2, 2017, pp.189-224) on SSRN. Here is the abstract: What exactly does it mean...

“CRIME OF VIOLENCE” STATUTE IS VOID FOR VAGUENESS SAYS THE U.S. SUPREME COURT

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A person who is not a citizen of the United States—even one who is legally residing in this country—can be permanently deported if he or she has committed certain crimes. I discussed thisin greater detail last year. Immigration law is administered by the federal government but most often, a person is deported because he or she was convicted of a criminal act under state statute. While some of the federally enumerated deportable offenses are unambiguous and are consistent across states, such as assaultor kidnapping, other crimes may be punished differently in different states.  Among the crimes for which a person may be deported under federal law are “aggravated felonies.” An “aggravated felony” is a “crime of violence” for which the punishment is one year or more. But what is a “crime of violence?” Under federal statute a felony that “by its nature, involves a substantial risk that physical force against the…

CAN YOU DODGE A DUI IF THE POLICE DON’T ACTUALLY WITNESS YOU DRIVING?

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After an afternoon barbeque party, Dave gets in his car and heads home.  As he turns the corner on his street, he hits the side of a car parked on the corner. Dave had more than a few beers at the party and he figures that if he sticks around, he stands a good chance of getting a DUI. So, Dave quickly backs up, and speeds down the street to his home where he parks his car in the driveway and runs inside. His neighbor Millicent heard the collision and peeked through her front window. She saw Dave backing up and thought she recognized him (and his car) as a neighbor down the street. When she sees the damage to the parked car, she calls the police and reports the incident. She tells the dispatcher that she believes the driver of the car was a neighbor who lives down her street and she describes the neighbor’s car. The police arrive and spot the car described by the neighbor parked in Dave’s driveway. They feel the hood of the parked car and find that it is still…

W.D.Ky.: Drug dog sticking his nose into defendant’s car was instinctual and wasn’t caused by the police

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A drug dog sticking his nose into defendant’s car was instinctual and wasn’t caused by the police, following United States v. Sharp, 689 F.3d 616 (6th Cir. 2012). United States v. Miles, 2018 U.S. Dist. LEXIS 66899 (W.D. Ky. Apr. … Continue reading →

NE: A motion in limine is not a substitute for a motion to suppress

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“A suppression hearing is preparatory, because it relates to auxiliary issues not immediately relevant to the question of guilt and is held in anticipation of certain evidence being introduced at a forthcoming trial.” A motion in limine is not a … Continue reading →

How a Bill Becomes Law in Canada

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Most every aspect of our lives has been touched on and considered in some way by our lawmakers. In Canada, our elected Members of Parliament are responsible for the creation, abolishment and reversion of existing laws. All our laws begin as a bill. There are three types of bills: Government […] The post How a Bill Becomes Law in Canada appeared first on Joshua Rogala | Winnipeg Criminal Defence Lawyer .

Demleitner on Sex Offenders

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Nora V. Demleitner (Washington and Lee University) has posted Structuring Relief for Sex Offenders from Registration and Notification Requirements: Learning from Foreign Jurisdictions and from the Model Penal Code: Sentencing (Federal Sentencing Reporter, Vol. 30, 2018) on SSRN. Here is...

Why You Need a Criminal Defense Attorney for Traffic Offenses

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You are headed down the road, maybe on your way to or from work or school, and suddenly you see red lights in your rear-view mirror. In some cases, you know what you are being pulled over for. You may have knowingly committed a traffic offense, such as going several miles above the speed limit or racing to get through a traffic signal. In other cases you may not have been aware of doing anything wrong, but you end up with a traffic ticket nonetheless. While you may be upset about the fine or think the citation is unfair, you have what you consider two choices: pay the ticket or risk the consequences. Actually, there is a third and far more practical option, which is to contact a criminal defense attorney to fight your ticket in court. Penalties for Traffic Offenses in San Jose It is easy to get a traffic ticket when driving through San Jose or exploring the surrounding areas. If you do get one locally, it will likely be handled through the Santa Clara County Court Traffic…

What are the Consequences of a Second-Offense DUI in Pennsylvania?

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By now you might have read the story of Tasha Lynn Schleicher, whom police have described as “one of the worst DUI offenders in the United States.” Earlier this month, Schleicher, of Minnesota, was arrested for drunk driving in the town of Riverside, Illinois, ABC News reported. When police looked into her background, they discovered she had been arrested for DUI six previous times in six different states. And while six different DUI arrests are pretty extreme, courts don’t look kindly on anyone who commits a DUI offense more than once. That’s why when it comes to a second-offense DUI, Pennsylvania – and many other states – often impose much harsher penalties than what a first-time offender could expect. Prison Terms There’s no minimum jail time required for first-time DUI offenders in Pennsylvania, while a second offense can have defendants locked up for anywhere from five days to six months. Fines and Penalties For a second-offense…

