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Osler on Narcotics Prosecutors as Problem Solvers

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Mark William Osler (University of St. Thomas - School of Law (Minnesota)) has posted Narcotics Prosecutors as Problem Solvers (1 Stan. J. Crim. L. & Pol'y 1 (2014)) on SSRN. Here is the abstract: When deciding whether and how to...

The Federal and Massachusetts Anti-Discrimination Agencies Both Say That Parental Leave Must Be Provided Equally to Men and Women

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Just over 36 years ago, on October 31, 1978, the Pregnancy Discrimination Act (“PDA”) was signed into law, extending the protections of Title VII to pregnant women. This summer, the Equal Employment Opportunity Commission (“EEOC”) issued new enforcement guidance on pregnancy discrimination, explaining how both the PDA/Title VII and the Americans with Disabilities Act provide protections for pregnant women in the workplace. While much of the response to the EEOC’s new enforcement guidance has focused on the provisions that require employers to provide reasonable accommodations to pregnant women, another important aspect of the guidance – one that affects both men and women – has received substantially less attention. In the new guidance, the EEOC clarifies that under Title VII men and women are entitled to parental leave on an equal basis. To be precise, “similarly situated men and women” must receive parental leave “on…

Woman Accused of Helping Husband Sexually Assault 3-year-old Daughter Found Guilty

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On Wednesday, November 12, a 37-year-old Jackson County woman was found guilty of five counts of first-degree criminal sexual conduct for helping her husband, who was sentenced to a minimum of 60 years in prison in December, sexually assault the couple’s 3-year-old girl. The names of the man and woman were not released in order to protect the identity of the victim, who shares her parent’s last name. The woman was originally charged with seven counts of first-degree CSC on the theory that she aided and abetted her husband in committing the acts of sexual abuse. He pleaded guilty to two counts of first-degree CSC as part of a plea deal offered by the prosecution in exchange for his testimony against his wife, who he claimed knew about the sexual assault, and even assisted with at times. In an interview with Blackman-Leoni public safety Detectives Joseph Merritt and Sgt. Christopher Boulter, the woman described numerous abusive acts that took place between October of…

Defendant was arrested on December 1, 1976

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Appeal by criminal defendant from a judgment of the County Court, Nassau County, rendered April 28, 1978, convicting her of grand larceny in the third degree, upon her plea of guilty, and imposing sentence. The appeal brings up for review, Inter alia, the denial of defendant's motion to suppress evidence seized pursuant to eavesdropping orders. Judgment reversed, on the law, motion to suppress granted, plea vacated and case remitted to the County Criminal Court for further proceedings consistent herewith. On September 9, 1976 the District Attorney obtained two eavesdropping warrants which authorized interception of conversations by electronic means over telephones located in defendant's residence and business office at the Educational Assistance Center in Port Washington, New York. The orders permitted the interception of communications relating to the crimes of grand larceny and conspiracy. According to the accompanying affidavits, the basis for the warrants was…

Illinois Courts Interpret McNeely

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The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. Searches and seizures executed without a warrant are presumed unreasonable unless there is an established exception. The Supreme Court has found the act of drawing an individual’s blood (such as in a DUI investigation) to be a form of a seizure requiring a warrant, unless exigent circumstances make obtaining a warrant impractical. Courts evaluate the totality of the circumstances on a case-by-case basis to determine whether exigent circumstances justify a warrantless search. Exigent circumstances have been found to exist where the time needed to obtain a warrant would result in the destruction of evidence. Last January, the United States Supreme Court decided in Missouri v. McNeely that in DUI investigations, the natural diminution of alcohol in a defendant’s bloodstream does not necessarily constitute an exigent circumstance…

Mexico Arrests Another Son of Ismael Zambada-Garcia

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The Mexican army has arrested "El Mayito Gordo", aka Ismael Zambada-Imperial, son of Sinaloa co-leader Ismael Zambada-Garcia. This is the third son of Zambada-Garcia to be arrested. Serafin Zambada-Ortiz, was arrested in Arizona in November... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Details of Obama's Planned Immigration Changes

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The New York Times has details of Obama's planned executive action on immigration. It will: ....protect up to five million undocumented immigrants from the threat of deportation and provide many of them with work permits... ...One key... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Thursday Open Thread

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Our last open thread is full. Here's a new one, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

News Scan

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Marijuana User Sues Company Claiming Discrimination: A Rhode Island woman is suing a textile company after they refused to hire her for a two-month internship because she regularly uses 'medicinal' marijuana.  Michelle R. Smith of the Associated Press reports that Christine Callaghan claims that she uses marijuana to treat migraine headaches.  Her attorney alleges that the company is discriminating against her client because of a medical disability and demands that she be given an equal opportunity at employment.  Rhode Island legalized marijuana for medical use in 2006, however, it is still illegal under federal law.CA Prison Uses Dog to Find Prohibited Cell Phones: A Northern California prison is using the help of a police dog to sniff out cellphones being smuggled into the facility illegally.  William Bigelow of Breitbart reports that the dog has found more than 1,000 phones in his four years of work, most notably, he discovered a phone that had…

Our Firm Helps Whistleblower Win Award in $1.95 Million Healthcare Fraud Case

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Our firm recently helped a client report health care fraud committed by a medical billing provider in a False Claims Act (qui tam) lawsuit. Our firm joined a team of… read more → The post Our Firm Helps Whistleblower Win Award in $1.95 Million Healthcare Fraud Case appeared first on .

