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Wednesday Open Thread

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The Bill Cosby case has gone to the jury. Time for a new open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Does the new Medical Cannabis Research Act now have a real shot at becoming law?

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The question in the title of this post is prompted by this notable new Bloomberg article headlined "Medical Marijuana Bill Gains Backing of Key Republican in House." Here are the interesting details from the piece: House Judiciary Chairman Bob Goodlatte has agreed to co-sponsor a Florida Republican’s bipartisan bill to...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/QwDj-Kn1E2I" height="1" width="1" alt=""/>

Ristroph on Philosophy, Law, and Procedure

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Alice Ristroph (Brooklyn Law School) has posted The Thin Blue Line from Crime to Punishment (Journal of Criminal Law and Criminology, Vol. 108, p. 305, 2018) on SSRN. Here is the abstract: Criminal law scholarship is marked by a sharp...

Reform of the Armed Robbery Sentencing Guidelines in Chicago

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It is one thing to formulate a law, it is another thing to interpret, understand and execute that law. Over the past few years, various arms of the justice system have been at the forefront of ensuring that all instituted laws are not only comprehensive but also effective when it comes to fighting crime. In this case, law reforms have become a central pillar towards formulating laws that are humane as well as tough enough to dissuade people from committing crimes. The push to institute tough measures towards countering crime is one that the administration in Chicago values a lot. For instance, the reforms on the armed robbery guidelines have been revamped to curb the ever rising armed robbery cases, especially in the past decade. The armed robbery guidelines in Chicago are enshrined within the Illinois Criminal Code of 1961. The code defines an act of armed robbery as one where the perpetrator is armed with a dangerous weapon during robbery. In addition to being a Class X…

INTERNATIONAL EXTRADITION CONFERENCE 2018

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Continued Topics of Learning in International Extradition The critically evolving field of international extradition will be discussed in detail at an advanced seminar in Lake Iseo, Italy on June 25-26, 2018.  The title of the seminar this year is International Extradition and the European Arrest Warrant and is put on by The Extradition Lawyers Association in conjunction with ECCLE and is a follow-up to last August’s successful presentation at Oxford.  This is a small community of legal specialists and academics interested in the field.  Last year’s conference attendance was only 18, an indication of how few legal professionals are invested in servicing clients in need of extradition defense or support. According to the planned program, “Seminars will be conducted through an innovative learning-by-doing style, which encourages group discussions and simulations of extradition and EAW proceedings.  Seminars will also include the sharing of…

Cato: Pretextual Stops and the General Warrant: Stopping the March of the Whren Doctrine

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Cato: Pretextual Stops and the General Warrant: Stopping the March of the Whren Doctrine by Jay Schweikert: The specific language of the Fourth Amendment was largely a product of the colonists’ experience with the noxious institution of the general warrant. … Continue reading →

Idaho Self Defense Law Clarified – Stand Your Ground

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Idaho’s law protecting a person acting in self-defense gets clarified by the passage of Senate Bill 1313 – which goes into effect July 1st. The real impact is to consolidate and codify existing law to clearly protect the inherent right of a person to defend themselves and others. Idaho law permits a law-abiding citizen to stand their ground and protect themselves and families anywhere they have a right to be. SB 1313 also protects the right of a person to defend against intruders who enter the defender’s home or business unlawfully or by force, without having to demonstrate that he or she reasonably feared the intruder was about to cause death or great bodily harm. The entry by unlawful force establishes that the defender’s fear of serious injury was reasonable, so the use of self-defense was likewise reasonable. There is a lot of debate about restrictions on gun ownership and use across the land, but Idaho remains committed to the notion that…

Compassionate Release of Sick or Elderly Utah Inmates

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According to the Federal Bureau of Prisons, as of March 24, 2018 at least 4,779 inmates incarcerated nationwide were older than 65 years old. Another 5,432 were between the ages of 61 and 65. As the prison population ages, many inmates begin to need increased care related to age or illness. Many states including Utah […]

