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Lots of notable reactions to and predictions after Ohio's latest struggles with lethal injection

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As reported here and here, Ohio's experiment with a new and novel two-drug execution protocol this past week did not look as peaceful as most everyone wants. While the reaction by the family of the executed murderer is to talk...

NYT Opinion: Madison’s Privacy Blind Spot

WaPo: Obama faces big hurdles in plan to limit NSA power

Sunday Morning Open Thread

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In case you are wondering, I like the Pats (+5 1/2) (and on the moneyline (+200)) and the Niners (+3) (+110) today. In soccer, Chelsea, Athletico Madrid and Barcelona are my choices. Open Thread. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Tim Grittani, Fellow Marquette Alumnus, Makes $1 Million Trading Penny Stocks

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Tim Grittani, a student in the Timothy Sykes Millionaire Trading Challenge, hit the $1 million profit mark a few weeks ago. Grittani graduated with a finance degree from Marquette University, my alma mater (and the university at which I am now teaching Fraud Examination to graduate students), and starting trading penny stocks with $1,500.  In […]

Give a Breath Sample — or Be Strapped Down and Jabbed With Needles

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I’ve written in the past about the growing practice of forcibly taking blood from a drunk driving suspect, sometimes done by a cop in the field.  See, for example, Taking Blood by Force, Forced Blood Draws by Cops: Constitutional?, Forced Blood Draws by Cops Spreading, Blood Draws in the Back Seat by the Dashboard Light and Forced Blood Draws: Citizen Backlash?.    […]

" Man in Oklahoma church bomb plot not guilty by reason of insanity"

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From Reuters.com: A 25-year-old man accused of plotting to bomb numerous churches in Miami, Oklahoma, with an arsenal of Molotov cocktails was found not guilty by reason of insanity on Friday. Gregory Weiler II was arrested in October 2012 after...

NC - Sheriff reacts to arrest of school officer (Daniel Lindsey) for having sex with a student

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Daniel LindseyOriginal Article 01/18/2014 By Bill Moss Investigators arrested a Balfour Education Center school resource officer on three felony charges of having sex with a 16-year-old student after the Sheriff's Department received allegations of inappropriate conduct, the Henderson County Sheriff's Department said in a news release. Deputy Daniel Lindsey, 27, was arrested without incident shortly after midnight at his residence in Mountain Home. Lindsey was charged with three felony... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

TechCrunch: Protect Yourself From The NSA With WireOver’s Encrypted File Sharing

FL - Is Intracoastal big enough barrier to sex offender?

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Original Article 01/19/2014 By Larry Barszewski FORT LAUDERDALE - The city says a registered sex offender lives too close to Birch State Park, even though a child at the park would have to swim or kayak almost 400 feet across the Intracoastal Waterway to pass by his Coral Ridge home. By foot or bike, the distance is closer to 1.5 miles. _____, 51, is suing the city in federal court, saying he should not have to move out of the home he has lived in with his domestic partner for 18... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

Dear Prudence: I want to kill myself so my family gets the insurance

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Emily YoffeOriginal Article 01/16/2014 By Emily Yoffe Dear Prudence, My husband is a loving man, a wonderful father, and a sex offender. Before you or your readers assume the worst, when he was 16 years old he had sex with his 13-year-old girlfriend. Despite his girlfriend’s pleas, her parents got angry, he was convicted, and now his life is now ruined. I knew all this when I met him and I thought I could make things better. It happened 17 years ago and was his only offense, yet it is... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

Top-Ten Recent SSRN Downloads

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in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 492 In Search of Effective Ethics & Compliance Programs Maurice E. Stucke, University of Tennessee College of Law, Date posted to database: December 12, 2013...

Dr. King and His Ideals in 2014

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This year’s tribute to Dr. King has to do with this country’s economic well-being.  When a person talks about his own well-being it is often in the context of how he is feeling physically, mentally and emotionally.  When disease, injury … Continue reading →

CPLR 1311

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This is an action for a forfeiture claim. In essence, plaintiff alleges that the non criminal defendants are dentists who billed the state program for unauthorized dental services provided by the criminal defendant and companies he is alleged to have...

Keeping Up with the Bloggerses

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Warning: This post is not much worth reading. I really just felt the need to write something. Letters, punctuation, and a few typographical devices (like strikethroughs) were backing up into my armpits from the lack of any recent writing, and I had to get rid of some of them. They’ve been creating a kind of […]

DUI AND TRAFFIC LAW TO OTHER VIRGINIA ATTORNEYS

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DAVE CADDELL AND MATT NELSON SERVED ON CLE FACULTY TEACHING DUI AND TRAFFIC LAW TO OTHER VIRGINIA ATTORNEYS The law firm of Caddell Nelson & Reibach is primarily dedicated to defending people charged with traffic and criminal/traffic offenses like driving under the influence of alcohol and reckless driving by speed. In 2013, Dave Caddell and […]

