Lucinda Vandervort (University of Saskatchewan) has posted The Prejudicial Effects of 'Reasonable Steps' in Analysis of Mens Reaand Sexual Consent: Two Solutions (Alberta Law Review, Vol. 55, No. 4, 2018, Forthcoming) on SSRN. Here is the abstract: This article examines...
Vandervort on Mens Rea and Sexual Consent
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Suspect Accused of Causing Pileup Arrested for DUI
A Palm Desert man believed to be driving under the influence was held responsible for an accident involving five cars that reportedly left one driver seriously injured. The allegedly intoxicated man also fled the scene after the initial incident occurred. Just after 12:30 p.m. on Friday in Palm Desert five cars were involved in an accident that was allegedly caused by a man driving a Nissan Altima who is suspected of having been under the influence of alcohol and possibly drugs. The Altima that the driver, later identified as 37-year-old Jeremy Tellez of Palm Desert, initially made impact with a Toyota Yaris and a Honda Civic in proximity of his vehicle. The driver of the Yaris hit the back end of a Toyota Highlander, and the Civic collided with an Ford F-150. Continue reading →
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Federal Trafficking Charges for Man with RV of Marijuana by Hondo HS?
A 36-year-old man was recently arrested for parking an RV with a large amount of marijuana across the street from Hondo High School in Medina County. While serving a search warrant, officers found 10 pounds of marijuana plants, dozens of cannabis oil cartridges, at least six guns, and $12,000 cash. Officers stated that the marijuana came from California. “We’re seeing some of the effects of the stupidity in Colorado and California here in Texas,” they said. The DEA was involved in the drug bust. Medina County sheriff’s deputies said they anticipate more arrests as part of an ongoing joint investigation. Released on bond from the local jail, the suspect is likely to face multiple federal drug charges, including drug trafficking. This case highlights that although attitudes regarding marijuana have relaxed in many states, Texas is not one of them. Possession and distribution of marijuana is still very much illegal…
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Alachua County Sex Offender Accused of Violating Probation
A sexual offender accused of violating his probation by having contact with minors has been arrested and taken into custody by Alachua County Sheriff’s deputies after he allegedly admitted to being around children. He also told authorities that an adult was always present during his contact with the minors. The 46-year-old Gainesville man is forbidden to have contact with anyone younger than 18 until a risk assessment is completed, an expert recommendation is provided to the court, and the court approves contact. The man was arrested on May 29. He arrived at the Marion County Jail on May 31 and was booked. Jail records show that he is being held without bail. His next court date is June 25. The man was released in June 2017 after serving time for a sexual offense. He’s listed as a sexual predator on the Florida Department of Law Enforcement registry. He is on sexual offender probation until June 2027. Anyone placed on probation in Florida is expected to abide by…
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Baylor Med School: [Medical] Ethicists examine law enforcement’s use of genetic databases
Baylor Med School: Ethicists examine law enforcement’s use of genetic databases by Allison Mickey: Direct-to-consumer genetic testing has gained in popularity significantly in the last few years, with more and more people sending samples of their saliva to be evaluated … Continue reading →
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The Atlantic: Drone Cops Take Flight in Los Angeles
The Atlantic: Drone Cops Take Flight in Los Angeles by Geoff Manaugh: The L.A. County Sheriff has deployed a quadcopter drone for rescue and reconnaissance. But will the public accept that these aerial officers come in peace?
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Protect your company trademark
Trademarks are a valuable form of intellectual property that help businesses brand themselves in the eyes of the public. From slogans to images to taglines, companies can register many sorts of different identifiers as trademarks. But trademarks are no good to northern Kentucky entrepreneurs if someone else uses the trademark without permission. If unauthorized trademark use is not challenged, the trademark may become useless to the owner. It is easy to think the heavy lifting is over once you have successfully filed your trademark with the United States Patent and Trademark Office. However, Entrepreneur.com points out that your trademark can be devalued in a number of ways. For one thing, your own employees might not use the trademark in the proper manner. Third parties can also use the trademark in ways that infringe upon its rightful use. Laying out terms of use is one way to combat this kind of misuse. However, a more common problem with trademark abuse occurs when…
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Baucum on Lay Judgments of the Probable Cause Standard
Matt Baucum, Nicholas Scurich and Richard S. John (University of Southern California - Center for Risk and Economic Analysis of Terrorism Events (CREATE), University of California, Irvine and University of Southern California) have posted Lay Judgements of the Probable Cause...
