He was in the mob. No, not “our thing,” but the other mob. In my previous life, I was a self-righteous social justice crusader. I would use my mid-sized Twitter and Facebook platforms to signal my wokeness on topics such as LGBT rights, rape culture, and racial injustice. Many of the opinions I held then are still opinions that I hold today. But I now realize that my social-media hyperactivity was, in reality, doing more harm than good. This isn’t an entirely new phenomenon. For one thing, people regularly come to epiphanies about themselves, their actions, after the feces splatters all over them. For another, this isn’t the first made man to find himself the target of his own kind. Brett Weinstein, the Evergreen College biology prof who dared to propose the slightest tweak to Inquisition suffered the same fate. Weinstein, too, became an evangelist of reason, but only after his escape. In discussing such matters, we’re constrained to…
Confessions of a Made Man
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Update 3: Fatal Crash Blocks 2nd Avenue East in Twin Falls.
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 07/15/18 5:04 A.M. Please direct questions to the District Office *** Update 3 *** On Saturday, July 14, 2018, at approximately 10:29 p.m., Idaho State Police investigated a vehicle versus pedestrian crash at 2nd Ave. E. and Ketchum St. E. in Twin Falls. Karen D. Guymon, 46, of Twin Falls, was driving westbound on 2nd Ave. in a 2001 Toyota Camry when her vehicle struck two pedestrians who were in the lane of travel. Aikoma Nensy, 38, of Micronesia, succumbed to her injuries at the scene of the crash. JonJon Anakeneto, 38, of Micronesia, was also struck by the vehicle. Anakeneto was transported by ground ambulance to St. Luke's Magic Valley Medical Center. Guymon was…
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Just The Facts
Politicians have always been accused of lying to win, but in our ancient history, we trusted the institution of the Fourth Estate to tell us the facts, without fear or favor. The core of this belief was that news reporting, journalism, was above partisanship and could be trusted. Both sides of this equation have changed over the past generation. For the young, who have had the misfortune to come of political age for the last election, it may seem as if this is an entirely new phenomenon, but politics was vicious and false at the inception of this country and, with occasional calm, has remained so. Arguably, the relative depth of shamelessness plumbed new depths in the last election, with the ridiculous claims of Darth Cheeto. Or some might attribute it to the rebirth of advocacy journalism, where we’re told the reporters’ “truths” instead of facts because of some narcissistic belief that they grasp deeper truths and hold some deeper duty to teach the…
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W.D.Mo.: Cell phone seized during child porn raid was initially seized and searched, and then seven months later searched again; no exclusion
The defendant’s cell phone was seized during a child pornography raid. The phone was attempted to be searched reasonably promptly, and it was confirmed there was child pornography on it. The search was not completed, however, because of problems with … Continue reading →
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CA3: Def’s trespass argument of using key to find door was interesting, but waived
Defendant raises an interesting argument, but it’s raised for the first time on appeal and thus waived: “Wheeler next argues that under the trespass theory of the Fourth Amendment articulated in United States v. Jones, 565 U.S. 400 (2012) and … Continue reading →
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W.D.Mo.: Overnight guest didn’t have standing in attic
Defendant was an overnight guest in a house searched with a warrant. A protective sweep of the attic was done, and the only way into the attic was from the room defendant was staying in. The court first finds that … Continue reading →
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Short Take: The N-Word In Evidence
Fourth Circuit Judge Pamela Harris wrote the opinion on behalf of the unanimous panel. Franklin Savage alleges that he was subjected to unlawful discrimination and retaliation while he was employed by the Pocomoke City Police Department and on detail to the Worcester County Criminal Enforcement Team (“CET”), a multijurisdictional drug interdiction task force led by the Worcester County Sheriff’s Office. He and two co-plaintiffs, all African Americans and former Pocomoke City police officers, filed a suit against multiple state and local agencies and their employees, alleging widespread race-based employment discrimination and retaliation. A cop alleging a Title VII hostile work environment doesn’t happen every day, but this case raised a peculiar twist. During the meeting, Savage alleges, [State’s Attorney Beau Oglesby] “presented some documents” – letters written by the suspects…
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WY: PC existed for vehicle search before dog was called in; legality of stop abandoned
Defendant’s three sentence motion to suppress said it would follow up with authority. The motion and hearing without that authority narrowed the scope of the claim and abandoned the justification for the stop and any state constitutional claim. What developed … Continue reading →
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OH7: There was plenty of PC for def’s DNA in a murder case to connect him to the body found in his house
Affidavits for search warrant can be based on hearsay, and here the totality of information was probable cause to gather defendant’s DNA in a murder case. There was a known connection between the defendant and the victim, and male DNA … Continue reading →
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LOS EXTRAÑOS Y LAS INVASIONES
https://elcomercio.pe/opinion/colaboradores/hortelanos-republicanos-instituciones-peru-alberto-vergara-noticia-536177 Gran artículo de análisis. Al terminar su lectura he pensado que, si la realidad actual es sólo hacer dinero -criterio que comparto-no interesa la "democracia" a la que el lucro ha pasado por encima postergando cargas sociales que perjudican la "productividad" tal como la presenta en su editorial de hoy (15-07-2018) el decano de la prensa nacional. En consecuencia, como no estamos para discutir si "democráticamente" rescatamos al País mejorando sus instituciones, no el huevo visto externamente, sino lo que tiene dentro,es un empeño no práctico. Estimo que, solo nos queda la REVOLUCIÓN POPULAR para darle a los ricos mucho de su propia medicina, tal vez podamos refundar la Nación disminuyendo sustancialmente la desigualdad terrorista que vivimos.. …
