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Two Vehicle Crash Sends Three to the Hospital

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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: 9/16/2014 3:15 a.m. Please direct questions to the District Office ****Updated*** Fixed Headline On Monday, September 15th, 2014 at approximately 5:34 p.m., the Idaho State Police investigated a two-vehicle injury crash in Fruitland. Carolyn Lloyd, 76, of Payette, was northbound on Pennsylvania Ave in a 2004 Pontiac Grand Am. Julia Webb, 45, of Payette, was westbound on 16th Street in a 1991 Ford F800 truck. Lloyd failed to stop at the stop sign and was struck by Webb's vehicle. Lloyd was taken to St. Luke's Clinic in Fruitland by ground ambulance. Lloyd's two juvenile passengers, ages 11 and 14, were taken by air ambulance to St. Alphonsus Regional…

Those Are Pearls That Were His Eyes

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Valentina Vadi, War, Memory, and Culture: The Uncertain Legal Status of Historic Sunken Warships Under International Law, 37 Tul. Mar. L. J. 333 (2013). Stephen Urice Full fathom five thy father lies;                Of his bones are coral made; Those are pearls that were his eyes:                Nothing of him that doth fade But doth suffer a sea-change Into something rich and strange. Sea-nymphs hourly ring his knell                                    Ding-dongHark! now I hear them – Ding-dong, bell. –William Shakespeare, The Tempest, During the War of 1812, Philadelphia’s Academy of Fine Arts petitioned a Nova…

A Tale of Two College Rapes

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A 20-year-old Texas Tech sophomore, Michelle Mallin, was careful not to touch the cigarette the rapist left on her car seat. From the Lubbock Avalanche-Journal: During the assault, Mallin fixated on a half-smoked cigarette and lighter the man left on her car seat. After driving her back into the city, Mallin was relieved the man left the evidence as he fled on foot. “Don’t touch that,” Mallin thought as she found her way back to campus. “It should have his fingerprints on there.” When she arrived at her dorm room about three hours after being abducted, Mallin called the Lubbock Police Department. She told them about the cigarette and described her attacker — an African-American man with a medium build and short, curly hair. Mallin picked Tim Coles out of the photo-array as the man who raped her.  His was the only color Polaroid of the 6 pictures. At the time, Mallin believed Cole was the man who raped her about a month earlier.…

If Not Suppression, Then What?

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There aren’t many circuit court decisions on violations of the Posse Comitatus Act, so the 9th Circuit’s opinion in United States v. Dreyer was bound to catch someone’s attention.  Steve Vladick at Just Security explains the PCA: [A]n 1878 statute that subjects to criminal punishment anyone who, “except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws.” In Dreyer, that’s what happened: At issue in Dreyer are the actions of a civilian agent of the Naval Criminal Investigative Service (NCIS), who, without any specific military trigger or target, began an investigation into online criminal activity by anyone in the state of Washington. (Although the PCA’s plain terms apply only to the Army and Air Force, Department of Defense regulations have long…

Greg Lukianoff: Freedom From Speech

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As president of FIRE, the Foundation for Individual Rights in Education, Greg Lukianoff is no stranger to the trends on campus as evidenced by UC Berkeley’s Chancellor Nicholas Dirks’ invitation to be “civil.”  Greg has written a 9,000 word “broadside” entitled Freedom From Speech. Eugene Volokh has been kind enough to offer some excerpts: The increased calls for sensitivity-based censorship represent the dark side of what are otherwise several positive developments for human civilization. As I will explain in the next section, I believe that we are not passing through some temporary phase in which an out-of-touch and hypersensitive elite attempts — and often fails — to impose its speech-restrictive norms on society. It’s worse than that: people all over the globe are coming to expect emotional and intellectual comfort as though it were a right. This is precisely what you would expect when you train a generation to…

Should a Jury Be Allowed to Hear Questionable Testimony by a Defendant?

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To be sure, the circumstances surrounding the case of Jorge Barahona are cringe-worthy. That said, should a jury be able to hear the statements he gave police when he was heavily medicated and not thinking clearly? In early 2011, Barahona was arrested in Palm Beach County after his pest control truck was found on the side of I-95; next to the truck, he was found unconscious, his daughter's dead body was found wrapped in plastic, and his adopted son was found convulsing, allegedly caused by the ingestion of harmful checmicals. As our criminal defense lawyers know, when police visited Barahona in the hospital to ask him questions about the alleged crimes, he waived his right to an attorney and gave statements to the police. Here's the problem: he had just been brought out of a coma and was not thinking properly, a result of the fact that he was being heavily medicated at the time.

