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Smart Technology: A New Agent of Domestic Violence

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Technology, especially modern advances to today’s smart technology, are becoming the newest tools of domestic abuse. In a recent article from The New York Times, more than thirty interviews shed light on how alarming these new tools of domestic abuse have become. This new pattern of abuse is tied to the rise in smart home technology usage. Abusers are using their smartphones to control every day, internet-enabled devices to victimize their partners. Whether it’s internet-connected locks, doors, cameras, lights, or speakers, these devices are used to harass and monitor victims, so the abuser can be in total control even when they aren’t around. According to the same article, the National Domestic Violence Hotline has started receiving odd and somewhat crazy phone calls from abuse victims. Callers claimed that their abusers turn their home thermostats up to 100 degrees or their smart speakers began blasting extremely loud music. These examples, along with others…

With Justice Kennedy now retiring and precedents being reversed, is it time for marijuana advocates to urge SCOTUS to reconsider <em>Raich</em>?

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The Supreme Court generated a lot of news today, in part by reversing a significant precedent concerning labor unions and in part though Justice Antony Kennedy's retirement announcement. So what does this have to do with marijuana law, policy and reform you might ask? And I would answer with one...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/DVVzhzV9b1E" height="1" width="1" alt=""/>

Justice Kennedy Announces Retirement

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Just yesterday I wrote about how important it is to consider that whoever is elected president will decide who serves on the Supreme and other federal courts. Today Justice Kennedy announced his retirement. Unfortunately, since voters in some... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

The California DMV Has Suspended My License. What Options Do I Have to Get Back on the Road?

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Whether you are facing a potential suspension of your driver’s license or have already had your license suspended, you may have options available to you to get your driving privileges back. The keys to success are to make sure you take all of the proper steps and do them within the appropriate timeframe. To ensure that you are availing yourself to all the avenues out there for you, retain the services of a knowledgeable San Francisco DMV attorney. While it primarily focused upon the legal action pursued by a motorcyclist injured in an accident with an elderly driver, a recent case originating in Sonoma County also offers a real-life illustration of the license suspension and reinstatement process. The plaintiff was Alan, whose motorcycle was struck by Elsie in 2013. Elsie was 89 when she was issued a driver’s license in 2009. In March 2011, Elsie had an accident in which she hit a parked car several times. Based upon that incident, the local police recommended…

National PTSD Awareness Day: Exoneree Ginny Lefever Shares Illuminating Research on PTSD and Wrongful Convictions

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June 27 is National Post-Traumatic Stress Disorder (PTSD) Awareness Day in the United States. In recognition of the day and the month of June, which has been deemed PTSD Awareness Month by the National Center for PTSD, the Innocence Blog spoke with Ginny Lefever, an Ohio exoneree who has been conducting research around PTSD and its relation to people who’ve been wrongfully convicted. Lefever is one of the only people in the country focusing on this issue.  As defined by the National Institute of Mental Health, PTSD is “a disorder that develops in some people who have experienced a shocking, scary, or dangerous event.” Read below to understand what Lefever has learned through interviews with 40 exonerees about how this disorder has manifested in their lives and her thoughts on the best avenues for treatment. PTSD is a reaction to any horrific life-changing event. The single greatest hallmark of it is hyper vigilance – always being on your toes.…

Will the Law-and-Order President Hit a Second SCOTUS Home Run?

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President Trump promised to be a law-and-order President.  Nowhere are a President's actions felt longer in this area than in the judges he appoints to the federal bench, especially on the U.S. Supreme Court.President Trump's appointment of Neil Gorsuch to the Supreme Court was a home run.  That is not to say that he always rules in our favor or that I agree with everything he says.  That is to say that he has both the ability to see the issues clearly and the principle to decide according to the Constitution that the people ratified, not one made up later by judges.  That is typically all the law-and-order side needs to prevail on constitutional questions that reach the Supreme Court.Yet these issues do not divide cleanly on "liberal v. conservative" lines.  The one-dimensional left-right model of politics is deficient here.  Under the maxim of "all models are wrong but some are useful," we must be aware of the…

Tax Schemes That Could Result in Criminal Charges

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The hustle to get your taxes filed on time and to claim the maximum amount of deductions may be a distant memory, when suddenly you receive a notice from the IRS in the mail. An audit or investigation may have been opened in your case, or they may simply be requesting some further information. In either event, the prospect of tax fraud charges is a frightening one, with the potential for serious criminal penalties as well as fines and seizures or liens on property. If you have received this type of notice, the following outlines common reasons for investigations and the steps to take to protect yourself. Tax Schemes the IRS is Looking For If you are self-employed, own your own business, or are in a high tax bracket, there are a number of actions you can take throughout the year to help reduce your tax burden. Unfortunately, not all of these are legal and among the ones that are, they can easily be abused. The Internal Revenue Service (IRS) is always on the alert for…