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Roadside PBT breath testing – Fairfax DUI lawyer on its limits
Roadside PBT breath testing – Fairfax DUI lawyer on its limits Roadside PBT testing – Fairfax DUI lawyer on the limits of using such testing in court Roadside PBT breath testing is routinely attempted by police in Virginia DUI/DWI prosecutions. As a Fairfax criminal lawyer, I pounce on such evidence. Many — but, unfortunately, not all — Virginia judges sufficiently follow the dictates of Virginia Code § 18.2-267, which bars the preliminary/portable breath testing (“PBT”) evidence in DUI cases other than for suppression motion hearings, and bars such evidence at a suppression hearing where the following three conditions of § 18.2-267 are met: (1) The police officer must tell the suspect that s/he has the right to refuse the PBT test; (2) the police officer must advise the suspect that the results of the PBT test “shall not be admitted into evidence in any prosecution for an offense listed in subsection,” and (3)…
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Court Reverses Fraud Sentences Based on Faulty Loss Calculations
Defendants Zafar Mehmood and Badar Ahmadani ran several companies in Michigan that purported to provide home health services to home bound patients. The United States, however, alleged they ran a complicated scheme to defraud Medicare. A jury subsequently convicted both defendants of conspiracy to commit health-care fraud and of engaging a conspiracy to pay and receive kickbacks. In addition, the jury convicted Mehmood of health-care fraud, conspiracy to commit money laundering, money laundering, and obstruction of justice. After calculating the amount of loss for each defendant, the District Court sentenced both defendants to below-Guidelines sentences and ordered them to pay approximately $40 million in restitution.On appeal, both Mehmood and Ahmadani challenged their convictions and sentences. Although the Court found the District Court committed plain error by not following the procedures outlined in the Court Interpreters Act in finding that…
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FIRST-STEP opposition shows why partisanship is the bane of criminal-justice reform
Just Liberty this week will launch a new action alert asking Texas Sen. Ted Cruz to support the federal FIRST-STEP Act, which regrettably puts us at odds with some national reform groups like the ACLU and the Leadership Conference (now headed by our old pal Vanita Gupta, lately of Obama-Administration fame).Other #cjreformers like Families Against Mandatory Minimums, the #Cut50 campaign, and Right on Crime support the measure.Decision TimeAs Just Liberty's Policy Director, I had to make my own assessment. And from a #cjreform perspective, it's impossible not to conclude that FAMM and #Cut50 are right on this one and ACLU and the Leadership Conference are letting partisanship impede doing what's best for prisoners.The main criticism of the FIRST-STEP Act is that it doesn't go far enough, failing to embrace sentencing reform measures which would more fundamentally confront federal mass incarceration trends. Here's how a San Antonio Express-News editorial…
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Human Rights Watch Blog: US: Government Has Planted Spy Phones With Suspects
Human Rights Watch Blog: US: Government Has Planted Spy Phones With Suspects: (Washington, DC) – United States law enforcement has used undercover distributions of phones to monitor suspects’ activities, raising rights concerns, Human Rights Watch said today. The Justice Department … Continue reading →
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ACLU Blog: Stop-and-Frisk Settlement in Milwaukee Lawsuit Is a Wakeup Call for Police Nationwide
ACLU Blog: Stop-and-Frisk Settlement in Milwaukee Lawsuit Is a Wakeup Call for Police Nationwide by Nusrat Choudhury: In a banner day for police reform, the city of Milwaukee has entered into a settlement agreement to end practices amounting to a … Continue reading →
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Teaming Agreements Offer Government Contractors A Way To Avoid Court Battles
Like most small businesses, government contractors are focused on keeping control over their expenses. And who doesn’t hate that one dreaded line item: legal? Well, who other than lawyers that is. Admittedly, this may be a counterintuitive point for a litigator to be raising. But the fact is, savvy companies wanting to secure government contracts realize they need to find creative ways to avoid the courthouse while increasing the chances of being a successful bidder. One such strategy allows competitors and collaborators to band together to pursue a contract by creating a “teaming agreement.” This allows multiple firms to pool […] The post Teaming Agreements Offer Government Contractors A Way To Avoid Court Battles appeared first on Harvey & Binnall, PLLC.
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14 Reasons to Win a Formal Review Hearing
Why have a formal review hearing? Many attorneys taking DUI cases in Florida have given up on conducting formal review hearings. For anyone who can afford to hire an attorney to help them with the formal review hearing, the benefits of having the hearing far outweigh the potential hard suspension. Let’s start with the fact […]
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"Incarceration, Recidivism, and Employment"
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Against Life Without Parole Judith Lichtenberg Georgetown University Date Posted: 18 May 2018 [7th last week] 124 2. American Evil: A Response to Kleinfeld on Punishment Andrew Koppelman Northwestern University...
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State Investigating Grow House For Pesticide Use
The last few months have been a relatively quiet time regarding medical marijuana news stories in Maryland. The program seems to be running smoothly and there have been no major incidents at state licensed grow houses and dispensaries such as break-ins or missing product. The baseless concerns about the possibility of kids and vagabonds hanging out in dispensary parking lots has obviously not come to fruition, and general crime involving medical marijuana has been pretty much nonexistent. Wait times at dispensaries has been manageable and the supply chain of flower is steady. There are still some gripes about the inexplicable absence of edibles and other forms of the medicine, but overall the program’s first year is going well. No news is good news for the (still) controversial medical marijuana program, so when you see the words medical marijuana in the Sun or the Post these days it’s likely to report a problem. There appears to be a…
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