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Week of April 30 - May 4, 2018


California Criminal Defense Attorney — Can I Get My Bail Reduced in California?

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California Criminal Defense Attorney — Can I Get My Bail Reduced in Californi If you or a loved one find themselves in jail with an astronomical and unfair bail set on your case, relief may be afforded to you under recent changes in California law. Too often and for too long people with little or […] The post California Criminal Defense Attorney — Can I Get My Bail Reduced in California? appeared first on Los Angeles Criminal Defense Attorney-Pasadena Ontario | Leib Law.

Crash Blocking Chubbuck Road in Chubbuck.

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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: 05/04/18 4:50 PM Please direct questions to the District Office The Idaho State Police is currently investigating a crash at the intersection of Chubbuck Road and Cole Street in Chubbuck. The east and westbound lanes are currently blocked. More information will be released as it becomes available. 3642 -------------

CALIFORNIA’S PRISONS ARE INCREASINGLY POPULATED BY THE MENTALLY ILL

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In 2017, Stanford Law School’s Justice Advocacy Project studied the long-running problem of mental illness among prison inmates in California. Using data provided by the California Department of Corrections and Rehabilitation (CDCR), the Justice Advocacy Project studied the continuing trend, concluding that the problem is getting worse.  According to the CDCR, at the beginning of this century, less than 15% of California’s prisoners were receiving treatment for a “serious mental disorder,” now that number tops 30%.  The most dramatic increases have occurred in the last five years. A “serious mental disorder” are DSM Axis I diagnoses such as schizophrenia, psychotic disorder or bipolar disorder. Ironically, it might be the recent criminal justice reforms that is one of the driving forces behind this increase in mentally ill prisonersexpressed as a percentage of all prisoners. The reforms, such as the Public Safety Realignment Actand…

DUI BASED ON CIRCUMSTANTIAL EVIDENCE

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In the last of my three-part series about Dave’s misadventuresafter an afternoon of beer and barbeque at a friend’s, we come to another possible defense Dave may have following his arrest for DUI and a hit and run. To summarize: Dave ran into his neighbor’s car on his way home from the barbeque and fearing that he stood a chance of getting arrested for DUI if he stopped and reported the mishap, he made the decision to go straight home and hope for the best. Perhaps he planned to go tell his neighbor after he sobered up a bit, but it was too late; another neighbor, Millicent, saw the accident and reported it to the police. When the police arrived at Dave’s house, Dave decided to “hide” upstairs and his wife covered for him. The police, suspecting Dave was in the house and that he had been drinking, conducted an unwarranted search of the house after Dave’s wife refused to consent to the search. In my previous blog, I discussed…

Update 1: Crash Blocking Chubbuck Road in Chubbuck.

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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: 05/04/18 6:15 PM Please direct questions to the District Office ***** Update ***** All lanes of travel are open. 3642 ***** End Update ***** The Idaho State Police is currently investigating a crash at the intersection of Chubbuck Road and Cole Street in Chubbuck. The east and westbound lanes are currently blocked. More information will be released as it becomes available. 3642 -------------

New Texas Statute Allows Nondisclosure of DWI Records in Certain Cases

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Texas criminal proceedings are, in most cases, part of the public record. This means that anyone who knows where to look can obtain information about specific criminal cases, including arrest records and records involving probation and other outcomes. It is possible, in limited circumstances, to obtain an expunction or an order of nondisclosure, which directs public officials and agencies not to release information about a particular criminal case to the public. A new law passed by the Texas Legislature, H.B. 3016, expands the availability of nondisclosure orders in Texas DWI cases, with some exceptions. DWI is a misdemeanor criminal offense under Texas law. “Intoxicated” is defined as either lacking “the normal use of mental or physical faculties” because of alcohol or drugs, or having a blood alcohol concentration (BAC) of at least 0.08 percent. Tex. Pen. Code § 49.01(2). A DWI offense is ordinarily a Class B misdemeanor with a minimum jail…

The Law on Animals Trapped in Locked Cars in Chicago

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A recent report by the American Veterinary Medical Foundation (AVMF) reveals an astonishing number of pets exposed to life-threatening situations, especially in confined spaces such as cars. According to the association, a significant number of pet injuries and deaths are as a result of being trapped in cars. In more than one occurrence, pets, especially dogs, have been found to suffer from breathing problems. In some cases, death from heatstroke occurred because they were trapped in hot cars. In fact, breaking into cars to save these pets has been a contested topic over the past few months, especially with the ever-increasing number of car theft and burglary cases. Furthermore, a lot of concerned citizens have found themselves in compromising positions with the law after breaking into cars all in an attempt to rescue pets. As a result, it is important for legislators to define statutes that not only protect animals trapped in cars, but also the people twho break into such cars…

Recently Married Man Accused of Waterboarding and Torturing Wife

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A Newport Beach man has been charged with felony offenses after he reportedly held his wife against her will while torturing and abusing her using several methods, including waterboarding. 36-year-old Richard David Schlosser and his 65-year-old wife of two months share a home in Newport Beach. On January 6 around 10:15 a.m. someone notified the authorities and told them that they feared something was wrong with the woman inside the couple’s home. Police dispatched to the location and reported that they had “reason to believe a crime had occurred.” Continue reading →

Short Take: A Faustian Whitewashing

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The first thrust was to include more writers of color, but once Reedies Against Racism tasted blood, they went for it all. And they got it. Reedies Against Racism, a student group at Reed College, is demanding that the school’s Humanities 110 course remove all European texts and replace them with non-European reading materials as “reparations for Humanities 110’s history of erasing the histories of people of color, especially black people.” Those classics that every moderately well-educated person reads in college? Racist. All white men, Europeans. And they even came up with a cool name for it. Whitewashed curricula are worth fighting. But the Oregon college will repeat the error in the opposite direction if it decides that European and Mediterranean authors have nothing to contribute by virtue of their whiteness. It may well be that there are brilliant books that have never been given the credit they deserve because they were…

