Collateral consequences refer to the additional indirect penalties that you may encounter after you have been convicted of a crime. These are not the direct penalties that you receive as a result of a plea bargain or trial, such as a jail sentence, but they are other temporary, long-lasting, or even permanent consequences that are likely to affect your everyday life following your conviction. The exact nature of these collateral consequences will depend on the type of criminal conviction that you have, and a drug conviction in Texas results in very specific and serious consequences. For example, you may become unable to request federal financial aid that would enable you to attend college if you are convicted of a drug offense. Any type of felony conviction can prevent you from voting in federal, state, and local elections for the rest of your life. Likewise, any type of felony conviction can permanently prevent you from owning a firearm. Your driver’s license can be…
The Collateral Consequences of a Texas Drug Conviction
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*Update 4 * Crash State Highway 21 near Warm Springs Bridge Three Miles East of I-84
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: 6/23/18 4:30 p.m. Please direct questions to the District Office **Update 4** Taber Herrera succumbed to his injuries at Saint Alphonsus Regional Medical Center in Boise. 3638/3939 **End of update** *Update 3* On Wednesday, June 20, 2018, at approximately 7:45 a.m., Idaho State Police investigated a two-vehicle injury crash on SH-21 near the Warm Springs Bridge, in Ada County. Taber J. Herrera, 21, of Nampa was driving a 2006 Subaru Legacy northbound on SH-21. Zachary N. Renslow, 26, of Boise was driving a 2012 Ford F150 pickup southbound on SH-21. Herrera's vehicle crossed the center line striking the Ford F150. Herrera was transported via ground ambulance to Saint…
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California Orthopedic Doctor Charged With State Insurance Fraud for Allegedly Providing Unnecessary and Excessive Medical Treatment for Ortho Patients
California county district attorney offices continue to prosecute health care providers for insurance fraud and workers' compensation insurance fraud. They are also using Indictments more often to put more pressure on the defense as a recent case demonstrates.On May 30, 2018, a San Joaquin County criminal grand jury indicted Dr. Gary Royce Wisner on 11 felony counts of insurance fraud for allegedly defrauding insurers of more than $700,000 for providing unnecessary and excessive medical treatment including x-rays for orthopedic patients. Dr. Wisner will be arraigned on June 26, 2018 in San Joaquin County Superior Court. The case may have overlapped with a Medi-Cal complaint or allegation since in May 2017 the Bureau of Medi-Cal Fraud and Elder Abuse executed a search warrant and seized documents. The investigation was multi-agency and also included the California Department of Insurance and the U.S. Department of Health and Human…
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Judges rubber stamping capital writs, warrants now required for cell-phone location data, managed-assigned-counsel systems still suck, and other stories
Here are a few odds and ends that merit readers' attention:Austin admits police oversight system didn't do muchGrits has said for years that Austin's civilian review panel for police was more or less worthless as oversight. They make fine recommendations, but none of them are ever implemented, as the Texas Criminal Justice Coalition demonstrated in a report last year. Now, a city auditor's report has agreed, finding that none of the civilian review panel's recommendations under the old system were ever implemented. See coverage from the Austin Monitor.Lawsuit: Austin PD failed to properly investigate sexual assault casesSee coverage from the Daily Beast. Putting a pin in this one to look at later. Given that Austin PD's DNA lab has already been shut down because they were performing the tests wrong, it's not hard to imagine some cases aren't aggressively pursued when they should be.Bexar should reject calls for…
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Injury crash NB US95 at Kathleen Ave, Coeur d'Alene
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: 06/23/2018 04:35 PM Please direct questions to the District Office On June 23rd, 2018 at 09:11 AM the Idaho State Police investigated an injury crash northbound US95 at Kathleen Avenue in Coeur d'Alene. Michael Schaffer, 27 of Coeur d'Alene, was travelling northbound on US95 in a Black 2000 Jeep Cherokee when he side swiped William Harris, 56 of Athol, driving a silver 2016 Chevy Silverado. Harris was stopped in the left turn lane to go westbound on Kathleen Avenue. After Schaffer's vehicle made contact the vehicle rolled and came to a rest on the north side of the intersection on its top. Both drivers were wearing seatbelts. The investigation is…
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Eighth Circuit Court of Appeals Rules Judge Violated Defendant’s Rights by Using Stun Belts in Court
The Eighth Circuit Court of Appeals in El Paso, Texas, has thrown out the conviction of a man whom State District Judge George Gallagher repeatedly ordered to be shocked with a stun belt during his 2016 trial on charges of soliciting sexual performance from a 15-year-old girl. When defendant Terry Lee Morris refused to answer the judge’s questions properly during the trial, the judge ordered the bailiff to shock Morris three times. Morris was so afraid of being shocked further that he refused to return to the courtroom during the remainder of his trial and for most of his sentencing hearing. The Eighth Circuit Court found that shocking Morris effectively removed him from the courtroom, which violated the Sixth Amendment to the Constitution, which guarantees him the right to be present during his trial and confront witnesses against him. Tarrant County law enforcement officials sometimes strap stun belts around defendants’ legs in order to prevent them from becoming…
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NBC NEWS INTERVIEW WITH DAVID STEIN ON DNA TESTING AT THE BORDER:
Using DNA Kits to Reunite Families Raises Privacy Concerns, Experts Say
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Crash on Highway 24 near Shoshone blocking traffic.
