NYTimes: N.S.A. Triples Collection of Data From U.S. Phone Companies by Charlie Savage: The National Security Agency vacuumed up more than 534 million records of phone calls and text messages from American telecommunications providers like AT&T and Verizon last year … Continue reading →
NYTimes: N.S.A. Triples Collection of Data From U.S. Phone Companies
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Single Vehicle Crash East of Lucky Peak State Park
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 05/06/2018 at 1:10 p.m. Please direct questions to the District Office On May 5, 2018, at 5:18 p.m., the Idaho State Police investigated a single vehicle crash that was 14.5 miles north on Arrowrock Road from State Highway 21 at milepost 17, east of Lucky Peak State Park. Jorden Rossel, 19, of Boise, was driving a 1994 Jeep Grand Cherokee. Amanda Mercer, 27, of Boise, was sitting on the front bumper of Rossel's vehicle when she fell off and was struck by Rossel's vehicle. Mercer was transported by air ambulance to St. Alphonsus Regional Medical Center in Boise. The crash is under investigation by the Idaho State Police. 3725 / 3643 -------------
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49 Questions All In A Line. All Of Them Good Ones? All Of Them Lies?
The leak and publication of 49 questions for President Trump, orally given to President Trump's lawyers by Robert Mueller's team and then transcribed by Jay Sekulow, has unquestionably damaged Team Mueller's reputation. Why? Many of the questions are incredibly broad,...
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Case o' The Week: Ninth Buys Probation's Hard Cell - Misraje and "Bright Line" Prohibitions of Cell Phones on Supervision
Coffee and cell phones: a dangerous combination.United States v. Misraje, 2018 WL 1998294 (9thCir. April 30, 2018), decision available here.Players: Decision by visiting Maine District Judge Woodcock, joined by Judges Berzon and Bybee. Hard fought appeal by AFPD Jonathan Schneller, C.D. Cal.Facts: Misraje was on supervised release after a child porn conviction. Id. at *1. One condition prohibited him from possessing or using a computer or computer-related device not disclosed to his PO. Id. At a coffee shop, Misraje was handed a smartphone by a friend, and looked at an internet website about public storage facilities. Id. at *3. His PO was at the coffee shop, and took pictures of Misraje holding the phone. Id. A Form 12 was filed, an evidentiary hearing held, supervision was revoked, and Misraje got a year and a day in custody. Id. at *2. Issue(s): “Misraje alleges that merely holding his friend’s cellphone and looking at the screen…
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Where Do DWI Cases Go in the New Jersey Court System?
Under the laws of the state of New Jersey, driving while intoxicated (DWI) is a motor vehicle offense rather than a criminal offense. While a DWI conviction can result in serious penalties, including the possibility of jail time, the New Jersey court system does not deal with DWI cases in the same way it handles most criminal cases. A defendant in a New Jersey DWI case, for example, does not have the right to a trial by jury as described in the Sixth Amendment to the U.S. Constitution. DWI is considered a “petty” offense, and therefore it is not covered by all of the provisions of the Bill of Rights that apply in criminal cases. Most other rights, like the Fourth Amendment’s protection against unreasonable searches and seizures and the Sixth Amendment’s right to confront one’s accuser, still apply in DWI cases. Understanding which courts may consider DWI prosecutions and appeals, and how they are allowed to consider them, is important when planning…
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Business Insider: How to delete your DNA data from genetics companies like 23andMe and Ancestry
Business Insider: How to delete your DNA data from genetics companies like 23andMe and Ancestry by Erin Brodwin: The recent arrest in one of California’s most infamous serial-killer cases was based in large part on a DNA sample submitted to … Continue reading →
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Free Speech: It’s Not That Complicated.
