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Colorado Polling

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"Rasmussen poll gives Bob Beauprez first lead in governor's race," is by Joey Bunch in the Denver Post. Though incumbent Gov. John Hickenlooper and Republican challenger Bob Beauprez have been divided by only a few points at or near the...

Massachusetts Heroin Drug Charges

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Heroin is considered a class “A” substance in Massachusetts because it is a highly addictive controlled substance. It is commonly referred to as dope,  and sometimes by its color, such as brown, or black tar heroin. Once heroin enters the body, it converts into morphine, which causes the user to experience a sense of relaxation and euphoria, also known as a high. Overdosing on heroin is fairly common as users develop a severe addiction to the controlled substance.  Several Massachusetts heroin drug charges are prosecuted daily in most Massachusetts courts. Massachusetts Heroin Drug Charges Heroin Drug Charges There are a number of different charges in Massachusetts concerning heroin. Each crime carries a different punishment, and the punishments increase in severity with the nature of the crime.   Possession of heroin. A first offense is punishable by imprisonment for up to 24 months and/or payment of a fine, which can be up to $2,000. Repeat…

Michigan Man Freed After DNA Proves Innocence

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In 1998, Jamie Peterson of Michigan was convicted of rape and murder despite a lack of physical evidence connecting him to the crimes. But three weeks ago, a Kalkaska County Circuit judge vacated Peterson's conviction and granted him a new trial based on new DNA testing, and yesterday, Peterson was released from jail. The order came after Peterson's team of attorneys from the Michigan Innocence Clinic at the University of Michigan Law School and the Center on Wrongful Convictions at the Northwestern University School of Law argued that DNA testing of evidence implicates another man. Peterson, who is mentally impaired, was convicted and sentenced to life in prison for the rape and murder of Geraldine Montgomery after he falsely confessed more than 15 years ago. Research shows that people with mental disabilities have often falsely confessed because they are tempted to accommodate and agree with authority figures. When DNA testing excluded Peterson and matched another…

School Bus Driver Charged with Driving Commercial Motor Vehicle Under the Influence of Alcohol

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According to a recent article from Fox CT News, a school bus driver was arrested on charges of driving a commercial motor vehicle while under the influence of alcohol. Authorities have that alleged that a police officer was on his way to a middle school when he observed a school bus in front of him swerve off the road surface. He continued to follow the bus to the school. When the officer spoke with children exiting the bus, he was told that the driver had hit several curbs on the way to school and was driving poorly. The officer administered field sobriety tests on the bus driver, and after determining that she had failed, placed her under arrest on suspicion of drunk driving. At the police station, she was given a breathalyzer, and her blood alcohol content (BAC) was alleged to be 0.13. This is over the legal limit of 0.08 for drivers in a personal motor vehicle and substantially over limit of for drivers operating a commercial motor vehicle. As your Birmingham DUI…

"Is It Legal to Text-Message at a Stoplight?"

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From FindLaw: Florida's ban on texting while driving specifically notes that "a motor vehicle that is stationary is not being operated and is not subject to the prohibition." As The Northwest Florida Daily News has explained, the law "allows texting...

Are Breathalyzers Accurate?

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Most states have two criminal charges relevant to "drunk driving".  The first is the original law, making it a crime to drive under the influence of alcohol or drugs — also known as "DUI".  In more recent years, and under pressure from the federal government, all 50 states passed the so-called "per se statute", making it a crime to drive with a blood alcohol concentration (BAC) of .08% or more — regardless of whether the driver was under the influence of alcohol or not.  In most states, both crimes can — and usually are — charged (assuming there was a blood alcohol test). With the first offense, the prosecution can offer various kinds of evidence: erratic driving, flushed face, bloodshot eyes, slurred speech, poor balance and/or coordination, failing the "field sobriety tests", etc.  In addition, if the blood alcohol test indicated a BAC level of .08% or more, the judge would instruct the jury…

Hot Car Death Case Moves Forward

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Page Pate joins CNN New Day Weekend in Atlanta with Christi Paul and Martin Savidge to discuss the grand jury indictment against Justin Ross Harris for the death of his… read more → The post Hot Car Death Case Moves Forward appeared first on .

Utset on Rational Criminal Addictions

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Manuel A. Utset (Florida State University College of Law) has posted Rational Criminal Addictions (University of Pittsburgh Law Review, Vol. 74, No. 1, 2013) on SSRN. Here is the abstract: This article argues that repeated criminal misconduct, at least in...

Will and should federal judge Mark Fuller get the same professional treatment as Ray Rice?

And speaking of Brady violations . . .