ICE Arrests Multiple East Texan Immigrants in Three-Day Raid

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U.S. Immigration and Customs Enforcement (ICE) officers recently arrested 89 immigrants during a three-day raid in North Texas and Oklahoma. The officers conducting the raid arrested 18 individuals in Oklahoma and 71 in Texas. The arrests included 67 individuals with criminal convictions, including 88 men and one woman ranging in age from 19 – 60, and coming from ten different countries. The majority of the arrested immigrants were from Mexico, and the remainder were from nine other countries, including Guatemala, Honduras, Colombia, Nigeria, El Salvador, Laos, Nicaragua, Pakistan, and Vietnam. About ¼ of the individuals arrested previously had been deported, so they also could face up to 20 years in federal prison if convicted, in addition to deportation. Those immigrants who were previously deported will again be processed for deportation and then presented to the U.S. Attorney’s Office for criminal charges of re-entry following deportation. ICE Arrests…

Wired: Anthony Kennedy’s Retirement May Have Huge Consequences for Privacy

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Wired: Anthony Kennedy’s Retirement May Have Huge Consequences for Privacy by Louise Matsakis: Kennedy was also part of multiple unanimous decisions to expand the notion of privacy for the digital age, like Riley v. California in 2014 and United States … Continue reading →

When a Defendant Agrees to Two Trials Instead of One, Can He Claim that Double Jeopardy Bars the Second?

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A Virginia grand jury indicted Michael Currier for burglary, grand larceny, and unlawful possession of a firearm by a convicted felon for his alleged involvement in stealing a safe containing guns and cash from another man’s home in March 2012. Currier’s prior convictions for burglary and larceny gave rise to the felon-in-possession charge. To avoid having evidence about those prior convictions introduced in connection with the new burglary and larceny charges, Currier (and the government) agreed to severance of the felon-in-possession charge so that it could be tried separately. The burglary and larceny charges were tried first, and Currier was acquitted. Currier then moved to dismiss the felon-in-possession charge, arguing that the second trial was barred by double jeopardy, or, alternatively, that the government should be precluded from introducing at that trial any evidence about the burglary and larceny for which he had just been acquitted. The trial court…

Injury Crash On Interstate 84 Near the Oregon Border

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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: 6/27/2018 8:20 p.m. Please direct questions to the District Office On Wednesday, June 27, 2018, at 2:52 p.m., Idaho State Police investigated a single vehicle injury crash eastbound Interstate 84 at milepost 3, 3 miles east of the Idaho /Oregon border. Martin H. Fabricius, 86, of Meridian, was driving a 1993 Ford Thunderbird when he drifted off the right shoulder of the interstate. Fabricius then went across the lanes of traffic and collided with the metal guardrail. The vehicle continued east on the interstate and collided a second time with the barrier, coming to rest in the left lane. Fabricius and his passenger, Patricia J Fabricius, 80, of Meridian, were…

"The Hidden Law of Plea Bargaining"

USCA9 Spanked on AEDPA Yet Again

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"The Ninth Circuit's opinion was not just wrong. It also committed fundamental errors that this Court has repeatedly admonished courts to avoid."  So said the United States Supreme Court today in Sexton v. Beadreaux, No. 17-1106.The subject of these fundamental errors, once again, is the Ninth's failure to treat state courts as the coordinate courts that they are and to give their decisions the respect that the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) requires.  See the opinion for details.This has happened so many times that it is tempting to say it is "dog bites man" and not news, but that is too flippant.  For a court at the second tier of our judicial structure to repeatedly and flagrantly violate the law is no small matter.  And, as the late Judge Reinhardt reportedly said, "they [the Supreme Court] can't reverse them all."In this case, the patently wrong decision was issued per curiam,…

How Social Media Can Hurt Your NJ Personal Injury Case

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Social media is an excellent opportunity for sharing different aspects of your life. That said, it is also an invitation for disaster. You might already refrain from posting about your political opinions. Meanwhile, there’s also no doubt that what you share about your daily activities can come back to haunt you. Consider the young lady who goes out for an evening on the town with her friends. As far as she’s concerned, there’s nothing wrong with dancing the night away. After all, she feels up to it. So, what’s the big deal? It might even be something the dancing queen decides to share on her own. One of her dance partners captures her on video as she boogies away. The injury victim is “tagged” in the YouTube video, and the post is made public. A big deal?  Or, not? You decide. Maybe a random night of feeling good is no biggie. However, the harm comes during the young woman’s deposition. Defense counsel asks the claimant if any of…