“The First Amendment’s guarantee of free speech does not extend only to categories of speech that survive an ad hoc balancing of relative social costs and benefits. The First Amendment itself reflects a judgment by the American people that the benefits of its restrictions on the Government outweigh the costs.” The legislature must strike a balance between sexual-privacy rights and the First Amendment. Because revenge porn does not fall within one of the enumerated categories of unprotected speech under the jurisprudence of the United States Supreme Court, legislators must narrowly craft statutes to avoid infringing on important First Amendment rights. Applying the analysis of [Thompson], revenge porn likely constitutes protected speech because nonconsensual photography and visual recordings are inherently expressive, and the First Amendment protects their distribution. … This conundrum means that in order to pass constitutional muster, states must…
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MAURICIO MULDER Y LOS PARTIDOS POLÍTICOS
A los periodistas, especialmente a Nicolás Lucar, les hago saber, porque NO lo saben y si lo saben eso tiene otro calificativo, lo que dispone el artículo 46 de la Ley 28036 modificado por la ley Nº 30474, que,a la letra dice: Artículo 46. Juntas directivas Los miembros de las juntas directivas son elegidos por un período de cuatro (4) años, plazo que debe coincidir con el ciclo olímpico o torneo mundial, pueden ser revocados en sus cargos por la asamblea de bases, en los casos previstos en su estatuto y cuando son sancionados por el Consejo Superior de Justicia Deportiva y Honores del Deporte. Se permite por una sola vez la reelección inmediata en cualquier cargo. El presidente ejerce la representación legal y deportiva. El vicepresidente lo reemplaza en caso de ausencia. Para ser candidato a presidente y vicepresidente se requiere cumplir los requisitos del respectivo estatuto, así como: a) Haber…
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Drunk Couple Celebrating Nuptials Ends with Battery Charges
Within a few hours of their beach wedding ceremony, a Florida couple is facing charges after they became intoxicated and had a physical altercation. Davenport, Florida, couple 61-year-old Daniel Gillen, and his new bride, 49-year-old GeGee Riposta, had their wedding ceremony on Clearwater Beach on Sunday, April 29. During the celebration following their exchange of vows the newlyweds allegedly imbibed a bit too much causing them to become intoxicated. Gillen and Riposta then spent what most people consider one of the happiest days of their lives quarreling on and off throughout the affair. Continue reading →
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Prosecutor in Florida Theft Case Uses Defendant’s Facebook Post to Prove Case
With the proliferation of social media, the state has an extra tool it can use to obtain evidence and prove cases in court. At this point, people should understand that posting information on the internet, whether pictures, conversations, documents, etc., does not come with a reasonable expectation of privacy. The police or prosecutors can subpoena information from internet service providers or simply go on a defendant’s social media page and print off or download incriminating information. The bottom line, whether in relation to a criminal case, a civil case or just generally- do not post things on the internet that you would not want the police or the general public to see. For example, in a case just south of Jacksonville, Florida, the police were investigating two auto thefts that happened in similar locations within an hour of each other. The police developed suspects for the two auto thefts and ultimately obtained one of the suspect’s cellphones. They…
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With Consent of New York County District Attorney’s Office, Two Men Exonerated of 1992 Rape Conviction
DNA and Other New Evidence Proves the Two Men Served a Combined 36 Years for a Crime that Never Occurred (New York – May 7, 2018) With the consent of the District Attorney’s Office, today a New York County Supreme Court judge vacated the convictions of Gregory Counts and VanDyke Perry for a 1991 gang-rape that the complainant now acknowledges never occurred. DNA testing that identified another man’s sperm in the complainant’s underwear led to a joint reinvestigation between the Innocence Project, the Office of the Appellate Defender and the New York County District Attorney Office’s Conviction Integrity Unit, revealing that law enforcement failed to fully investigate the case that resulted in two young black men serving a combined 36 years for a crime that never occurred. Counts, represented by the Innocence Project, served 26 years before he was paroled last year. Perry, who was paroled in 2001 and is represented by the Office of the Appellate…
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Maliha on Noncompliant Insanity
George Maliha (Harvard University, Law School, Students) has posted Noncompliant Insanity: Does It Fit within Insanity? (Harvard Journal of Law and Public Policy, Vol. 41, No. 2, 2018) on SSRN. Here is the abstract: Half of people suffering from schizophrenia...
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Someone Got Me Sick. Can I File a Lawsuit?
With what we now know about germs and how they are spread between person to person, one might assume that if a sick individual passes their sickness on to them, they will be able to sue that person. While this might seem like a legitimate claim, it has some tough hurdles to cross. Yes, it is true you can sue someone for nearly any reason you want to. But it’s not necessarily the best idea. In the case of suing someone for getting you sick, you (the victim) will be required to prove the defendant got you sick. Not only that, but you will have to prove that it was intentional or negligent. Even that factor is hard to prove because illnesses can be spread in different ways. However, illnesses like sexually transmitted diseases (STDs) and home-borne illnesses can be more appealing to legal ramifications. STDs and the Law Sexually transmitted diseases are the most common types of illnesses subject to lawsuits. Why? Because they are an illness that can potentially affect you…
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Interesting complicated stories of the recidivism impact of California's big modern sentencing reforms
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New Jersey’s Use of “Drug Recognition Experts” in DWI Cases Could Raise Constitutional Concerns
The Fourth Amendment’s prohibition on unreasonable searches and seizures applies in all New Jersey driving while intoxicated (DWI) investigations and prosecutions. Defendants can raise Fourth Amendment challenges to numerous aspects of a DWI prosecution, such as a lack of reasonable suspicion before stopping their vehicle, or a lack of probable cause to initiate a DWI investigation. In cases in which police suspect an intoxicating substance other than alcohol, they may make use of a Drug Recognition Evaluator (DRE), who has received training in identifying signs of impairment by various drugs. A lawsuit filed last year challenges the use of DREs on Fourth Amendment grounds. While the case is pending in another state, it could affect future New Jersey DWI cases. A private organization, the International Association of Chiefs of Police (IACP), operates the system for training and certifying DREs in cooperation with the National Highway Traffic Safety Administration (NHTSA).…
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Ollanta Humala - Incautación de su Casa.
