Vehicles are among the most valuable properties in a marriage and an important part of the division of property during a divorce. They qualify as marital properties as long as: They were purchased during the marriage; Marital money was used to pay off a vehicle loan; or Marital money was used to pay for major repairs or modifications. In your marriage, each of you likely has your own vehicle that you primarily use. However, dividing your vehicles in a divorce is not as simple as each of you picking a car. Vehicles are a factor in determining equitable value in a divorce agreement. Establishing Ownership A vehicle may be marital property, but the owner of the vehicle after the divorce is the person whose name is on the vehicle title. The fact that you are the primary person to use the vehicle and pay for its upkeep does not guarantee you ownership if your spouse is the only one who is listed on the title. You will need your spouse to…
How Cars Factor in Division of Property
↧
↧
R. v. Suter: the Case of the Missing Thumb
R. v. Suter: The Case of the Missing ThumbThe Facts and Following AttacksThe facts of R. v. Suter are simple but do not detract from the gruesome and avoidable tragedy that occurred on that day. Mr. Suter and his wife went to dinner at Chili’s restaurant and each had one alcoholic drink. When the food arrived, Mr. Suter’s meal was cold. He became upset and insisted on going elsewhere for dinner. Mrs. Suter was displeased but agreed to leave. An argument ensued as the couple drove to a nearby restaurant known as Ric’s Grill. Upon arriving at Ric’s Grill, Mr. Suter pulled into a parking space adjacent to the outside patio of the restaurant. The vehicle stopped a few yards back from the glass partition that separated the patio from the sidewalk, however, Mr. Suter did not put the vehicle in park as he realized that he had mistakenly pulled into a “by permit only” space. While the vehicle pulled into the space, Mrs. Suter realized that the…
↧
LAKE COUNTY INTRODUCES ALCOHOL-SENSING ANKLE MONITORS
In order to deter repeat offenders, Lake County has introduced alcohol-sensing ankle monitors for DUI defendants. The monitors work by testing the defendant’s perspiration for alcohol every 30 minutes. Under the new program known as SCRAM, repeat DUI offenders may be required to wear the ankle monitors as a condition of bond or as part of their sentence for up to 180 days. The monitors may also be required in offenses where alcohol played an underlying role such as domestic violence or assault. SCRAM devices have already been used in Cook County. Under certain circumstances, an experienced attorney may be able to negotiate a significantly better sentence if you agree to wear a monitor of this type. If you have been charged with DUI or a similar offense, contact an experienced attorney immediately. An attorney can review your case for its possible defense. Can the state prove all the elements of your offense beyond a reasonable doubt? Even if the evidence against you is…
↧
Restaurant Owner Had Piece of Ear Bitten Off by Angry Customer
A woman who was unhappy with her order at a Chinese restaurant has been charged for allegations that she was the cause of a fight with the owner of the establishment which resulted in the man losing a piece of his ear when he was bitten during the incident. On Thursday evening a customer left her child at home so that she could return to the China 1 restaurant in Mount Clemons, Michigan because she was dissatisfied that the order she received was not what she expected. The upset woman, identified as 24-year-old Jade Anderson, spoke with the owners of the restaurant about the problem she had with her food order, but they do not speak fluent English. The owners’ son, who was also present at the restaurant during Anderson’s visit, attempted to intervene and help his parents understand what the customer was trying to convey to them. Anderson reportedly became frustrated with the encounter and threw the food on the floor after shoving him. Continue reading →
↧
Update Vehicle in River WB US12@17**Correction
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 07/06/18 12:00pm Please direct questions to the District Office Correction** This was not a fatality crash vehicle recovery. This crash occurred on 6/5/2018 and there were no injuries. *Update* With assistance from the Nez Perce County Sheriff's Office and Forest Wrecker Service, the vehicle has been recovered from the river. MKS -------------
↧
↧
Senate Committee Confirms Russian Meddling in 2016 President Election
For nearly a year and a half, American citizens and government officials have been debating the degree of Russian interference in the 2016 U.S. presidential election. It has been alleged that Vladimir Putin and the Russian government developed a clear preference for at the time candidate Trump to win the election. The Russians attempted to infiltrate state election infrastructure while creating a system to utilize social media platforms to influence the election. Three reports have been released detailing the Russian’s involvement, or lack thereof. The first is the Intelligence Community Assessment (“ICA”) created by the CIA, NSA, and FBI in January 2017. This report “assessed that Russian activities in the run-up to the 2016 presidential election represented a significant escalation in the long history of Russian attempts to interfere in U.S. domestic politics.” President Obama tasked the Intelligence Community with…
↧
//blawgsearch75.rssing.com/chan-6519914/article33227-live.html
Tamplin v. Muniz, No. 16-15832 (Fletcher with Kronstadt (CD Cal); dissent by Hawkins) --- A divided panel of the Ninth Circuit reversed the denial of a California state prisoner's § 2254 petition, holding that the trial court did not honor his right to self-representation under Faretta v. California, 422 U.S. 806 (1975), and that the state courts did not reasonably reject this claim. Judge Hawkins would have affirmed because of the AEDPA limitation on relief, but might have reversed if this case were on direct review. The petitioner was convicted in a California state court of being a felon in possession of a firearm and sentenced under California's three-strikes law to 45 years to life. On direct appeal, the conviction was affirmed but the sentence was reduced to 25 years to life. The petitioner was initially assigned a public defender, but was then allowed to represent himself. He asked for "assistant counsel," but the trial judge denied…
↧
What is a Bail Bond and How Does It Work?
