IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 07/15/2018 5:12pm Please direct questions to the District Office The Idaho State Police is currently on scene of an injury crash at mile marker 456.3 in Bonner County. The road is completely blocked. Avoid the area or use an alternate route. Additional information will be released when available. DRO -------------
Blocking injury crash US95 @456.3 Bonner County
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(update)Blocking injury crash US95 @456.3 Bonner County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 07/15/2018 6:44pm Please direct questions to the District Office The Idaho State Police is currently on scene of an injury crash at mile marker 456.3 in Bonner County. The road is completely blocked. Avoid the area or use an alternate route. Additional information will be released when available. **Update** All lanes are now open. DRO -------------
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Two vehicle crash at Maple Street and College Ave in Caldwell
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: 7/51/2018 9:15 p.m. Please direct questions to the District Office On Sunday, July 15, 2018 at approximately 4:42 p.m., Idaho State Police investigated a two-vehicle, injury crash at the intersection of Maple Street and College Ave in Caldwell. Margaret Blake, 72, of Caldwell, was driving eastbound on Maple Street in a 1992 Oldsmobile Cutlass. A Caldwell City police officer was driving southbound on College Ave in a 2018 Chevrolet Tahoe. The vehicles collided at the intersection of Maple Street and College Ave. Both drivers were wearing a seatbelt. Blake was transported to St. Alphonsus Regional Medical Center in Boise by ground ambulance. The Caldwell police officer…
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Prison system is Texas' third largest employer
The Texas Department of Criminal Justice is the state's third largest employer, according to Grits' calculations.I began to investigate that ranking after seeing an article from US News and World Report titled, titled, "Can the Rural Prison Economy Survive the Decarceration Era?" According to that story, the Department of Corrections in Pennsylvania is the 15th largest employer in that state. How does that compare to Texas, I wondered?TDCJ employs more than 37,000 people at any given juncture. How does that compare to other large, Texan employers?There doesn't appear to be an official government listing of each state's largest employers, and I couldn't find specific data either from the federal Bureau of Labor Statistics or the Texas Workforce Commission. (Let me know in the comments if you're aware of better sources.) Googling around, however, I found several unofficial lists purporting to identify Texas' largest employers. See…
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Police Use Coin Flip To Decide Woman’s Fate
Two police officers in Georgia have been placed on administrative leave after body camera footage shows them flipping a coin to determine whether a woman they stopped for speeding should be allowed to leave or placed under arrest. The situation happened back in April, but the story is making headlines now that word of what went down has been made public. On that day, Sarah Webb was running late for her job at a hair salon, and she was driving faster than she should have been. Two officers spotted Webb driving, and although they didn’t have their radar in use, it was evident that Webb was speeding, so the officers conducted a traffic stop. Since they didn’t have an actual gauge on Webb, the officers had two choices – let her go or place her under arrest. They decided to leave that decision up to fate. At the three-minute mark in the video below, you can see the officers using a coin flip app to decide whether Webb should be allowed to leave or if they should…
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The Necessity Defense in the Context of Driving While Impaired
When does a person charged with Driving While Impaired have the ability to claim the necessity defense? In most attacks to a driving while impaired case, the defense is trying to argue reasonable doubt as to one or more of the elements of the DWI charge. However, there are affirmative defenses allowed to DWI and one defense that has been a focal point of recent NC appellate opinions is the defense of necessity. There are a number of scenarios where a defendant may be able to successfully argue the necessity including: a medical emergency, fleeing from a dangerous situation, or even responding to a vehicle’s mechanical failure. This article discusses the necessity defense as it applies to DWI cases and a framework for arguing these cases to a judge or jury. Public Policy behind Necessity Defense I generally don’t start legal arguments by advocating public policy. But, in the context of the necessity…
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News Scan
More Unrest in Chicago: A violent protest broke out in Chicago last Saturday night after police shot and killed 37-year-old Harith Augustus during a confrontation. Rosemary Sobol, Nuccio DiNuzzo, Hannah Leone, and Jeremy Gorner of the Chicago Tribune report that shortly after the shooting, a crowd of roughly 200 gathered in front of the 3rd District Police Station including police reformists, Black Lives Matter organizers, Citizen Police Accountability Council members and independent citizens who said they simply cared that police had shot another black man. Over the course of the next three hours their chants included "No justice, no peace," "Ain't no justice in this town," "How you spell racist? CPD" and "Cops and crime go hand in hand." Legal observers with the National Lawyers Guild wore bright green baseball-style hats, hanging back and keeping an eye on the demonstration. While the response to the…
