7-7-2013 Oregon:
Lawmakers are poised to overhaul how Oregon classifies thousands of sex offenders and how they get on and off a state registry.
The House approved House Bill 2549 on a 48-11...
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House OKs sex-offender registry plan
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June 28, 2013, MichiganVotes org Weekly Vote Report
7-7-2013 Michigan:
Senate Bill 221, Increase sex offender registry fees: Passed 33 to 2 in the Senate
To require individuals on the public sex offender registry to pay $50 each year, rather...
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SERIOUS STROKE VICTIM MISTAKEN AS DRUNK IS KILLED BY POLICE & A FAILING FLORIDA PRISON SYSTEM
It's not unusual for a Clearwater criminal defense attorney to learn of incidents where Tampa Bay jails provide cruel and unusual punishment. But for the victim of a stroke who committed no crime at all, his erratic driving led to his being tortured in a slow prison death because police failed to recognize the symptoms of his stroke, while later the jail failed to give proper medical attention and screening.![If the Old Guitarist from Picasso suffered a stroke in Tampa Bay, Florida would he die a slow, hard, ugly death on the blue floor of a Tampa Jail mistaken as a criminal just because the jail provides no screening and little medical treatment?]()
Picasso's Old Guitarist, 1903The stroke victim's relentless march toward doom began with a trooper from the Florida Highway Patrol and a Deputy from the Hillsborough County Sheriff's Office arresting him for obstruction after they observed erratic driving, and upon stopping the vehicle as a possible DUI, noted that he failed to obey the officers' orders. Nether officer sought medical help for the incoherent man. Once at the Orient Jail in Tampa the man not only received no medical attention upon intake but according to press reports the stroke victim:... was put in a cell where he lay facedown on the floor to crawl using the one working side of his body. On the night of May 12, soaked in his own urine, his brain choked of blood, he was at last taken to Tampa General Hospital and diagnosed with an ischemic stroke. He slipped into a coma and died...Florida prisons now share such poor standards of care that even those who have committed no crime whatsoever may be destroyed. Although the Sheriff's office should be commended for implementing new training procedures to look for signs of stroke, the Florida Highway Patrol has failed to take any measures to save someone's life in the future. Yet it was the jail's failure to medically screen the stroke victim that must be noted as the proximate cause of the man's tortured death. One wonders how much pain and suffering he endured during those thirty-six hours of neglect. Were there flashes of memory for moments, faint glimmers of human hope from long lost family picnics as a child softening some pain even as he lay dying from the callous prison system indifferent to human suffering and incapable of care? Every inmate should be screened not only for stroke, but for heart problems, infectious viruses, TB or any other problem that could harm not only the prisoner but spread within the unsanitary prison system of Tampa Bay. When the state of Florida takes custody of a person, it must accept the obligation to keep that person safe. Any one of us could have been that stroke victim. Yet Florida prisons continue to provide cruel and unusual punishment that is well below the standards of a humane society. Tampa Bay jails are over-crowded, unsafe, violent, dirty and as this case establishes places without proper medical care. Each of us must make it known that we will not stand by watching as official misconduct and neglect of our prison system causes the innocent to suffer and sometimes to die.