When law enforcement authorities arrest you or a loved one, they will place you in jail in most circumstances. In this case, release from jail should be your first priority. Despite your circumstances, we know that you need to get back to your family and your job as your case winds its way through the criminal justice system. While release from jail following an arrest can be a relatively efficient process, there are procedures that you must follow in order to be released or obtain a loved one’s release. Depending on your situation, posting a bail bond may be an option for getting released from jail. After you are arrested, a judge will set a bond for you to be released from jail. The amount of the bond will depend upon the type of criminal charges you are facing, along with your criminal history. There are different methods of posting bond, which usually depend upon your individual circumstances and the amount of the bond set in your case. For instance, if you qualify…
↧
Snopes on Harris County Fentanyl Story, Gross on Innocence and Misdemeanors, Conservatives for Justice Reform, and other stories
Here are a few odds and ends that merit Grits readers' attention:Austin cops said they shot a man because he fired upon them but he did notHere's the story. He still faces aggravated-assault-with-a-deadly-weapon charges even though police now admit no such assault occurred.Correction on fentanyl poisoning non-story not nearly as widespread as initial misinformationGrits has been saying for months that the opiod epidemic in Texas is overstated compared to the problem of meth addiction and overdoses, and that hysteria over fentanyl is largely unwarranted here because the drug does not mix with the relatively impure black-tar heroin common in Texas and California markets. So I was not suprised to see Snopes rule that the fentanyl-soaked flyers touted by the Harris County Sheriff's Office as causing the hospitalization of a deputy was a bogus story. Though HCSO said "field tests" indicated fentanyl on the flyers, lab tests confirmed that was false.…
↧
↧
Trump Finally Stops Separating Immigrant Families – Why Did It Start?
Just days after defending the policy, Donald Trump recently signed an executive order prohibiting the practice of separating children from their parents seeking entry into the United State. At the time the president signed the order, his administration had no plan for reuniting the 2,300 children who had already been taken from their parents and placed in an assortment of detention facilities. What are the origins of this kind of family separation policy? And what does this policy mean for asylum seekers who want to enter the United States? Flores v. Reno While the recent photos of children in detention facilities have sparked outrage, harsh immigration policies are nothing new. The sharp turn against immigrants stems from a 1997 Supreme Court decision. Flores v. Reno gave immigration officials two options when children are apprehended trying to unlawfully enter the U.S. or when they are brought unlawfully into the country by their parents. …
↧
Democrats have only themselves to blame for their judicial predicament
Marc Thiessen has this column in the WaPo, with the above title, reviewing some of the history of how judicial confirmations came to their present state.
↧
Logel on Police Department Policy and Excessive Force
Christopher Logel (University of Wisconsin - Madison, Law School, Students) has posted Cracking Graham: Police Department Policy and Excessive Force on SSRN. Here is the abstract: When a police officer uses force against a person, the Fourth Amendment requires that...
