The title of this post is the title of this lengthy new Fox News article. Regular readers know I have, since starting this blog more nearly five years ago, regularly blogged about a range of issues relating to veterans and their access to marijuana (a dozen of recent posts on...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/VwqDBYo--sg" height="1" width="1" alt=""/>
"PTSD & Pot: Veterans making Memorial Day push for legal marijuana"
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A masterclass on the doctrines of Law of the Case, Waiver, Forfeiture, Remand and on Firearm and Role-in-the-Offense enhancements–plain error results in a remand: United States v. Miller, _ F.3d _ (D.C. Circuit, No. 17-3001 (May 18, 2018).
Frederick (“Toby”) Miller was sentenced to terms of life imprisonment following RICO and narcotics conspiracy-related convictions that are reported in United States v. Eiland, 738 F.3d 338 (D.C. Cir. 2013) and, thanks to a hung jury in the first trial, in United States v. Miller, 738 F.3d 361 (D.C. Cir. 2013). On appeal from the first trial, the D.C. Circuit vacated various unlawful-use-of-a-communications-facility counts and affirmed the remaining counts. Miller, 738 F.3d at 387. On appeal from the second trial, the Circuit concluded that, although sufficient evidence supported Miller’s narcotics conspiracy conviction, the evidence failed to establish that he had organized or supervised five people as required for a CCE conviction. Eiland, 738 F.3d at 356–58. After affirming and reinstating Miller’s narcotics conspiracy conviction, the court vacated his sentence, and remanded the case for resentencing. Id. at 361. (Slip Op. at 7-8). At…
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Man Burns His House, So His Ex Wife Won't Get It
Australian, Krste Kovacevski, burned down his house the day before it was going to be handed over to his ex-wife, Naumka Kovaceska, in a property settlement. He lost an appeal in which he argued that he didn't commit any crime by starting the fire. K. Kovacevski and N. Kovaceska divorced in 2015 after being separated for several years.On 22 July, 2016, a judge finalized the property settlement proceedings between the former couple and ordered K. Kovacevski to leave their cottage, where he since in 1991, and hand it over to N. Kovaceska within a couple of months.K. Kovacevski signed the transfer agreement on 3 August. But after midnight on the morning of 4 August, he set the house on fire and it was completely destroyed.According to court documents, K. Kovacevski confessed to starting the fire when police arrived at the scene and found him by a garage at the back of the property.He was convicted of intentionally destroying with fire property belonging to either his…
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Ohio Inmate Fights Execution Based on Age
Ohio death row inmate Gary Otte is motioning to have his death penalty rescinded for the third time before his execution date on September 13, 2017. Otte robbed and murdered two people on consecutive nights in 1992 and was convicted on two counts of aggravated murder and sentenced to death when he was 20 years old. The state of Ohio allows the penalty for those older than eighteen.A recent court decision in Commonwealth of Kentucky v. Bredhold found that the death penalty is unconstitutional for a defendant who was younger than 21 at the time of his offense. It cites that based on current scientific understanding that the brain and emotional development of young offenders reduces their accountability for the death penalty.Otte is arguing that his death sentence is a violation of the Eighth and Fourteenth Amendments. His lawsuits goes further to note that scientists have discovered brain systems and structures that are involved in self-regulation and higher-order cognition which…
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Kent on Congress and the Independence of Federal Law Enforcement
Andrew Kent (Fordham University School of Law) has posted Congress and the Independence of Federal Law Enforcement (Forthcoming in 52 U.C. Davis Law Review (2018)) on SSRN. Here is the abstract: Not since the Nixon presidency has the issue of...
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Sad uncertain realities behind ugly headline about child rape sentencing
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Monty Newman
Newman comes from a culture of job creation and employment growth.Herrell doesn't.Period.Newman is out working his tail off, meeting voters. The enthusiasm gap for Republicans seems at a low, and Newman needs to change that, and he'll get the opportunity when religious liberty is in the forefront of the American consciousness within the next two weeks when the Supremes announce the Masterpiece Cakeshop case, but he needs to do more. The Masterpiece Cakeshop case is going to stir up the conservative base, and right before midterms as well. Monty is extremely faith-based, so his anger and frustration will be genuine.But in the primary, it seems to me that in a district where the only topic up for discussion should be jobs, jobs, and jobs...rather than other issues that seem to me be red herrings....Newman is the right person for the jobs.Stay Independent Hobbs!
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Fissell on Federalism and Constitutional Criminal Law
Brenner Fissell (Hofstra University - Maurice A. Deane School of Law) has posted Federalism and Constitutional Criminal Law (Hofstra Law Review, Vol. 46, No. 489, 2018) on SSRN. Here is the abstract: A vast body of constitutional law regulates the...
