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The Equal Rights Amendment: Time to Ensure Equality for Women

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Here is the link to my article on the Equal Rights Amendment to the United States Constitution: https://www.linkedin.com/pulse/equal-rights-amendment-time-has-come-ensure-womens-equality-levin/?published=t The time has come to ratify to the ERA. Lori G. Levin Attorney at Law 180 N. LaSalle #3700 Chicago, IL 60601 312-767-2356 levin@lorilevinlaw.com www.lorilevinlaw.com  

Case o' The Week: On Dueling Epidemics - Garrison and Brady / Giglio Violations

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  What happens when the epidemic of opioid addiction meets the epidemic of  Bradyviolations?United States v. Garrison, 2018 WL 1938523 (9thCir. Apr. 25, 2018), decision available here.Players: Decision by Judge Gould, joined by Judges Murguia and Chief District Judge Christensen.Facts: Garrison was a physician’s assistant. Id. at *1. His clinic used “patient recruiters” to bring in homeless people and generate OxyContin. Id. at *2. “Patients” were relieved of pills, and the Oxy sold illegally. Id.   Garrison went to trial with others charged with a conspiracy to illegally distribute drugs. Id. “Before and during trial, the government made grave mistakes in its prosecution of the case by repeatedly failing to timely disclose information to the defense, as was required by law.” Id. at *3. For example, two government cooperators helped a third witness fabricate a false medical report and submit it to a probation officer and…

First ripple of Dimaya disruptions appears in SCOTUS relists

"Why Bill Cosby may not spend any time in prison"

Zimbabwe becomes second country in Africa to legalize medical marijuana

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As reported in this article, headlined "Zimbabwe legalises marijuana for medicinal use: Decision is a step away from the country's traditionally tough stance on drugs," a notable nation on a notable continent is the latest to join the ranks of marijuana reformers: Zimbabwe has made it legal to produce marijuana...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/1n9SYpUS1zI" height="1" width="1" alt=""/>

Repeat DUI: Understanding the Law and Your Options

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When you or a loved one has had a previous DUI arrest, a subsequent DUI arrest is a serious matter. The penalties for repeat DUI are so harsh that you will want to do everything in your power to avoid a conviction and to minimize the loss of driving privileges. Illinois Definition of a Repeat DUI Offender The first thing you need to understand is how Illinois differentiates a first-time DUI offender from a repeat offender. A first-time offender is a driver who meets all of the following conditions: Has not received a statutory summary suspension in the past five years. A statutory summary suspension is imposed on anyone who is arrested on suspicion of DUI and who either refuses to submit to chemical testing for intoxication (e.g., a breathalyzer or blood test) or fails the testing (that is, tests over the legal limit for alcohol, marijuana, or another intoxicant). Has never been convicted of DUI or assigned court supervision for DUI in Illinois. Has not been convicted of…

Augusto Álvarez Rodrich en los meandros de la locura y la mermelada.

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https://larepublica.pe/politica/1234328-educacion-sentimental-salvaje El descerebrado columnista con este artículo de los muchos que inundan los medios  y las redes sociales cada vez que suceden hechos tan monstruosos como el prender fuego a una persona porqué no aceptó su interés por ella y no es la primera vez que ocurre, en San Martín  el año pasado, si mal no recuerdo, asistimos a un acto demencial parecido pero peor en sus consecuencias,  terminó con la muerte de la víctima y del agresor con posterioridad, nos proyecta como una sociedad SALVAJE en la que ni siquiera en la Escuela se enseña que no se debe pegar a las mujercitas y que la violencia no es el medio para resolver las diferencias, es decir, para un idiota como Álvarez Rodrich,  somos una sociedad en franco retroceso, involucionamos al punto que, para este imbécil, sino introducimos la igualdad de género, sea…

Deducting False Claims Act Damages

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Dear Readers:Among the nuggets contained in the recent Tax Bill passed by Congress is a provision that will have a tremendous impact on how damages in False Claims Act ("FCA") settlements must be characterized in the settlement documents if a defendant seeks to deduct any portion of its payment on its taxes.As many of you have experienced, FCA settlements usually just list a settlement amount for the defendant to pay and normally do not attribute which portion constitutes damages and penalties. In fact, among the many provisions that the government insists on including in an FCA settlement, the government usually includes a provision stating that "nothing" in the FCA settlement "constitutes an agreement by the United States concerning the characterization of the Settlement Amount for purposes of the Internal Revenue laws, Title 26 of the United States Code." Stated simply, the government previously did not comment on whether the defendant…

