https://elcomercio.pe/politica/gobernar-corto-cosas-importantes-noticia-532246 Cuarenta meses de gobierno NO es poco tiempo para la o las tareas que debamos emprender. m. vizcarra declara que al término de su gobierno se verán los resultados del ejercicio honesto y comprometido de su mandato. Si esa declaración la hubiera hecho Hugo Chávez o Nicolás Maduro en la presente hora, tendrían mi voto de confianza, pero una persona sujeta de un collar con un largo cordel o sujetador que el amo ya empieza a recortar, no me inspira nada, salvo asco. Dice ser honesto pero apoya la utilización de los medios privados para comunicar las acciones del Estado teniendo TODA la infraestructura del Estado para suplir con ventaja la utilización de esos medios privados, me hablan de un político sin capacidad de decisión, más importante es congraciarse con el poder del dinero -del que puede obtener…
MARTÍN VIZCARRA Y EL TIEMPO PARA ASEGURAR SU FUTURO
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Lawrence Crosby: A Black Man And His Car
He was a Ph.D. student in materials engineering at Northwestern University, which is nothing to sneeze at. But Lawrence Crosby had two strikes against him, one permanent and one by his choice of attire that evening. It was the old racist joke come to life, and a woman* saw a black man in a black hoodie getting into a car.** What else could it be but grand theft auto? So a student is getting into his own car, and a vigilant woman sees something and says something, because she has no idea whether the car belongs to Crosby, but why not? Thereupon, the Evanston, Illinois cops do their magic. I was face down on the pavement. One police officer was kneeing me in the back, while others pulled or punched. They paid no attention to my screams identifying myself as an engineering PhD student at Northwestern University. They just kept punching. One shouted, “Stop resisting!” Even in his retelling, Crosby goes light on what went so very wrong. It’s understandable that…
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GET A LIFE
We received this comment over the weekend:Anonymous said...Why does Rumpole take the weekend off - and not put up comments. Come on Man. I check it a hundred times for updates on Saturday and Sunday. Please comply - or I’m going to start following the civil courthouse and Flagler Street. Help!Sunday, July 01, 2018 1:33:00 PMRumpole to Anonymous: Get a life. Coming soon (hopefully today) Kennedy and Casey: A brilliant legal analysis of one of Justice Kennedy's impactful opinions by the best legal blogger on earth. Site Feed
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Baughman on Bail
Shima Baradaran Baughman (University of Utah - S.J. Quinney College of Law) has posted The Bail Book: A Comprehensive Look at Bail in America's Criminal Justice System - Introduction (Cambridge University Press (2017)) on SSRN. Here is the abstract: Mass...
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Short Take: Toobin’s Bomb
After Adam Liptak’s page one news story at the New York Times explaining why the First Amendment is a conservative weapon, Jeffrey Toobin joined the party. The party is the Democratic Party, and it’s the last ditch effort to feed the hysteria and undermine whatever trust and integrity there may be in the Supreme Court. After all, they may not be able to stop Trump from nominating Justice Kennedy’s replacement, but they can sure as hell feed the frenzy to turn the Least Dangerous Branch into the impotent cabal of disingenuous partisan scoundrels. The Supreme Court has no army to force Americans to do as it rules, so it relies on our acceptance of the proposition that it is an honorable institution. Or in the alternative, that without trust in the legitimacy of the Court, we devolve to anarchy. Toobin has made his choice. It’s all the more important, then, to articulate in plain English what, if such a nominee is confirmed, a new majority will do. Some of…
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North Carolina Domestic Protective Orders
Domestic protective orders—also called 50B orders in North Carolina—give victims of domestic violence a variety of protections by restraining the actions of the abuser. A violation of a 50B order is a Class A1 misdemeanor in North Carolina. Following is a brief explanation of the requirements and procedures for getting a North Carolina domestic violence protective order. The Personal Relationship Test 50B orders can be used against anyone with whom you have a personal relationship. This includes any of the following relationships: current or former spouses persons of the opposite sex who live or have lived together your child’s parent persons of opposite sex who have been in a dating relationship parents or children, including grandparents and grandchildren current or former household members If the person does not satisfy this test, you may have also legal options, so consult a North Carolina domestic violence attorney. The protective order can be used when…
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Notable Sixth Circuit panel reverses as procedurally unreasonable big upward variance in cocaine sentence based on opioid overdoses
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NH Car Accident with Moose ?!