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Traffic Stops for Window Tinting and How it Affects Your DUI Case
Florida Statute 316.2953 provides the law on window tinting and what is legal in the State of Florida. It states that “a person shall not operate any motor vehicle on any road on which vehicle the side wings and side windows on either side forward of or adjacent to the operator’s seat are composed of, covered by, or treated with any sunscreening material or other product or covering which has the effect of making the window nontransparent or which would alter the window’s color, increase its reflectivity, or reduce its light transmittance.” The statute provides that “a sunscreening material is authorized for such windows if, when applied to and tested on the glass of such windows on the specific motor vehicle, the material has a total solar reflectance of visible light of not more than 25 percent as measured on the nonfilm side and a light transmittance of at least 28 percent in the visible light range.” What happens if a…
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Atlanta Georgia lawyer Thomas Nagel discusses gun regulation
Georgia Gun possession and Federal Regulation On a regular basis, I get questions regarding a persons right to possess a firearm. Many cases I defend have direct implications regarding my client’s right to possess firearms. Federal law prohibits possession of a firearm in 18 U.S.C. § 922(g) also called the Gun Control Act. Continue reading → The post Atlanta Georgia lawyer Thomas Nagel discusses gun regulation appeared first on Atlanta Criminal Lawyer Blog.
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Cincinnati Police Sued for Burying DNA Evidence that Kept an Innocent Man in Jail on Murder Charges
(Cincinnati, OH — June 8, 2018) Joshua Maxton has sued the City of Cincinnati and two of its police officials for suppressing DNA evidence that proved his innocence and kept him in jail on murder charges, facing a potential life sentence, for nearly seven months. The lawsuit – brought jointly by the Cincinnati law firm of Gerhardstein and Branch and the New York-based Innocence Project, Inc. – not only alleges that police officials violated Maxton’s constitutional rights, but may indicate an even more widespread pattern of suppression of DNA evidence by the Cincinnati Police Department (“CPD”). Maxton was arrested in June 2015 for the murder of eighteen-year-old Robin Pearl in the North Avondale neighborhood of Cincinnati. After being jailed for nearly a year, a jury found Maxton not guilty of the murder in June 2016. But it was only in the middle of trial that he and his lawyers learned that the police had obtained DNA evidence confirming…
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Tennessee third degree burglary is not a violent felony under ACCA; United States v. Caruthers is no longer controlling authority In Cradler v. United States, the defendant was convicted of being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)) and was sentenced as an armed career criminal (ACCA) to 222 months imprisonment. He contended in a motion to vacate his sentence under 28 U.S.C. §2255 that two of his prior convictions were no longer violent felonies under the ACCA. The Sixth Circuit held that Mr. Cradler’s Tennessee conviction for third degree burglary conviction was not a violent felony under the ACCA. The Sixth Circuit first rejected the government’s arguments that the §2255 motion was untimely and was procedurally defaulted. Since those defenses were not raised in the district court they were deemed forfeited…
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Carback on Cybersex Trafficking
Joshua Carback has posted Cybersex Trafficking: Toward a More Effective Prosecutorial Response (Updated) (Criminal Law Bulletin, Forthcoming) on SSRN. Here is the abstract: Cybersex trafficking, the trafficking of children to perform webcam sex shows for profit, is a brutal criminal...
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Domestic Violence Can Have Lifelong Effects
Domestic violence can take on many forms of physical, psychological, sexual, emotional, and economic abuse. While it certainly affects males, the main victims of domestic violence are females, the majority between ages 18 and 24. This is found to be a problem not only in New Jersey but around the world. The problem of domestic violence transcends all social, economic, religious, and cultural groups. According to the Family Violence Prevention Fund, one in three women have been a victim of some form of domestic violence throughout their lifetime. This is a result of abuse from a friend, intimate partner, or family member. The result of domestic abuse ranges from mental and emotional trauma to death. In fact, 40% to 70% of female murder victims from around the world were killed by an intimate partner. The act of domestic violence itself is cruel and unjust, but the effects run deeper and continue to affect a victim’s life long after they get help and are out of their…
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BAD DAY FOR JUDGE MILLAN AND JUDGE ORITZ; GOOD DAY FOR JUDGE FAJARDO ORSHAN .....