Update: Injury Crash blocking lanes northbound US91 at milepost 3.8, near Preston

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 04/25/2018 5:06 p.m. Please direct questions to the District Office *****UPDATE***** All lanes of travel are now open. More information will be released as it becomes available. 3683/4055 *****END OF UPDATE***** The Idaho State Police is investigating a two vehicle injury crash on US91 at milepost 3.8, near Preston. Currently one southbound lane is open for traffic. One southbound lane and both northbound lanes are blocked for the crash. 3490 -------------

Final Update: Fatality crash northbound US91 at milepost 3.8, near Preston

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 04/25/2018 6:08 p.m. Please direct questions to the District Office *****FINAL UPDATE***** On Wednesday, April 25, 2018 at approximately 12:46 p.m., Idaho State Police investigated a two-vehicle, fatality crash northbound US91 at Cub River Road, 3 miles south of Preston. L. Max Richards, 83, of Franklin was southbound on US91 in a 1999 Jeep Grand Cherokee. Phyllis Richards, 80, of Franklin was a passenger in the Jeep. Charley Sistrunk, 67, of Preston, was northbound on US91 in a 2011 Ford Edge. Debra Sistrunk, 62, of Preston, William Wilson, of Georgetown, KY, and Elijah Wall, 19, of Vine Grove, KY were passengers in the Ford. Richards started to make a left turn onto…

PAGV

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Nothing surprises us anymore.Judges in Broward throw fits from the bench.POTUS is best friends with the French.And now, in a shocking missive, our intrepid State Attorney has written to us to let us know she is against gun violence! (Prosecutors Against Gun Violence- PAGV). Dear Rumpole by Anonymous PbHV4H on Scribd We did not know this. But are pleased with our State Attorney's  position in this matter. From Occupied America, where we are proud to announce we are against traffic accidents and identity theft, Fight The Power!Site Feed

Michael Cohen to Invoke 5th Am. in Stormy Daniels Case

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Trump attorney Michael Cohen has asked the judge presiding over Stormy Daniels civil lawsuit to stay proceedings in the case because he is the subject of a criminal investigation by the FBI and Southern District of New York, as he would invoke his... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

When May the District Attorney be Taken Off the Case?

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North Carolina is divided into 44 prosecutorial districts. Each is headed by an elected district attorney or, the case of a mid-term vacancy, a district attorney appointed by the governor. District attorneys are constitutionally and statutorily charged with prosecuting criminal actions in their districts. Each district attorney employs a number of assistant district attorneys who assist in carrying out this work. A district attorney may even, as Jonathan discussed in this earlier post, employ a private attorney to assist with prosecution. When a district attorney identifies a conflict of interest associated with his or her prosecution of a case, the district attorney may seek assistance with the prosecution from another prosecutorial district, the Attorney General’s Special Prosecution Division, the Administrative Office of the Courts, or the Conference of District Attorneys. Sometimes, however, the district attorney decides to proceed with prosecuting a case…

Commercial Driver’s DUI: What Does This Mean for My Career? 

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Being a commercial driver comes with it’s own set of responsibilities. You are supposed to be the smartest, safest, most agile drivers on the road. And typically, you are. Driving a vehicle that’s more than twice the size of a passenger vehicle— tractor trailer drivers are practically modern- day superheroes. However, in the event that you might be drinking and driving, a Commercial Driver’s DUI has some pretty serious consequences. These large, potentially dangerous vehicles demand safe, alert drivers. As do the companies that hire you. So, in the event of a DUI, the punishment is pretty severe. Commercial Driver’s DUI: What Does This Mean for My Career? A First-Offense Equals Suspended CDL The DMV will suspend a CDL when commercial drivers commit a major offense. These major offenses include DUIs, drug offenses, refusing a BAC, hit and runs, and using a commercial vehicle for a felony. A first offense suspends a CDL for a year.…

