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Programas y programas, conductores y conductores

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En el programa de N. Lucar (hoy 12 de julio de 2018) entrevistaron a Pedro Angulo quien fuera Decano del Colegio de Abogados de Lima y que hoy forma parte de un grupo de personas que investigan los CHANCHULLOS en la Corte Superior del Callao, ¿Ignoro porqué está ahí?. Angulo es un personaje con ambiciones de poder, he leído en alguna parte que conjuntamente con Raúl Tola y el pro judío Guzmán y que este último es muy cercano a César Hildebrandt, desean correr en el torneo de sinvergüenzas que se avecina, por eso, tras criticar la porquería que flota por donde la miremos, CON JUSTO empeño y razones subalternas, acusa a ese nido de impresentables que SE NIEGAN a reformar el Sistema Electoral que ha permitido hasta la fecha la presencia de ladrones de todo pelaje y cuello blanco asumiendo las más altas funciones en el ejecutivo y el legislativo. Si los Abogados de la…

Washington Court Dismisses Auto Accident Case Mistakenly Filed Against Driver’s Mother

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In Washington, drivers involved in an accident resulting in injury must stop at the scene and remain there to give their name, address, insurance information and vehicle license number to the other driver, passengers or anyone who was struck or injured.  Pursuant to RCW 46.52.020, drivers must also show their driver’s license.  They must provide assistance to anyone injured, including getting them to medical treatment.  What happens, though, if a driver is shaken up and fails to provide all of the required information? A Washington appeals court recently considered whether a case could proceed when the plaintiff originally filed suit against the wrong party after not receiving all of the other driver’s identifying information. The plaintiff was rear-ended.  She stated the other driver was very upset after the collision and insisted they not call the police or an ambulance.  The plaintiff stated that they exchanged insurance cards and wrote…

Georgia man accused of several felonies after domestic incident

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In many ways, it is amazing to consider how one incident can ultimately completely alter the course of a person's life. A person charged with a crime, for example, will likely be left creating new plans for their future. One man in Georgia may be doing so following his recent arrest; he is now accused of multiple felonies and misdemeanors. Police claim that they became involved with the man when they received a phone call about a domestic incident at approximately 6:30 a.m. on a day in early July. The caller reportedly claimed that a man had been physically violent while under the influence of drugs. Reports indicate that statements made by children at the home and physical injuries on a woman indicated physical abuse. However, when police approached the home, the man is said to have refused to open the door and, instead, turned off the lights. Officers say they entered the home forcefully and discovered the man wrapped in sheets under a bed. A taser was…

"Medical Cannabis Legalization and Opioid Prescriptions: Evidence on US Medicaid Enrollees during 1993‐2014"

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The title of this post is the title of this new research published on-line this week from the journal Addiction. Here is its abstract: Background and Aims While the US has been experiencing an opioid epidemic, 29 states and Washington DC have legalized cannabis for medical use. This study examined...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/_XUAgjWb688" height="1" width="1" alt=""/>

Drunk Hopkins Dad Has 1-Year-Old Drive Downtown

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The saying “Father knows best,” clearly didn’t apply over the weekend when an intoxicated 31-year-old Hopkins man allowed his 1-year-old to drive his SUV in downtown traffic. Domonic E. Green of Hopkins was officially charged on Monday with drunk driving and child endangerment in connection with an incident that occurred Saturday night. He remains in jail on $20,000 bail ahead of his first appearance, which is scheduled for August 9. According to the police report, the incident began when a witness reported that they saw Green driving his SUV in downtown Hopkins. The problem was, they also saw a small child on his lap, and the witness heard Green giving the child directions on which way to turn. The witness called police to report Green, and officers arrived on scene shortly thereafter and stopped the vehicle. In a Facebook post, the police said an officer “located the vehicle almost immediately and saw the child on the driver’s lap” and a…

DHS Announces Termination of TPS for Honduran Immigrants

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The Trump administration recently announced that it would be terminating Temporary Protected Status (TPS) for the roughly 57,000 Honduran immigrants who have lived in the U.S. for years. Many Honduran immigrants entered the U.S. following a 1999 hurricane that wreaked havoc on the country; the U.S. granted these immigrants TPS, which allowed them to legally live and work in the country on at least a temporary basis. According to the Trump administration, conditions have sufficiently improved in the Hondurans since that time for the immigrants to return to their native countries. Honduran officials, however, have objected, claiming that conditions in the country have not improved sufficiently to repatriate some 50,000 people, particularly after almost half of them have lived in the U.S. for almost 20 years; many of these immigrants also have had U.S. citizen children during their residence in the U.S. Other advocates claim that the current conditions in Honduras are actually…