THE CAPTAIN REPORTS:BREAKING NEWS ..... AND IT'S NOT GOOD NEWS FOR EITHER JUDGE STEPHEN MILLAN NOR JUDGE MARIA ORTIZThe Florida Supreme Court does not take Friday's off. Today they issued two rulings, one each affecting the future of Judge Millan and Judge Ortiz. For very different reasons each judge has faced an Investigative Panel of the JQC. Both judges woes have been well documented on this Blog, on Ortiz here, and on Millan here and here.JUDGE STEPHEN MILLAN:The Florida Supreme Court issued an Order today rejecting the proposed Sanctions against Judge Stephen Millan. On May 21, 2018, Judge Krista Marx, on behalf of the Investigative Panel of the JQC, issued the following recommendation:"... the Investigative Panel of the Commission recommends to the Court that Judge Millan be suspended without pay for a period of 30-days, that he receive a public reprimand, and that he pay a $5,000 fine, to cover the administrative costs of…
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Week of June 4 - 8, 2018
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DUI WHILE SLEEP DRIVING-THE UNCONSCIOUSNESS DEFENSE IN CALIFORNIA
We know that sleep walking is a genuine disorder. It is a state of combined sleep and wakefulness leaving the sleepwalker is in an attenuated state of consciousness. Those with the disorder can even perform complex tasks behaviors while sleeping such as moving furniture around, cooking, or cleaning. In rare cases, according to the American Alliance for Healthy Sleep and other organizations devoted to sleep studies and education, a sleepwalker may get in his or her car and drive away. In a 2012 appellate case, a driver who was convicted of driving under the influence of drugsunder Vehicle Code section 23152(a), alleged that he was sleep driving and therefore not criminally liable. The driver who had taken prescription Ambien prior driving his car. He was observed driving erratically. When detained by the police, the driver appeared coherent and was cooperative, but he had glassy eyes, was swaying, and his speech was slow and slurred, but he did not smell of alcohol. The…
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HOW A DUI AFFECTS CHILD CUSTODY IN CALIFORNIA
Even one DUI has the potential to affect a parent’s right to custody of their child. Whether in Family Law Code child custody adjudications or Welfare and Institutions Code dependency hearings, a DUI can affect how the court will decide on a child custody matter. This is especially true if the child was in the car with the parentwhen he or she was arrested for DUI or if the DUI was aggravated by circumstances such as an accident, a hit-and-run,injuries, or other DUI sentencing enhancements. In a child custody battle between parents, a DUI can be used by one parent against the other to convince the court that the parent is a risk to the child. If the parent has more than one DUI, this may be especially convincing evidence and the more recent the DUI or DUIs, the more detrimental to the child it might be in the eyes of the court. The decision of the court in any child custody case is what is in the best interests of the child or children. The judges have great latitude in…
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THE OPIOID CRISIS AND THE UNSCRUPULOUS CONDUCT OF PURDUE PHARMA
OxyContin, first introduced by Purdue Pharma in 1996, was aggressively marketed to physicians, nurses and pharmacists as a superior, longer-lasting, and safer treatment for cancer-related chronic pain as well as other pain, and as a treatment for “non- malignant pain” (long-lasting pain with no identified precursor). The marketing campaign was intense even though randomized double-blind studies found that OxyContin was no more effective than opioids already in use for the treatment of pain. Purdue’s intense promotion of the drug proved to be very lucrative for the company. From the time of its introduction to 2000, a mere four years, sales of OxyContin grew from $48 million to over $1 billion. Purdue Pharma claimed that the risk of addictionto the drug was minimal, maintaining that less than one percent of those that used the drug got addicted. The company even cited studies to confirm this “fact.” We know now that OxyContin is highly…
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FENTANYL’S CHINA CONNECTION
Fentanylis the deadliest opioid of all the opioids being abused in this country. It is said to be 50 times more powerful than pure heroin, making it very easy to overdose on the drug-hence the highest rate of fatal overdoses in this country can be attributed to Fentanyl. In 2017, an estimated 19,000 people died from Fentanyl overdoses. Contributing to this epidemic is Fentanyl’s ease of manufacture and transport. It is a synthetic drug, requiring only chemicals, cheap equipment, and a little bit of knowledge to make. Most of the illicit Fentanyl on American streets are made in Chinese laboratories. Sometimes referred to as a “Drug Bazaar,” chemical laboratories operate all over China with little oversight or regulation. Many of the labs are producing fentanyl and fentanyl analogues by the tons. China denies this but there is plenty of evidence supporting the charge. Moreover, the sale of fentanyl is an extremely lucrative business. By way of example: $1,000…
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