For the first, and hopefully the last, time ever, a story from Modern Farmer graces SJ. It’s not that farmers, at least family farmers, don’t live a hard and critically important life. They are tough people, waking early, working hard, so that we can eat. While I may not speak for everyone, I like to eat. Every day. But I digress. Apparently, the USDA feels that farmers are tough people to, but for a very different reason. And that, combined with the First Rule of Farm Policing, gave rise to a request. “Submachine guns, .40 Cal. S&W, ambidextrous safety, semi-automatic or 2 shot bur[s]t trigger group, Tritium night sights for front and rear, rails for attachment of flashlight (front under fore grip) and scope (top rear), stock-collapsib[l]e or folding, magazine – 30 rd. capacity.” In May, the USDA’s Office of Inspector General filed a request for these weapons. But why exactly do they need them? Why do dogs lick…
Tough Farmers (Update)
↧
↧
Xenia OVI Attorney Charles M. Rowland II
Xenia OVI attorney Charles M. Rowland II can help you win your case in the Xenia Municipal Court. He has been practicing in the court since 1995 and has worked hard to make himself Xenia’s choice for OVI defense. He has created www.XeniaDUI.com and www.XeniaOVI.com to provide detailed information about the court, public access to your case, bond schedules, and other important information about your case. If you find yourself in need of a qualified and experienced attorney, for a [Read the full post. . .]
↧
Feds force cops to mislead re: fake cell phone towers
The Washington Post published a remarkable and disturbing story (Sept. 23) revealing that not just the Harris Corporation but the FBI required local police using IMSI catchers (or "stingrays") to monitor cell phone traffic to sign non-disclosure agreements (NDAs) about their use. The article opened:The FBI requires state and local police to keep quiet about the capabilities of a controversial type of surveillance gear that allows law enforcement to eavesdrop on cellphone calls and track individual people based on the signals emitted by their mobile devices, according to a bureau document released recently under a Freedom of Information Act request.The December 2012 document is a heavily redacted letter between the FBI and police in Tacoma, Wash., as the local department sought to acquire an IMSI catcher, sometimes described as a “fake cellphone tower” because it tricks individual phones into routing their calls and other data through the…
↧
Emails, Breach of Contract and the Statute of Frauds
This post examines an issue that arose in a civil suit: United Propane Gas Inc. v. Pincelli & Associates Inc.,2014 WL 496932 (U.S. District Court for the Western District of Kentucky 2014). The judge begins the opinion by explaining that the case was before the Court upon Defendant, Pincelli & Associates Inc.'s (Pincelli), Motion to Dismiss. . . . Plaintiff, United Propane Gas Inc. (UPG), has responded. . . . Defendant has replied. . . . This matter is now fully briefed and ripe for adjudication. . . .UPG alleges that through email communication, between UPG's President Eric Small and Pincelli's Vice President of Operations Kristin Ford, UPG and Pincelli formed an agreement that Pincelli would sell and UPG would buy propane at 97 cents per gallon for 50,000 gallons per week for one year. . . . UPG alleges that Pincelli has refused to honor this agreement and sell UPG propane under the agreed terms. . . . UPG brings claims for breach of contract and…
↧
Brennan Center urges new orientation in "Federal Prosecution for the 21st Century"
↧
↧
Motor vehicle accident in California kills 1 near Squirrel Creek
The massive trucks that navigate California roadways are used for various jobs that standard vehicles could not properly accomplish. When these trucks are involved in an accident with a standard vehicle, it can catastrophic consequences. The size of these trucks typically increases the severity of accidents, and any collision involving one of these massive vehicles can injure or even kill those involved. A recent motor vehicle accident involving a cement truck recently killed one individual along Highway 20. The accident took place on the afternoon of Sept. 22 just after 4 p.m. and involved a cement truck and a standard sized vehicle. Initial investigations showed that the driver of the cement truck was unable to stop at a red light for unknown reasons. He then avoided a line of stopped cars but struck another car in the intersection. After the two vehicles collided, both of them left the road and traveled down an embankment. The driver of the car was pronounced…
↧
Absent evidence of threats to humans, is incarceration for five years for animal abuse needed (or helpful)?
↧
The Road to True Threats is Paved with Intimidating Intentions
Recently, the Tenth Circuit Court of Appeals considered the dividing line between free speech guarantees and the state’s authority to criminalize threat speech. In United States v. Heineman, the court held that the government must prove specific intent in true-threat cases: to obtain a conviction, prosecutors must prove not just that the defendant intended to […] The post The Road to True Threats is Paved with Intimidating Intentions appeared first on Crime In The Suites.
