Throughout San Jose and the entire Bay Area, there are numerous parks, restaurants, shopping plazas, and other venues which are friendly to four legged companions. While being able to take your dog with you on outings allows for plenty of advantages, it also comes with a certain amount of responsibility. Individual pet owners are responsible for their dogs behavior, and can be held accountable when dog bites resulting in serious personal injuries occur. Consider the following tips on how to protect yourself when encountering a dog, either with the owner or unattended, as well as what to do in the event a bite or attack occurs. Protecting Yourself Against an Attack The Silicon Valley Animal Control Authority is responsible for enforcing state and local animal ordinances in our area. The majority of calls they receive are in regards to roaming dogs, despite local ordinances that require pets to be confined in an owner's yard or leashed when in parks and…
Dog-Friendly Locations Require Some Caution
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Fatal Crash eastbound SH 53 @ Pleasant View Rd, Hauser
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: < 06/21/18 06:55 p.m. > Please direct questions to the District Office On June 21, 2018 at approximately 2:47 p.m. a fatal crash occurred on State Highway 53 at Pleasant View Rd, in Hauser, Idaho. A silver 2014 Kia Forte driven by a female juvenile was stopped in the westbound turn lane on State Highway 53 and was turning onto southbound Pleasant View Rd when she collided with a black 2017 Harley Davidson Motorcycle driven by Chad M. Bangs, 44, of Spokane, Washington who was traveling eastbound on State Highway 53. Bangs was ejected from the motorcycle and was pronounced deceased at the scene; he was not wearing a safety helmet. The female juvenile was…
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Police Discover Felon in Possession of Hundreds of Firearms
After the authorities received information that a felon residing in Agua Dulce had a sizeable amount of ammunition and weapons in his possession they uncovered what they identified as a large arsenal in the suspect’s residence. Manuel Fernandez, a 60-year-old man, lives in Agua Dulce, California, where he allegedly keeps several hundreds of firearms and pieces of ammunition despite the fact that he has a prior felony conviction disallowing him from owning the weaponry. The Los Angeles County Sheriff’s Station located in Palmdale was provided with a report about Fernandez regarding the suspicion of what he keeps stored inside of his dwelling. Continue reading →
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How to Cope With Holidays After a Divorce
Parents who are divorcing seldom think about the fine details of their parenting plan until they have to sit down and draw it up. The holidays after a divorce can be a particularly difficult period for newly separated families. Tensions often boil over during holidays such as Christmas and July 4 when custody of the children or divorce is likely to alternate or is split. Newly divorced or separated parents should always be aware this is a stressful time for their children and should aim to preserve some continuity with their previous holiday traditions. Custody orders are intended to be in the best interest of the children. That usually means spending time with both parents. Coping with the holidays after a dovorce Here are some tips for the holidays after divorce. 1 Co-operate with your ex-partner Divorcing spouses should remember the holidays should still be a wonderful experience for their kids. They should set their differences aside and work together to ensure their kids…
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Cell Phone Data Case Decided
This morning the U.S. Supreme Court decided the long-awaited case on police access to cell-phone location records, Carpenter v. United States, No. 16-402. Chief Justice Roberts' opinion for the bare majority trims back the "third party" doctrine that one has no reasonable expectation of privacy in information belonging to and in the custody of a third party such as a telephone company. As a result, police will need a warrant supported by probable cause to obtain cell phone location records. The dissenting opinions have a variety of interesting perspectives, including questioning whether "reasonable expectation of privacy" is a valid basis for deciding the reach of the Fourth Amendment at all.As important as all this is, none of it has anything whatever to do with the justice of the criminal case actually before the Court. Was Timothy Carpenter or was he not the mastermind of a series of robberies in which his henchmen…
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Was There Prosecutorial Misconduct in Your New York Criminal Case?
All criminal defendants in New York have a constitutional right to a fair trial. But a fair trial requires prosecutors who act fairly and in accordance with the law, applicable rules of procedure, and their ethical obligations. When that doesn’t happen, when prosecutors engage in legally and ethically improper conduct in their quest for a guilty verdict, it is a violation of a defendant’s constitutional rights, and might be the basis for overturning a conviction or the recovery of damages in a lawsuit for the violation of the defendant’s civil rights.