Difficulties Divorcing a Narcissist

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Difficulties Divorcing a Narcissist As American writer Jonathan Franzen wrote, “nice people don’t necessarily fall in love with nice people.” If you have been married to a narcissist for any length of time, you are probably painfully aware of this fact. Although almost all of us exhibit narcissistic qualities from time to time, full-blown narcissistic personality disorder is believed to affect about 8 percent of men in American and about 5 percent of women. And if you think it is tough being married to a narcissist, you better put on your crash helmet if you are thinking of divorcing one. In fact, divorcing a narcissist can be so difficult, there is an entire book written about extricating yourself from a narcissistic relationship. Karyl McBride wrote “Will I Ever Be Free of You? How to Navigate a High-Conflict Divorce from a Narcissist and Heal Your Family.”   What Is a Narcissist?   According to McBride, many people…

Appeal Court Says Judges Cannot Avoid Determinations of Grave Risk of Harm in Hague Convention Cases

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The Ontario Court of Appeal recently reversed a Hague Convention order that a mother from England must return to England with her two children, failing which her British husband would have custody of their children. (Zafar v. Saiyid (2018) ONCA 352) As is becoming typical in Hague cases, the mother and her two young children who had Canadian citizenship,travelled to Canada for a summer holiday, with the permission of her spouse, and the intention of returning to England by a prescribed date. On August 23, the mother advised the children’s father that their marriage was over and that she would remain in Ontario with the children. He promptly filed a Hague Convention application seeking the return of the children. At the court hearing the mother conceded that the children’s habitual residence was England, which is the primary question when a Hague application is brought. The law is very clear that children must be returned to their habitual residence where the…

U.S. Supreme Court Rules 5-4 that the Alien Tort Statute Cannot Be Used To Sue Foreign Corporations

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In a 5-4 ruling, the U.S. Supreme Court ruled today that the Alien Tort Statute cannot be used to sue foreign corporations. With Justice Kennedy writing for the majority, the Court affirmed the Second Circuit’s decision to dismiss a lawsuit against Arab Bank PLC, a Jordanian financial institution with a New York branch. The litigants claimed that the bank had facilitated transactions that had benefited terrorists that had committed attacks in Israel and the Palestinian territories. Kennedy was joined in his opinion by the four other conservative justices on the Court. Ensconced in the Judiciary Act of 1789, the ATS reads: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” Kennedy notes that the ATS was relatively obscure and only enacted sparingly over its first 190 years; after the horrors of World War II and the ensuing…

**Further Update**Fatality Crash Ramsey Road/ Golf Course Road, Coeur d'Alene

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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: <04/24/18 01:30 PM> Please direct questions to the District Office **Update** Clarification: Idaho State Police has confirmed that Casey Mitchell did not die from traumatic injuries related to the crash, but succumbed to medical issues. This is not being considered a fatality crash. **Update** Casey Mitchell, 22, of Coeur d'Alene passed away from injuries on 4/17/2018. ************ On April 15, 2018 at 8:03 pm the Idaho State Police investigated a two vehicle injury crash on Ramsey Road at Golf Course Road in Coeur d'Alene. Annette R. Mitchell, 49, of Coeur d'Alene was southbound on Ramsey in a black 2017 Nissan Murano, transporting a…

What will your personal injury lawyer do?

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Think about it this way: if you were injured in an accident would you consider treating yourself or would you seek outside medical attention? If your car was damaged, would you fix the car yourself? Do you have an economics degree to precisely argue with an insurance company about missed wages and other pecuniary losses? Are you an expert in reconstructing an accident scene? Are you a claims adjuster that can determine if an an insurance company is truthful when they, “that’s the best we can offer to you”? Why you hire a personal injury lawyer Unless you can answer yes to all those questions, you may need to consider retaining a personal injury attorney to ensure that all necessary steps occur for you to receive a fair and equitable settlement or recovery. A lawyer serves as not just your legal representative, but also as a coordinator for all the experts and specialists that are necessary to make you whole as well as a processor of all the information,…

What Religious and Racial Hatred Does to American Criminal Justice

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Hatred has become a multi-million dollar industry in America. It is a subject we have spoken to on several occasions (here and here). In fact, hate groups in this country have scoped Islam as their favorite target upon which to raise money to spread Islamophobia into every segment of our society.   In 2016, the Council on American-Islamic Relations (CAIR) issued a report, Islamophobia and its Impact in the United States: Confronting Fear, that said Islamophobic groups between 2008 and 2013 had raised $205 million to spread their hatred and fear. CAIR has identified at least 74 such groups whose political influence has produced anti-Islam bills in ten states and whose social influence has created Muslim-free businesses and armed anti-Islam demonstrations.   Expert on Islamophobia Cited in Briefs to SCOTUS   Todd Green is an Associate Professor of Religion at Luther College. This nationally recognized expert on Islamophobia has made it his mission to write and…
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