Picasso's Old Guitarist, 1903The stroke victim's relentless march toward doom began with a trooper from the Florida Highway Patrol and a Deputy from the Hillsborough County Sheriff's Office arresting him for obstruction after they observed erratic driving, and upon stopping the vehicle as a possible DUI, noted that he failed to obey the officers' orders. Nether officer sought medical help for the incoherent man. Once at the Orient Jail in Tampa the man not only received no medical attention upon intake but according to press reports the stroke victim:... was put in a cell where he lay facedown on the floor to crawl using the one working side of his body. On the night of May 12, soaked in his own urine, his brain choked of blood, he was at last taken to Tampa General Hospital and diagnosed with an ischemic stroke. He slipped into a coma and died...Florida prisons now share such poor standards of care that even those who have committed no crime whatsoever may be destroyed. Although the Sheriff's office should be commended for implementing new training procedures to look for signs of stroke, the Florida Highway Patrol has failed to take any measures to save someone's life in the future. Yet it was the jail's failure to medically screen the stroke victim that must be noted as the proximate cause of the man's tortured death. One wonders how much pain and suffering he endured during those thirty-six hours of neglect. Were there flashes of memory for moments, faint glimmers of human hope from long lost family picnics as a child softening some pain even as he lay dying from the callous prison system indifferent to human suffering and incapable of care? Every inmate should be screened not only for stroke, but for heart problems, infectious viruses, TB or any other problem that could harm not only the prisoner but spread within the unsanitary prison system of Tampa Bay. When the state of Florida takes custody of a person, it must accept the obligation to keep that person safe. Any one of us could have been that stroke victim. Yet Florida prisons continue to provide cruel and unusual punishment that is well below the standards of a humane society. Tampa Bay jails are over-crowded, unsafe, violent, dirty and as this case establishes places without proper medical care. Each of us must make it known that we will not stand by watching as official misconduct and neglect of our prison system causes the innocent to suffer and sometimes to die.
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Atlantic: If PRISM Is Good Policy, Why Stop With Terrorism?
Atlantic: If PRISM Is Good Policy, Why Stop With Terrorism? by Derek Khanna:
Defenders of the program say its effectiveness excuses it -- but they ignore the Fourth Amendment.
[...] Read more!
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CALIFORNIA JUDICIAL MISCONDUCT: WHY JUDGE HOWARD SHORE SHOULD BE REMOVED FROM THE BENCH
The tides are changing in San Diego. Our citizens' eyes are now wide to the abuses perpetrated by prior administrations that were recently uncovered when the voter's decided to oust the "business as usual" candidates for Mayor and elect Bob Filner. Our protesters worked so hard - and succeeded - in closing down San Onofre nuclear power plant. San Diego and national Occupiers brought to light the abuses of our system, and highlighted the pervasive police brutality that went unchecked during the Civic Center protests.
The previously apathetic and sleepy little hermitage of San Diego, run by a gastapo-like group of powerful and unethical unchecked bullies for far too long, is imploding. Now, the judicial activist judges who for so long supported the bullies in the destruction of our justice system are being targeted, too. The Emperor, as it has been said, has no clothes.
And so, my first installment of "Bullies on the Bench" is dedicated to none other than Judge Howard Shore, a man who gleefully and unlawfully has repeatedly suspended the rights of criminal defendants and figuratively burned the Constitution along the way.
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YouTube: 4th of July TN DUI Checkpoint: No DUI Check, Drug Dog Alerts, Nothing Found
YouTube: 4th of July TN DUI Checkpoint: No DUI Check, Drug Dog Alerts, Nothing Found (2.34m views in 2 days). The officer shows a remarkable lack of training in basic constitutional law.
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Six Tourists Arrested For Drug Possession In Ocean City
Law enforcement has reported that six Pennsylvania residents were recently arrested for various drug crimes in Ocean City. To call the out of state residents tourists may be a bit generous, because it seems from the police reports that the six young men and women may have been on the Eastern Shore for business purposes, as in selling the products they were arrested with. The arrest began as most drug arrests do, with a traffic stop for a seemingly harmless infraction. Upon approaching the car, the Ocean City Police officers allegedly observed the occupants acting nervous and suspicious. Thereupon, the cops ordered the occupants out of the vehicle and conducted a search. It is unclear whether the officers obtained permission to search, whether they lied about obtaining permission to search, or whether their observations gave them probable cause to detain and search. What is clear is that the driver and five passengers were all arrested for possession of marijuana and possession of LSD. Three of the occupants were charged with felony possession with intent to deliver, and one was charged with possession of a concealed dangerous weapon, a butterfly knife found on her person. The driver was also issued traffic citations including failure to wear a seatbelt, which undoubtedly was the initial cause of the traffic citation. Four of the occupants were released at the police station, and the other two were taken the Worcester County jail and released after posting a $2,500 bail.
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Stricter DUI Laws Take Effect Throughout the Country
While federal safety advocates are urging state legislators to accept a lower legal blood-alcohol level for intoxication determinations, many states were already working on their own separate measures to restrict motorist rights and boost penalties for convicted drunk drivers. ![driving.jpg]()
Many of those measures are now coming to fruition.
