THE CAPTAIN REPORTS: IT’S THAT TIME OF THE YEAR AGAIN ..... QUALIFYING WEEK ..... T-MINUS 36 HOURS AND COUNTING Over the next day and a half, we expect to see some jockeying around of candidates looking for just the right place to land their campaign and deposit their qualifying fee. The deadline is FRIDAY, MAY 4, 2018 at NOON. Here is where we stand: CIRCUIT COURT: Will any of the incumbents who are presently unopposed receive a last minute opponent? Here is the list of Incumbents who are currently unopposed: Judge Antonio ArzolaJudge Miguel de la OJudge Victoria del Pino (appointed to fill Judge Blake’s seat)Judge Maria Espinosa DennisJudge Jason Dimitris (appointed to fill Judge Brennan’s seat)Judge Pedro EcharteJudge Jose FernandezJudge Mindy GlazerJudge Michael HanzmanJudge Charles Johnson (appointed to fill Judge Sigler’s seat)Judge Marisa Tinkler MendezJudge Browyn MillerJudge Teresa PoolerJudge Maria de Jesus SantoveniaJudge Valerie Manno…
JUDICIAL ELECTIONS 2018 - THE DAY BEFORE “THE DAY” .....
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Resnick et al. on Fines, Fees, Bail, and the Cost of Courts
Judith Resnik, Anna VanCleave, Kristen Bell, Skylar Albertson, Natalia Friedlander, Illyana Green and Michael Morse (Yale University - Law School, Yale University - Law School, Yale University, Law School, Yale University, Law School, Students, Yale University, Law School, Students, Yale...
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Manhattan’s Poor Are Screwed Despite A “Progressive” District Attorney
Avoiding the fare on New York’s subway was a misdemeanor so these few minutes were just a brief interruption in his busy, but poor, life. Richard was surprised when he was put in the paddy wagon and taken to Rikers. He was even more shocked two-months later when he was still behind bars in a filthy, overcrowded cell. Is Vance A Prosecutor For The Well-Heeled? To listen to the media, the district attorney of Manhattan’s, Cyrus Vance, Jr., tends to look the other way when it comes to white-collar crime. And there’s evidence of a soft spot in the DA ’s heart for the Uber-wealthy. In 2012 when Trump siblings, Ivanka and Donald Junior, were not prosecuted for hoodwinking prospective buyers in the SoHo Trump Tower, their attorney, Marc Kasowitz, threw a fundraiser for Vance and raised tens of thousands for Vance’s campaign. Even after falling-from-grace, Harvey Weinstein confessed on tape, Vance still decided not to file sexual-assault charges. The…
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Non-Injury Crash NB US95 at milepost 321, near Evans Road
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 05/03/2018 4:07 pm Please direct questions to the District Office On May 3rd, 2018, at 12:24 pm, the Idaho State Police investigated a commercial vehicle crash on US95 near milepost 321, north of Lewiston, in Nez Perce County. Austin L. Siggers, 21 yoa, of Lewiston, Idaho was southbound on US95 in the far right lane, driving a 2016 Hino straight truck. Siggers crossed the center line, drove into the left northbound lane and into the depressed center median. Siggers continued through the median, crossing both northbound lanes, leaving the roadway and coming to rest in the field just east of US95. Siggers and his passenger, Christopher P. Watts, 31 yoa, of…
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Wexler on Therapeutic Jurisprudence
David B. Wexler (University of Puerto Rico - School of Law; University of Arizona James E. Rogers College of Law) has posted The Therapeutic Application of the Law and the Need for Amicus Justitia Briefs (Therapeutic Jurisprudence in the Mainstream...
