"Fourth Amendment Constraints on the Technological Monitoring of Convicted Sex Offenders"
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Motorcyclists Injured Due to Negligence May Sue for Damages
As the warmer weather has finally come to Illinois, more and more motorcyclists are enjoying the freedom of the open road. Unfortunately, every year thousands of individuals are killed and injured while riding a motorcycle. The National Highway Traffic Safety Administration reports that in 2015, approximately 88,000 people were injured and nearly 5,000 people lost their lives in motorcycle crashes. If you or someone you love has been injured or killed in a motorcycle accident, read on to learn how you can recover damages through a personal injury lawsuit. When Negligence Causes a Motorcycle Accident There are many reasons that motorcycle accidents occur. If a motorcyclist is killed or injured because another motorist was not acting with reasonable care, that victim or their family may be able to recover compensation. A motorist who is not acting with reasonable care does not fulfill his or her duty to drive safely. More specifically, a negligent driver may: Speed; Fail to…
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How To Reduce a Grand Theft to a Petit Theft (and, How to Compute the Average Net Worth of a Dairy Queen Costumer)
I love Ted Drews Frozen Custard. Their only store is in St. Louis, so every time I visit my hometown, I’m having Imo’s Pizza and Ted Drews (in that order, and probably White Castle later that night). Unfortunately, Florida has neither an Imo’s Pizza or Ted Drews. So, I really really like Dairy Queen’s Blizzard. Blizzards are the next best thing. For those of you unfamiliar with the Dairy Queen menu, a Blizzard is soft serve ice cream with sweets mixed in. Depending upon my mood, I may mix in cookie dough and peanut butter cups, or bananas, chocolate, and peanut butter. It’s just tough to say. Full disclosure: No, I have not been compensated in any way to endorse DQ’s blizzard, Ted Drews, or Imo’s. If I had any sort of inkling that mentioning products would get me some freebies, I would launch into a rant about my love of Porsche and various all-inclusive resorts. Anyway, back to Dairy…
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Texas Has Long History of Abusing Immigrant Children
The first family detention center in the United States was opened in Berks County, Pennsylvania in 2001 when a nursing home was converted into a detention facility. In May 2006, the State of Texas opened the second family detention center after it converted a medium-security prison located in Taylor, Texas into the Don T. Hutto Residential Center. These family detention centers reflected a dramatic change in the nation’s immigration policy in the wake of the 9/11 twin towers terrorist attacks in New York City. Prior to 2001, families caught entering the U.S. unlawfully was most often released as a group because there were limited facilities with the necessary bed space to house them. The parents and children of families who were detained before 9/11 had to be housed separately. The 9/11 attacks introduced much more restrictive immigration controls. A tougher, more expedited removal program immediately put into place after the attacks created…
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"Dangerous Drone Bill Emerges from Senate Committee"
From Just Security, via the NACDL news scan: It’s rare that a congressional committee tasked with overseeing homeland security approves a bill that would not only authorize sweeping surveillance, but also could pose a significant threat to public safety. But...
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Leading Causes of Home Fires in New Jersey
The smell of smoke has suddenly woken you up in your New Jersey home in the middle of the night. You can’t tell if it’s coming from inside your home, outside your home, or possibly a neighbor’s home. Then the sound of your smoke alarm soon turns those thoughts into fears. Your house is on fire! Your priority is to get your family out of your burning home. Luckily, their rooms aren’t the ones in flames (yet). After making your way through the smoke, you get to them. The only way out of your house is going downstairs which just happens to be where the fire rages on. Instead of waiting for firefighters to come to your rescue and potentially risk entrapment in your home, you make the bold choice to escape. You and your family eventually make it out, but at a cost. You and your family suffered burn injuries ranging in different severities; from first-degree to third-degree. You, your spouse, and your children all must be taken to a nearby hospital for medical…
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Trumps Misleading Executive Order on Family Separation
Beware the person who cannot accept accountability for his own missteps. Donald Trump today issued an executive order on separating parents and children at the border. He continues to blame Congress instead of his own Executive Orders for the mess... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Crash Blocking SH46 South Of Gooding
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 06/20/2018 3:55 p.m. Please direct questions to the District Office Idaho State Police is investigating a crash southbound on SH46 at mile marker 110, south of Gooding. Both lanes on SH46 are blocked. Southbound traffic is being diverted onto East 2000 South. More information will be relayed when it is available. 3451 -------------
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Prosecutorial Conduct Commission Inches Towards Enactment
On Tuesday, the New York State Assembly passed A. 5285-C, the State Commission on Prosecutorial Conduct bill that passed the Senate in a surprise vote last week. Now it’s up to Gov. Andrew Cuomo to sign it into law. Groups like Human Rights Watch and the New York State Association of Criminal Defense Lawyers will be pushing him to do just that, which would create the country’s only investigative body exclusively investigating misconduct by prosecutors. At the same time, some district attorneys around the state are likely to lobby to stop the bill. They will complain that a commission would have too much power, would dampen their ability to enforce the law fairly, and could interfere with ongoing prosecutions. They will see a violation of separation-of-powers and uncabined discretion vested in unelected commissioners including criminal defense lawyers bent on obstructing the work of prosecutors. Litigation will follow. So what does the proposed law actually say? The…
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What Happens If You’re Charged with Mul...