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This article by Ernie Lewis, Executive Director, National Association for Public Defense:It’s time for another list.  This time the focus is on prosecutors. Admit it, you have things you want to say about prosecutors.  Please join in with your own.   Of course, prosecutors come in all shapes and stripes.  There are plenty of good ones and plenty of, well, not so good ones.  But they all know, if they’re honest with themselves, the following ten things that apply to many if not most of their colleagues: 10.  They don’t believe the cop either.  How could they?  Michelle Alexander recently wrote an article in the NY Times, concluding with this:  “The natural tendency to lie makes quota systems and financial incentives that reward the police for the sheer numbers of people stopped, frisked or arrested especially dangerous. One lie can destroy a life, resulting in the loss of employment, a prison…

Group of world leaders call for end to criminal drug war and urges experiment with legalization

Baltimore Heroin Epidemic Receives National Attention

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Heroin use throughout the Baltimore metropolitan area has been on the rise for the last few years, and now the national media has taken notice. A recent episode of National Geographic Channel's television series Drugs Inc., was filmed in Baltimore, and documented just how out of control the heroin epidemic has become in the city. The show dubbed Baltimore the heroin capital of America, and while there is no statistical evidence to support this dramatic claim, there is certainly enough evidence to prove at least the presence of an epidemic. The Blog has posted a few articles about the increasing popularity of heroin, which is attributed to a variety of factors including the low cost and a high supply of the dangerous drug. Stricter regulations on prescription narcotics have also been a major factor in the recent heroin boom, as it has become more expensive and more difficult for drug users to secure their once plentiful supply of oxycodone and other similar narcotics on…

NEW HAMPSHIRE KIDS ARE ARRESTED FOR MARIJUANNA AND UNDERAGED DRINKING BASED ON TWEETS

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Welcome to 2014. A new IPhone is supposed to come out and the technological landscape seems endless. With endless horizons, however, come unknown dangers. Adults may not yet completely understand this technology. Our kids do, though. They understand it just enough to get themselves into trouble. “Innocent girl on Instagram flipping the bird. Perking lips with her curves, showing more skin than her shirt. And she’s beautiful, but half naked, I wonder why. But what the hell can I tell her yo? She just passed a hundred likes. A false percentage of people who appear like they care enough About her.”* Ah yes, the all-important likes. The more “likes” you have, the more popular you must be. So, kids like to push the limits online to gain that popularity. As we have discussed many times in the past, though, there are many dangers lurking in cyberspace. This being a criminal law blog, let’s look at the criminal justice dangers. …

Clermont Drug Bust Results in Charges Against 74 Suspected Dealers

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A ring of 74 suspected drug dealers allegedly infiltrating Lake County with cocaine, heroin and prescription pills have been charged with various drug-related charges. These arrests come after a four-month undercover investigation where the Lake County Sheriff’s Office claims the members of the drug ring were caught red handed. The charges resulted from the undercover operation dubbed “Close to Home,” which was started due to numerous citizen complaints. Investigators claim they seized two pounds of heroin, seven ounces of cocaine and about 300 prescription pills, totaling nearly $140,000 in street value. The Sheriff’s Office announced that those involved in this alleged drug ring never strayed too far from home. They allegedly made transactions where families are shopping with their children. So far, arrest warrants have been served on 67 suspects. The investigation was conducted by the Lake County Sheriff’s office along with Clermont, Mount Dora…

The Federal Lawyer- Corporations CAN be charged with crimes

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Corporations can be indicted by the Government for a variety of criminal activities. These crimes charged against corporations should not be taken lightly. Unfortunately, federal crimes  against corporations are inherently more complex in nature,  involve serious criminal acts and then the possibility of serious  penalties- and all require a keen understanding of the Federal Sentencing Guidelines, applicable statute, as well as access to a host of legal resources all designed to protect your interests. With all of the Government resources, a defendant automatically walks into this arena at a disadvantage.  With federal crimes, it’s important to have a legal team with the resources, experience and level of skill necessary to represent your interests. The law is typically favors the Government’s position, the evidence is  usually extensive, and the resultant criminal charges, the organized result of months of planning.…

Injury Crash SB US95@325 (District Two)

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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 # L14000864 --------------------- PRESS RELEASE ----------------------------- DATE: 09/10/2014 TIME: 10:24 AM LOCATION: SB US95@325.2 ASSISTING AGENCIES: Latah County Sheriffs Office, Nez Perce County Sheriffs Office, Genesee Fire Dept & Lewiston Fire Dept. ------------- VEHICLE #1 ------------- DRIVER Tara J Hardin AGE 40 Years ADDRESS Lewiston ID INJURIES - Yes HOSPITAL/LOCATION TAKEN St Joseph Regional Medical Center VEHICLE YEAR 2006 VEHICLE MAKE Ford VEHICLE MODEL…

//blawgsearch75.rssing.com/chan-6519914/article7097-live.html

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Today's two decisions, both divided, involve the timeliness of a federal habeas petition under 28 U.S.C. § 2254.  A California petitioner wins under the terms of 28 U.S.C. § 2244(d)(1), while a Nevada state prisoner loses under equitable tolling.McMonagle v. Meyer, No. 12 15360 (Duffy, DJ (SDNY), with Thomas; dissent by Rawlinson) ---  The statute of limitations that applies to federal habeas petitions doesn't begin to run until the case becomes final by the conclusion of "direct review."  In California, those convicted of misdemeanors can obtain direct review as of right in the Appellate Division of the Superior Court.  Review by higher courts -- the California Court of Appeal and the California Supreme Court -- is discretionary, and is sought by first asking to transfer the case from the Appellate Division to the Court of Appeal, then later by state habeas in the California Supreme Court.  Are these last two steps part of…

Jones et al. on Law and Neuroscience

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Owen D. Jones , Richard J. Bonnie , BJ Casey , Andre Davis , David L. Faigman , Morris B. Hoffman , Read Montague , Stephen Morse , Marcus E. Raichle , Jennifer A. Richeson , Elizabeth S. Scott ,...

"Misdemeanor Decriminalization"

Might all video visitation companies be eager to have prisons and jail prohibition in-person visitation?

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