Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71824 articles
Browse latest View live

Aggravated Assault and Cars

0
0
In order to prove the crime of aggravated assault, a prosecutor in Florida has to show that the person accused of committing that crime had a specific intent to do violence to someone else.  What is important is the… The post Aggravated Assault and Cars appeared first on Chapman Criminal Defense Firm.

"New App Lets Bay Area Commuters Silently Report Crime"

0
0
From FindLaw. In part: The Bay Area Rapid Transit (BART) has released a new mobile app that allows riders to discreetly report criminal activity on the trains. BART Watch, available on iTunes and Android in English, Spanish, and Chinese, empowers...

Divorce Can Be Deadly

0
0
In 1967 psychiatrists Thomas Holmes and Richard Rahe examined the medical records of over 5,000 patients in their research to determine whether stress causes illness. A positive correlation was found resulting in the Social Readjustment Rating Scale, also called the Holmes and Rahe Stress Scale. The Scale identifies life events and ranks them based on the the level of anxiety they instill. The death of a spouse rates highest at 100 units, with divorce right behind. Holmes and Rahe later adapted their testing to children, finding that the death of a parent ranked highest, followed closely by parental divorce. It shouldn’t surprise us then that divorce is a catalyst for stress, anxiety, acting out and in rare cases, murder. That brings me to the case of Michael Petersen in Nebraska who experienced an ugly divorce that stretched from 2002 to 2005. All of the triggers for hostility and resentment were present including a custody fight, a never-ending battle over financial…

Oklahoma Murderer Died From Execution, Not Heart Attack

0
0
Remember Clayton Lockett, the Oklahoma murderer who supposed died of a heart attack rather than the lethal injection?  Well, never mind.  An independent autopsy found he did indeed die of the lethal injection drugs, Tim Talley of AP reports.An autopsy on an Oklahoma inmate who died after his troubled execution was halted concluded that he was killed by the lethal drugs, but it doesn't explain why he writhed, moaned and clenched his teeth before he was pronounced dead about 43 minutes after the process began.This execution still counts as "botched," in my view, but it is the only one in years that does.  We can't say with confidence that he was "under" from the beginning of the procedure, which we can with the others.

Wisconsin man ordered to pay restitution to child porn victim in North Dakota

0
0
This is victim one, he has ??? more should they come forward in the future.8-29-2014 Wisconsin, North Dakota: A Wisconsin native living in Fargo, N.D., recently became the first person in that state ordered to pay restitution to a child pornography victim, following a United States Supreme Court decision this year about child porn restitution. Robert Carey Evans, 58, of Waukesha, was ordered

Judicial Nominees and Practical Experience

0
0
Five years ago, California Governor Arnold Schwarzenegger nominated former state Senator Charles Poochigian to the state Court of Appeal.  He was evaluated by the State Bar Commission on Judicial Nominees Evaluation and given the lowest rating, Not Qualified.  This was not because of his personal characteristics.  On the contrary, reported Kenneth Ofgang in the Metropolitan News-Enterprise at the time, JNE Commission Chair Jonathan Wolf of San Francisco wrote to the chief justice that the nominee "is intelligent, diligent, and articulate...is an independent thinker, courteous, and even tempered...works well under pressure and demonstrates courage, compassion, and common sense...is a hardworker...and...is committed to public service."So what was the problem?  There was one and only one.But Poochigian's legal background does not qualify him for the appellate bench, Wolf said, explaining:"He had not practiced law for approximately 21 years…

RCNY, Title 38, and Chapter 12...cont

0
0
The time for the Property Clerk to commence a forfeiture action was established in accordance with Mc v. R and subsequent regulations codified in RCNY, Title 38, and Chapter 12. In Mc v. R the Second Circuit held that former section 435-4.0, now 14-140, of the Administrative Code of the City of New York, relating to the duties and powers of the Property Clerk, violated due process as applied to persons from whose possession money or property, other than contraband, has been taken or obtained, though such money or property was not related to any criminal proceeding, or, if it was so related such criminal proceeding had been terminated, or if the money or property had been needed as evidence in the criminal proceeding, it was no longer needed for that purpose. On remand from the Second Circuit the District Court construed the Second Circuit's decision as requiring that in the circumstances described in that decision, the property clerk must initiate forfeiture or other…

2 Vehicle injury crash on US95

0
0
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: Friday August 29, 2014 6:05 p.m. Please direct questions to the District Office On August 29, 2014, at 3:10 p.m., the Idaho State Police investigated a two vehicle injury crash on US 95 at milepost 71. Nicholes Partin, 60, of Midvale, was driving southbound on Highway 95 in a 1998 Toyota Camry. Todd Bratcher, 41, of Payette, in a 2011 Chevrolet Cruz, failed to yield at a stop sign and pulled onto Highway 95, striking the Toyota. Partin and his passenger, Joyce Partin, 60, of Midvale, were transported via ground ambulance to St. Lukes Physicians Care Center in Fruitland. All occupants were wearing seatbelts. The crash is under investigation by the Idaho State Police.…