Being charged with drunk driving can interrupt your life. Even if you didn’t cause an accident or hurt anyone, the penalties from a DUI (driving under the influence) charge can include jail time, license suspensions, and high fines. Even worse than facing the penalties of a first-time DUI is facing the penalties for a second or further DUI. If you or a loved one was charged with multiple DUI offenses, it is important to talk to a lawyer about your case. The Ventura DUI defense lawyers at The Law Offices of Bamieh and Erickson represent those accused of DUI in Ventura and the surrounding areas, and we fight to get their charges dropped and penalties reduced. DUI Charges in Ventura, CA California’s DUI laws are simple, and the government merely needs to prove that you were under the influence and driving to convict you. CA Vehicle Code § 23152 has two potential ways this crime occurs. First, they can charge you with general…
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Loading Dock Accidents Can Result in Serious Injuries
The workday might have started just like any other one. As the warehouse manager, you pop out to the loading dock all the time. You enjoy chatting with the truckers as they drop off materials. However, today was quite different. As you watched in horror, one of your employees slipped off the loading dock. Down below, his leg was twisted, and he was writhing in pain. You’ve always known it. Loading dock accidents can result in serious injuries. If you can relate to some version of this story, it’s not surprising. Unfortunately, loading dock accidents occur on a regular basis. Meanwhile, it’s not just workers slipping and falling. OSHA records provide some insight into other types of incidents involving loading docks: The employee was chatting with other workers when a truck pulled back into the dock. The worker became pinned between the loading dock and the truck and suffered internal injuries. A forklift operator died when the left front wheel of the forklift…
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Woman Pleads Guilty To Wire Fraud
Mortgage Fraud Blog. Hollie Darlene Dustin, 60, Punta Gorda, Florida has pleaded guilty to wire fraud. She faces a maximum penalty of 20 years in federal prison. According to the plea agreement, Dustin, a licensed real estate broker, owned Home Choice Real Estate (HCRE), a company that contracted with the Federal National Mortgage Association (Fannie Mae) to manage […] The post Woman Pleads Guilty To Wire Fraud appeared first on Mortgage Fraud Blog.
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"N.F.L. Players to Trump: Here’s Whom You Should Pardon"
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Video Evidence in a California DUI Case
No longer are the days where it was the cop’s word against the driver’s word about what exactly happened when the cop pulled the driver over on suspicion of driving under the influence. Fortunately, video evidence is becoming increasingly available in California DUI cases to confirm or refute the facts of the case. Mobile video and audio recording systems (“MVARS”), often referred to as “dash cams,” were first used by law enforcement in the late 1980’s in Texas to keep law enforcement safe in remote rural areas. Back then, the camera was mounted on a tripod and the footage was recorded on a VHS cassette. Remember those? This necessarily meant that they were big, bulky and expensive. As a result, law enforcement agencies did not begin using dash cams regularly until the technological efficiency of dash cams increased, and price decreased in the late 2000’s. This is not to say that all agencies use them, because some still do not.…
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Smith on Abstention in the Time of Ferguson
Fred O. Smith (Emory University School of Law) has posted Abstention in the Time of Ferguson (Harvard Law Review, Vol. 131, No. 6, p. 2283, 2018) on SSRN. Here is the abstract: Of the roughly 450,000 Americans who are in...