K.C. Chiefs Sued By Former Players--Tip Of The Iceberg

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Last month, five former players for the NFL’s Kansas City Chiefs sued the team, claiming that they are now suffering from brain injuries resulting from repeated concussions they suffered during their playing careers, which the team knew about but failed to warn them about. Alexander Cooper, Christopher Martin, Joseph Phillips, Leonard Griffin and Kevin Porter played all or parts of their careers between August of 1987 and March of 1993, when there was no collective bargaining agreement between the league and the players union. This past August, the NFL purportedly worked out a settlement of a class action lawsuit brought by 4,500 former players and their families who alleged that the league failed to disclose the long term effects of head trauma to players, including memory loss, dementia, vision disturbance, headaches, behavioral problems, depression and difficulty with activities of daily living. Clearly the NFL was anxious to settle the case, as it has been reported that the league has earnings of approximately 10 billion annually, and by settling the cases now, the NFL could buy peace with its former players, avoid some damaging disclosures as to its knowledge of the dangers players faced from repeated head blows, and show the fans that this multibillion dollar enterprise is concerned about the welfare of its’ employees. I noted that the settlement is “purported” (as opposed to finalized) because in the last week, a federal judge in the 3rd District of Pennsylvania, the Hon. Anita Brody, determined that the settlement amount was inadequate, particularly in light of the fact that there are a total of 18,000 current or former players that could have potential claims effected by the settlement in the future. Thus, Judge Brody instructed league officials, the players union and attorneys representing both sides to provide hard evidence as to how the settlement amount of $765 million ($675 million allocated to compensation, $75 million for testing and ongoing treatment, and $15 million for research) would sufficiently cover all of the costs involved. Cooper, Griffin, Martin, Phillips and Porter hope to establish a right to have their cases heard by an arbitrator under the collective bargaining, not in existence when they played. The case was filed in Circuit Court in Jackson County, Mississippi, and is the first case by former players against a specific team. Last month, things became even more complicated both for the Kansas City Chiefs, and more importantly, the NFL. Cheryl Shepherd, the mother of Jovan Belcher, the late Kansas City Chiefs linebacker who killed his baby’s mother Kasandra Perkins and then 2 days later, on December 3, 2012, shot and killed himself in front of then head coach Romeo Crennel and GM Scott Pioli, brought suit against the team for her son’s wrongful death. Ms. Shepherd was given permission by a local Court to exhume Mr. Belcher’s body so that his brain could be examined for signs of CTE, chronic traumatic encephalopathy, which she alleges could have been due to repeated concussions, and possibly the reason for his depression, mood swings and ultimately the horrific events of December 1 and 3, 2012. This a truly a crossroads for many ex-players and the NFL. First, the players who have signed on to the settlement agreement must convince a federal judge that the settlement amount is sufficient, not just for the present players seeking treatment, testing and compensation, but for the future claimants that will be seeking the same. From the players point of view, one of the benefits of the settlement, even if possibly inadequate, is not having to prove causation, i.e., that all of the physical, mental and emotional problems they are experiencing are caused by having played professional football and suffering repeated head trauma. For example, in the case of Jovan Belcher, it is now being reported that he also had some behavioral and violence issues while at the University of Maine, which caused him to put his hand through a window after a dispute with a girlfriend. This is only a small example of a much larger issue, that If players decide to opt out of the settlement, their medical histories, playing careers in high school and college, and other information will also be taken into account by juries, and in some cases, this may lead to a unsolved question as to whether and when the brain injuries were suffered. If the evidence is equivocal, players who have rejected the settlement might go to Court and lose their cases. Without doubt, the NFL wants no part of a public disclosure of how much the league knew of the dangers of repeated blows to the head, the protocol for concussions, and the causation of CTE. Thus, working out a deal, albeit for an amount greater than the present 760 million, seems to be the better approach for both sides.

California Governor Jerry Brown Proposes Budget to Fix Prison Overcrowding

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Last week California Governor Jerry Brown proposed a state budget in hopes of rectifying the problem of prison overcrowding in the state.

Should I File An Amended Return and Pay Tax After An IRS Investigation Started?

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It may be a very good idea in many tax fraud investigations to file the missing returns or amended returns and pay the tax liability after the investigation already begun. This can be an effective way to prevent prosecution although nothing is guaranteed. The question is: what if you file the amended returns, pay the […]

Rare coverage of high criminal court races comes from blog, not MSM

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The MSM has all but completely ignored the races for Texas Court of Criminal Appeals, but thankfully Bob Mabry at the blog Courts and Writing has synopses of the Republican primary candidates, which are frankly the only ones that matter. See his writeups of candidates running for:Place 3 Place 4, andPlace 9The latter two items are more substantive. Mabry also has posted brief writeups of several races for various Court of Appeals in Southeast Texas:Fourteenth,First,NinthI must say, given that crime coverage is such a staple of every daily newspaper and TV news broadcast in the state, Grits doesn't understand why these Court of Criminal Appeals races have been all but completely ignored by the press. (The Longview News-Journal started running profiles of the CCA candidates, then stopped before finishing the job.) The MSM seems transfixed on the most salacious details of a handful of cherry-picked individual cases - usually chosen for their shock value rather than their societal import - but pays almost no attention to Texas' high criminal court, even when their rulings affect thousands of cases or degrade constitutional rights. And nobody in the press seems to care about vetting candidates for that body, even in a year when there are three open seats for the first time in recent memory.It's difficult to make sense of that dynamic without viewing the media's crime coverage through an incredibly cynical lens. I try to give my reporter-friends the benefit of the doubt, but there are days when they don't make it easy.RELATED: Dearth of small-government candidates in Court of Criminal Appeals races, and High-court watching: When the right-hand shoulder becomes the middle of the road.
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