Texas law designates certain individuals as habitual offenders if they are facing felony charges after two prior felony convictions. In order to qualify as a habitual offender, you must meet the following criteria: · You must be on trial for a felony other than a state jail felony under Texas Penal Code section 12.35(a). · Your first felony conviction must have occurred before you were convicted of a second felony. In other words, your conviction for the first felony must be final, with any trial and plea bargains completely over with, before you are convicted of a second felony. · Your second conviction also must have occurred before you were convicted of a third felony. What Does It Mean to Be a Habitual Offender? Like many states, Texas has a “three strikes” law. Some states only consider very…
What Does It Mean to Be a Habitual Offender?
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Week of July 9 - 13, 2018
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David Shapiro On The Ongoing Kellen Winslow Jr. Trial
Listen to David P. Shapiro on the Ben and Woods show, where he discusses the ongoing trial of NFL player, Kellen Winslow Jr. The Mighty 1090 https://www.mighty1090.com/episode/david-shapiro-on-the-ongoing-kellen-winslow-jr-trial/ The post David Shapiro On The Ongoing Kellen Winslow Jr. Trial appeared first on Law Office of David P. Shapiro.
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Motorcycle Crash Near Roberts
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: 07/13/2018 2:20 p.m. Please direct questions to the District Office On July 12, 2018, at 6:00 p.m., Idaho State Police investigated a motorcycle crash at 550 N. Bassett Road, near Roberts. Dustin Lamb, 38, of Roberts, was driving a 1984 Honda motorcycle. Lamb drove off the road into a ditch at the corner of 2900 E and Bassett Road. Lamb was not wearing a helmet and was transported to Eastern Idaho Regional Medical Center in Idaho Falls. This crash is under investigation by the Idaho State Police. 4097/3451 -------------
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Detailing how recent reforms have helped Louisiana shrink its incarceration rate to no longer be nation's leader
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Cosby Case Goes to SCOTUS
Bill Cosby filed a certiorari petition in the California defamation case brought by Janice Dickinson. It is Cosby v. Dickinson, No. 18-70. The certiorari petition with appendices is here.
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Falsely Accused of Slip and Fall Fraud?
Say you’re shopping at the grocery store and happen to slip and fall on the just-waxed floor, incurring serious injuries. This is a common scenario and is in fact, the most common type of insurance claim people make. So common that many insurance companies are skeptical whether a claim is true. This has caused insurance companies to do anything to prove your deceit. That’s the last thing you need when you’re just trying to recover from your adverse situation. They will put up a good fight, but in the end, it’s not your fault and you deserve compensation for your injuries. Accused of Slip and Fall Insurance Fraud The reason for your misfortunate fight to prove yourself is that slip and fall insurance fraud is more common than you would think. Many people find that pretending to have sustained severe injuries and lying to the insurance companies is an easy way to make bank. In fact, insurance fraud is a huge problem totaling in $80 billion worth of…
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Michigan press suggesting state has a lot to learn from the Colorado marijuana reform laboratory
Ever since Election Night 2012 once it was clear that voters in Colorado and Washington were eager to pioneer a new approach, my thinking about marijuana reform always gravitates back to Supreme Court Justice Louis Brandeis famous description of the virtues of federalism in terms of a state being able...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/KViI1BAwyqs" height="1" width="1" alt=""/>
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Blocking Injury Crash US95 near Winchester
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: 07/13/2018 2:21 PM Please direct questions to the District Office Idaho State Police is currently on scene of an injury motorcycle crash near Winchester, ID, at mile post 279.5 of US95. Northbound and southbound lanes are currently blocked. Additional information will be released when available. SJT -------------
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"Behind Schedule — Reconciling Federal and State Marijuana Policy"
The title of this post is the title of this new Perspectives piece appearing in the The New England Journal of Medicine and authored by Rebecca Haffajee, Robert MacCoun and Michelle Mello. I recommend the piece highly in part because of its terrific graphic under the heading "U.S. Marijuana Policy...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/xhsbflPzXUc" height="1" width="1" alt=""/>
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Scooter Rider Injured in Hit and Run Accident in Lauderhill
Lauderhill police are searching for a man who fled after he ran a stop sign, hit another car and caused it to hit a man sitting on a scooter. Police believe a gold Buick was traveling southbound on 34th Avenue when it ran the stop sign and hit a white car which veered off the road and hit the man on the scooter. Two parked cars, a pole and a tree were also hit. The Buick continued south until the driver got out and left it in the 3400 block of Northwest 14th Street, according to police. Police now have the Buick and the investigation is ongoing. The man on the scooter was taken to Broward Health Medical Center in Fort Lauderdale with significant injuries. Getting hit on a scooter can result in serious injuries, and in the most severe cases, wrongful death. Similar to motorcycles and bicycles, scooters can be hard to spot on the road. Most car vs. scooter crashes are the result of a motorist failing to see a rider. However, this type of negligence is no excuse. If you or…
