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"Marijuana, Federal Power, and the States"


News Scan

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Convicted Killer Sentenced to Life: An Iowa man has been sentenced to life in prison without the possibility of parole after being found guilty of murdering his pregnant wife in May 2012.  The Associated Press reports that in addition to the life sentence, 23-year-old Seth Techel was sentenced to an additional 25 years for the 'nonconsensual termination of a human pregnancy.'  Life without parole is the strongest sentence available in Iowa.  The state abolished the death penalty in 1965.Police Make Arrest in Cold Case Killing: Police in Idaho have arrested a man believed to be responsible for the murder of a 25-year-old woman more than a decade ago.  Michael H. O'Donnell of the Idaho State Journal reports that 39-year-old Brad Compher has been charged with first-degree murder after fingerprint evidence collected from the crime scene linked him to the murder.  If found guilty, Compher faces life in prison or a possible death sentence.

Reverse Barometers and the Call for Perpetual War

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General Custer to officer:  Anything that man tells me will be a lie.  Therefore, he will be perfect reverse barometer. . . .Custer to Jack Crabb:  What should I do, mule skinner? . . . . Should I go down there, or withdraw? . . .  What's your answer, mule skinner?Crabb:  General, you go down there.Custer: You're saying, go into the coulee?Crabb:  Yes, sir.  Custer:  There are no Indians there, I suppose?Crabb:  I didn't say that. There are thousands of Indians down there, and when they get done with you, there won't be nothing left but a greasy spot. . . . You go down there if you got the nerve.Custer:  Still trying to outsmart me, aren't you, mule skinner? You want me to think that you don't want me to go down there, but the subtle truth is you really don't want me to go down there. . . Men of the Seventh! The hour of victory is at hand!  Onward to Little Bighorn and glory!* * *…

Osler & Bennett on Mass Incarceration and the Role of Discretion

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Mark William Osler and Mark W. Bennett (University of St. Thomas - School of Law (Minnesota) and U.S. District Court (Northern District of Iowa)) have posted A 'Holocaust in Slow Motion?' America's Mass Incarceration and the Role of Discretion (7...

Govt's 2 questions regarding post-arrest silence violated Fifth Amendment and were not harmless

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  (Rendell, Chagares, and Jordan, Circuit Judges)       In United States v. Shannon, Appeal No. 13-2389, 2014 WL 4401054, the Third Circuit reversed a jury verdict (WDPa) for conspiracy to distribute and distribution of five or more kilograms of cocaine, because the government’s questioning of Shannon about his post-arrest silence violated his Fifth Amendment right to remain silent. On cross-examination, a defendant opens himself up to such questioning in the limited scenario where he claims to have told police the same version of events upon arrest. However, this contrast with post-arrest silence must be “blatantly inconsistent,” not simply ambiguous. If there is a constitutional violation, the court applies harmless error analysis, asking whether the government can prove beyond a reasonable doubt that the error did not contribute to the verdict.      At trial, over a Fifth Amendment objection…

Motor vehicle accident injures elderly woman in California

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Pickup trucks are a popular form of vehicle in the United States, and are highly useful when transporting anything from one location to another. However, when these vehicles are involved in an accident with a standard-sized vehicle it can often have serious consequences. Those involved could be left with varying injuries, both physical and emotional. A motor vehicle accident in California recently injured one individual.The accident took place on the morning of Sept. 6 at around 11 a.m. and involved one standard vehicle and a pickup truck. Police stated that the driver of the car attempted to stop her car when she was struck from behind by the pickup truck driver who was unable to stop in time. This reportedly caused the woman's car to hit a parked vehicle that was empty at the time. Emergency personnel arrived at the scene of the accident and transported the woman to the hospital for the injuries she sustained. No other injuries were reported, but the current…