Federal Court Rules

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It's springtime, and we all know what blooms in the Spring.  That's right, amendments to the rules of procedure for federal courts.The odd system for these rules is that the Judicial Conference recommends them to the Supreme Court, the Court adopts them (as recommended or with its own alterations) tentatively by sending them to Congress before May 1, and if Congress does nothing by December 1 they take effect.The amendments are on the Supreme Court's order page.The amendment to Rule 41 of the Appellate Rules is noteworthy.  It addresses abusive delay in issuing the mandate.  The Judicial Conference explains:The proposed amendments to Rule 41 (Mandate: Contents; Issuance and Effective Date; Stay) would revise subdivision (b) to clarify that an order is required for a stay of the mandate - the court of appeals cannot delay issuance of the mandate by mere inaction. It would also renumber subdivision (d)(2)(B) to subdivision (d)(2), and would address a…

DIEGO MACERA Y EL COSTO DE LA POBREZA

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José Guillermo Anderson Hace un momento ·  https://elcomercio.pe/…/pobreza-enaho-inei-cantada-diego-ma… "Finalmente, la cuarta variable –y esta directamente no relacionada con las anteriores– es el nivel de pobreza ya alcanzado. Mientras menos pobreza haya, es más difícil reducir los puntos adicionales. En otras palabras, reducir la pobreza de 50% a 49% resultará menos costoso que hacerlo de 20% a 19%. Esa dificultad, sin embargo, no explica que la tendencia de los últimos 14 años se haya interrumpido. La presencia del fenómeno de El Niño costero tampoco es justificación: con excepción de Lambayeque, en ninguna otra región de la costa norte la pobreza subió más que el promedio nacional." QUE PIENSO Si los pronósticos de los economistas no son confiables, no veo porqué deben ser confiables por lo…

Jefferson County DUI and DWAI cases in Golden, Colorado

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DUI and DWAI cases in Jefferson County, just like any other county in Colorado, must be supported by the evidence.  If the case proceeds to trial, the district attorney must prove the case beyond a reasonable doubt.  There must be a legal and valid reason for the initial contact.  This is typically the result of some alleged traffic infraction.  Thereafter a driver is stopped and contacted by the police.  Less frequently, a driver may be contacted from a “consensual encounter” or a roadblock.  SFST roadside maneuvers may be conducted, including a PBT portable breath test.  A driver doesn’t have to do roadside tests or a portable breath test.  They’re all voluntary tests, thus it’s typically a good idea to not do any of them (why give the cops anything that they will try to use against you later? -no reason to.)  A potentially admissible chemical test of the driver’s blood or breath typically…

"Marijuana Edibles and 'Gummy Bears'"

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The title of this post is the title of this notable and timely new paper authored by Paul Larkin now available via SSRN. Here is its abstract: Contemporary American society has decided that, whatever may be the benefits and harms of liberalizing marijuana use by adults, we should continue to...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/jO_mc93mYzo" height="1" width="1" alt=""/>

Ice Cools Down New York City Street Vendors

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U.S. Immigration and Customs Enforcement have stepped up arrests of people with no criminal backgrounds according to a report released recently. The figures reflect the current administration’s commitment to throw out a wider net and worry less about who may be captured. Community Projects as Social Activism, by Benjamin Shepard, says ICE reported  65% of arrests between October and December were criminals. Arrests of criminals jumped 14% to over 25,000 from 22,000 while arrests of non-criminals tripled to more than 13,000 from under 5,000. Deportations went up compared to the final full three months of the Obama administration as well. There was over 39,000 deportation between October and December 2017. Those figures reflect an increase of 43% from Obama to Trump. The current administration claims people with criminal records are a priority, but no one is immune. Individuals with longstanding ties to the country were permitted to stay under the Obama administration…

Michigan proposal for full legalization of marijuana officially approved for Nov 2018 vote

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As reported in this local article, headlined "Michigan approves marijuana legalization vote for November," the Wolverine State is now positioned to be the latest political battleground for the debate over recreational marijuana reform. Here are the details: The battle to free the weed officially started Thursday when the State Board...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/8fVp4VQ_TWg" height="1" width="1" alt=""/>
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