15 year old Andrew Fryberg passed away Friday evening. He is the fifth teen to die in the Marysville school shooting. Predeceasing him were his girlfriend Zoe, friends Shaylee and Gia, and his cousin Jaylen Fryberg. Jaylen's death has been ruled... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Marysville Shooting: 5th Teen Dies From Injuries
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Späte Einsicht bei der Staatsanwaltschaft Mannheim
Die Staatsanwaltschaft Mannheim, die zweitgrößte in Baden-Württemberg mit 130 Mitarbeitern, hat mit Alexander Schwarz einen neuen Leitenden Oberstaatsanwalt (LOStA) bekommen. Das allein wäre eine wenig spannende Nachricht, hätte er sich nicht erfreulich deutlich über die Verfehlungen der Anklagebehörde in der Vergangenheit geäußert. Keine verfolgungswütigen Bluthunde Das Image der Staatsanwaltschaft Mannheim sei zumindest angekratzt und habe auch durch die Paukenhiebe in den Medien enorm gelitten hat. Insbesondere im Ermittlungsverfahren und der öffentlichen Hauptverhandlung gegen Wettermoderator Jörg Kachelmann hagelte es Kritik: „Nicht gerechtfertigt“ sei das gewesen, sondern eine von wesentlichen Teilen der Medien aufgebauschte Kampagne, die nichts mit der Realität zu tun gehabt habe, äußerte sich der neue Behördenleiter gegenüber dem „Mannheimer Morgen“. Er…
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ISIS Recruits Take to the Sea
At an Interpol conference this week, outgoing Chief Ron Noble said European ISIS recruits are facing stepped up airport and bus station checks in Turkey, making it harder to get to Syria. Their solution: Book a cruise to Turkey, and exit at a port... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Prez Obama selects Loretta Lynch to replace Eric Holder as US Attorney General
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Lots of great post-election coverage (and other stuff) at <em>Cannabis Law Prof Blog</em>
I am pleased (and not surprised) to see that Professor Franklin Snyder continue to post lots and lots of great new content at Cannabis Law Prof Blog. Here are just some of the great posts worth checking out that provide various perspectives on perspectives after the big election this past...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Q2nL6JMnhcw" height="1" width="1"/>
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Injury Crash Near the Fort Hall
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: 11/8/2014 10:00 a.m. Please direct questions to the District Office On Saturday, November 08, 2014, at 7:17 a.m., the Idaho State Police investigated a single-vehicle injury crash on Interstate 15, just north of the Fort Hall Casino. Sarah A. Ward, 22 of Blackfoot, was driving a 1997 Ford Explorer south on Interstate 15 near milepost 81, when she went off the right shoulder and rolled near milepost 81. Ward was not wearing a seatbelt and transported by ground ambulance to the Portneuf Regional Medical Center in Pocatello. The right lane of Interstate 15 was blocked for approximately 45 minutes. This crash is under investigation by the Idaho State Police. DSP Initials …
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Academia Unhinged, Once Again
One of the reasons I enjoy teaching is that allows me to look at the strange and wily land that exists inside the academic bubble. To say it's disconnected from the real world doesn't even begin to catch it.Today I noticed, on SL&P, an entry titled, "We should stop putting women in jail. For anything."The essay, by a professor at the University of Illinois at Chicago, makes exactly the case stated in its title. But the extent to which it goes to paint criminals as victims is remarkable even by the bizarre standards of academic life. Sample:What purpose is served by subjecting the most disempowered, abused and nonviolent women to the perpetually negative environment of prisons?Ummm.....well......to punish them for crimes they committed? To deter them? How about this juicy case? Ripe for a stiff term of community service?Plus, you gotta love phrases like, "the negative environment of prisons."I took after Prof.…
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STATE OF OHIO v. R.H.: Conviction Avoided in Columbus Marijuana Case
Our Columbus law firm represented a 31-year old Upper Arlington man who was charged by Columbus police with possession of marijuana. Less than 30 days after arrest, we were able to avoid a conviction of any type by resolving the case with a bond forfeiture. Our defense strategy was to prevent or make it extremely difficult for the State to prove the substance our client possessed was marijuana. How did we do that? To understand this defense, there are several things you need to know. First, in minor misdemeanor marijuana cases, unless the client gives up his or her right to a speedy trial, the case must be brought to trial within 30 days after the person’s arrest or the service of summons. See Section 2945.71 of the Ohio Revised Code. For higher level marijuana charges the speedy trial time is longer, but time constraints imposed on the prosecution still exist. Second, in all drug cases the State has the burden to prove that the substance found was a controlled…
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Will Bankrupt Billionaire Escape His Spousal Support Obligations?