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The Difference Between a Private Criminal Defense Lawyer and a Public Defender
If you need a criminal defense lawyer, you may be wondering whether you should hire a private attorney or work with the public defender’s office. While both can be beneficial, it is often better for your case to have a private criminal defense attorney on your side. To speak with a Pittsburgh criminal defense lawyer today, do not hesitate to contact our team at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC. To learn all of your legal options, call us at right away for a free consultation. The Use of Public Defenders Is Reserved for Indigent Defendants The Alleghany County Public Defender’s Office, which handles cases in and around Pittsburgh, will not take your case if your household exceeds the following income limits: Family of one – $12,140 per year of $1,012 per month Family of two – $16,460 per year or $1,372 per month Family of three – $20,780 per year or $1,732 per month Family of four – $25,100 per year or $2,092 per…
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Second Chance Body Armor’s former president settles False Claims Act allegations
In a long-running civil fraud case alleging defective bulletproof fibers used in body armor vests purchased by police forces with federal funds, the former president of Second Chance Body Armor has agreed to pay $125,000 outright, and forfeit his interest in $1.2 million in frozen funds, the Department of Justice announced on July 16. According to DOJ’s press release: Richard C. Davis, the founder and former president and CEO of Michigan-based Second Chance Body Armor, Inc., agreed to resolve claims under the False Claims Act in connection with his role in the sale of defective Zylon bullet-proof vests purchased by the United States for federal, state, local and tribal law enforcement agencies, the Justice Department announced today. Mr. Davis will relinquish his interest in $1.2 million in assets previously frozen by the United States and will pay an additional $125,000 to the United States. This settlement is based on Mr. Davis’ ability to pay. Second Chance…
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Binder & Chiesa on Inciting Suicide
Guyora Binder and Luis E. Chiesa (University at Buffalo Law School and State University of New York at Buffalo Law School) have posted The Puzzle of Inciting Suicide (American Criminal Law Review, Vol. 56 (Forthcoming)) on SSRN. Here is the...
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Odes to bipartisanship, on #cjreform and beyond
While this blog has focused on bipartisan #cjreform planks in the Texas Republican and Democratic Party platforms (see a link roundup and discussion here), GOP SD 11 Chairman Scott Bowen published a column last week at Big Jolly Politics detailing bipartisan platform agreement across an array of issues.Texas Rs and Ds agree on a lot more than you think.RELATED: See also a column at BJP from Howie Katz, who comments at Grits under the pseudonym BarkGrowlBite, discussing #cjreform planks in the state GOP platform. According to Katz, "One would have to think that some of these planks were written by Democrats, not by Republicans." But the response in the comment section found numerous GOP stalwarts taking issue with that assessment. Well worth a read for those interested. (See also Grits' writeup of #cjreform planks in the state GOP platform.)FWIW, having worked the Just Liberty booth at the GOP convention and spoken to hundreds of delegates in San Antonio…
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Is being a ‘Peeping Tom’ illegal in Florida?
A former Volusia County, FL church pastor is accused of taking an upskirt picture of a member of the congregation in April and has been charged with video voyeurism on Thursday. According to the Volusia County Sheriff’s Office, the 31-year-old man is facing a felony charge and was being held at the Volusia County Branch Jail before he posted a $2,500 bond Thursday afternoon. On Sunday, April 8, 2018, a 41-year-old woman was attending services at the church, when she met with the man in his office along with his children after service. According to officials, the man asked the woman to help put his youngest child in a car seat. She claims she felt the man touch her leg and turned around to see he was holding his cell phone and it had a red light on. The woman and members of the church apparently confronted the pastor, who was removed from the church. Video voyeurism is a serious crime with serious penalties. It is classified as a third-degree felony which is…
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Inmate’s Claim He Was Too Sick to Face Lethal Injection Fails to Halt Execution
A 66-year-old man in a wheelchair who claimed his veins would not handle a lethal injection failed to halt his death by lethal injection in Texas. Danny Bible was executed last month almost 40 years after the body of 20-year-old Inez Deaton was found in a field near a car wash in Harris County. Bible was just the second person to be executed under Harris County District Attorney Kim Ogg, reported the Texas Tribune. Ogg is a Democrat. Since her election in 2016, she restricted the use of the death penalty in a county that has executed more people than any jurisdiction other than Texas itself. She made an exception in the case of Bible. The 66-year-old repeatedly raped and stabbed his victim with an ice pick in May 1979. Deaton’s murder went unsolved for about two decades. Bible was dubbed the “ice pick killer.” He confessed to Deaton’s murder in 1998, when he was arrested in Louisiana in another rape case. In 1983, Bible raped and murdered Pam…
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Centurion Ministries Client David Bryant Released After 42 Years of Wrongful Incarceration
