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First Case of Ebola in NYC Confirmed

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A doctor in New York who recently returned from Africa has been confirmed to have Ebola. It was the main story on CNN (Sirius in the car) all afternoon, segment after segment. He went bowling (I think they said last night) and he took an Uber taxi... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Correction Commissioner Halts Placement Of Sex Offenders At Manchester Halfway House

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See earlier: Residents Concerned Over Sex Offender Group Home in Manchester 10-23-2014 Connecticut: The state will not place any more convicted sex offenders in a halfway house that residents have said does not belong in their neighborhood, the state correction commissioner wrote in a letter released Thursday. "Based on appropriate community concerns," Interim Commissioner Scott Semple wrote to

FedSoc Event on Prop. 47

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The Federalist Society has a debate Monday evening in San Francisco on the "defining criminality down" ballot measure, Proposition 47.  SF Public Defender Jeff Adachi will speak for the measure, and San Mateo DA Steve Wagstaffe will speak against it.  Announcement is here.

News Coverage of the Gallup Poll

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The Guardian posts, "Six in 10 Americans support death penalty despite recent botched injections," by Jessica Glenza. Though Americans’ opinions held steady over the past six years, support for executions has slid considerably since the mid-1990s, from an all-time high...

ASHLAND SCHOOL BUS DRIVER IS ARRESTED FOR HIS THIRD DRUNK DRIVING CHARGE

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Robert E. Murphy of Ashland, a 59-year-old (hereinafter, the “Defendant”) gentleman is, or was, a Hopkinton school bus driver. He has now been arrested and charged with operating a motor vehicle under the influence of alcohol and operating a motor vehicle to endanger. According to WBZ, this is his third OUI case, the last having taken place 25 years ago. The Defendant’s arrest, together with his history, has touched off renewed interest into how many drunk driving cases a person can have before a license is suspended or lost. According to the report, it is very difficult to have one’s driving priviledge suspended or terminated in Massachusetts. The article explains that “In general, just being charged with an OUI offense—no matter how many times—is not enough to have a license suspended or revoked.” This verbal slight of hand, perhaps hopeful to shock the reader, states something that is absolutely true. Similarly,…

Continuing Attention for 'Just Mercy'

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Bryan Stevenson's essay, "The Man on Death Row Who Changed Me," appears in this Sunday's New York Times Magazine. It was an old hymn they used to sing all the time in church where I grew up. I hadn’t heard...

How Execution Times Shifted

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"Predawn Justice at High Court; 5 a.m. order in voting case rare — but not new," is by Tony Mauro for the National Law Journal. The U.S. Supreme Court's recent 5 a.m. order in a Texas voting rights case was...

News Scan

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Convicted Sex Offender Accused of Rape: Authorities in Texas have arrested a convicted sex offender who is accused of raping two young girls and infecting them with HIV and other sexually transmitted diseases.  Mike Glenn of the Houston Chronicle reports that 33-year-old David Wilson is believed to have sexually assaulted his niece, who was just under 2-years-old at the time, and his ex-girlfriend's 14-year-old daughter.  Wilson was sentenced to four years in prison in 2004 after being found guilty of sexually assaulting another 14-year-old girl, he is currently being held in county jail without bond.Parolee Charged in Cold Case Killing: An Illinois parolee with a lengthy criminal past has been charged with first-degree murder for a 2002 cold case killing.  Fox Chicago reports that 40-year-old Steven Podkulski was paroled on Wednesday after serving just five years of a 10-year sentence for a burglary conviction, police arrested him for the murder immediately…

4th Day of Jury Deliberations in Robel Phillipos Trial

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The jury is in its fourth day of deliberations in the trial of Robel Phillipos, the friend of Dzhokhar Tsarnaev charged with two counts of making a false statement to federal officials in a terror investigation. Count One pertains to his statements... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

//blawgsearch75.rssing.com/chan-6519914/article7950-live.html

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US v. Castro-Ponce, No. 13-10377 (Gould with Reinhardt and Berzon).  The 9th makes clear that before a court finds that an upward adjustment for obstruction of justice based on false testimony is appropriate, the court must explicitly find that (1) the testimony was false; (2) the testimony was material; and (3) the testimony was willful and intentional.  In this case, the defendant was charged with conspiracy and other drug trafficking offenses.  He testified as to four incidents, offering explanations that explained why he was at certain spots. The court imposed a 240-month sentence based on the obstruction adjustment, but expressly found only that the testimony was false.  Given the severity of such an adjustment, and the chilling effect on testimony, the court must also explicitly find the two other elements in the section: materiality and intentional willfulness.  The 9th follows the approach of the Sixth and Tenth Circuits.  Here, the…

Stop. Tweet. #StopTorture and Demand Reparations in Chicago.