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"Age Differences in Daily and Nondaily Cannabis Use in the United States, 2002–2014"
The title of this post is the title of this recently published article in Journal of Studies on Alcohol and Drugs. Here is its abstract: Objective: Adult cannabis use has increased in the United States since 2002, particularly after 2007, contrasting with stable/declining trends among youth. We investigated whether specific...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/TAaQqyKVW70" height="1" width="1" alt=""/>
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Consent, Double Jeopardy, and Issue Preclusion
The Fifth Amendment protects against a second trial "for the same offence." What happens when a defendant with two different but related charges requests two trials and the first ends in acquittal? Can he block the second trial on the ground that an essential issue was resolved in his favor in the first one? No, the U.S. Supreme Court said today in Currier v. Virginia, No.16-1348. You can't complain when you get what you ask for. Well, maybe you can, but it won't do you any good.Along the way, Justice Gorsuch's opinion for the majority casts some doubt on Ashe v. Swenson (1970), the famous or notorious (depending on your point of view) case that read into the Constitution a rule against retrying an issue resolved in the defendant's favor in an earlier trial for a different but related offense. "Ashe's suggestion that the relitigation of an issue can sometimes amount to the impermissible relitigation of an…
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Prosecutorial misconduct of systematically injecting inadmissible evidence into child pornography trial was plain but did not warrant reversal; application of obstruction of justice enhancement erroneous and warranted remand for resentencing, even where district court imposed a downward variance
United States v. Welshans, Appeal No. 16-4106 (3d Cir. June 14, 2018), 2018 WL 2976804Welshans challenged his conviction and sentence for distribution and possession of child pornography. The Third Circuit rejected Welshans's argument that the prosecution violated his due process right to a fair trial by informing the jury that the files on his computer included deeply abhorrent videos and images of bestiality, bondage, and violent sexual assault of very young children. At trial, the district court had admitted, with limiting instructions, two videos, without sound, which lasted two and a half minutes. The rest of the collection was excluded under Rule 403 and United States v. Cunningham, 694 F.3d 372, 391 (3d Cir. 2012). However, the government introduced exhibits which gave detailed paragraph-length descriptions of gruesome images and disturbing file names, and also elicited testimony from three agents that the images the jury saw were not the worst of what…
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Illinois Fathers Near Bottom Nationally in Parenting Time
Fathers’ rights advocates and some Illinois lawmakers are pushing for 50-50 parenting time to become the default when parents divorce or separate. Illinois law currently presumes that it is in a child’s best interest to spend a majority of the time with one parent unless proven otherwise. Fathers claim that this puts them at a disadvantage in receiving parenting time because mothers are more likely to have a majority of parenting time. A recent study by the child custody scheduling service Custody X Change seems to support the argument. The results ranked Illinois fathers as having one of the lowest percentages of parenting time amongst all of the U.S. states. Study Findings Custody X Change surveyed family law attorneys in the most populous county in each state to determine what the most common parenting plan is for that state. Researchers used cases with no extenuating circumstances, such as a long distance between the parents or legal limitations…
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Idaho State Police news release - two arrested on charges of trafficking heroin near Pocatello
For Immediate Release June 22, 2018 Contact: Tim Marsano, ISP Public Information Officer, 208.884.7122 On June 21st 2018 at approximately 11:45 p.m., Idaho State Police detectives arrested Miles A. Prescott, 27, and Daniel A.J. Shinney, 28, both of Pocatello, on charges of Trafficking Heroin, 28 grams or more in violation of Idaho Code 37-2732(B)(6)(c). The two were arrested while traveling on I-15 just south of Pocatello and booked into the Bannock County Jail. Prescott and Shinney were in possession of 268.6 grams of heroin and other drug paraphernalia when they were arrested. The arrests were the culmination of a heroin trafficking investigation by the Idaho State Police and the Drug Enforcement Administration (DEA), Pocatello Office. The 268 grams of heroin is one of the largest-ever heroin seizures in southeastern Idaho. ###
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Are DHSMV Hearing Officers Training the Officers on How To “Win” the Formal Review Hearing?