‘South Korea should lead abolition of death penalty in Asia-Pacific’

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Source: The Korea Herald (27 April 2018)http://www.koreaherald.com/view.php?ud=20180427000573South Korea has an unprecedented record when it comes to the death penalty, allowing a political prisoner on death row to become its president.Late President Kim Dae-jung, who was in office from 1998 to 2003, was sentenced to death in 1980, on treason charges.With a campaign by the international community and human rights organizations, including Amnesty International, Kim was able to leave the country for the United States two years later. The last execution in Korea took place in 1997 and while the country still has the death penalty, it has been categorized as abolitionist in practice.Now, South Korea should take the next step to abolish its death penalty and lead the human rights movement said Chiara Sangiorgio, the advisor on the abolition of the death penalty at the International Secretariat of Amnesty International, in an interview with The Korea Herald on Tuesday. “South…

Stop the Train! An Epic Indigent Defense Fail in Travis County, execution scheduled without hearing on snitch recantation, new music from Just Liberty's decarceration campaign, and other stories

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Here's the latest episode of the Reasonably Suspicious podcast for April 2018. You can subscribe on iTunes, Google Play, or SoundCloud., or listen to it here:In this episode, we discussed:Top StoriesTravis County indigent defense system producing terrible outcomes. Texas Supreme Court to consider whether prosecutors can be fired for refusing to break the law. Listen to Just Liberty's new anti-incarceration/prison-closure jingle!  (~9:00 mark.)Death and TexasJuan Castillo may be executed next month but courts haven't considered informant recantation. Fill in the BlankLitigation in Galveston County made national press after a judge refused to pay for defense-attorney investigation in misdemeanor case. Two Tarrant County cases show how politicized elections-based criminal prosecutions can be. Former Congressman Sylvestre Reyes authored a clueless column on Texas and the opiod crisis.The Last HurrahHouston limits zoning for offender…

PEDRO SALGUERO - ALCALDE AUCALLAMA Y EL "PERRO MUERTO"

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No comulgo con el Congresista Becerril es un individuo despreciable, pero no puedo permanecer ajeno al "Reportaje" de Panorama  (29-04-2018) sobre una deuda que la Municipalidad de Aucallama tiene con una empresa de la  que supuestamente es co - propietario uno de sus hermanos. El Alcalde y los funcionarios entrevistados NO han negado la misma ni mencionado que el pedido de instrumental  haya sido defectuoso, se hayan adulterado los precios y alguna otra viveza de parte del proveedor. El instrumental viene siendo usado en la Poste Médica delo Distrito de Aucallama de la Provincia de Huaral del Departamento de Lima, salvo que exista otro Aucallama en Trujillo o Chiclayo. El Concejo se endeudó por Trescientos mil soles el año 2014, pero Pedro Salguero actualmente dice que la deuda es impagable ascendiendo a los Dos millones de Soles. Lo dice después de CUATRO AÑOS y utiliza un argumento espurio para NO pagar, el…

What is the Statute of Limitations for Theft ...

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Theft is a common offense.  Many people might have gotten away with shoplifting or another small theft crime in their distant past – or recent past.  In many cases, theft goes unpunished, but thousands of other cases each year are prosecuted and lead to serious penalties like criminal fines and jail time.  If you or a loved one committed a theft offense, it may only be a matter of time before the authorities catch up with you and arrest you for the offense.  However, police only have a limited amount of time to arrest and charge you with a theft offense.  Our Ventura theft defense lawyers at The Law Offices of Bamieh and Erickson explain what the statute of limitations is for theft in California, and how long the government has to bring charges against you. What is the California Statute of Limitations for Stealing? Every type of legal case has a filing deadline.  This is called the “statute of limitations,” because it is part of…

¿EL PERÚ SE EXTINGUE EL 2021?

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A raíz del proyecto “Mulder”, por el cual quienes sean candidatos a la Presidencia de la República en representación del Partido Político al que representan, deben por lo menos tener tres años como miembros (activos, agrego) del mismo y naturalmente ser elegido por el voto mayoritario de sus pares, se ha expuesto como razón principal para oponerse al proyecto que, lo que se pretende es cerrar las puertas a la renovación de los políticos, los mismos que durante DOSCIENTOS años han sumido y mantenido en la miseria y el olvido a la mayoría de pobres que, son, paradójicamente, los que los han elegido. A saber por el “reclamo popular”, medio trucho diría, dada la constante autoflagelación del pueblo cada cinco años, los medios se han lanzado contra la probable reforma que, como ingrediente adicional pero no menos importante, es el requisito de las firmas…

Stevenson & Najdowski on Criminal Juries

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Margaret Stevenson and Cynthia Najdowski (University of Evansville and University at Albany, State University of New York) have posted Criminal Juries in the 21st Century: A Case-Study Introduction to Contemporary Issues on SSRN. Here is the abstract: In this introductory...