Massachusetts “Red Flag” Law Permits Swift Action to Confiscate Weapons Based on a Risk of Injury

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On July 3, 2018, Governor Baker signed a law permitting a court to order firearms and other weapons to be taken away from a licensed individual who “poses a risk of causing bodily injury to self or others” for any reason. This so-called “red flag” bill is similar to laws that have been increasingly passed in other states in the wake of mass shootings such as the school shooting in Parkland, Florida. The new law is designed to make it easier to remove guns from the equation where there is an indication that someone is in crisis or may engage in violence. In Parkland, police had been alerted to concerns about Nikolas Cruz’s violent propensities, but they had no legal authority to remove the guns he already owned. Although police chiefs in Massachusetts have broader discretion to suspend or revoke firearm licenses than authorities in many states (since here only someone whom a police chief determines to be a ”suitable person” according to…

US Sentencing Commission releases big new report detailing "inconsistently" applied federal mandatory minimum prior drug offense enhancement


AG Jeff Sessions "surges" federal war against synthetic opioids in select counties

Circumstantial Evidence Provides Sufficient Grounds to Charge a Suspect with DUI Under Pennsylvania Law

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While it is common knowledge you can be charged with DUI if a police officer directly observes you driving a vehicle under the influence of alcohol, many people are unaware you can be charged with DUI even if the arresting officer did not actually witness you operating a vehicle. In Yencha v. Commonwealth, et al., the court clarified the issue of what constitutes sufficient evidence for charging an individual of driving under the influence of alcohol within the framework of Pennsylvania DUI law. In Yencha, an officer responded to a call regarding a hit and run accident. When he arrived at the scene, the victim and a witness to the accident both described the vehicle involved in the hit and run and the man driving the vehicle. The witness also provided the license plate number of the vehicle. The officer ran the license plate number and subsequently found the vehicle parked outside of the suspect’s residence. The officer noted the vehicle had front-end damage. The officer…

Arrested on Vacation? Here’s What You Need To Know

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New Orleans is one of the most popular tourist destinations in the country. People come from all over to join in the culture and revelry offered by the Crescent City. Sometimes, though, partying goes wrong, […] The post Arrested on Vacation? Here’s What You Need To Know appeared first on Bloom Legal.

Condemned Man In Nevada Wants To Be Dead, But Doesn’t Want To Die

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Scott Dozier had been scheduled to die in November, but arguments surrounding one of the three drugs to be used postponed the execution. “I don’t want to die,” Dozier told one reporter. “I just want to be dead.” Of the 1,400 or so persons executed in America over the past 40-years, about 10% have abandoned their appeals. “In the legal community, they’re known as ‘volunteers’’, said Nicholas Wooldridge, a Las Vegas Criminal Defense attorney. Life Of Privilege Unlike other death row prisoners, Dozier’s life prior to the killing had not been potholed by poverty, mental disability or childhood trauma. The killer had a privileged upbringing. Dozier’s dad was a self-employed landscaper who traveled through America’s West to work on federal water projects. Dozier and his two siblings, moved with his parents every few years to upper-middle-class enclaves. Dozier rebelled early and sold marijuana and LSD in…

Kansas Courts Rule Computer Generated Translation Insufficient to Confer Consent

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Language barriers frequently arise in every day life. While apps and websites that provide quick translations to and from English and other languages are convenient, they are not suitable for all purposes. In a recent case heard in the United States District Court of the District of Kansas, U.S. v. Omar Cruz-Zamora, the court ruled that Google translate was insufficient for obtaining proper consent from a non-English speaking suspect prior to searching the suspect’s vehicle. The court held the language barriers between the suspect and arresting officers were not overcome by Google translate, and therefore the consent to search a vehicle was not given freely and intelligently and was invalid. As such, the search of the car was unconstitutional and the evidence against the suspect was suppressed. While the ruling in Omar Cruz-Zamora does not have precedential value in Illinois, it may be viewed as persuasive if the issue of adequate translation arises in Illinois DUI cases.…

Pennsylvania Supreme Court to Rule on Whether a Suspect’s Refusal to Submit to Testing is Admissible as Evidence of Guilt

