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Monroe County Public Defender's Office 50 year anniversary celebration

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Greetings to all alumni/dinosaurs of the Monroe County Public Defender's Office. On September 14, 2018 from 5:30 p.m. - ??? there will be a celebration of 50 years of service for the Monroe County Public Defender's Office at Tournedos at the Inn on Broadway 26 Broadway, Rochester, NY 14607. There will be a cash bar, grazing tables, music, "Get out of Jail" t-shirts and stuff, and lots of present and past PDs. As we firm things up we will pass along more information here as it becomes available; be sure to check back. Please help us reach out to out-of-towners. Don't assume we have reached everyone locally or otherwise. Finally, we will likely ask for deposits as soon as we have a price point to help with expenses (again check back for info on how much and whom). This should be a terrific celebration of you, the office, the mission of the office, its future and the present staff. Please come help us celebrate, have fun, tell war stories and…

You Didn’t Kill Anyone. So Why Are You Charged With Murder?

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Under the felony murder rule, anyone who is a part of certain kinds of serious felonies that result in death is as liable as the actual killer. Here are David P. Shapiro’s thoughts on the California legislature considering changing that rule: “Tweaking of California’s felony murder rule is long overdue and should be welcomed by [...] The post You Didn’t Kill Anyone. So Why Are You Charged With Murder? appeared first on Law Office of David P. Shapiro.

Psychiatrist Indicted for Illegally Distributing Opioids

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An Orange County psychiatrist who has been suspected of authorizing prescriptions for narcotics to people who were allegedly not in need of them for health reasons has declared that he is innocent of the charges. Westminster resident Dr. Robert Tinoco Perez is a 57-year-old psychiatrist with a practice that operates out of an office in Santa Ana. After an investigation by the DEA and the Costa Mesa Police Department, Perez has been accused of using his the office that works out of as a way to profit off of selling prescriptions for opioids, amphetamines, and benzodiazepines. Continue reading →

CA9: PC is a close question, and that’s good enough for GFE

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“In this case, it is a close question whether the warrant was supported by probable cause. Although a close call, we need not resolve this issue because even if the warrant lacked probable cause, the good faith exception to the … Continue reading →

Vehicle versus pedestrian crash in New Plymouth

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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: 07/06/2018 11:00 p.m. Please direct questions to the District Office On Friday, July 6, 2018, at approximately 6:22 p.m., the Idaho State Police investigated a vehicle versus pedestrian crash, at the intersection of E Elm St and S Plymouth Ave, in New Plymouth. Abbie Carr, 20, of Payette, was walking north on the northwest corner of the intersection. Augustus George, 19, of New Plymouth, was traveling northwest on Southeast Ave in a 2014 Nissan Versa. The Nissan left the roadway and struck Carr on the sidewalk. Carr was taken by air ambulance to St. Alphonsus Regional Medical Center in Boise. All three occupants of George's vehicle were wearing their seatbelts, and…

D.Ore.: Even if ptf’s 4A violated in stop at Portland airport, exclusionary rule doesn’t apply in § 1983 case

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“First, even assuming that Flinn had no lawful basis to stop and talk to Plaintiff in the first place, Plaintiff’s argument is not viable in a § 1983 claim. In a 2016 Ninth Circuit case, the court noted that the … Continue reading →

KS: Guest standing doesn’t require overnight stays to be substantial enough

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To have standing to challenge a home search, a guest must show a degree of acceptance into the household or an ongoing and meaningful connection to the host’s residence so that the guest has a reasonable expectation of privacy in … Continue reading →

S.D.N.Y.: Realtime cell phone tracking SW issued with PC

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The USPS developed probable cause that defendant was shipping drugs by mail with his own mini mailing service, creating his own mailing labels and having acquired plenty of USPS envelopes and postage to do it. When another suspicious package came … Continue reading →

LA5: Knock-and-talk cannot be used to create exigency

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Officers came to defendant’s house because a couple of drug suspects had visited him. The officers’ knock-and-talk didn’t gain them entry into the house, and a knock-and-talk can’t be used to create exigent circumstances. A protective sweep was unjustified because … Continue reading →

NH: CP search warrant for defendant’s phone and laptop completely lacked PC

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Defendant was found asleep in his car in a Walmart parking lot with his pants down after having apparently masturbated to adult porn images on his computer or phone. The discussion with the officers gave no reason to believe defendant … Continue reading →

DANILO MARTUCCELLI y la sociedad informal

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https://larepublica.pe/politica/1273933-corre-riesgo-sociedad-fracture “Se corre el riesgo de que la sociedad se fracture aún más” ENTREVISTA A DANILO MARTUCCELLI “En la Sociología se dice que el fenómeno protestante del siglo XVI y XVII hizo que las personas que tenían creencias religiosas podían libremente interpretar la Biblia y, por lo tanto, construir su propia libertad de conciencia. Lo que creo que está sucediendo en el mundo de hoy es que esa libertad de conciencia de las creencias religiosas empieza a desplazarse con respecto a la ley republicana. Y los actores individuales, cuando consideran que una ley pública conspira contra sus convicciones personales, actúan con una especie de libertad o en contra de la ley común. Eso es extremadamente inquietante.” QUE PIENSO Es necesario que cada ser humano tenga convicciones propias y que como tal exprese su…

Unethical To Prosecute “Evil” Law?