Gov. Christie Signs Bill to End Lifetime Alimony in New Jersey

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This September has been full of legislative changes for the Garden State.  Last week, we wrote about the Christie administration approving sports betting in New Jersey.  This week, the Governor signed off on a bill to end lifetime alimony.  The new bill, which has won almost universal support, both limits payment duration and supplies new guidelines for judges…

DUI

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In 1993 I was in a car accident.  Later in that year after I moved 8 hours away from the occurrence, little did I know, I was issued a ticket 5 months later that stated “warrant issued for arrest”. I had no idea that the state had charged me with a DUI. I did not receive any notification. I was picked up over a year after the accident and arrested as a fugitive. I had no idea! Also, during the course of that time the limit changed from .10 to .08 and I was charged with the new limit. My blood alcohol at the time was.10 and was taken at the hospital with an alcohol swipe. Also, the county sent all correspondence to an old address through this ordeal…I never received any notification. I was young and did not defend myself accordingly. The post DUI appeared first on Free Criminal Record Clearing and Expungement Information.

Terrific collection of materials on-line as USSC's "Annual National Seminar Goes Paperless"

Clay County police say not enough evidence to charge in pushing incident with husband of School Board member

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Criminal charges will not be a part of a long-running feud between a Clay County School Board Member and a longtime critic. Police were investigating an incident where the opponent was videotaping people coming out of a Clay County Commission meeting, when the opponent alleges the Board Member's husband shoved the camera into his face, knocking him into a row of chairs and breaking his camera, according to a report in the Florida Times-Union. Police investigators talked to both parties and witnesses, and also reviewed the video as part of their decision not to charge the husband in this case, the newspaper reported. In making decisions on whether to file criminal charges in Clay County Battery Cases, police and prosecutors must look at all of the facts and how the case would be presented to a jury. As the police spokeswoman says in the Times-Union article, "Just the fact that there is a video, isn't necessarily proof of an assault." That statement rings…

It’s time for the US to stop fueling the conflict in Israel and Gaza

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Palestinian boys walk past buildings which were destroyed by Israeli strikes on September 14, 2014. (MAHMUD HAMS/AFP/Getty Images) As the UN General Assembly begins its meeting today in New York City, Amnesty International is delivering 187,563 signatures to the White House in a global call to cut off weapons that fuel abuses in Israel and the Occupied Palestinian Territories. Thousands of people from the U.S. and 166 other nations are urging President Obama and Secretary of State John Kerry to stop arming Israel and start backing a UN arms embargo on Israel, Hamas, and other Palestinian armed groups. Though a ceasefire hangs over Israel and Gaza today, the open wounds from 50 days of conflict remain unresolved.  In the Gaza Strip, at least 2,131 Palestinians were killed, including at least 1,473 civilians.  Over 18,000 homes were either destroyed or damaged, and some 108,000 people were left homeless.  As in other conflicts over the last seven years, war crimes…

Leader of Multi-Million Dollar Foreclosure Rescue Scheme Convicted

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Alan Tikal, 46, Brentwood, California, was found guilty after a one-day bench trial on stipulated facts by United States District Judge Troy L. Nunley of 11 counts of mail fraud and one count of money laundering. Tikal targeted struggling homeowners, many of whom did not speak English, and promised them that their outstanding mortgage debt would be reduced by 75 percent, among other misrepresentations. According to evidence presented at trial, between January 7, 2010, and August 20, 2013, Tikal operated a business known as KATN. Tikal and his associates targeted homeowners experiencing difficulties making their monthly mortgage payments, many of whom did not speak English, and promised them that their outstanding mortgage debt would be reduced by 75 percent, falsely claiming he was a registered private banker with access to an enormous line of credit and the ability to pay off homeowners’ mortgages in full. Tikal told homeowners that in return for various fees and…

Auctioneer Sentenced for Defrauding Banks in Trustee Auctions

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Reyna Peinado, 48, Huntington Beach, California, an auctioneer who defrauded banks by accepting bribes to lower the amount of winning bids in trustee auctions, was sentenced to 24 months in federal prison. The defendant was sentenced by United States District Judge Andrew J. Guilford. According to a plea agreement filed in this case, Peinado conspired with a confederate – identified in court papers by the initials “S.F.” – in a scheme to defraud banks. During the scheme, which started in February 2012 and lasted for about three months, Peinado conducted real estate auctions on the steps of the Orange County Courthouse on behalf of a trustee known as Reliable Posting and Publishing (RPP), which represented banks which held title of the foreclosed properties. Peinado began the auctions with an opening bid for a property located in Orange County, and attendees would then call out bids, all of which the defendant would tally before declaring a winning…

Why Florida is such an interesting marijuana reform state: "Snowbirds potential partakers of medical marijuana"