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State Regulators Announce Cryptocurrency Crackdown
On May 21, the North American Securities Administrators Association (“NASAA”) announced a massive and coordinated series of enforcement actions by U.S. state and Canadian provincial regulators to combat fraudulent practices involving cryptocurrency-related investment products. As cryptocurrencies have gained in popularity, companies have increasingly turned to a method known as an initial coin offering (“ICO”) to raise capital. ICOs, however, are ripe for potential fraud. As the Washington Post has explained, “consumers face higher risks of being misled at a time when the intense demand for bitcoin has prompted many retail investors to take extreme steps to gain exposure to the currency…” Given ICOs’ high risk of fraud, state regulators are increasingly scrutinizing such offerings as well as other practices involving cryptocurrency-related investments. In fact, according to NASAA, state regulators have opened nearly 70 inquiries…
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Pelvic Trauma and Motorcycle Accidents
Pelvic Trauma Pelvic trauma is an injury that results from blunt force contact with your pelvic region, including your upper leg, hip, lap, and lower back. One of the most severe injuries that results from pelvic trauma is a fractured pelvis. However, there are lots of other forms of pelvic trauma, and many of them are just as severe as a fractured pelvis. They include: Broken hip Dislocated hip Bladder injuries, including perforation Nerve damage Severed arteries Injuries to the reproductive organs. Many of these injuries can be complicated with other factors in ways that can quickly become life-threatening. For example, a bladder that has been pierced from an instance of pelvic trauma can leak urine into the surrounding organs in your abdomen, to devastating effect. NH Motorcycle Accidents and Pelvic Trauma If you are involved in a crash while on your motorcycle, you are far less protected than the other people involved in the collision. While they are protected…
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SE MURIÓ UN SER HUMANO PORQUE NO HABÍA UN CIRUJANO EN LA RED ASISTENCIAL DEL GUILLERMO ALMENARA.
https://larepublica.pe/sociedad/1251327-cercado-adulto-mayor-muere-silla-hospital-esperando-atendido El señor se murió porqué NO había cirujano ¿Que les parece?. No soy médico pero si el profesional que en primer término No detectó el cuadro clínico o conociéndolo confió en que no iba a empeorar, ES UN PÉSIMO PROFESIONAL. Por otro lado, ES UNA EXCUSA INADMISIBLE sostener que se murió porqué no había cirujanos, el Hospital Ramón Castilla pertenece a la Red Almenara, NO EXISTÍA un cirujano disponible ¡¡en toda la red!!, no había ambulancias, no se pudo llamar al cirujano más cercano. Claro, sentado en mi escritorio sin el apremio de la muerte danzando puedo analizar y encontrar respuestas a una emergencia, sin embargo, NO PUEDE PASARSE POR ALTO NI PERDONAR a todo el sistema porqué se murió un ser…
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Injury Crash Arrow Highline Road, South of Julietta
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: 05/29/2018 10:50 Please direct questions to the District Office On May 29, 2018 at approximately 08:43 a.m. an injury crash occurred on Arrow Highline Road, just north of the SH3/US12 junction. A 2007 International truck loaded with propane driven by Shaun Barber, 35, of Genesee, was eastbound on Arrow Highline Road when the vehicle moved too far right and entered the right hand shoulder. The shoulder gave way under the weight of the truck. The truck rolled at least once landing on the tires on the railroad tracks below. The driver was able to exit the vehicle, close the safety valve and call for help. No propane was spilled or vented. The vehicle was…
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"In Justice Today" has now become "The Appeal"
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¿Qué Esperar en Una Demanda de Daño Person...
Demandas de Daño Personal Para manejar reclamaciones de daño personal se requiere de mucho esfuerzo y determinación. Si usted decide perseguir una demanda de daño personal, le sugerimos que primero considere el compromiso. Nuestro equipo legal ha manejado miles de casos y comprendemos cómo hacer que un caso cuente. Consúltenos hoy si ha sido herido y está considerando una demanda de daño personal. ¿Quiere usted a una persona en la que pueda confiar para ayudarle con su caso de daño personal en el Condado de Ventura? No dude en llamar a los abogados de daño personal de Ventura de nuestro equipo. Si decidimos tomar su caso, puede confiar en que proveeremos una representación incansable y enfoque en realizar todo lo que podamos para probar que usted merece recompensa financiera. Estableciendo los Elementos de Negligencia Un caso de daño personal involucra más que acusar a una persona…
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I’ve Been Arrested at a Las Vegas Club. What Do I Do?