Two people suffered serious but non-life-threatening injuries when they were involved in a car accident with a moose. The incident highlights how dangerous a crash with a wild animal can be. Car Hits Moose: Two Hurt The incident happened on May 26, 2018, in Campton, New Hampshire. The driver and a passenger of a Mini Cooper were traveling northbound on Interstate 93 when a moose appeared in front of them on the roadway. The driver was not able to avoid hitting the moose head-on, and ended up driving into the trees on the side of the highway after the collision. While the driver was able to walk away from the crash, the passenger was trapped inside the vehicle. People who stopped to help after the crash were able to pry the roof far enough to get the passenger out of the car. Both the driver and the passenger were brought to the hospital for treatment. Their injuries, while serious, are considered non-life-threatening. Car Accidents with Wild Animals in New Hampshire The state…
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"The Institutional Design of Punishment"
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Might Justice Kennedy's retirement lead to defendants having stronger Sixth Amendment rights under Apprendi and Blakely?
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Cole & Scheck on Fingerprints
Simon A. Cole and Barry Scheck (University of California - Irvine - Department of Criminology, Law and Society and Professor of Law, Cardozo Law School, Co-Director, Innocence Project) have posted Appendix to 'Fingerprints and Miscarriages of Justice: 'Other' Types of...
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Examining Applicants under Oath before Issuing Search Warrants
Suppose that Officer Oxford is investigating a murder. Oxford believes that Steve Smith is the killer, and that the murder weapon is in Smith’s house. Oxford approaches Magistrate Martin with a search warrant application. The heart of the application is Oxford’s sworn affidavit, which lays out the evidence establishing probable cause. G.S. 15A-245(a) provides that “[b]efore acting on the application, the issuing official may examine on oath the applicant.” Should Magistrate Martin swear Oxford and ask Oxford to explain the case? Or should Martin ask Oxford to sit quietly while Martin reviews the written application? Either approach is legally permissible, but if I were in Magistrate Martin’s shoes, I would focus on reviewing the written application. This post explains why. Either approach is legally permissible. As noted above, G.S. 15A-245 states that a judicial official “may” examine the applicant. It doesn’t say…
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Must an Alleged Victim Show Up in Court?
We Americans can be a rebellious group. I’ll go out on a limb here and claim that we’re more rambunctious than most countries. To prove my point, take the following example. Think back to the 1970’s. The whole world is converting to the metric system. Two north american governments decide to make a big change. You know, Kilometers instead of Miles. The whole nine yards. Canada and the United States agree that its time for North America to catch up with the rest of the world, so both countries pass a law making the metric system “official”. Now, if you travel to Canada, their signs will say “Ontario — 10 Kilometers”. If you travel here in the US, you’ll see “Miami — 10 Miles”. Both countries passed the law. Both countries agreed to convert. Why did Canadians follow their law, and we ignored it? Because, we’re Americans. We don’t…
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Just say "no" to these actions at DUI checkpoints in Arizona
The first time you do something is very often memorable. The first kiss, the first time you drove a car, the first paycheck, first apartment on your own, and so on. The first time you encounter a sobriety checkpoint is probably not high on the list of memorable firsts, however. So what should you the first time you see the flashing police lights ahead that signal an upcoming Arizona DUI checkpoint? Let's back up for just a moment. If you are headed out and are concerned about possible drunk driving checkpoints during the evening, look online to see if there is information about where and when the checkpoints will be conducted. In many cases, law enforcement agencies will let the public know of upcoming checkpoints - especially ahead of holidays such as the Fourth of July, Labor Day, Thanksgiving and New Year's Eve - to try to discourage impaired motoring. •· As you approach the checkpoint, be sure to drive cautiously and steadily. Do not make erratic…
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Minnesota Adding Extra DUI Patrols For Fourth Of July Holiday
The Fourth of July holiday is statistically one of the most dangerous weekends on Minnesota roads when it comes to drinking and driving. Police know this, and they hope to help keep sober drivers safe by conducting extra DUI patrols this weekend. The extra enforcement won’t take place on the Fourth of July, but that doesn’t mean that police won’t be keeping a close eye on the roads on the actual holiday. Instead, the added DUI enforcement will run from July 6 through July 22. “With so many ride-share programs available, it’s frustrating to know many people continue to get behind the wheel after drinking,” said Lt. Tiffani Nielson of the Minnesota State Patrol. “A DWI can change your life forever. Whether it’s financially or carrying the burden of taking a life, it’s not worth it. Line up a sober ride and celebrate the holiday responsibly.” Deadly Holiday Weekend According to statistics from the Minnesota Department of…
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Erste Bilanz zur Rechtsdurchsetzung von Swissness-Missbräuchen durch das IGE
Im Newsletter vom 26. Juni 2018 zieht das IGE eine erste Bilanz zur eigenen Rechtsdurchsetzung von Swissness-Missbräuchen im In- und Ausland. Entsprechende Gesetzgebung ist seit 1. Januar 2017 in Kraft und seither habe das IGE in 287 Fällen erfolgreich interveniert. Insbesondere zeigten sich Schweizer Unternehmen, die per Abmahnschreiben auf einen Verstoss aufmerksam gemacht worden seien, in den meisten Fällen als sehr kooperativ. Weiter sei auch der Swissness-Missbrauch im Ausland, beispielsweise in China, rückläufig. Ein Überblick der Rechtsdurchsetzung findet sich hier.Barbara Epprechthttp://www.lawblogswitzerland.ch
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Could North Dakota(!?!) fully legalize marijuana via ballot initiative this year?