Our Fort Lauderdale DUI defense lawyers understand that changes in the DUI laws in Tennessee, North Dakota, Virginia and Washington state have all been making headlines in recent weeks. It's important to take note of these developments, as measures that are successfully passed in other states have the potential to gain traction here.
One of the new laws went into effect in North Dakota just days before the July 4th holiday weekend. Under the measure, those who are convicted of DUI will face double the jail time and fines than they would have previously. Repeat offenders will have to endure one year of sobriety, stopping by the local sheriff's office twice daily to submit to a breathalyzer test during their probation period.
Additionally, refusing a breathalyzer test will now result in penalties equal to what a person would receive if they had been convicted of a DUI.
This last one is important because here in Florida, refusal to submit to a breathalyzer will mean an automatic license suspension, but you won't risk jail time or any of the tougher penalties you might receive if you know you are over the legal limit.
North Dakota isn't the only one taking this step. Last year, the Tennessee legislature did the same thing and also made it mandatory for drunk drivers to submit to a blood sample if he or she kills or injures someone, has a previous DUI conviction or is traveling with a passenger under the age of 16.
Meanwhile in Virginia, repeat DUI offenders will now face a mandatory jail sentence. The previous statute allowed habitual DUI offenders in most cases to only face misdemeanor charges for alcohol-related offenses, even in situations where they had previously been convicted of seriously injuring or killing someone. So in other words, anyone convicted previously of a felony DUI will now have to be charged with felony DUI in the future if ever arrested. Think about that for a moment. We know there are enhanced penalties for those with prior convictions on all types of crimes. But let's say you commit a felony robbery at age 20 and a misdemeanor burglary at age 23, should the latter be automatically boosted to a felony simply because of your prior conviction?
Finally, Washington State also is trying to impose increased penalties for repeat offenders. The law, pending the governor's signature, would require those with a second or subsequent DUI to have interlock ignition devices installed and, like North Dakota, they would have to submit to twice-daily alcohol monitoring to ensure sobriety throughout probation.
While it's true that these measures make the prosecution's job a bit easier, it doesn't make it impossible to mount a defense. It just means you have to find a good attorney.
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Many of those measures are now coming to fruition.
Our Fort Lauderdale DUI defense lawyers understand that changes in the DUI laws in Tennessee, North Dakota, Virginia and Washington state have all been making headlines in recent weeks. It's important to take note of these developments, as measures that are successfully passed in other states have the potential to gain traction here.
One of the new laws went into effect in North Dakota just days before the July 4th holiday weekend. Under the measure, those who are convicted of DUI will face double the jail time and fines than they would have previously. Repeat offenders will have to endure one year of sobriety, stopping by the local sheriff's office twice daily to submit to a breathalyzer test during their probation period.
Additionally, refusing a breathalyzer test will now result in penalties equal to what a person would receive if they had been convicted of a DUI.
This last one is important because here in Florida, refusal to submit to a breathalyzer will mean an automatic license suspension, but you won't risk jail time or any of the tougher penalties you might receive if you know you are over the legal limit.
North Dakota isn't the only one taking this step. Last year, the Tennessee legislature did the same thing and also made it mandatory for drunk drivers to submit to a blood sample if he or she kills or injures someone, has a previous DUI conviction or is traveling with a passenger under the age of 16.
Meanwhile in Virginia, repeat DUI offenders will now face a mandatory jail sentence. The previous statute allowed habitual DUI offenders in most cases to only face misdemeanor charges for alcohol-related offenses, even in situations where they had previously been convicted of seriously injuring or killing someone. So in other words, anyone convicted previously of a felony DUI will now have to be charged with felony DUI in the future if ever arrested. Think about that for a moment. We know there are enhanced penalties for those with prior convictions on all types of crimes. But let's say you commit a felony robbery at age 20 and a misdemeanor burglary at age 23, should the latter be automatically boosted to a felony simply because of your prior conviction?
Finally, Washington State also is trying to impose increased penalties for repeat offenders. The law, pending the governor's signature, would require those with a second or subsequent DUI to have interlock ignition devices installed and, like North Dakota, they would have to submit to twice-daily alcohol monitoring to ensure sobriety throughout probation.