American Samuel Wyly and his late brother Charles made their fortune as savvy entrepreneurs. They founded or grew a variety of successful businesses including arts and crafts stores Michael’s, University Computing Company, restaurant chain Bonanza Steakhouse, and Sterling Software. They also reputedly donated over $90 million dollars to charitable causes, including large donations to the Republican party. Along the way some of their business activities attracted the attention of the U.S. Securities and Exchange Commission. In 2006 they were under investigation for their alleged use of potentially illegal offshore tax shelters. Grand juries in New York and Texas were tasked with investigating whether the brothers had used funds in offshore trusts to purchase $30 million dollars of art, jewellery, furniture, and other personal items for themselves. They denied any wrongdoing and advised investigators they would invoke the fifth amendment if they were subpoenaed to testify.…
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Nevada Crime Stats
Nevada’s Crime Ranking: Accurate or Not? According to statistics released by the FBI late last year, Nevada ranks second in the nation when it comes to the number of violent crimes committed by her citizens. According to Andrew Spivak, a professor at the University of Nevada Las Vegas who studies crime trends, that ranking may be a bit deceiving based upon the state’s propensity for tourism.The FBI report noted that there were 600 crimes for every 100,000 people in the state. To determine ranking, the FBI used information from the U.S. Census Bureau, which reported there were 2.7 million people who called Nevada home. Spivak claims this unfairly elevates Nevada’s crime rate, since it does not take into account the more than 300,000 people who may be visiting Las Vegas at any given time. Spivak noted that when tourists report being a victim of crime, it counts as an incident, yet the actual crime rate is based upon population; however, that may not actually…
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A parole revocation hearing was scheduled
Appeal by the defendant from a judgment of the County Court, Nassau County, rendered October 23, 1986, convicting him of robbery in the third degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony. At trial, the manager of a Woolworth's store in Hempstead testified that the criminal defendant, after waiting on a check-out line for several minutes, seized a sum of money from an open cash register and fled. The manager pursued him and, despite the defendant's threats of violence during the pursuit, succeeded in capturing the defendant only moments after the crime. At an on-the-scene showup which occurred within 30 minutes of the offense, a cashier who witnessed the incident, identified the defendant as the perpetrator. The defendant, a parolee at the time of the offense, was…
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People v. Davidson
The defendant appeals from an order which denied, without a hearing, his application to vacate a judgment of the same criminal court, rendered July 21, 1975, which convicted him of grand larceny in the third degree, upon his plea of guilty, and sentenced him to an indeterminate term of imprisonment not to exceed three years. The trial court erred in denying, without a hearing, defendant's motion to vacate the judgment. The appeal from the judgment, which was affirmed, concerned only matters in the record. The issue on this appeal concerns matters dehors the record. Consequently, it was error to hold that the instant issue on appeal was raised and already resolved against the criminal defendant on the appeal from the judgment. The court, in denying the motion, further erred in basing its decision on People v. Davidson (35 N.Y.2d 227). The Davidson case is clearly distinguishable since it involved a patently incredible allegation which was flatly contradicted by the…
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"The controversial device that helped catch alleged Philadelphia abductor"
FourthAmendment.com links to this piece in the Washington Post: Local and federal law enforcement officials announced Wednesday that they had rescued a nursing assistant whose violent abduction in Philadelphia was caught on surveillance video. And as police credit that video...