http://www.expreso.com.pe/politica/cesar-nakasaki-humala-y-heredia-tienen-plazo-de-abandonar-la-vivienda-hasta-las-1000-p-m/ ¿Que sucede si no se pudo probar el delito y por tanto la causa es sobreseída, pero el inmueble ya fue transferido por el Estado? Es correcto lo que precisa el Dr. Nakazaki. Además, el embargo ES GARANTÍA para asegurar la reparación civil en caso de ser culpables del Delito o delitos por los que se les juzga, la incautación NO garantiza, se está "cobrando" por adelantado una sentencia condenatoria que todavía NO se ha dictado y que haya quedado consentida o Ejecutoriada. Lo que deploro es que se use a los hijos para cuestionar una medida, en mi concepto IRRACIONAL, ¿Los niños se quedan sin casa? !!NO¡¡, la decisión judicial requerida por la Fiscalía los deja en abandono y sujetos a toda clase de peligros, ¡¡por supuesto que NO!!, sus…
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*update* Crash Blocking I-84 near Maple Grove Overpass
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: May 7,2018 3:20 p.m. Please direct questions to the District Office ** update ** On Monday May 7, 2018, at approximately 11:10 a.m., the Idaho State Police investigated a crash on I84 near the Maple Grove overpass. Maurice Ronneburg, age 52, of Pocatello, was traveling westbound in a Peterbuilt semi pulling two trailers loaded with fertilizer. Kimberly Davenport, age 49, of Boise, was also traveling westbound in a Mercedes 350 SUV. Davenport changed lanes, sideswiping Ronneburg's vehicle, and Ronneburg lost control of his vehicle. The rear trailer rolled onto its side, losing its load. The lanes were blocked for approximately one and one half hours. 3643/3413 ** end…
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I Received a DUI While on Prescription Drugs. What Are My Options?
If the police have pulled you over and charged you with a DUI for being on prescription drugs, you are probably feeling a little lost and confused. Most people believe that being on prescription drugs while they are behind the wheel is not an offense, but this situation can make their lives difficult. Overcoming the problem and getting a fair outcome requires you to get in touch with a qualified DUI attorney. An attorney can review your case and form a solid defense to reduce your odds of facing long-term complications. If you need a legal team on which you can depend, don’t hesitate to contact the Law Office of Gregory & Waldo. Possible Penalties Learning about the penalties that you could face if the court convicts you is a good step when you want to understand your problem. If you are convicted of a DUI for the first time in Nevada, you will get a maximum fine of $1,000 plus court fees. The court could also order you to attend a victim impact panel as part of your…
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Some Disturbing Redactions
Andrew C. McCarthy of National Review Online has a column here about some disturbing redactions originally insisted upon by the DOJ and FBI with respect to the House Permanent Select Committee on Intelligence's Report on Active Russian Measures. These passages...
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Conspicuity Tape: How it Reduces Accidents
One potential cause of an accident with a commercial truck is the lack of people paying attention. Maybe it’s dark out, foggy, or a truck stops short. Next thing you know, you’ve hit their Mansfield, or DOT bar. One means of combatting these types of accidents, is that of conspicuity tape. Conspicuity tape is the red and white reflective tape laid out alongside the trailer, making it easier for other vehicles to spot the trucks. If you’re having trouble picturing it, picture reflectors on a bicycle or safety vest. The tape reflects a driver’s headlights and assists in spotting them in order to keep the road safer. It is the same case for commercial trucks. Conspicuity Tape: How it Reduces Accidents The risk of rear ending a truck itself poses a serious risk. Because trucks are much larger and heavier, an accident between a truck and standard size vehicle can have serious consequences. So, we’re always looking for ways to prevent…
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