↧
Dallas Criminal Lawyer Attorney Clinton Broden named TCDLA award winner
Clint Broden Dallas Criminal Lawyer in the news: – Source (By Adam Faderewski on June 25, 2018) — Dallas, TX – F. Clinton Broden, of Dallas, and Casie L. Gotro, of Houston, were selected as the Percy Foreman Lawyers of the Year based on their representation in the Twin Peaks litigation, which arose from the May 17, 2015, gunfight at the Twin Peaks in Waco that left nine dead and more than 20 injured. To read the entire TCDLA names award winners, inducts Hall of Fame members click here About Dallas Criminal Lawyer Clint Broden Mr. Broden specializes in four areas of criminal law: Federal criminal defense, Texas criminal defense, criminal appeals and post-conviction proceedings. Unusual for a criminal defense attorney, Mr. Broden has extensive experience in complex cases and areas of law involving the death penalty, white collar offenses, drug trafficking offenses, child pornography charges, federal criminal appeals, habeas…
↧
↧
Understaffed: Nursing Homes in Need of Help
When it comes to our elderly loved ones, we want them to have the best care. Sometimes, that means putting them into a nursing home that can focus in on them, nurture them, and make sure they’re okay when you can’t be there. While this may be your goal when it comes to putting them into a nursing home, there is a crisis at hand. Nursing homes across the U.S. are understaffed. Which, in turn, may lead to your loved one not receiving the care that was intended for them. In any case, if you notice that your loved one’s nursing home is not up to par, it may be time to consider another facility. However, making sure that they don’t face the same issue, is extremely important. Understaffed: Nursing Homes in Need of Help This issue is a prevalent, and troublesome, one for elderly care facilities. However, it’s an even larger issue for the residents at hand. Due to the lack of staff, many residents are not getting the necessary care that they need to…
↧
Week of July 2 - 6, 2018
↧
Lawfare: When Does a Carpenter Search Start—and When Does It Stop?
Important, thoughtful piece: Lawfare: When Does a Carpenter Search Start—and When Does It Stop? by Orin Kerr: The Supreme Court’s recent decision in Carpenter v. United States raises lots of fascinating and novel Fourth Amendment questions. In this post I … Continue reading →
↧
San Diego Man Gets Jail Time for DUI Charges that He Dodged for 6+ Years, According to News Report
With all the talk today about “fake news” and the quality of journalistic reporting, some have come to question the value of what they read or hear from news sources. One thing news sources do unquestionably well, though, is highlight cases that serve as “what not to do” warnings for others. By learning about the strategic errors others made in handling their legal affairs, you can hopefully learn from those mistakes and avoid the downfalls that occurred to the subjects of the articles. For example, one San Diego man faces jail time in Nevada, in part, because he spent several years trying avoid drunk driving charges. Don’t be like that driver. Instead, if you are facing DUI charges in California, reach out to an experienced San Francisco DUI attorney to handle your case on time, thereby allowing you to obtain closure and move on with your life. The San Diego man was R., who had experienced several encounters with law enforcement related to drunk…
↧
↧
"The effects of medical marijuana laws on cannabis-involved driving"
The title of this post is the title of this notable new article authored by Eric Sevigny which will appear in the September 2018 issue of the journal Accident Analysis & Prevention. Here is its abstract: This study uses data from the Fatality Analysis Reporting System and a differences-in-differences model...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/GV4fle_KYSA" height="1" width="1" alt=""/>
↧
Internet Fraud Complaints
The term “Internet fraud” refers generally to any type of fraud scheme that uses one or more components of the Internet – such as chat rooms, e-mail, message boards, or Web sites – to present fraudulent solicitations to prospective victims, to conduct fraudulent transactions, or to transmit the proceeds of fraud to financial institutions or to other connected with the scheme. If you use the Internet with any frequency, you’ll soon see that people and things online tend to move, as the saying goes, on “Internet time.” For most people, that phrase simply means that things seem to happen more quickly on the Internet — business decisions, information-searching, personal interactions, to name a few – and to happen before, during, or after ordinary “bricks-and-mortar” business hours. Unfortunately, people who engage in fraud often operate in “Internet time” as well. They seek to take advantage of the…
↧
Can A Couple Orally Agree Not to Divide Their Property? Will a Court Respect that Agreement?
Today’s decision of Mr. Justice Kelleher of the British Columbia Supreme Court provides an answer to the two questions posed above. If a couple decide to live together, have no children, and confirm with one another that everything each of them owns or will own will always remain separate if the couple separate, will a court interfere? In the case of Doell v. Prentice 2018 BCSC 1115 the Court said “yes” it will. This common law couple lived together for 23 years on property purchased with Mr. Prentice’s savings. He was a highly skilled bricklayer and stone mason, while Ms. Doell, who had a university degree, worked in menial positions taking care of dogs and horses. Her annual income was less than a full-time minimum wage job. Many witnesses testified they were aware of the couple’s financial arrangements which were apparently openly discussed with their friends and relatives. Ms. Doell reputedly said that if their relationship ended…
↧
More Pages to Explore .....