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Dubious Reports U.S. Air Strikes in al Qaim Target ISIS Leaders
Update: Via CNN: CENTCOM confirms air strikes hit the convoy near Mosul, and that it was aimed at ISIS leaders. It said it doesn't know whether al Bagdadi was in it. CNN says 15 militants died. CENTCOM would not confirm conducting airstrikes in al... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"Magistrate issues arrest warrants for 17 years but is new to “probable cause”"
Orin Kerr has this post at The Volokh Conspiracy. In part: Here’s a remarkable case from the Ohio Supreme Court, State v. Hoffman, involving an unconstitutional arrest warrant. The defendant was arrested for a misdemeanor based on a defective arrest...
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WSP begins upgrade of DUI breath test machines in Washington State
A recent Seattle Times article can out confirming what a lot of DUI Attorneys already knew. The Washington State Patrol has begun rolling out the new breath test machines in Washington State. Speaking on behalf of the WSP, Trooper Mel Sterkel confirmed 83 of the new Dräger Alcotest 9510 machines will be placed in police […]
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UK Launches Mission to Find ISIS Executioner
The Daily Mail reports Britain's elite members of the Special Air Services (SAS) have been sent to the Middle East to locate the black-clad ISIS executioner in the hostage killing videos of British citizens David Haines and Alan Henning (who... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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The Second Circuit revisits the concept of curtilage for Fourth Amendment purposes
The recent Second Circuit decision in Harris v. O’Hare, 2014 WL 5471749 [2nd Cir. 2014], decided on October 30th, addresses and expands upon the concept of curtilage, a topic infrequently addressed in judicial opinions (common though it may be in dinner party and happy hour conversation). The Court’s examination of curtilage was important in Harris (and may be useful in other cases) because it delineates an area in which an individual enjoys an expectation of privacy protected by the Fourth Amendment.So what is curtilage? The curtilage of a dwelling house is the land immediately surrounding it, and excluding any associated “open fields beyond.” In Harris, the Second Circuit noted that curtilage is a concept that “originated at common law to extend to the area immediately surrounding a dwelling house the same protection under the law of burglary as was afforded the house itself” (Id. at *7, quoting United States v. Dunn, 480…
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Crash near Fort Hall Claims one.
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: 11/08/14 20:25 Please direct questions to the District Office On Saturday November 8, 2014, at 3:38 p.m., the Idaho State Police investigated a single vehicle crash on Interstate 15 at milepost 82, near Fort Hall. Andrew Newman, 65 of Pocatello, driving a 2000 Chevy Tahoe, was southbound when he left the roadway, traveled through the median and across the northbound lanes. The vehicle then rolled and came to rest on the frontage road. Newman was transported to Portneuf Medical Center in Pocatello by air ambulance. Newman's passenger, Darinda Newman, 62 of Pocatello, was transported to Portneuf Medical Center by ground ambulance, and second passenger Gernnard Parsons, 85 of…
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Women, Too Delicate For Prison
What were the chances? In retrospect, pretty darned good. I should have seen this coming a mile away, but I didn’t, and so it struck me as so utterly absurd at first. As the gender-based approach to law, shifting from equity if not equality to flagrant gender preference, this is merely a natural step in the progression. From the Washington Post, via Doug Berman, comes this “provocative” proposal by associate professor Patricia O’Brien of the Jane Addams College of Social Work at University of Illinois at Chicago: It sounds like a radical idea: Stop incarcerating women, and close down women’s prisons. But in Britain, there is a growing movement, sponsored by a peer in the House of Lords, to do just that. The argument is actually quite straightforward: There are far fewer women in prison than men to start with — women make up just 7 percent of the prison population. This means that these women are disproportionately…
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