Jon Stewart’s New Film Rosewater and Ongoing Persecution of Journalists in Iran

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Jason Rezaian at The Washington Post via Getty Images in Washington, DC on November 6, 2013. (Photo by Zoeann Murphy/The Washington Post via Getty Images) When CBS’ 60 Minutes aired its 8 Days in Tehran program in May 2014, featuring seemingly unfettered access to Iranian officials and frank interviews with ordinary citizens, observers may have been justified in assuming that a new day was dawning for freedom of information in Iran. After all, correspondent Steve Kroft and his crew were able to wander around Tehran freely, without minders, to talk to people in the Bazaar and elsewhere. Yet those who held out hopes that this and other harbingers of more openness—including interviews and statements by President Rouhani and his allies—were likely confounded by more sobering recent news. The arrest of Washington Post correspondent and dual Iranian and American citizen Jason Rezaian, his wife Yeganeh Salehi—also a journalist—represents both a worrisome…

Effort to Clear Two Dallas County Men Underway

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The Innocence Project and the Innocence Project of Texas joined local counsel to file legal papers today urging a Dallas County court to overturn the murder convictions of Dennis Lee Allen and Stanley Orson Mozee based on prosecutorial misconduct and new DNA evidence pointing to their innocence. The Dallas Morning News reported that the Dallas County District Attorney Office is reviewing the case in which former prosecutor Rick Jackson represented the state against Allen and Mozee, who were convicted in 2000 of the 1999 murder of Reverend Jesse Borns Jr., despite a lack of physical evidence connecting them to the crime. Borns was punched repeatedly and stabbed to death outside a store where he worked. According to the district attorney's office, they have not yet talked to Jackson who is now retired from practicing law. In addition to a lack of evidence linking Allen and Mozee to Borns' body, there were no witnesses who could place them at the scene of the crime.…

"John Doe" investigation of Wis. Gov. Walker

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From Legal Newsline: Gov. Walker, a Republican, is at the center of a sweeping and secretive four-year criminal investigation by Milwaukee District Attorney John Chisholm, a Democrat, and other prosecutors, that is now focused on alleged “illegal coordination” of campaign...

Wright on Moore on Causation and Responsibility

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Richard W. Wright (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Moore on Causation and Responsibility: Metaphysics or Intuition? (LEGAL, MORAL, AND METAPHYSICAL TRUTHS: THE PHILOSOPHY OF MICHAEL MOORE (Kimberly Ferzan & Stephen Morse, eds., Oxford University...

How To Make Your Novel Surprise You – Join My Class!

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Here is a copy of the blog post I just put on Savvy Authors to give a taste of what we’ll be learning in the seminar I’m teaching starting on September 15.

What Activities By Individuals Constitute Bank Fraud In New York City?

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While the term bank fraud can apply to financial institutions that use fraudulent means to operate, in most cases the concept applies to individuals who attempt to secure money or other assets from a financial institution through fraudulent means. There are many types of conduct that can fall under the umbrella of bank fraud, including check kiting, credit card fraud, impersonating another person, forging relevant documents to obtain a loan or other financial instrument, and embezzlement. Charges of bank fraud, even if the activities all happened within New York City, are liable to be prosecuted at the federal level, which poses a substantial risk of large fines and significant jail time for each count. It’s extremely important that you protect yourself with legal defense that is knowledgeable and experienced in the federal court system. Call (212) 577-6677 today to schedule an immediate appointment with an NYC-based federal criminal defense attorney.

What Are The Penalties For Selling Marijuana In New York City?

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As with most drug penalty schedules, penalties for selling marijuana in New York City are pegged to the quantity of drug being sold, but you can be charged with a misdemeanor even if you transfer a small amount of marijuana without taking money. In general, if you are caught selling less than 25 grams of marijuana, you’ll face a misdemeanor charge with a penalty of up to one year in prison and up to $1,000 in fines. Amounts over 25 grams are considered felonies, and a quantity between 25 grams and 4 ounces can put you in state prison for as long as four years. At the one pound level, you’re looking at seven years, and sale of more than one pound carries a maximum sentence of 15 years in state prison. If you’ve been charged with selling marijuana in New York, get help right away. Call our experienced NYC criminal defense team at (212) 577-6677 for an immediate consultation.