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Injury Crash in Clark County
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: 5/3/2018 7:20 p.m. Please direct questions to the District Office On Thursday, May 3, 2018, at approximately 3:00 p.m., the Idaho State Police investigated a two-vehicle injury crash at the junction of State Highway 28 and State Highway 22 in Clark County. Elmer C. Schrader, 83, of Buxton, Oregon was driving westbound on State Highway 22 in a 2018 Jeep Cherokee. Kimbal C. Graff, 58, of Idaho Falls, was driving eastbound on State Highway 28 in a 2015 Kenworth straight truck. Schrader stopped at the sign at the junction for State Highway 22 and State Highway 28, then pulled out in front of Graff and was struck by the Kenworth. Both drivers were wearing seatbelts. Schrader was…
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Scaffold Injuries for Worker’s Comp Claims
Scaffold injuries are some of the most common complains when it comes to worker’s comp claims. Due to the nature of the job, these types of accidents have the potential to take place quite often. In fact, OSHA created rules and guidelines to help prevent these specific injuries. But, no matter the guidelines, these accidents still occur. So, here are a few reasons why. That way, you might be able to keep them from occurring on your work site. Scaffold Injuries for Worker’s Comp: Acknowledging and Preventing Accidents Design and Construction. One of the key elements leading to scaffold safety is the design and construction of the layout itself. Since scaffolds are temporary structures, they are not always structurally sound. For this reason, OSHA requires scaffolds to meet specific guidelines. These guidelines cover a number of things such as type of equipment and building methods used for the scaffold. In addition, each piece of the scaffold must be able to support…
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3 arrested in Georgia, accused of burglary after cashing in coins
Many people who are accused of crimes in Georgia have little to no legal training. As a result, they are often unsure how to respond to criminal accusations. In fact, three young people may need guidance as they navigate the criminal process after being accused of burglary. The events that led to their arrest allegedly happened in late April. Police reportedly responded to a residence after they received a report that "suspicious suspects" were at the front door. A young woman in the home reportedly hid upstairs and claims she heard multiple people enter the home. Several items, including a pair of shoes, two weapons and plastic jars filled with coins were allegedly taken from the home. Police say that they received a call later that same day about two men attempting to cash in a large amount of change at a grocery store. Though it was unclear what about their attempts garnered the manager's attention, police arrived at the scene. The two men, ages 22…
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Changes to Distracted and Careless Driving in 2018
Changes to Distracted and Careless Driving (feat. Careless Driving Causing Bodily Harm or Death)The charge of Careless Driving in Ontario is already a well-established offence under the Highway Traffic Act and provides a number of penalties up to and including a $2,000 fine and six months in jail. What if Careless Driving causes serious bodily harm or death, without crossing over into the criminal realm? What if the driver’s conduct doesn’t reach a marked departure or a recklessness disregard to engage criminal negligence or manslaughter respectively? Some parliamentary advocates have argued that this leaves a gap in the legislation. Others retort that Dangerous Driving (s. 249 of the Criminal Code, which carries a maximum penalty of 5-10 years depending on the Crown election) already bridges this gap. Despite this, deep in the Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, in Schedule 4 specifically, there are three changes to the Highway…
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Choosing the Right California DUI Attorney
The day that a person is arrested on suspicion of driving under the influence is very often the worst day of their life. The legal process to come, for many, is not much better than the arrest itself. This is precisely why it would be difficult to understate the importance of choosing the right DUI attorney to fight your California DUI charges. Many of my prior posts talk about the complexities and intricacies of the criminal law process. Other posts I’ve written about talk about the potential consequences of driving under the influence which can include probation, thousands of dollars in fines and fees, a license suspension, drug and alcohol programs, an ignition interlock device, a permanent criminal record, and even jail. With so much at stake in the middle of one of the most complex processes in society, why wouldn’t a person seek the help and advice of a trained DUI attorney? You certainly wouldn’t want an unqualified doctor performing a surgery on you,…
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JUDICIAL ELECTIONS 2018 ..... CONGRATS TO OUR THREE NEWEST JUDGES .....
THE CAPTAIN REPORTS: QUALIFYING DAY HAS COME & GONE ....... Congratulations to our newest judges who will all take the bench in January of 2019. None of them received opposition as of Noon today: CIRCUIT COURT Carlos Lopez COUNTY COURT Betsy Alvarez-ZaneJacqueline Woodward (and Happy Birthday to Jackie today). AND NOW FOR THE CONTESTED ELECTIONS. ANY PREDICTIONS .....? CIRCUIT COURT 19 Incumbent Circuit Court Judges were reelected without drawing any opposition; (for a list of those judges please see our post from May 3rd ). There are three contested races this year. One candidate, Renee Gordon, returns for a second try after losing in the primary in 2016 to eventual winner Mark Blumstein. Judge David Miller is the only incumbent Judge in Miami-Dade County to draw opposition. Judge Miller is no stranger to contested elections - in 2012, the last time he ran for office, he also drew an opponent. He soundly defeated Mauricio Padilla in that contest with 62% of the…
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Defendant Seeks to Appeal Guilty Plea Pending Deportation
People v A 2018 NY Slip Op 03136 May 2, 2018 Continue reading
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Wired UK: Facial recognition tech used by UK police is making a ton of mistakes