THE THREAT OF THE QUICKIE KNEE=JERK REACTION TO MURDER IN THE MASSACHUSETS CRIMINAL JUSTICE SYSTEM (Part 3 of 3)

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  In the Cape Cod Times, the call that the criminal justice system’s “softness and weak” is to blame for the murder of the Yarmouth police office Sean Gannon. In the words of Rodney Collins, Mashpee town manager: The tragedy of Officer Gannon is another indictment of the Massachusetts criminal justice system, which is overly soft and weak. Gov. Baker and state legislators can express sympathy and sorrow for this shocking loss; however, what they really need to do is act on criminal justice reform that will keep violent offenders from preying upon a civilized society. Call it the “Gannon bill” and make a real difference! We had been discussing this topic on my postings of April 13, April 19  and April 20th. Feel free to review them. Now, lets tie this issue up. Attorney Sam’s Take On Half-Thought-Through-Thinking When we left off, I had brought up the topic of plea bargains. While the topic is certainly relevant to this immediate…

Monday Open Thread

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I'm reading the news but not finding much to write about. I'm beyond sick of Donald Trump. Here's a new open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

WARRANTLESS SEARCH OF HOME ON MISDEMEANOR DUI INVESTIGATION

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Last week I discuss a hypothetical, but realistic, scenario where our driver, Dave, hit a neighbor’s car on the way home after enjoying an afternoon barbeque with friends. Dave had had a few beers so he worried that if he stopped and reported the accident, he might also end up with a DUI.I wouldn’t advise anyone to do what Dave did, but he decided to drive home and avoid the consequences. Unfortunately for Dave, his neighbor, Millicent, witnessed Dave backing up and driving off after he hit the car. When she saw the damage done to the car and believing she recognized Dave as the culprit, she called the police. When the police arrive, Dave runs upstairs and his wife answered the door. She denied any knowledge of the accident even though there was damage to their car now parked in their driveway that was consistent with the neighbor’s report. Dave’s wife even went so far in her attempts to protect her husband to say that she had just brought the car home…

THE INNOCENT WHO ARE CONVICTED ON SO-CALLED EXPERT TESTIMONY

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Imagine being charged, convicted, and serving years in prison for a crime you did not commit. As I have documented, this happens more than anyone cares to think about. With the advent of DNA evidence analysis, hundreds of individuals have been freed from prison based on DNA testing that proved their innocence; some of these exonerated individuals were on death row. How many people have been executed over the years for a crime they did not commit? We don’t know, but it is certainly more than a few. Some may argue that in an imperfect system, it is better to occasionally make the mistake of convicting an innocent person than to let the guilty go free. I challenge anyone with that perspective to honestly consider whether they would still believe that if the wrongly convicted innocent person was themselves or a member of their family. (And, besides if you convict an innocent person, then the actual perpetrator IS allowed to go free.) DNA exonerations aside, what about persons…

SCOTUS Takes Method of Execution Case

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Methods of execution are back on the docket of the U.S. Supreme Court.  This time the claim involves a generally valid method which the murderer claims would be cruel as applied to him because of his rare medical condition.  Here is what the person now claiming that pentobarbital is cruel did to four other people, according to the federal court of appeals' panel opinion:In March 2006, Bucklew stole a car; armed himself with pistols, handcuffs, and a roll of duct tape; and followed his former girlfriend, Stephanie Ray, to the home of Michael Sanders, where she was living. Bucklew knocked and entered the trailer with a pistol in each hand when Sanders's son opened the door. Sanders took the children to the back room and grabbed a shotgun. Bucklew began shooting. Two bullets struck Sanders, one piercing his chest. Bucklew fired at Sanders's six-year-old son, but missed. As Sanders bled to death, Bucklew struck Ray in the face with a pistol, handcuffed Ray,…

Bennett on Federal Sentencing

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Mark W. Bennett (U.S. District Court (Northern District of Iowa)) has posted Addicted to Incarceration: A Federal Judge Reveals Shocking Truths About Federal Sentencing and Fleeting Hopes for Reform on SSRN. Here is the abstract: A federal district judge who...
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