While it's true that these measures make the prosecution's job a bit easier, it doesn't make it impossible to mount a defense. It just means you have to find a good attorney.
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Viral Video of Tennessee DWI Checkpoint Provokes Questions
There's a video sweeping across the Internet right now, a video of a "routine" DWI checkpoint stop in Tennessee.
If you read the comments regarding this video, you'll see an interesting divide between two types of people: those who think that the Constitution is a "technicality" that exists solely to protect criminals, and those who bemoan just how far our nation has slipped from even understanding what it means to be free.
Watch this video and ask yourself: what does it mean to be free?
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Viral Video of Tennessee DWI Checkpoint Provokes Questions
There's a video sweeping across the Internet right now, a video of a "routine" DWI checkpoint stop in Tennessee.
If you read the comments regarding this video, you'll see an interesting divide between two types of people: those who think that the Constitution is a "technicality" that exists solely to protect criminals, and those who bemoan just how far our nation has slipped from even understanding what it means to be free.
Watch this video and ask yourself: what does it mean to be free?
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Yale Law Journal provides 500+ pages of summer Gideon reading
I am already way behind on my summer reading, and the June 2013 Yale Law Journal issue all but ensures I will never catch up. This issue, which can be accessed in full via this link, includes this extraordinary collection...
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Statements are deemed admisable
A Drug Possession Lawyer said that, this is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered December 15, 1988, convicting him of criminal possession of a controlled substance in the first degree, upon...
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TN - Inmates at Hardeman start bands
Original Article
Diigo Post Excerpt:
Michael Donahue wants to be put out of business, and he's trying everything in his power to make that happen. Donahue is the warden at Corrections Corporation of America's Hardeman County Correctional Center. The facility, located in Whiteville, has 1,976 medium-security beds, and Donahue wants to make sure every inmate who is released stays out of prison. "It's all about public safety," he said. Hardeman County Correctional Center has several programs...
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Intent is at the crux of this case
Defendant was charged and convicted of criminal possession with intent to distribute 6¼ grams of heroin, in violation of 21 U.S.C. § 841(a), a drug crime. The defendant appealed. On appeal, defendant attacked the sufficiency of the evidence; the admission...
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What makes an addict an addict
A post-conviction hearing was held pursuant to section 208 of the Mental Hygiene Law on defendant's denial of addiction to a narcotic drug. On 16 January 1969, defendant was examined by the jail physician. The physician executed a certificate on...
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CANADA - Member of Ontario premier's transition team faces child porn charges
Original Article
Diigo Post Excerpt:
A former Ontario deputy education minister, who was also on Premier Kathleen Wynne's transition team, was charged with child pornography offences on Monday. Benjamin Levin, 61, of Toronto, is facing five charges, including two counts of distributing child pornography and one count of making child pornography. Levin, currently a professor at the University of Toronto, was arrested Monday after police executed a search warrant at his home following an...
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The Imperial Supreme Court
The Supreme Court has officially entered its summer recess, leaving yet another controversial term in its wake. States will now be able to gerrymander at will without first subjecting their plans to federal oversight. Laws that are passed to discriminate … Continue reading →![]()
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Bob Ray Sanders on the Duane Buck Case
Fort Worth Star-Telegram columnist Bob Ray Sanders' latest is, "‘Race’ in case stains Texas justice system." Texas has so many stains on its criminal justice system that there is no societal detergent that could ever remove them all. But there...
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Gal & Wexler on Therapeutic Jurisprudence and Positive Criminology
Tali Gal and David B. Wexler (School of Criminology, University of Haifa and University of Puerto Rico - School of Law) have posted Synergizing Therapeutic Jurisprudence and Positive Criminology on SSRN. Here is the abstract: Therapeutic jurisprudence (TJ) is an...
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Warren Hill's Execution Date
"Ga. death row inmate asks appeals court to delay execution until US Supreme Court weighs in," is the AP report, via Daily Journal. A lawyer for a Georgia death row inmate scheduled to die next week is asking a federal...
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