Wired UK: Facial recognition tech used by UK police is making a ton of mistakes by Matt Burgess: South Wales Police, London’s Met and Leicestershire have all been trialling automated facial recognition in public places. But a lack of legal … Continue reading →
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Proving Negligence in a Premises Liability Claim
Personal injury lawsuits exist for several reasons. Firstly, when a person or entity’s behavior causes an innocent party harm, the responsible party should be held accountable. Secondly, the person harmed should be able to recover costs associated with their injury or illness such as lost wages, medical bills, and future curative costs such as physical therapy. In order to prove that a party is liable for an injured person’s damages, negligence must be proven. If you own a piece of property and invite others onto it, you assume responsibility for their safety. On the other hand, when you are invited onto another person’s property, you trust that person to keep the property fee of injury-causing hazards. If you have been hurt or injured on someone else’s property, the property owner may vulnerable to a premises liability lawsuit. Necessary Components of a Negligence Claim One of the most important parts of a premises liability suit is proving…
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Montgomery Advertiser: Opinion: Policing for profit prevails at Alabama Legislature
Montgomery Advertiser: Opinion: Policing for profit prevails at Alabama Legislature by Leah Nelson and Shay Farley, Alabama Voices: During this legislative session, advocates from across the ideological spectrum came together with one goal in mind – to eliminate civil asset … Continue reading →
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NYTimes: The Cold Case That Inspired the ‘Golden State Killer’ Detective to Try Genealogy
NYTimes: The Cold Case That Inspired the ‘Golden State Killer’ Detective to Try Genealogy by Tim Arango: Before investigators in California say they solved a decades-old case of rape and murder using a genealogy website, the only other known case … Continue reading →
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News Scan
Judge Calls Muller's Team Liars: During a hearing today, involving the 18 count indictment against former Trump campaign chairman Paul Manafort, a U.S. District Judge gave the Justice Department two weeks to turn over an unredacted copy of the "scope memo" which authorized Special Counsel Robert Mueller to investigate Russian collusion. Jake Gibson of Fox News reports that the hearing was held to consider Muller's petition to quash the indictment. When Judge T.S. Ellis asked Muller's lawyers where they got the authority to indict Manafort, they said that the authority was laid out in documents including the "scope memo" which they did not present as evidence because of national security concerns. The judge summed up the Special Counsel's argument as, "We said this was what (the) investigation was about, but we are not bound by it and we were lying." Congress has been trying to get the same…
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The Golden State Killer and Genetic Snitching
The Golden State Killer (GSK), as he was dubbed by the media, went on a prolific crime spree in ten northern California counties between 1974 and 1986, murdering as many as 13 people, committing 45 or more rapes, and burglarizing more than 120 homes. He left DNA evidence at some, if not all, of his crime scenes. GSK’s crime spree occurred during an era when DNA was an unknown science. “DNA testing,” as it became known, was discovered as a crime solving tool in Britain in 1985. It was first used in the United States in 1987 to convict a Florida rapist. It has since become an invaluable law enforcement tool, especially in cold cases, to connect unknown offenders to known crimes, and it has become the leading tool used by innocence projects across the country trying to free individuals wrongfully convicted of crimes. 99.9 percent of all humans share genetically similar DNA. It is that 0.1 percent difference that law enforcement utilizes to match…
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REPUTED MASSACHUSETTS RAPIST IS RELEASED UPON DISMISSAL OF CASE
Yep, sometimes things go wrong in the criminal justice system, no matter which side you are on. But, no, not in the way we have been discussing in my last few postings. We turn Northward, to Peabody. According to the Salem Daily News, A gent who had been labeled by a judge in February as an “uncontrollable danger” to women walked out of court yesterday a free man. Case dismissed. Mark Papamechail, 55, of Peabody (hereinafter, the “ExDefendant”) had been ordered held without bail since the fall after a woman accused him of “date rape” in October. The allegations were that the woman had been in her 50’s, she had gone on a few dates with him, he invited her back to his place where he pressured her for sex and then forced himself upon her. The allegations of the case were similar to those in a 2014 case involving another woman in her 50s who had met the ExDefendant on a dating website called Plenty of Fish. She too said he had invited her…
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Forget Drinking and Driving: Penalties for Boating Under the Influence
Driving while intoxicated (DWI) offenses are mostly associated with driving automobiles under the influence of alcohol, but the law doesn’t stop there. It can also be applied to those who drive boats and other aquatic vehicles throughout the waterways of New Jersey. Otherwise known as boating while intoxicated (BWI) or boating under influence (BUI), this act is just as dangerous as a drunk driver taking to the streets. A boat operator under the influence of alcohol (or other substances) is not only endangering themselves but also the lives of all those who are on the water at the time. According to New Jersey’s drunk boating statute (N.J.S.A. 12:7-46), someone who is operating a boat is held to the same standards as someone driving an automobile. This law is only aimed at boats or vessels that are equipped or temporality equipped with machinery for propulsion or are 12 feet or greater in length. It is the duty of the New Jersey State Police Marine Service Bureau and…
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More Pages to Explore .....