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The Supreme Court’s recent ruling in Birchfield v. North Dakota continues to affect DUI law throughout the country. The Birchfield ruling stated, among other things, that DUI suspects who refused to submit to a blood test without a warrant could not be subject to increased criminal penalties for their refusal. Last month, the Supreme Court of Pennsylvania granted an appeal on the narrow issue of whether it is unconstitutional to introduce evidence of a suspect’s refusal to submit to a warrantless blood test at trial as evidence of the suspect’s guilt. While the court’s ruling will only be applicable in Pennsylvania, it is anticipated it will be persuasive for courts in other states ruling on the same issue, and may impact the prosecution of DUI cases throughout the country, including Illinois DUI cases. In Commonwealth v. Bell, the suspect was detained for inadequately illuminated headlights. On approaching the suspect’s vehicle the officer…

Another New Conditional Discharge: Threats and False Reports of Mass Violence

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By the end of the year, we’ll have another type of conditional discharge to add to the list collected in my previous post. The new conditional discharge is for certain defendants convicted of communicating threats of mass violence on educational property or at a place of worship, or for making a false threat concerning mass violence on educational property. Session Law 2018-72 created two new communicating threats crimes, communicating a threat of mass violence on educational property (G.S. 14-277.6) and communicating a threat of mass violence at a place of religious worship (G.S. 14-277.7). Those crimes are effective for offenses committed on or after December 1, 2018. The same legislation that created those crimes also added new G.S. 14-277.8, providing for a conditional discharge for certain defendants convicted of the new crimes or the existing crime of making a false concerning mass violence on educational property (G.S. 14-277.5). Eligible defendants are those who…

New York hospital, parent company settle whistleblowers’ claims for $14.7 million

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On July 10, the Department of Justice announced that Health Quest Systems, Inc., and its Putnam Hospital Center, both based in New York, will pay $14.7 million to resolve civil allegations, originally filed by a whistleblower, that the companies submitted false claims to government healthcare programs. According to DOJ’s press release: Health Quest Systems, Inc. and certain of its subsidiaries (Health Quest) and Putnam Health Center (PHC) have agreed to pay over $14.7 million to resolve allegations of violations of the False Claims Act by submitting inflated and otherwise ineligible claims for payment, the Justice Department announced today.  New-York based Health Quest is a family of integrated hospitals and healthcare providers that deliver surgical, medical and home health care services.  PHC is a Health Quest subsidiary hospital based in Carmel Hamlet, New York. *   *   * In the settlement announced today, Health Quest and PHC admitted,…

MILLAN RESIGNS

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Facing an uproar over his conduct, and a Florida Supreme Court not in the mood to tolerate Judicial name calling that has racial overtones, Judge Stephen Millan, who was elected to the Circuit bench, has resigned. Site Feed

Lvovsky on Fourth Amendment Moralism

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Anna Lvovsky (Harvard Law School) has posted Fourth Amendment Moralism (University of Pennsylvania Law Review, Vol. 166, 2018) on SSRN. Here is the abstract: The Fourth Amendment is generally seen as a procedural provision blind to a defendant’s conduct in...

Statement to Police Officer Found Admissible in Washington Domestic Violence Case

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In Washington domestic violence cases, the prosecution or defense may want to present evidence of what one of the involved parties said about the events.  Hearsay evidence is generally not allowed, so such statements must fall within an exception to the hearsay rule to be admissible.   A Washington appeals court recently considered whether a victim’s statement to a police officer was appropriately admitted into evidence. The couple lived together in the woman’s home at the time of the incident.  They got into an argument and the woman reached to take back a cell phone she had given the defendant.  According to the court’s opinion, the defendant wrapped his arm around her neck and strangled her for about 10 seconds. The woman called 911.  When the deputies arrived, the woman described these events to one of them. The defendant was charged with second degree assault by strangulation.  He moved to exclude the woman’s…

Washington Father Not Required to Work Overtime to Maintain Income

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In a Washington divorce, parents generally cannot escape child support obligations by being voluntarily underemployed.  If the court finds the parent is underemployed for the purpose of reducing the child support obligation, the court can calculate child support based on imputed income.  A Washington court recently considered whether a father was subject to imputed income because he stopped working overtime after the separation. In her motion for child support, the wife alleged the husband was voluntarily underemployed.  The trial court entered a child support order, imputing income to the husband based on past earnings.  The husband appealed. The husband argued the court erred in finding him voluntarily underemployed and in imputing his income. The husband owns and operates a commercial harvest diving business. He previously owned and operated as many as four commercial dive boats and worked as boat captain and diver until about six months before the…
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