Free Report: Dismissing a Criminal Conviction in California

0
0
Only experienced California criminal defense attorney can review the facts of your case and provide you with advice about your eligibility; however, a basic understanding of the criteria for dismissal and the procedures involved may be beneficial in the meantime. Topics covered in this report include: Why Clearing Your Record ... The post Free Report: Dismissing a Criminal Conviction in California appeared first on Law Office of Domenic J. Lombardo.

Steelers Players’ Arrests Shed Light on Drug DUI Cases

0
0
Did you know you can receive Los Angeles DUI charges for driving under the influence of illegal or prescription drugs? If not, this story involving two Pittsburgh Steelers players may be of particular interest. On Wednesday, August 20, police stopped LeGarrette Blount and Le’Veon Bell, two Steelers running backs, on suspicion of marijuana possession. The two were on their way to the airport to fly to a preseason game; instead, they now face DUI charges. The driver, Bell, admitted to having purchased and smoked the marijuana; however, he claimed not to have been aware he could be subject to DUI charges as a result. After Bell failed a sobriety test, police took him into custody and transported him to a hospital for a blood test. Although this incident occurred in Pennsylvania, the circumstances remain similar to what could happen to a driver in California. When it comes to DUI, the state penal code views drug intoxication and alcohol intoxication in the same way. When…

DUI fatality cases in Illinois

0
0
A news media outlet filed a report concerning a DUI offense that occurred in Illinois. The report indicates that 11, resulting in the death of a passenger and injuries to other passengers. The driver is charged with what is known as “aggravated DUI”.  Under Illinois law, aggravated DUI is a felony. (625 ILCS 5/11-501(a)(1)) A standard DUI is a class-A misdemeanor, the highest level misdemeanor, just a step below a felony.  The maximum penalty for a Class-A misdemeanor is  364 days in the county jail and or a fine of no more than $2,500.  (730 ILCS 5/5-4.5-55) The term “aggravated DUI” means that in committing a DUI, the driver did something while driving drunk that makes his or her conduct more serious than a standard DUI, so much so that it is considered felonious.  There is list of aggravated DUI offenses at 625 ILCS 5/11-501(a)(1). The lowest level felony (Class-4) is 1-3 years in prison. A Class-3 is 2-5 years. The sentence…

South Dakota As a Test Case: How DUI Laws Are Changing Across the Country

0
0
Conscientious drivers often believe they know everything there is to know about avoiding a Los Angeles DUI. However, changing California DUI laws sometimes make understanding and compliance seem like a moving target. The same is true in South Dakota, where the state’s Supreme Court recently ruled to eliminate the “implied consent” law, allowing police to obtain blood samples from DUI suspects. Previously, officers could use probable cause to administer breathalyzer tests, sobriety exams, and (if the suspect failed the first two) a blood test. The principle of implied consent asserted any driver pulled over during a DUI stop was also consenting to a blood test. However, several South Dakota counties have rejected this notion, requiring a search warrant before a suspect had to provide a blood sample. Under the new enforcement procedures, authorities must use one of three methods to obtain a suspect’s blood test, including: •    Actual…

2 vehicle injury crash on SH55

0
0
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: Friday August 29, 2014 8:45 p.m. Please direct questions to the District Office On Friday, August 29, 2014, at 4:30 p.m., the Idaho State Police investigated a two vehicle injury crash on Highway 55 at milepost 79, in front of the Banks store. Rachel Roberts, 22, of Garden Valley, was in the parking lot of the Banks Store in a 1975 Chevrolet pickup. Roberts was attempting to turn left onto Highway 55 and collided with a 2014 Dodge Avenger driven by Jeff Tomlinson, 43, of Chino Valley, Arizona. Tomlinson was transported via ground ambulance to St. Alphonsus Regional Medical Center in Boise. Tomlinson's passenger, Marie Wilson, 60, of Keams Canyon, Arizona, was…

AQAP's New Magazine Urges Attacks in U.S. and Britain

0
0
Is AQAP (al Qaida in the Arabian Peninsula) getting jealous of ISIS? Its new magazine, an offshoot of Inspire by Al-Malahem English Production, is called Palestine: Betrayal of the Guilty Conscience. It urges lone wolf attacks in the U.S. and... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Friday Night Open Thread