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LA CONVENCIÓN DE PALERMO
¿Que es la Convención de Palermo? Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional La Convención contra la Delincuencia Organizada Transnacional, más conocida como la Convención de Palermo, es un tratado multilateral patrocinado por Naciones Unidas en contra del crimen organizado transnacional, fue adoptado en 2000. Sus tres Protocolos (los Protocolos de Palermo) son:1 Protocolo de las Naciones Unidas para Prevenir, Reprimir y Sancionar la Trata de Personas, Especialmente Mujeres y Niños; y Protocolo de las Naciones Unidas contra el Contrabando de Migrantes por Tierra, Mar y Aire. Protocolo de las Naciones Unidas contra la fabricación y el tráfico ilícito de armas de fuego Todos estos tres instrumentos contienen elementos de las actuales leyes internacionales sobre trata de personas y el tráfico ilegal de armas. La convención y el…
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Some midsummer highlights from Marijuana Law, Policy & Reform
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Crash on US93 at milepost 346, south of Idaho/Montana border
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: 7/13/2018 6:46 p.m. Please direct questions to the District Office Idaho State Police is on scene of a crash on US93 at milepost 346, four miles south of the Idaho/Montana border. The southbound lanes are currently blocked. More information will be released as it becomes available. 3683 / 3318 -------------
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New York Health Department issues big report concluding benefits of marijuana legalization outweighs potential costs
As the New York Daily News puts it here: "The New York State Health Department is high on the prospects of legal marijuana." Here is what they mean: In a long-awaited report released Friday, the Health Department concluded the “positive effects of a regulated marijuana market in NYS outweigh the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/q2Ock0tLTpg" height="1" width="1" alt=""/>
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Man Accused of DUI Uses Flames from Crash as Lighter
A man who has been accused of driving while under the influence of alcohol allegedly caused an accident on Sunday and was reportedly seen walking back to his burning vehicle to light a cigarette off of the flames. The alleged driver of the car, 25-year-old Robert Quigley, was traveling on Interstate 80 with a woman in the passenger seat when his vehicle, which is suspected of traveling at a speed of nearly 80 mph, crashed into the back of an SUV that was at a standstill in traffic. Following the collision, Quigley’s car ignited from what was suspected as a possible breach in the fuel line. A nearby Citrus Heights Police officer reported that he noticed the accident when Quigley’s car caught fire, and when he headed toward the scene to assist he believed that Quigley changed seats with his passenger so that it would appear as if she was the driver. Continue reading →
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NY3: Neutral and detached magistrate claim has to be preserved for appeal
Defendant’s claim that the issuing magistrate was not neutral and detached was not preserved for appellate review. And, in any event, it lacks merit because there was plenty of probable cause. People v. Schaefer, 2018 NY Slip Op 05235, 2018 … Continue reading →
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TN: Seizure of a cell phone incident to arrest is provided for in Riley; search still requires warrant
Defendant’s cell phone was properly seized incident to his arrest, as contemplated by Riley. It was not searched until a search warrant was obtained. State v. Wade, 2018 Tenn. Crim. App. LEXIS 523 (July 13, 2018). The search warrant for … Continue reading →
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Silly Indictments and Russia’s Crimes
The announcement by Special Counsel Robert Mueller of the indictment of 12 Russian GRU officers for hacking brought the usual cheers and jeers. That this was an affront to the United States isn’t, or at least shouldn’t be, controversial at all, any more than the Russians planting a spy in our State Department or military. That they hacked us is certainly a terrible thing from our perspective, but it does little to inform us as to why this is a crime. After raising this question, following disclosure of the indictment, there were numerous responses that reminded me that people really have no grasp of criminal law, and that included lawyers who replied with some exceptionally dumb reactions. This “crime” involved Russian military officers physically located in Russia hacking servers in the United States. So outrageous that they would interfere in our elections, even if we’ve been doing that to others for decades. But we’re us, so the…
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NMCCA: Despite lack of PC for search authorization, GFE applies because everybody thought there was PC
Defendant service member had sex with another service member, allegedly taking pictures and videos of her. Then he allegedly tried to extort her over the pictures, which she reported. A search authorization was issued for defendant’s on base housing to … Continue reading →
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