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This lengthy local article from Florida, headlined "Snowbirds potential partakers of medical marijuana," highlights just some of the many reasons I think Florida is the most interesting state to watch in the near future concerning marijuana law, policy and reform. Here are excerpts from the article: Sunshine and beaches are...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/fiUXlxY6qqQ" height="1" width="1"/>

Ex Post Facto Clause of the United States Constitution...cont

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It is RV’s contention that the petition should be dismissed. He alleges that the provisions of Article 10 that allow a jury to determine if his non- sex crimes were "sexually motivated" violates the Ex Post Facto Clause of the United States Constitution. In 2007, the Legislature, determining that some sex offenders have mental abnormalities that predispose them to engage in repeated sex offenses enacted The Sex Offender Management and Treatment Act. It provides that a person who is determined to be a detained sex offender with a mental abnormality would be subject to civil management after that person had served his or her criminal sentence. Civil management may take the form of either civil confinement in a secure treatment facility or strict and intensive supervision in accordance with MHL §§ 10.01 (b),(c),(d) and 10.07(f). SOMTA provides that, within a specified time frame, either a Supreme or County Court judge shall hold a probable cause hearing…

News Scan

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Texas to Execute Murderer: A Texas woman convicted of murdering her girlfriend's 9-year-old son is scheduled to be executed Wednesday after spending eight years on death row.  Mitch Mitchell of the Fort Worth Star-Telegram reports that the young boy had been abused for several years and at the time of his death, he weighed only 35 pounds and had more than 250 scars on his body.  If the execution is carried out as scheduled, 38-year-old Lisa Ann Coleman will become the ninth person executed by the state of Texas this year. Illinois Man Found Guilty of Killing Teen: A Chicago man has been found guilty of murder in the stabbing death of a 14-year-old girl in 2011.  CBS Chicago reports that John Wilson Jr., who was out on parole at the time of the murder, stabbed the girl multiple times and left her for dead after she discovered him burglarizing her family's home.  Wilson was convicted in 2002 for robbery and sentenced to 11 years behind bars.  He…

DOMESTIC (FATHER/SON) ASSAULT & BATTERY DISMISSED

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On July 19, 2014 SI, a 46 year old letter carrier from Malden, asked his 16 year old son to get ready for bed. SI and his son got into an argument. The son told SI to go f__k himself. The son alleged that SI then struck the son across the forehead pushing the son into the wall. SI's wife got between the two of them. SI's daughter called 911. SI left the house. The police responded. The police took statements from SI's son, daughter, and wife. The police applied for a criminal complaint against SI for assault & battery. The police also notified DCF (the Department of Children & Families); DCF came to the house and took statements from everyone, including SI. SI denied striking his son in the forehead. DCF was told that the son (who was 2" taller than his father and 20 pounds heavier) got up in his father's face and was screaming at his father. SI put his open palms against the son's chest and simply pushed the son back from SI's face.…

After a few modest yearly declines, state prison population ticks up in 2013 according to new BJS data

NO CHILDREN ALLOWED

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This is the sign hanging on a Judge's courtroom on the sixth floor. She's not the only judge with the sign on her door. It's illegal. It's wrong. Children are people too, unless you're Adrian Peterson, asshole football player for the Vikings. Florida law covers specific instances where a judge may close a courtroom. There are specialized notice requirements involving the media. Hanging a sign on a door is not the legal way to do it. Banning an entire class of individuals for no good reason will not withstand any legal challenge whatsoever. THIS IS THE UNITED STATES OF AMERICA. WE HAVE OPEN COURTS, EVEN FOR CHILDREN. So let's get this straight. Take a young Rumpole, age 17,first year of college, in a pre-law class, assigned to go to the local courthouse and watch a calendar and do a report. This sign bars young Rumpole, a very mature 17 year old, from observing court and fulfilling a college assignmentWe hope judges will remove these signs.  It…

Grand Jury was "severely undermined"

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On Saturday afternoon, December 22, 1984, A, B , C, and D boarded an IRT express subway train in The Bronx and headed south toward lower Manhattan. The four youths rode together in the rear portion of the seventh car of the train. Two of the four, C and B, had screwdrivers inside their coats, which they said were to be used to break into the coin boxes of video machines. Defendant boarded this subway train and sat down on a bench towards the rear section of the same car occupied by the four youths. Defendant was carrying an unlicensed .38 caliber pistol loaded with five rounds of ammunition. It appears from the evidence before the Grand Jury that A approached defendant, possibly with D beside him, and stated "give me five dollars". Neither A nor any of the other youths displayed a weapon. Defendant responded by standing up, pulling out his handgun and firing four shots in rapid succession. The first shot hit A in the chest; the second struck D in the back; the third…
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