People ex rel. Gallo v. Warden...cont

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More recently, it has been held that separate sentences imposed upon convictions for attempted robbery and conspiracy to commit the same act of robbery and for attempted extortion and conspiracy to commit the same act of extortion and for attempted rape and assault with intent to commit rape were required to be concurrent rather than consecutive. There is, however, a holding that consecutive sentences may be imposed upon convictions for unlawful entry and petit larceny arising from the defendant's act of breaking and entering an apartment and stealing personal property from the apartment. Attempting to apply the rationale of these decisions to the case at bar, it is the opinion of this Court that the imposition of consecutive sentences upon the relator herein did, in fact, violate section 70.25(2), of the Penal Law. The forged check, reproduced in the indictment, bears the relator's own name and purports to be drawn on a joint account maintained by relator and his…

$9 Billion Punitive Damages Award in Actos Diabetes Drug Trial

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A lawsuit over the lack of warning on packaging for the diabetes drug Actos has resulted in a $9 billion punitive damages award. The award came after the drug company failed to include a warning on the package that Actos results in a higher risk of bladder cancer. The post $9 Billion Punitive Damages Award in Actos Diabetes Drug Trial appeared first on Colorado Springs Attorneys.

An Examination of Why Innocent People Are Locked Up

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A recent VICE magazine article, which is part of VICE News' partnership with the American Justice Summit, examined why there are so many innocent people in U.S. prisons. False confessions have played a role in approximately 30% of the wrongful convictions overturned with DNA evidence and have had a huge role in securing convictions of the innocent. Raymond Santana along with Antron McCray, Kevin Richardson, Yusef Salaam and Korey Wise were teenagers when the group was wrongfully convicted of raping and assaulting a female jogger in New York City's Central Park more than two decades ago. Known as the "Central Park Five," the young men gave false confessions which ultimately secured their convictions. Santana recalls how a detective lied to him during the interrogation and got him to admit to a crime he didn't commit. A 1969 Supreme Court ruling made it legal for cops to lie to suspects in pursuit of confessions, and detective Hartigan, whom Santana…

"Massey ex-CEO indicted over fatal 2010 West Virginia mine blast"

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From Reuters: Donald Blankenship, a former chief executive of Massey Energy Co, was indicted on Thursday on charges he violated federal mine safety laws prior to the April 2010 explosion that killed 29 miners at the company's Upper Big Branch...

Jacksonville Walmart Becomes Bloody Crime Scene; Man Arrested for Aggravated Battery

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As a Jacksonville criminal defense attorney, I've represented my share of clients that suffered from mental illnesses. John McFarland, self-reported as schizophrenic, was arrested for aggravated battery after an unprovoked attack against a total stranger, according to news4jax.com. As Roger Chan waited in line to pay for his groceries, McFarland used a hunting knife to stab Chan in the back of the head, face, and neck. The injuries were described as lacerations. Police arrived on the scene and took McFarland into custody without incident. McFarland, who has a history of mental illness, has been arrested for violent offenses in the past, but found not guilty by reason of insanity. Aggravated battery is a serious offense. It carries a maximum possibility of 15 years in Florida state prison. Based on McFarland's history of mental illness, however, it is likely that he will end up in the state hospital again, rather than in prison. If it can be demonstrated that…

Florida finally completes execution 22 years after murderer's horrific crime

"DC marijuana law gets support from bipartisan lawmakers"

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The title of this post is the headline of this local Fox News report about an event on Capitol Hill today. Here are details: D.C. voted overwhelmingly to legalize marijuana but the fate of the city's pot law remains in the hands of Congress. On Thursday, the city is getting...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/-k_HARzuyN0" height="1" width="1"/>

"'I Expected It to Happen/I Knew He'd Lost Control': The Impact of PTSD on Criminal Sentencing after the Promulgation of DSM-5"

PBS News Hour on KBR Burn Pit Case

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The documentary describes Susan as “attorney.”  That could describe any lawyer pulled from the street and stuck in front of a camera to act as a talking head.  In fact, she is lead counsel for what could be the biggest class action lawsuit in a long time.  Signed, her very proud husband

What makes capital murder trials unique from other murder trials?

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A capital murder trial takes place whenever the circumstances of a murder are so severe that it warrants the death penalty for the accused. First-degree murder, aggravated murder, and capital murder are some of the names given to murders serious enough to result in capital punishment, or the death penalty. However, some state courts have the options of either the death penalty or life imprisonment. Capital murder trials are considerably more expensive than the average trial too because of the amount of time it takes to reach a verdict. There are also expert witnesses involved, and a very thorough jury selection process to ensure a fair trial is given. Murders that Justify Capital Punishment Capital murder warranting capital punishment in the U.S. typically involves one or more of the following factors: The victim was a police officer, firefighter, or paramedic Victim was a child Committed alongside another violent felony, like burglary, kidnapping, or sexual assault, etc.…
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