On Wednesday, July 11, 2018, Centurion Ministries client David Bryant was released after spending 42 years in prison for a crime he did not commit. In 1975, Bryant was wrongly convicted of raping and murdering an 8-year-old girl. Bryant claims he falsely confessed after a 12-hour interrogation by police that included physical abuse. In 2010, Bryant’s post-conviction attorneys tested his blood type, which had not been established at his first trial. They then compared his blood type to the semen found on the victim’s clothing and determined it could not have belonged to Bryant. Based on this new evidence, Bronx Supreme Court Judge Seth Marvin vacated Bryant’s convictions in 2013. Bryant’s freedom did not last long. One year later, a state appeals court reversed the lower courts’ decision, and Bryant was sent back to prison. “Although there was a lack of physical evidence connecting defendant to the crime, his guilt was established on the basis…
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New Jersey DWI Based On Blood Alcohol Content Greater than 0.10 Percent
Not all DWIs are created equal. While all potential DWI charges can adversely affect one’s life, the consequences can be even more severe if the percentage of alcohol in your blood exceeds 0.10 percent. If you or someone close to you has been charged with a DWI in New Jersey, you need to reach out to a skilled New Jersey DWI attorney. With years of experience, we can provide you with the legal assistance you need throughout the entire process. Last month, a New Jersey woman was arrested and charged with an aggravated DWI after a two-car crash in Lake George. According to the Warren County Sherriff’s Office, a deputy responded to an accident involving two vehicles. Upon arrival, the deputy noticed that one of the drivers exhibited signs of inebriation. S.G., age 56, then failed field sobriety tests. She was then given a breath test which showed that her BAC was .24 percent, which is more than double the legal limit. Under New Jersey law, if a person is found to be…
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RECENT COURT OF APPEALS DECISION: ENHANCED REUNIFICATION SERVICES UNDER ADA: DC FAMILY LAWYER
The Court of Appeals in IN RE H.C.; K.C decided on July 5, 2018, redefined and expounded on what constitutes reasonable efforts toward the goal of reunification when dealing with a parent with intellectual disability and eligible for receiving services through DDS (“Department of Disability Services.”) In this case the child was removed at birth from the mother’s care due to the mother’s cognitive and intellectual disabilities. The trial court had held that mother’s intellectual disabilities and mental health needs rendered her incapable of properly caring for the child even with the wrap around services, parental training and other assistance provided by the government. The mother on appeal contended that the Superior Court violated her rights under federal law – the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act of 1973 – to reasonable and effective accommodations of her intellectual disability…
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www.linkedin.com
Happy Monday! We would like to take this time to thank all our Facebook followers. Start the week off by following us on LinkedIn as well. https://www.linkedin.com/company/the-law-office-of-david-p–shapiro?trk=ppro_cprof The post www.linkedin.com appeared first on Law Office of David P. Shapiro.
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Crusto on Fatal Police Shootings
Mitchell F. Crusto (Loyola University New Orleans College of Law) has posted Right to Life: Interest-Convergence Policing on SSRN. Here is the abstract: In the United States, police officers fatally shoot over a thousand people every year. Yet, those officers...
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Supreme Court Narrows Ability to Recover Internal Investigation Costs
In January, this blog previewed the Supreme Court’s grant of certiorari in Lagos v. United States to resolve a circuit split regarding whether companies could recover costs of internal investigations under the Mandatory Victims Restitution Act (MVRA). At the end of May, the Court issued a unanimous opinion sharply curtailing the ability to recover such costs. The MVRA allows victims of financial fraud to recoup expenses caused by the criminal activity. Before Lagos, six circuits read the MVRA’s provision mandating reimbursement for “expenses incurred during the participation in the investigation or prosecution of the offense” to apply broadly to costs that were “foreseeable.” Only the DC Circuit disagreed with this interpretation, limiting reimbursement for internal investigations only to those that were directly requested or required by the government. In Lagos, the Fifth Circuit joined the other six circuits holding that the MVRA required a…
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Implications of Judge Kavanaugh’s Nomination for Criminal Sentencing
Imagine an individual who is convicted of fraudulently obtaining $5,000 but simultaneously acquitted by a jury of conspiring to fraudulently obtain $1 million. Yet at sentencing, the court bases its sentence of the defendant not on the $5,000 fraud of which he was convicted but on the $1 million conspiracy for which the judge finds him culpable. Under the federal sentencing guidelines, the dollar amount of a fraud or theft is a primary determinant of the recommended sentence. Although the guidelines sentence is only advisory, the judge is required to calculate and consider it; in this circumstance, a defendant’s sentence could potentially increase from probation to three years. Yet even though the court has in some way contradicted the jury’s verdict, such a result is in many cases allowed under current law. Besides seeming unfair, the ability of prosecutors to use acquitted conduct at sentence may allow them to bring more numerous charges against defendants under…
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