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: 6/23/18 9:50 p.m. Please direct questions to the District Office Idaho State Police and Shoshone Police are currently on scene of a crash on State Highway 24 near milepost 67, about one mile east of Shoshone. The highway is currently blocked in both directions. More details will be released as they become available. 3318 ------------
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Man Attempts Paying His Bill with Waitresses Stolen Credit Card
A man from Pine Bluff, Arkansas, is facing charges after he allegedly stole a woman’s purse out of her car at a gas station, and later tried to use the victim’s credit card to pay his food bill at the restaurant where she worked. On Sunday, June 17, Flora Lunsford was at a United Filling Station and went inside of the convenience store. She had left her purse unattended and locked in her vehicle. When she returned to her car she noticed that someone had forced the door open and that her handbag and its contents, including her identification and credit cards, was no longer inside. When the authorities were investigating the robbery they reviewed the video taken from the surveillance camera at the gas station. The footage reportedly showed a car parked in front of the gas pumps that was there before Lunsford had arrived. Continue reading →
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**Update** - One lane open - Crash on Highway 24 near Shoshone blocking traffic.
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: 6/23/18 9:50 p.m. Please direct questions to the District Office **Update** One lane of travel has been cleared for traffic. Investigators are still at the scene of the crash. ** End of update** *** *** *** *** *** *** *** *** *** *** Idaho State Police and Shoshone Police are currently on scene of a crash on State Highway 24 near milepost 67, about one mile east of Shoshone. The highway is currently blocked in both directions. More details will be released as they become available. 3318 ------------
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Remarkable tale of how uncertain criminal laws and their enforcement can produce extraordinary punishment inequities
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D.Mass.: USMJ’s spouse’s employment as a doctor at a related institution that was a victim doesn’t make her not neutral and detached when she signs SW
The USMJ here was still neutral and detached. The victim of the crime was a non-profit associated with Harvard. Her husband worked as a doctor for hospital associated with Harvard. That wasn’t a close enough relationship to require recusal. United … Continue reading →
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DE: Facebook messages def was reselling MMJ was part of the PC
A medical marijuana provider told police that it appeared that defendant was reselling that which she acquired legally. They messaged her through Facebook, and she essentially admitted it. The search warrant was issued on probable cause and the Facebook posts … Continue reading →
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Case o' The Week: Big To Do, "Related To" - Reinhart and Categorical Analysis of Child Porn Priors
Ninth delivers a “narrow” defense win.United States v. Reinhart, 2018 WL 3016942 (9thCir. June 18, 2018), decision available here.The Hon. Judge Mary MurguiaPlayers: Decision by Judge Murguia, joined by Judge Gould and D. Wyoming Chief District Judge Freudenthal. Big win for (former, and sorely-missed) ND Cal AFPD Ned Smock (Oakland), (soon to be D. Md. AFPD Ned Smock). Facts: Reinhart plead guilty to possession of child porn. Id. at *1. Under 18 USC § 2252(a)(4)(B), a defendant convicted of this offense, who has two priors “relating to” the production, possession, etc. of child porn faces a ten year mandatory minimum sentence. Id. Reinhardt had been convicted of possession of child porn, Cal. Penal Code § 311.11(a), and sexual exploitation of a child, in violation of Cal. Penal Code § 311.3(a). Id. “At sentencing . . . the government argued that the words ‘relating to’ in § 2252(b)(2)…
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Supreme Court Expands Privacy Rights for Cell Phones