0
0
It's the last weekend of summer. Sure went by fast. President Obama visited Westchester, NY today and the Secret Service reported they are investigating a threat against him and searching for a 2014 Volkswagon Jetta. Obama then went to Rhode... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Injury Crash Hill St, Kamiah (District Two)

0
0
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT TWO (2) CASE # L14000807 --------------------- PRESS RELEASE ----------------------------- DATE: 8/29/2014 TIME: 9:21 PM LOCATION: Hill St / 12th St, Kamiah,ID ASSISTING AGENCIES: Lewis County Sheriff's Department, Kamiah Marshall's Office, Nez Perce Tribal Police, and the Forest Service Law Enforcement. ------------- VEHICLE #1 ------------- DRIVER Farnham,Sarkisian G AGE 38 Years ADDRESS Kamiah,ID INJURIES? - NO HOSPITAL/LOCATION TAKEN ? N/A VEHICLE YEAR 2002 VEHICLE…

Taser's business model on police body cams

0
0
Grits observed earlier this month that the most successful wearable tech businesses so far have been in the corrections industry - e.g., police body cams, GPS trackers, and alcohol monitors - and dominated by a few companies narrowly focused on law enforcement tech. I'd argued that in the wearables market, "The more significant profit potential comes when you can find ongoing, real-world uses for wearable-generated data." So I was interested to see a recent New York Times piece ("Police cameras can shed light but raise privacy concerns," Aug. 20) describing Taser International's services and fee schedule for its (relatively) new police body cam service:In 2012, Taser began selling its most advanced body camera, the Axon Flex, which can be clipped to an officer’s sunglasses, hat, helmet or epaulets. The Flex, which sells for $599 a unit, captures a wide-angle view that is close to what an officer sees while on patrol. Other cameras,…

Why 20MillionVote.org is “the Reese’s...

0
0
I have a friend named Tony Nelson. He’s not the one from “I Dream of Genie,” but that really is his name. In Summer and Fall 2013, Tony laid the groundwork for Citizens’ Institute for Law & Public Policy, of which I am the Founder, to obtain approvals for our social enterprise, the Citizens’ Institute School for People with Criminal Records, to operate in South Carolina. Around Thanksgiving 2013, Tony introduced me to a man he referred to as “one of my big brothers.” Tony insisted I meet this big brother whose name is Robert D. Johnson. Robert, Tony told me, is one of the Godfathers of America’s Fatherhood Movement, which for the last 20 years has had some notable successes; among them, principally, Robert D. Johnson’s invention and stewardship of the Georgia Fatherhood Initiative, which achieved national distinction as America’s largest and most comprehensive fatherhood program. Now, almost a year later, after…

What Ferguson Is "About"

0
0
Just now I read an opinion piece in the Washington Post titled, "Ferguson Isn't About Black Rage Against Cops; It's White Rage Against Progress."  The gist of the column, written by an associate professor in the African American studies and history department at Emory University, is that what's sparking the controversy isn't the shooting itself, nor the looting and violence thereafter, nor even any national concern about where we are, after all these years, with black crime and white police.Nope, it's about how Ferguson "shows us" that white people still want to subjugate blacks a la' slavery (or as close as whites can get to slavery).  They want to do this by such vicious means as efforts "to dilute African American voting strength [through, e.g., voter ID laws] or seek to slash the government payrolls that have long served as sources of black employment."The article is, in its way, just the most recent…

Parlamentarische Initiative "Grundrecht auf informationelle Selbstbestimmung" durch staatspolitische Kommission des Nationalrates angenommen

0
0
Am 21. März 2014 reichte NR Daniel Vischer (Grüne/ZH) gestützt auf Art. 160 Abs. 1 Bundesverfassung und Art. 107 Parlamentsgesetz folgende parlamentarische Initiative ein: "Art. 13 Abs. 2 der Bundesverfassung sei so zu ändern, dass der Datenschutz statt eines Missbrauchsschutzes zu einem Grundrecht auf informationelle Selbstbestimmung wird".Zur Begründung führte NR Vischer u.a. an, dass Datenschutz durch den NSA-Skandal auch in der Schweiz eine neue Bedeutung und Beachtung erhalten habe. Risiken für die freie Entfaltung der Persönlichkeit würden insbesondere von neuen technologischen Möglichkeiten der modernen Datenverarbeitung ausgehen; wer nicht wisse oder beeinflussen könne, welche Informationen bezüglich seines Verhaltens gespeichert und vorrätig gehalten werden, sei in seinem Verhalten eingeschränkt. "Der in der Bundesverfassung garantierte Datenschutz gemäss Art. 13 Abs. 2 der…
Viewing all 71824 articles
Browse latest View live




Latest Images