↧
Washington v. Andlovec - Jury Unanimity in Accusation of Multiple Acts
In Washington criminal cases where a defendant faces charges stemming from multiple criminal acts extending over a period of time, it's important that jurors be instructed on the specific acts they are considering. Otherwise, there is a risk that juror unanimity could be compromised. That is, some jurors might agree to convict on the basis of evidence presented for one act, while others may convict on the basis of evidence presented for another. Our Pierce County criminal defense attorneys know this would amount to a constitutional violation. This is why, in the 1984 case of State v. Petrich, the Washington Supreme Court ruled prosecutors may elect which act in a series they rely upon for conviction. Otherwise, a jury should be instructed that all 12 must agree that the same specific underlying act has been proven beyond a reasonable doubt. This is referred to as a "Petrich instruction." However, there are sometimes exceptions, as illustrated in the recent…
↧
↧
Sexual Assault: It Happens to Men, Too
A Chicago woman was arrested for her role in the alleged sexual assault of a Chicago man at gunpoint. The defendant and her friend picked up the man in their car as he walked down a Chicago street and proceeded to assault him. Male Rape Victims Sexual assault of a man can – and does – happen. Rape is traditionally an underreported crime, even more so for men than women. But the most recent statistics indicate that 38 percent of sexual assaults occur against men by women. Other studies estimate that 1 in 10 adult males will be the victim of a sexual assault. The word “rape” typically elicits an image of a man forcing a woman to engage in unwanted sexual intercourse. But Illinois sexual assault laws are gender neutral. Criminal sexual assault requires penetration by any object. If the woman causes the male to penetrate her, whether forcibly or through threat of force (for example, at gunpoint, which was alleged in this case), or if she uses any object to…
↧
DEROGUEMOS LA LEY DEL SISTEMA PRIVADO DE PENSIONES
Comparto con ustedes un artículo de Blog del Diario Gestión que acabo de leer, hoy 24 de setiembre de 2014 y les adjunto mi comentario. El autor, es el señor Luís Ramirez y el Blog se llama "Smart Money". " Unas cuantas verdades… 15/09/2014 11:32 7 1inCompartir 0 A raíz del artículo anterior pude notar que muchos la tiene clara, es decir, casi todos coincidieron en la importancia de ahorrar e invertir para la vejez. Entonces me preguntaba yo, porque tanto alboroto con la ley de retención para los independientes. No sé, tal vez lo que no gustó fue la forma y no el fondo. No voy a buscar explicaciones políticas pues no es lo mío, pero si deseo darles algún alcance desde el punto de vista de las Finanzas Personales, que sí es lo mío, y en el camino aclarar dudas y aterrizar algunas ideas. Primero dividamos la vida de las personas en tres…
↧
No Bigger Fish to Fry? Why Iran is Imprisoning a Sports Fan
Take action to demand the release of Ghoncheh Ghavami Going to watch a volleyball game shouldn’t mean having to make a major political statement. It certainly shouldn’t mean arrest and indefinite detention in solitary confinement. But that is exactly what happened to dual British-Iranian Ghoncheh Ghavami, a 25-year-old woman who went to Tehran’s Azadi Stadium in June to watch a match during the International Federation of Volleyball World League games. She and other women were defying a 2012 ban on Iranian women watching volleyball games, supposedly to protect them from the lewd behavior of male fans. Police used excessive force to disperse the women and several, including Ms Ghavami, were arrested. Ms Ghavami spent 41 days in solitary confinement without access to her family or lawyer. She has reportedly been told that she is going to be charged with “propaganda against the state” which would involve a trial in a Revolutionary Court; on September…
↧
Making Sense of Murder Versus Manslaughter in Illinois
Most states, including Illinois, differentiate the various types of homicide based on the context of the killing. “Homicide” is the blanket category that includes murder and manslaughter. It can be confusing to decipher the differences when these terms seem to be thrown around interchangeably in the media and in daily usage. In legal application, however, there are important distinctions between each of the terms. These seemingly small, nuanced dissimilarities have significant implications on the sentence a person will receive who is ultimately convicted. First Degree Murder Essentially, murder occurs when one intentionally kills another human being. In Illinois, murder is further divided into two categories: first degree murder and second degree murder. In order to commit first degree murder under Illinois law, one of three states of mind must be present for a successful conviction: The defendant must have intended to kill or do great bodily harm, or at least know…
↧
↧
Obama Speaks at U.N.