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October 24th is United Nations Day –meant to commemorate the passage of the Charter of the United Nations.  One of the principles of the UN Charter, enshrined in the preamble, is: “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, andto establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained.” On the 69th anniversary of the UN charter, our work to affirm these principles continues at home. Between 1972 and 1991, Chicago police under the direction of former Commander Jon Burge systematically tortured more than 100 people of color on Chicago’s South Side. During Burge’s reign of terror, over 110 African American and Latino men and women were subjected to electrical shocks on their genitalia or other body parts with a handmade shock box or…

Scratch One From the AG Short List

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Carol Lee reports in the WSJ:Former White House counsel Kathryn Ruemmler has withdrawn her name from consideration as President Barack Obama 's nominee for attorney general, a White House official said Friday.Mr. Obama had asked Ms. Ruemmler to consider succeeding Eric Holder, who announced last month he would step down as attorney general when a replacement is confirmed. But Ms. Ruemmler, who was at the center of every legal decision made by the White House in Mr. Obama's second term, concluded her closeness with the president would make Senate confirmation difficult and create a bitter partisan fight, the White House official said.Ms. Ruemmler spoke directly with Mr. Obama on Wednesday to inform him of her decision, after speaking earlier in the week with senior White House officials about her concerns, a person familiar with the discussions said.Mr. Obama is expected to name a nominee after the Nov. 4 election.Other potential picks for the attorney general post…

13-Year-Old Jacksonville Boy Charged as Adult in Murder

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State Attorney Angela Corey announced Thursday afternoon that she is prosecuting a 13-year-old boy accused of second-degree murder of a homeless Jacksonville man as an adult. This is the second time she’s charged a young juvenile with murder. The 54-year-old homeless man was found dead in a shopping center parking lot on 103rd Street in June. Police said he was shot in the head. A month later they arrested the then-12-year-old juvenile after a 16-year-old friend was charged in an armed robbery and motor vehicle theft and implicated him. A grand jury indicted the boy Thursday in the homeless man’s death allowing the adult charges to be filed by the State Attorney’s Office. Prosecutors did not provide a motive for the killing and they did not discuss the case in detail or explain why they filed second-degree murder charges. According to police, surveillance videos showed the youths at the scene. There was no apparent motive for the shooting, it was described as…

Support of Assembly Bill 10473-A

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Defendant, through his attorney, moves this Court pursuant to CPL § 440.20, for an order setting aside and modifying the sentence previously imposed upon him on the grounds that the sentence was unauthorized; was illegally imposed; and is invalid as a matter of law. A Nassau County Criminal attorney said that on February 8, 1995, the Grand Jury of Nassau County indicted the defendant for several crimes of: Offering a False Instrument for Filing; Attempted Grand larceny; Grand larceny; and Defrauding the Government. On December 10, 1996, the criminal defendant was convicted, after a jury trial, on each count of the indictment. Post verdict, the defendant moved this Court, pursuant to CPL § 330.30(1), for an order setting aside the verdict. The Court granted the defendant's motion with respect to Counts 3 and 4, and denied defendant's motion with respect to Counts 1 and 2. Prior to sentencing, the Court held a pre-sentence conference with Assistant District…

Long Beach City Court

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In this Criminal case, the defendant moves to dismiss the superior court information in this matter pursuant to section 210.20 of the Criminal Procedure Law on the ground that the information charges an offense other than the one for which he was held by the Long Beach City Court for action of the grand jury. This matter was previously the subject of consideration by this Court in relation to a motion to amend the superior court information. In its decision on the former motion this Court expressed the view that under the provisions of the recent amendment to the New York State Constitution a person may only waive indictment and consent to be prosecuted by superior court information in relation to the charge in the local criminal court for which that person was held for grand jury action. This precise issue, however, could not be decided on the previous motion and it required this motion to dismiss to place the question squarely before the Court. It is undisputed that the…

Simon-Kerr on Systemic Lying

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Julia Ann Simon-Kerr (University of Connecticut School of Law) has posted Systemic Lying (William & Mary Law Review, Forthcoming) on SSRN. Here is the abstract: This Article offers the foundational account of systemic lying from a definitional and theoretical perspective....

"UN rights expert concerned over drone use in domestic law enforcement"

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From Jurist. In part: A UN rights expert said Wednesday that the increase in the use of armed drones in domestic law enforcement may violate human rights [press release]. In his report [text, PDF] to the UN General Assembly, UN...

If I File Bankruptcy, Am I Liable for My Business’s Debts?

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The great state of Georgia is home to many equally great small and medium-sized businesses.  Georgian residents are true entrepreneurs and several of our friends and neighbors have enjoyed great success with their businesses all across the state.  Unfortunately, in the business world not every person with a good idea and dedication is going to succeed, especially in the recent hard economic times the country has been experiencing for several years. Due to the recession, a number of Georgian business owners have made the difficult decision to close up shop and cut their losses.  Along with these difficulties, financial hardships can arise when a person closes his/her business – especially if the business owes a significant amount of money to creditors.  In these situations, creditors often try to threaten to file a lawsuit against the business’s owner personally in order to try to collect payments owed to them by the distressed business. Whether…

Falk on The Riddle of Rape-by-Fraud

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Patricia J. Falk (Cleveland-Marshall College of Law) has posted Not Logic, But Experience: Drawing on Lessons from the Real World in Thinking About the Riddle of Rape-by-Fraud (123 Yale L.J. Online 353 (2013)) on SSRN. Here is the abstract: Courts,...

Two vehicle crash westbound I-84 at milepost 189

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 10/24/14 8:10 p.m. Please direct questions to the District Office On Friday, October 24, 2014, at approximately 3:32 p.m., the Idaho State Police investigated a two-vehicle crash westbound I-84 at milepost 189, 5 miles west of Hazelton. Gaylen Bingham, 66, of Burley, was westbound in a 2013 Dodge Ram pulling a cargo trailer. Armando Parra, 41, of Notus, was driving behind Bingham in a 1997 Freightliner semi pulling a trailer. Bingham slowed for traffic in a construction zone. Parra failed to slow down, and struck Bingham's vehicle. Both drivers were wearing their seatbelts. Neither driver was transported to the hospital. The lane was blocked for approximately…
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