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As Attorney General, Dick Thornburgh issued a memo in 1989 exempting government lawyers from state ethical codes. The subsequent outrage wasn’t so much about prosecutors engaging in unethical conduct, but Thornburgh’s position that they were beyond it. Congress subsequently “fixed” the problem by passing 28 U.S.C. § 530B, requiring compliance with state ethics codes. This happened well before the ABA embraced social justice as its lodestar for attorney ethics by adding Rule 8.4(g) to the Model Rules of Professional Conduct, which has nothing to do with the practice of law and everything to do with political correctness. While the new rule is of little significance, given that states have largely rejected it, it remains a guiding star to woke of the legal academy, like Santa Clara lawprof Diane Klein. At Dorf on Law, Klein raises the call for new lawyers from the Department of Justice to prosecute denaturalization cases. The gravamen of the…

The Supreme Court’s Mattresses

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Harvard Law lecturer Ian Samuel’s call to pack the court following Justice Anthony Kennedy’s retirement hasn’t met with resounding applause from people who aren’t blindly in denial of reality. Most of the replies to me when I argue for court-packing are: “What if the Republicans retaliate, tit-for-tat?” From a game-theoretic perspective, the Republicans have already moved first (blocking Garland). Now the question is, should the *left* retaliate? Or just get played? — Ian Samuel (@isamuel) July 5, 2018 Unfortunately, such emotional reactions as “just get played” work better when one doesn’t think too hard about it. Not only did Ian shoot his wad too early, given that the threat of court-packing when the White House and Congress are held by the other team isn’t a stroke of tactical brilliance, but even if he’d kept his idea to himself until such time as there was some remote possibility of it happening, it…

"Defying Congress, Jeff Sessions Keeps Blocking Medical Marijuana Research"

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The title of this post is the headline of this recent Reason piece by Mike Riggs, which gets started this way: It's been almost two years since the Drug Enforcement Administration (DEA) began accepting applications for new growers of research cannabis, and two dozen applicants are still in regulatory limbo....<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/sPdK3m9J8FU" height="1" width="1" alt=""/>

Judge Jack Weinstein laments overuse of federal supervised release (and especially its revocation for marijuana use)


Pro se litigant obtains a reversal on appeal

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In the "even a blind squirrel finds a nut" category, in the July 6th packet of Appellate Division, Fourth Department decisions, perennial litigant and pretty good jailhouse lawyer Isiah Williams won a reversal of his conviction, pro se.  Mr. Williams was previously acquitted of the possession of two forged checks and convicted of possession of another. After the Fourth Department reversed that conviction, at the retrial the Ontario County Court allowed the prosecutor to introduce evidence of defendant's possession of the checks he had been acquitted of possessing. Unsurprisingly, the Fourth Department found that this was wrong, and reversed defendant's conviction. Good lawyerin' Mr. Williams. Read the decision here.

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

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are here. The usual disclaimers apply. Rank Paper Downloads 1. Opinion on the Constitutionality of Robert Mueller's Appointment Steven G. Calabresi Northwestern University - Pritzker School of Law Date Posted: 25 May 2018 3,984 2. The Writ-of-Erasure Fallacy Jonathan F....

Crash Blocking US26 West Of Blackfoot

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 07/07/2018 12:46 p.m. Please direct questions to the District Office Idaho State Police is investigating a crash eastbound on US26 at mile marker 304, west of Blackfoot. US26 is blocked in both directions. Motorists should expect delays. 3451 -------------

Crash Blocking US26 East of Irwin

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 07/07/2018 1:55 p.m. Please direct questions to the District Office Idaho State Police is investigating a crash on US26 near milepost 387, east of Irwin. US26 is blocked in both directions. Motorists should expect delays. 3451 -------------

Correction: Crash Blocking US26 Near Swan Valley not Irwin

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 07/07/2018 2:45 p.m. Please direct questions to the District Office ***Correction*** The correct mile marker is 376, near Swan Valley not Irwin. 3451 ********** Idaho State Police is investigating a crash on US26 near milepost 376, near Swan Valley US26 is blocked in both directions. Motorists should expect delays. 3451 -------------
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