In a closely-watched decision regarding the privacy rights of cell phone users and the power of the police to obtain cell phone tracking information, the United States Supreme Court ruled that the police must obtain a warrant before obtaining the tracking information for the cell phones for most cellphone users. Timothy Carpenter was suspected in a series of robberies of RadioShack and T-Mobile stores in several States throughout the country. The FBI had obtained a simple court order allowing them to obtain 27 days of Carpenter’s cell phone location data from Sprint and from MetroPCS. The court order that had been used by the FBI was a simple court order that did not require that the FBI show probable cause for a search warrant. In response to the court order, the FBI was given a 12,898 location point catalog of where Carpenter had been over a period of 27 days. The location data represented an average of 101 data point locations per day. Carpenter was eventually…
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Dive into the Supreme Court Case Requiring Police to Get Warrant for your Cell Phone Location Data
Carpenter v. United States - Supremes require police to get a warrant if they want your cell phone location data.The United States Supreme Court just decided what is widely viewed as a major privacy case. As a result, of the close decision (5-4), the Government will need to obtain a search warrant in order to access your cell phone location data. In the case before the Supreme Court, the Government had obtained Mr. Carpenter's cell phone location data without a search warrant, according to a federal law permitting law enforcement to obtain such records simply on a showing of what amounted to potential relevance to an investigation.Wait, you mean they didn't need a warrant before?Perhaps you are a bit surprised that this was even an issue. How would the Government be able to get access to your personal cell phone records without some kind of warrant, you may well ask.And the answer, until a few days ago, was that strictly speaking, the cell phone…
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Jared's Peace Deal Doesn't Include Abbas
I don't know how you make a peace deal in the Middle East without Israel and Palestine being on board. Jared is going to do it we're told, even without Abbas. He thinks his plan is so good he can just release it to the media and the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Trump: No Court, No Judge, Just Immediate Removal
Donald Trump continues his outlandish attempts to rip the fabric of our country's most cherished principles: Today it's due process. According to Trump, we don't need no stinkin' trials, or judges. “When somebody comes... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Buying AI for Law Firms: Like a Trip to the Auto Show
An entire day at a conference on artificial intelligence and the law last week in Chicago produced this insight about how lawyers are dealing with the fast-changing world of artificial intelligence: Many lawyers are like someone who knows he needs to buy a car but knows nothing about cars. He knows he needs to get from A to B each day and wants to get there faster. So, he is deposited at the largest auto show in the world and told, “Decide which car you should buy.” Whether it’s at smaller conferences or at the gigantic, auto-show-like legal tech jamborees in Las Vegas or New York, the discussion of AI seems to be dominated by the companies that produce the stuff. Much less on show are people who use legal AI in their everyday lives. At my conference, the keynote address (and two more panels) were dominated by IBM. Other familiar names in AI in the world of smart contracting and legal research were there, along with the one of the major “old tech”…
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U.S. Now Approving Far Fewer Muslim Immigrants, Refugees, and Visitors
National Public Radio is reporting that no matter the outcome of the case involving the so-called Muslim travel ban before the U.S. Supreme Court, the Trump administration has been largely successful in implementing its own version of a Muslim ban. Since Trump took office last year, statistics show that Muslim immigration to the U.S. has dropped precipitously. Thousands of immigrants have borne the brunt of rapidly changing federal immigration policies, as their families have been forced to remain scattered across the world. Moreover, these immigration policies have disproportionately affected Muslim immigrants. For instance, as compared to 2016, monthly arrivals of Muslim refugees are down 91 percent this year thus far. Meanwhile, immigration from countries whose populations are predominantly Muslim is down 26 percent, and temporary visas granted to visitors from those same countries is down 30 percent. In 2016, one in two refugees were Muslim; at the current time, only one…
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