New Michael Brown Witness Statements

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Two workers, one of whom agreed to be interviewed, say they witnessed the shooting of Michael Brown. They didn't see the confrontation at Officer Wilson's vehicle, but according to the description of the one who is now speaking out, they did... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Flagler County Deputies Arrested Three People Over Labor Day Weekend

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With extra patrols on hand, Flagler County deputies made three DUI arrests and conducted 247 traffic stops over the Labor Day Weekend. The extra patrols were conducted from Friday, Aug. 29, until Monday, Sept. 1. In total, deputies executed 247 traffic stops, issued 43 traffic citations and 204 written or verbal warnings. Deputies made a total of 25 arrests, including three DUI arrests. Additionally, the Flagler County Sheriff’s Office’s Marine unit made 20 boat stops on the Intracoastal Waterway and made 18 field contacts. Also over the Labor day weekend, the Sheriff’s Office assisted the Florida Fish and Wildlife Conservation Commission on three separate occasions, conducting security checks and also rescuing a dog that fell into the canal that was in distress. The number of arrests made over this end of summer campaign just shows how much of an emphasis law enforcement agencies have placed on enforcing Florida traffic and DUI laws. Even though officers are…

10 Arrested for DUI During Marin County Labor Day Crackdown

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Police officers in Marin County made ten arrests for drunk driving over the Labor Day holiday weekend. Three drivers were arrested at a DUI checkpoint in San Anselmo and two drivers were arrested for drunk driving during a checkpoint operation in San Rafael. Officers working under the Avoid the Marin 13, an anti-DUI campaign, also arrested five drivers for DUI during roving patrols. According to the San Rafael Police Department an additional seven drivers were cited for driving with a suspended license. Police departments throughout California and the United States feel that DUI Checkpoints, along with regularly scheduled high visibility DUI enforcement, are proven strategies with the goal of removing drunk drivers from our highways. Drivers arrested for drunk driving in Marin face probation, high fines and mandatory attendance at a drunk driving program if convicted of a first offense. Drivers with multiple offenses for driving under the influence face…

Single vehicle crash near Pocatello

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 9/12/2014 1:30pm Please direct questions to the District Office On Friday, September 12, 2014, at approximately 8:50 AM, the Idaho State Police investigated an injury crash on Interstate 86 near mile post 52. Malory Vaughn,24, of Pocatello, was driving eastbound in a 2001 Toyota Tacoma. Vaughn drove off the left side of the road. She then overcorrected to the right, causing her vehicle to go off the right side and roll. Vaughn was transported by ground ambulance to Portneuf Medical Center. The crash is under investigation by the Idaho State Police. DSP Initials js/sm -------------

Pennsylvania Governor Signs Reprieve; Searching for LI Drugs

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Pennsylvania Governor Tom Corbett’s Order is at the link. "Gov. Corbett issues temporary reprieve to allow more time to procure execution drugs," is by Kate Giammarise for the Pittsburgh Post-Gazette. Pennsylvania Gov. Tom Corbett today signed a temporary reprieve of...

George Parnham on the Case of Scott Panetti

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"Scott Panetti is not competent for execution," is the title of an OpEd written by Houston attorney George Parnham in today's Austin American-Statesman. Here's the beginning of this must-read: Do you remember Scott Panetti? He is pretty unforgettable. Panetti is...

Oklahoma Attorney General Speaks Out on LI Drugs

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The Tulsa World reports, "Pruitt says execution drug shortage a continuing problem," by Randy Krehbiel. “Anti-death penalty zealots” are causing shortages of execution drugs and contributing to the uncertainty marking lethal injection, Oklahoma Attorney General Scott Pruitt said Thursday. Speaking...
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