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Philadelphia Personal Injury Law Firm Agrees to Start Compliance Program and Reimburse the United States for Clients’ Medicare Debts
Medicare is watching personal injury settlements and seeking to hold personal injury lawyers responsible for Medicare liens on settlements or judgment proceeds. On June 18, 2018, a Philadelphia personal injury law firm, Rosenbaum and its Associates, and its principal entered into a settlement agreement with the United States to resolve allegations that they failed to reimburse the United States for certain Medicare payments the government had previously made to medical providers on behalf of firm clients who sought medical care.The government’s investigation arose under the Medicare Secondary Payer provisions of the Social Security Act, which authorizes Medicare, as a secondary payer, to make conditional payments for medical items or services under certain circumstances. When an injured person receives a settlement or judgment, Medicare regulations require entities who receive the settlement or judgment proceeds, such as the injured person’s…
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If You Can’t Believe Everything You See On The Internet, How Is It Admissible In Court?
The internet is a powerful tool. It allows us to instantly look up the score of a game, figure out who was the 14th president of the US and find out how many miles away mars is. But is everything on the internet to be relied on? What if a police officer pulls a motorist over. The driver is asked to get out of the car. The officer says, “May I search you?” The driver answers, ” Of course officer.” During the search the officer finds numerous different pills in the driver’s pockets. He suspects the pills are controlled substances and decides to arrest the driver. When the case comes to court, can the prosecution expert rely on the internet to identify the pills as illegal? Doesn’t the crime lab have to do it’s scientific analysis? What can the prosecution expert rely on in stating his opinion? You would think that under the rule stated in People v Sanchez (2016) 63…
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//blawgsearch75.rssing.com/chan-6519914/article32818-live.html
1. US v. Reinhart, No. 16-10409 (6-18-18)(Murguia w/Gould & Freudenthal). The 9th affirms – it’s a good thing -- the district court's finding that a defendant was not subject to a mandatory ten year sentence for possession of child porn. The defendant had prior state misdemeanor convictions for possession of child porn and sexual exploitation of a child. Cal Penal Code 311.11(a) and 3(a). Applying the categorical approach, the 9th held that California's state convictions were overbroad and did not categorically match the federal convictions. They were also indivisible. The 9th rejected the government's argument that the statute's language of "relating to" for priors overrode the categorical approach. The 9th affirmed the 78 month sentence.Congrats to AFPD Ned Smock of Cal Northern (Oakland).The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/18/16-10409.pdf 2. US v.…
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Ottawa Senators Player Traded After Fiancé is Accused of Cyberbullying Another Player’s Wife
Earlier this week, the Ottawa Senators hockey team traded left winger Mike Hoffman to the San Jose Sharks, amid controversy involving the player’s fiance. According to news reports, Hoffman’s fiancé, Monika Caryk, has been cyberbullying the wife of Senators’ star defenseman, Erik Karlsson. In fact, Melinda Karlsson recently filed an order of protection against Caryk. “Today’s trade showcases our determination to strengthen the future of the team by improving chemistry, leadership and character in the locker room and on the ice. We are confident it is a step in the right direction for the long-term success of this organization,” said Senators general manager Pierre Dorion. According to the Ottawa Citizen, Caryk has been harassing Karlsson and her husband online since November 2017, even going so far as to make cruel comments about their baby who was stillborn earlier this year. “Monika Caryk has uttered numerous statements wishing…
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Waivers, Advisements, and the Totality of the Circumstances
In Boykin v. Alabama (1969), the U.S. Supreme Court declared, " It was error, plain on the face of the record, for the trial judge to accept petitioner's guilty plea without an affirmative showing that it was intelligent and voluntary." That "plain on the face of the record" language was necessary because the defendant had not preserved a claim of error on this point.The California Supreme Court quickly pounced on Boykin and elevated its references to the record into a mandate of ritual. Acknowledging that Boykin could be interpreted as either requiring that a voluntary and intelligent waiver be fairly discernible from the record or that a strict ritual was required in every case, Justice Stanley Mosk's opinion for the court went with the ritual in In re Tahl (1970). Many years and personnel changes later, that court corrected itself in People v. Howard (1992), holding that the record is sufficient if it "affirmatively shows…
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