The question in the title of this post is prompted by this interesting recent posting at Marijuana Moment titled "How North Dakota Could Fully Legalize Marijuana In November. Here are excerpts: Under an effort that has so far gone mostly unnoticed by drug policy reform observers across the country, North...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Gqn-oJjNJVQ" height="1" width="1" alt=""/>
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Can the Court deny a Petition to Expunge Criminal History without any legal or factual basis?
Simply put, no, constitutional safeguards under procedural due process requires that a Judge follow the law and cannot deny a Petition for Expungement without prior evidentiary hearing. To do otherwise, would be to act outside their scope of authority. If the State Attorney does not file a traverse or demurrer regarding said Petition pursuant to Rule 3.692 (b); and if the Court does not receive any evidence on any issue of fact necessary to the decision regarding the Petition, the Petition should be granted because there is no legal mechanism to do otherwise. When a petition for expunction meets the pre-requisites as defined by Florida Statute § 943.0585 and Florida Rules of Criminal Procedure 3.692, the court must afford the petitioner a meaningful hearing. Wells v. State, 807 So.2d 206, 207 (Fla. 5th DCA 2002) (citing Smith v. State, 614 So.2d 525, 528 (Fla. 5th DCA 1993)). Once all the requirements of the statutes and rules have been met, the petitioner is presumptively…
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‘Jerome Johnson has proclaimed his innocence for 30 years . . . those proclamations fell on deaf ears’
In 1988, Jerome Johnson was convicted of participating in the murder of a man in Baltimore and spent 30 years—more than half of his life—in prison. For all of those years, he insisted that he was innocent. And on Monday, with the help of the Mid-Atlantic Innocence Project, Johnson was declared innocent by a judge and freed. No physical evidence linked Johnson to the crime. According to the Baltimore Sun, Johnson tried 15 times to get his conviction overturned but to no avail until defense attorney Nancy Foster took on his case. Foster found strong evidence of Johnson’s innocence and asked the Conviction Integrity Unit (CIU) of the Baltimore State’s Attorney’s Office to look into his case. With the Mid-Atlantic Innocence Project, Foster and the CIU reinvestigated Johnson’s case and discovered “evidence proving Johnson’s innocence, including statements from co-defendants, alibi witnesses, and new evidence undercutting an…
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Fireworks Safety: Know the Dark Side of These Lights
Can you even think of a Fourth of July celebration that didn’t involve fireworks? The explosive and colorful night-time displays are the main event, with the possible exception of delicious food. Although they can be the center of excitement, fireworks can also be the cause of injury and possibly even death. Within the United States, there are about 9,125 injuries and four deaths related to fireworks each year. Understanding your options post injury or accident is very important. Read below to learn more about what you can do and how to prevent hazardous situations. Firework Dangers Most injuries caused by the celebratory explosives are caused by consumer misuse. Causes may include improperly lighting the fireworks, lighting them too close to others, or lighting them while still in a one’s hand. However, manufacturing problems have also been known to cause problems as they might go off sooner than intended, explode in an improper way, or take off in an unanticipated…
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