Fatality Crash SB SH41 at milepost 16.2, south of Spirit Lake

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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: 05/05/2018 4:56 AM On May 4th, 2018 at 10:53 pm, the Idaho State Police investigated a two vehicle fatality crash on SH41 at milepost 16, south of Spirit Lake, Idaho. Jonathan A. Smith, 25 years old, of Spirit Lake, Idaho, driving a blue 1992 Dodge Dakota was travelling southbound when he turned onto a side road in front of Mark J. Kondash, 49 years old, of Newport, Washington, driving a 2002 Harley Davidson motorcycle. Kondash was travelling northbound when he struck the passenger side of Smith's vehicle. Both Kondash and his passenger, Alayna C. Wright, 48 years old, of Newport, Washington, were ejected from the bike. Wright succumbed to her injuries at…

E.D.Wis.: Showing of nexus was not bare bones; it was a reasonable inference on totality

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The showing of nexus was thin, but not bare bones, and it was reasonable to infer that evidence of three robberies would be found where he was staying with his girlfriend. There clearly was probable cause to arrest him in … Continue reading →

W.D.N.C.: Being parked in the middle of the road with the engine running is RS

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“In this case, the evidence is clear that Officer Paxton observed a Mercedes Benz parked in the middle of the road with its engine running and lights on. After his initial approach to the car, he discovered that both the … Continue reading →

Fighting Conviction Following Florida Prostitution Arrest

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A county commissioner in his 70s has been immediately suspended by the governor following his arrest on multiple misdemeanors alleging prostitution. The commissioner, from Hernando County, reportedly wrote the governor and asked he be suspended effective July 17th – significant because that’s the day after which it would be too late to put his elected seat on the ballot this year. Gov. Rick Scott chose instead to remove him from the post right away. The Miami Herald reports the commissioner was arrested for: One count operating a location for the purposes of lewdness, assignation or prostitution; Two counts purchasing services from a person engaged in prostitution. Both of these are violations of different parts of F.S. 796.07, which prohibits prostitution and related acts. A first offense for any of this is considered a second-degree misdemeanor, punishable by up to 60 days in jail. But for many individuals, like this defendant, the problem is less about the jail…

Doctor Accused of Manslaughter After Fatal Abortion Takes Dramatic Plea Offer to Lesser Included Offense — Seconds Before Jury Returns With Verdict

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A Queens Obstetrician/Gynecologist dramatically took a guilty plea Friday to an uncharged, lesser-included offense of Criminally Negligent Homicide at the end of the third day of jury deliberations in his trial for Reckless Manslaughter stemming from the July 2016 death of a patient following a 23+ week abortion.  The decision to take the plea occurred literally seconds before a previously deadlocked jury came back with a verdict – and only after the defendant was reported to have made contact with a juror with information about the case which had not been entered into evidence, necessitating the questioning of all 12 jurors by the court to determine if they could remain fair during deliberations.  Instead of facing up to 15 years in prison on the Reckless Manslaughter charge, the defendant, Dr. Robert Rho, will receive a sentence of 1 1/3 years in prison, eligible for work release in less than a year.   The Charges and Evidence Against Dr. Rho Dr.…

"A Rational Approach to the Role of Publicity and Condemnation in the Sentencing of Offenders"

Scrutinizing sex offender civil commitment schemes

Brendan Dassey: When the Judicial System becomes the Criminal

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If you practice law for a long enough period of time, you will see things that will bother you. You will see the innocent get convicted. You will see the guilty walk free. You will see things that will make you sick to your stomach and things that will bring a tear to your eye but in all of those experiences, you will never see an injustice greater than what happened to Brendan Dassey. Dassey is an innocent young man that had his life ripped apart because of a false confession and if something is not done to right this wrong, he will be incarcerated until 2048 or later. Brendan Dassey (Tracy Symonds-Keogh / Wikimedia Commons) The case of Brendan Dassey gained national fame when the Netflix series “Making a Murderer” was released in 2015. The series examined the 2005–2007 investigation, prosecution and trials of Dassey and his uncle, Steven Avery, who were both convicted of murdering photographer Teresa Halbach on October 31, 2005. Continue reading

Fuente Legal que sustente la Cooperación Judicial Penal - Primera parte

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Fuente legal que sustenta la cooperación judicial internacional en materia penal –Primera parteEl artículo 508 del Código Procesal Penal se refiere a la fuente legal que sustenta la cooperación judicial internacional y que en el caso peruano tiene dos: el Tratado y en su defecto, el Principio de Reciprocidad.Este es un artículo medular en el Código Procesal Penal.Primera Parte: El Tratado Barberís J (1982) refiere que “Todo aquel que se propone describir el derecho de gentes actual y analiza con ese fin la práctica en los distintos ámbitos internacionales, podrá fácilmente comprobar que los tratados cumplen una función de primordial importancia.” (p.12) Por esta razón el citado publicista dice “Cuando dos o más Estados se ponen de acuerdo sobre un objeto determinado y desean darle valor jurídicamente vinculatorio a dicho acuerdo, celebran un…

DE: Search of jail cell seizing legal materials violated 6A; dismissal of indictment required

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The search of defendant’s prison cell seizing his legal materials without judicial approval violated his Sixth Amendment rights, not his Fourth Amendment rights. The lead prosecutor in his case reviewed the legal materials. The state should have used a taint … Continue reading →
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