***Final Update*** Injury Crash Blocks Interstate Traffic in Nampa

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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: 6/28/18 12:00 p.m. Please direct questions to the District Office ***Final Update*** On Thursday, June 28, 2018, at 7:16 a.m., Idaho State Police investigated a three-vehicle injury crash eastbound on I84 at mile marker 33, near the Karcher Bypass Interchange. A juvenile driver was driving eastbound on I84 in a 1998 Dodge Dakota. The juvenile driver approached slowing traffic ahead, changed lanes, and struck the rear of a 2015 Ford Transit Van. The Ford was pushed into the rear of a 2009 Pontiac Vibe, driven by Kevin J. Hardy, 46, of Brigham City, UT. The driver of the Ford, Marsha G. Macedo, 60, of Payette, was transported by ground ambulance to St. Alphonsus Medical…

Injury Crash Blocks Westbound I84 Traffic Between Meridian and Nampa

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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: 6/28/18 12:02 p.m. Please direct questions to the District Office At this time, Idaho State Police is investigating an injury crash westbound on I84 at milepost 40, near the Ada/Canyon County line. The two right lanes of travel are blocked. More information will be relayed as it becomes available. 3413 -------------

Alexander Klein pens article for Law360

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Barket Epstein attorney Alexander Klein recently authored an article entitled, ‘Civil Forfeiture Abuse Is A Challenge To Civil Rights’ for the legal publication Law360. Click on the link to read the article. Civil Forfeiture Abuse Is A Challenge To Civil Rights The post Alexander Klein pens article for Law360 appeared first on Barket Epstein & Kearon, LLP.

What’s in Store for Alleged Sex Ring Operators in Dallas

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What’s in Store for Alleged Sex Ring Operators in Dallas   Two ring leaders of a sex trafficking operation were recently arrested in the Dallas area on multiple offenses. In this post, we’ll discuss their arrest and the laws and penalties for sex crimes in the state of Texas.   Dallas Couple Arrested on Sex Ring Operation Charges   Federal authorities arrested a West Dallas couple on suspicion of operating a sex ring in which multiple women were being exploited for prostitution.   The case broke in April 2018 when one of the victims escaped the couple’s home, jumped into a nearby ice cream truck, and begged the driver to take her to the police.   Three other victims alleged they were raped by the man and beaten by the couple. The couple reportedly gave the victims illegal drugs like cocaine, ecstasy, and heroin to manipulate their behavior before they were prostituted.   Court documents indicate that the couple had been operating…

The Biden Rule, Again

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This is 2018.  For those of us who can do elementary mathematics, that is a year divisible by 2 and not by 4.  In American politics, that means it is a year for election of the House of Representatives and 1/3 of the Senate, but not the President.Yet with Justice Kennedy's retirement, people are talking once again about "the Biden Rule," a custom that Senator Biden discussed on the floor of the Senate in 1992 (a year divisible by 4) and said he was prepared to invoke in the Democratic-controlled Senate in the event of a Supreme Court vacancy (there wasn't one).  The Republican-controlled Senate actually did invoke that rule in 2016 (a year divisible by 4).I have linked to the Congressional Record page on this in a previous post.  This time I will quote it at length after the break, with emphasis added. Having said that, we face one immediate question: Can our Supreme Court nomination and confirmation processes, so racked by…

Gorsuch Dissent in Cell Phone Case Portends Things to Come

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During his confirmation for, and swearing in as, an associate justice to the U.S. Supreme Court, Neil Gorsuch vowed to be a servant to the Constitution. That sworn allegiance does not apply to the Fourth Amendment of the Constitution. In a 20-page dissenting opinion in the Court’s June 22nd 119-page ruling in Carpenter v. United States, Justice Gorsuch made it abundantly clear that he wants to dismantle the Fourth Amendment by overruling decades of court precedents dealing with reasonable expectation of privacy protections.   Some background context is in order.   Privacy of Cell Phone Location Records   The Supreme Court in 2015 refused to hear a case from the 11th Circuit Court of Appeals which held that the police do not have to secure a search warrant to secure cell phone location records stored by a service provider. The Eleventh Circuit reasoned that a warrant is not necessary because the records belong to a third party. This is known as the…
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