What happens in Las Vegas doesn’t always stay here, especially when the law gets involved. If you pick up a criminal charge while you’re in the City of Lights, then your new record is going to follow you back home. Few things in life are more inconvenient. Whether you were arrested for an alleged premeditated crime or a passing lapse in judgment, it’s not always obvious what comes next. It’s vital to remember, however, that your future depends on the choices you make now. Here are some tips on taking care of your situation the right way. Putting Your Charges in Context When you’ve been arrested, your response should fit the accusations that you’re facing. It helps to start with an understanding of the severity of your charges. Why Do People Get Arrested in Las Vegas Day Clubs and Nightclubs? The reasons for police intervention vary widely. Some of the most common charges that people face involve the possession or use of illicit substances and…
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Saks data breach leads to millions of stolen customer credit cards
Saks Fifth Avenue and Lords & Taylor suffered a massive data breach in which over five million debit and credit cards were stolen from department store customers. A cybersecurity research firm said it believed a notorious group of hackers obtained customers’ financial information by preying on outdated in-store credit card systems. The card numbers were collected from May 2017 until March this year from stores in New Jersey and New York. Hudson’s Bay Company, which owns both retail chains, did not disclose the number of customers and stores that were impacted by the data breach. However, the company indicated plans to provide free identity protection to affected individuals. Gemini Advisory, a cybersecurity research firm, said a ring of Russian-speaking cybercriminals called JokerStash was believed to be responsible for the Saks hack. The group is thought to have up to 2,000 members including software developers and money launderers. Gemini Advisory said 125,000…
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When it Looks Like a Tenant is Liable for Slip and Fall on Commercial Property
More than likely, it’s one of the last things you’re thinking about it. Despite the less than ideal spring temperatures, you’re not exactly concerned about the prospect of a premises liability accident involving snow and/or ice. However, an interesting issue was just decided by the New Jersey Appellate Division. Who’s liable if you slip and fall on commercial property? The title of our article may actually be a bit of a spoiler. Understandably, your first inclination may be to place the blame on the property owner. After all, they own the premises – shouldn’t they assume responsibility for ensuring walkways, driveways, and parking lots are free of hazardous conditions? All things considered, it makes sense to think that landlords are liable for keeping their property safe. For certain, this is true for select conditions. For example, if the sidewalk is cracked or uneven – the landlord may be held responsible. Although, the local…
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Giuliani Attacks Mueller Investigation
TRANSCRIPT: Fredricka: Joining me right now CNN legal analyst and constitutional attorney, Page Pate. All right, so Page, what is there to that strategy that perhaps this is, you know, to taint public opinion, as much as it can with the, you know, bully pulpit that the White House has, to potentially avert any legal… The post Giuliani Attacks Mueller Investigation appeared first on Pate & Johnson Law Firm.
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Negative words are a downward spiral – Virginia criminal lawyer on winning
Negative words are a downward spiral – Virginia criminal lawyer on winning Virginia criminal lawyer on winning through openness, embracing all, and eliminating negative words Negative words are a downward spiral. We know that already, but negative words permeate daily dialogue, starting with car stereos blasting F-bombs and proceeding with referencing others as sex organs, and calling others choice names. As a Fairfax criminal attorney, I know that high vibrations, unblocking and zero limits are always the way to go. The temptation to spew negative words, though, merits reminders why it is best to remain on the positive path. Fairfax criminal attorney on the dogsh*t of negative words Spewing negative words is like stepping in dogsh*t. The smell follows the person who steps in it, it is uniquely disgusting, and the dogsh*t needs to dry before it will come off one’s shoes that the wearer must suffer with until arriving home or to a shoe store to wear a…
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Killing off Texas' drug-task force system: A reminiscence
State Sen. Juan "Chuy" Hinojosa called this morning to reminisce about the effort to rein in and, ultimately, de-fund, Texas' system of multi-county drug task forces, a campaign referenced in this post, and he was such an unsung hero in that story, Grits thought it worthwhile to recount his role briefly.State Sen. Juan "Chuy" HinojosaThe Tulia drug stings arguably mark the beginning of the 21st century Texas #cjreform movement, but by the time they occurred, Chuy Hinojosa was already a veteran legislator in the Texas House and was poised to chair the House Criminal Jurisprudence Committee in 2001. From that position, he carried and passed legislation to require corroboration for informants in undercover drug stings which was bitterly opposed by prosecutors and police unions. Then-rookie Sen. Leticia Van de Putte carried it in the Senate, and ended up taking on a bigger fight than she'd bargained for!The campaign for a corroboration bill took…
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