President Obama addressed the U.N. today. Here is the full text of his remarks. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
You’ve Been Charged with a DUI – Now What?
Being charged with a DUI in Massachusetts can be a traumatic experience and could happen to just about anyone. After facing charges, you might wonder if you should contact a drunk-driving attorney. You may also be curious about how you will be prosecuted and what consequences you will face, both personally and professionally. Read on to learn more about what you should do when facing a drunk-driving charge. Massachusetts Criminal Lawyer Defending People Charged With a DUI Hire an Experienced Attorney It is important to hire an experienced DUI attorney immediately upon being charged and, if possible, at the onset of interrogation. Doing so will provide your attorney ample time to review your case and prepare a defense. Depending on the nature of the evidence presented against you, your attorney will file motion(s) to have the charges reduced, or completely dismissed. Also, an experienced DUI attorney may be able to negotiate a favorable plea on your behalf. Contact me…
↧
Arrested And Forgotten
It seems impossible to a New York criminal defense lawyer that this could happen, as there is a law, CPL §180.80, that requires a defendant arrested for a felony to either be indicted, given a probable cause hearing or released within 120 (which ends up being 144, because the Legislature forgot about weekends) hours of arraignment. Is there nothing similar in Mississippi? Octavious Burks has been in the Scott County Jail since Nov. 18, 2013. Joshua Bassett has been there since Jan. 16, 2014. A grand jury has yet to indict either man. They are far from alone. In jails across the state, some are held behind bars more than a year without ever being indicted. “This is another poor man’s curse in Mississippi,” said J. Cliff Johnson, director of the MacArthur Justice Center at the University of Mississippi School of Law. “It sounds like something that happens in a Third World country.” This bizarre situation is…
↧
Ignition Interlock Devices – Inaccuracy and False Triggers
IIDs (Ignition Interlock Devices) are used across the US in all states for repeat DUI offenders. It’s a device about the size of an average mobile phone, which lets you start your car after it gauges the alcohol content level in your breath. In order to start your car, you need to breathe into the device, but your breath must contain no more than 0.02% of alcohol. Yes, that’s way below the legal limit, which is 0.08%. In addition to this narrow margin , you also need to give breath samples randomly while you’re on the move. This is to ensure that you do not drink while driving or have someone else blow into the machine to start it. Serious Implications for Repeat Offenders Some states have been more stringent than others, requiring IID installation for first-time DUI offenders too. If you have committed 2 or more offenses within a 5-year span, in Georgia, you will need to have the device installed in your car. If you’re a third time DUI offender, you…
↧
↧
"Does Immigration Enforcement Reduce Crime? Evidence from 'Secure Communities'"
↧
Judging the Judges
Judge Kopf wondered what others thought, then offered his own thoughts, on what to do about Mark Fuller, the U.S. District Judge who beat his wife. I offered a response in a post (one I'm not altogether sure I agree with, but hey, that's the nature of ruminations) in which I mentioned a couple of local judges charged with serious misconduct. One of them was Lance Mason who, because of the charges, is not currently hearing cases.I was in the courthouse the other day, in a courtroom across from where Judge Mason sits and hears cases when he actually sits and hears cases. I noticed that the doors to his courtroom were open, the lights on. The plaque outside had his name illuminated. His name plate was still on the bench. Nobody inside, of course. Not open for business, though it sure looked like it was.Yesterday, and one county over, Jim Burge, a trial court judge, was charged by a special grand jury with 12 counts of public…
↧
But For Video: Black Man With Gun In Wal-Mart Edition
John Crawford III was shopping at Wal-Mart, which may reflect a questionable choice of venues but is not illegal in these United States. And still, he ended up dead. While walking through the store, he picked up an unboxed pellet gun and continued down the aisles, chatting on a cellphone all the while. Another shopper, seeing Crawford carrying what looked like “an automatic rifle” while black, called 911. The police appeared with both alacrity and passion, having just been trained to be “aggressive” to stop shooters. Who doesn’t want to try out their new lessons? According to the officers, they commanded Crawford to drop the weapon a few times. He didn’t, so they killed him. But there’s a video tape, because Wal-Mart. While it’s not the easiest to follow (the shooting is at 8;26;55;01), one thing is clear: John Crawford doesn’t turn, doesn’t appear to show any recognition that…
↧
More Pages to Explore .....