Congrats to Lee Lockett, a DUI defense attorney in Jacksonville Beach, FL. I cut and paste below a really important ruling he just obtained during a writ of certiorari against the Department of Highway Safety and Motor Vehicles (DHSMV). The ruling is important for two reasons. First, it points out the problem with hearing officers […]
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Blocked Roadway US12 at Rubens Gifford
The Idaho State Police are currently investigating a crash on US12 at milepost 19, Rubens Gifford. The roadway is completely blocked at this time. We will advise when the roadway is cleared. MKS
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HPD Arrests 39 Men for Sex Trade and Prostitution Crimes in May
The Houston Police Department released the mugshots of 39 men who were arrested for solicitation or compelling prostitution in May of 2018. These 39 arrests bring HPD’s total sex trade-related crimes to 150 for the year 2018. One of the main reasons why these photos have been released is to spread awareness of human trafficking… Read more about HPD Arrests 39 Men for Sex Trade and Prostitution Crimes in May The post HPD Arrests 39 Men for Sex Trade and Prostitution Crimes in May appeared first on The Law Office of Matthew D. Sharp.
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Baughman on The History of Misdemeanor Bail
Shima Baradaran Baughman (University of Utah - S.J. Quinney College of Law) has posted The History of Misdemeanor Bail (Boston University Law Review, Vol. 98, No. 837, 2018) on SSRN. Here is the abstract: Bail is one of the most...
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Cops must have a warrant to access cellular location information
Today, the Supreme Court released the opinion in Carpenter v. United States. The Court held the Government’s acquisition of Carpenter’s cell-site records was a Fourth Amendment search. The Court found Carpenter had a reasonable expectation of privacy in his location information, even though it was shared with his wireless carriers. What does this mean for […] The post Cops must have a warrant to access cellular location information appeared first on Blass Law PLLC.
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A Few Drinks and Lead to a Slip and Fall
You’re at a bar and like most places, there are a few drinks spilled every now and then, or maybe an unsuspected leak coming from the ceiling. Either way, you’re walking back towards your friends in the dimly lit bar and, without caution, come across a wet patch on the floor. You slip and hit your head hard, probably resulting in a concussion or much worse. Sure, you had a few drinks, but you were in sound enough mind to walk straight. There should have been a “wet floor” sign, or better yet someone should have cleaned up the mess. What can you do? Slip and falls, while on a bar or club’s property, is considered premises liability in New Jersey. Through this, the owner of said property may be held liable. For that to happen, the owner or possessor of the property must be proven to have known about the dangerous condition or situation present and neglected to take care of it. At the same time, it must not be an obvious and avoidable risk that…
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"Gideon Incarcerated: Access to Counsel in Pre-Trial Detention"
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New Orleans Immigration Protestors Charged With Disturbing the Peace
Jeff Sessions was in New Orleans this week to speak in front of the National Sheriffs’ Association. On Monday, June 18th, as Sessions spoke inside, protestors gathered outside the Enerst N. Morial Convention Center to […] The post New Orleans Immigration Protestors Charged With Disturbing the Peace appeared first on Bloom Legal.
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Ohio Innocence Project Client Exonerated After Spending 17 Years in Prison for a Crime DNA Proves He Didn’t Commit
Yesterday in Cleveland, OH, Christopher Miller was exonerated after spending 17 years in prison for a crime DNA proves he did not commit. Miller was freed with the assistance of the Ohio Innocence Project. In 2002, Miller was convicted of kidnapping, aggravated sexual assault and robbery and sentenced to 44 years in prison. On the day after the crime, police located the victim’s cellphone in Miller’s possession, which made him the prime suspect. Miller claimed he’d purchased it from a stranger on the street in exchange for drugs and maintained his innocence. The victim later identified him as one of her attackers. Pretrial DNA testing of the rape kit excluded Miller and revealed an unknown male profile. The prosecutor argued that the unknown profile must’ve belonged to Miller’s accomplice, since the victim claimed that two men had attacked her. Miller was ultimately convicted based on the victim’s identification of him and his possession of…
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