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Close Your Eyes and Pretend Really Hard

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Scott Greenfield makes a point, with some regularity, that we shouldn't be in the business of making people stupider.H.L. Mencken said that "Nobody ever went broke underestimating the intelligence of the American public.It's not actually P.T. Barnum who said, "There's a sucker born every minute."And then there's Paul Cassell.  Former federal judge, law professor, scold, and holder of one of the soapboxes at the Volokh Conspiracy.  For several days now, he's been offering a string of misleading claims about the grand jury process and transparency and how when (he always said if, but he meant when) the grand jury did not indict Darren Wilson for the killing of Michael Brown it would be because they did their job properly and concluded that he wasn't actually guilty.  Greenfield's taken him to task for his lies misrepresentation. (Here, for instance.)  So have I (here).  So, I'm sure, have others,…

What Happens If I Am Busted for Buying a Minor Alcohol?

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Busted! Not a word you want to hear, but one that can happen very easily if you’re caught buying alcohol for someone under age—even if you didn’t realize they were under age. So, in all good faith you picked up a purchase for a friend who said he or she was 21, and heck, the kid looked it so how were you to know? Unfortunately, the police officer who busted you isn’t going to be interested in that argument. Here’s what to expect if you get caught buying alcohol for a minor. How You Might Get Caught There are many ways in which you can get caught supplying alcohol to a minor, whether the person actually drinks it or just keeps it in his or her possession. The most common ways include: During sting operations, which usually make use of minors as “bait” Public safety operations carried out by police officers “Cops in Shops” operations, where police observe alcohol being bought and often given to minors Shoulder Tap Stings…

Centerville DUI Attorney Charles M. Rowland II

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Centerville DUI attorney Charles M. Rowland II regularly appears in the Kettering Municipal Court representing the accused drunk driver.  He has established www.CentervilleDUI.com to help you access court services and learn about services provided.  Access to the court concerns cases arising anywhere in the Cities of Centerville, Kettering or Washington Township. Centerville DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Centerville and throughout Ohio.  He has the credentials and the experience to [Read the full post. . .]

<em>Marijuana Law, Policy & Reform</em> makes the <em>ABA Journal</em>'s Blawg 100

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I am pleased and intrigued to see that the ABA Journal's annnual Blawg 100 given some love to this blog. All the details of the ABA's latest Blawg 100 can be found here, and MLP&R appears under the Profs category with this description: With all due respect to the revered...

Ferguson G. J. Decision : No Indictment, Violence Erupts

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The prosecutor's office has released the grand jury testimony in the investigation of the Michael Brown shooting. The grand jury declined to indict Officer Wilson. The local CBS affiliate has this recap, with links to some of the testimony.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Race War [Updated]

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From the moment the news was out that Darren Wilson had killed Michael Brown in Ferguson, Missouri, there was probable cause to hold Wilson to answer at trial. Yet, from the moment the news was out that Darren Wilson had killed Michael Brown in Ferguson, Missouri, I have said that only an idiot would believe that Wilson would be held to answer at trial – or that anyone with the power to do so would ever even say that there was probable cause for that to happen. As Scott Greenfield has already written – no matter how early I get up, I’ll never beat him to the punch with a blog article on an important issue – That the grand jury did not indict Ferguson Police Officer Darren Wilson was a foregone conclusion. A foregone conclusion only because It ended as it was meant to end, as the foregone conclusion demanded it end. There’s a reason this blog was started with the name “Probable Cause,” and the half-joking tagline “The Legal…

Perceptions and Realities of Injustice

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The pattern is becoming all too familiar.  There is a claim of a gross injustice with inflammatory allegations.  Then there is a media firestorm.  When a full investigation reveals the actual facts, there has been no injustice, yet a substantial segment of the population will continue to believe there was, continuing to believe the original, discredited, inflammatory allegations.First Troy Davis, then Trayvon Martin, now Michael Brown.  Different cases, different underlying facts, but the same overall pattern.No, Michael Brown was not shot in the back.  The autopsy conclusively refutes that allegation.  Yet the witnesses who claimed to have seen that still said it, and maybe they really believed it, as explained in this article in the WaPo.These incidents have a deep, corrosive effect on our society.  They add to polarization and alienation.  What can be done?  Well for starters, all of us, but especially those in the media, need to…

CFPB Supervision Exposes Violations by Service Providers

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Last month, the CFPB released the fifth edition of its Supervisory Highlights report describing findings from recent examinations of consumer financial products and services providers. The report highlighted regulatory violations − or unfair, abusive, or deceptive trade acts or practices (UDAAPs) − in the consumer reporting, debt collection, deposits, mortgage servicing, and student loan servicing industries. Key highlights include the following: For the consumer reporting industry, the report primarily addressed agencies’ dispute-handling obligations, including their failure to provide certain information about reinvestigation of consumer disputes related to the completeness or accuracy of information contained in agency files. Unsurprisingly, the CFPB maintained its focus on debt collectors and violations of the Fair Debt Collection Practices Act (FDCPA). It observed debt collectors (1) exceeding FDCPA limits on imposing convenience fees, (2) threatening…

How Do You Get An Aggravated Assault With A Firearm Charge Reduced To A Misdemenaor In Okaloosa County?

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An experienced criminal defense attorney in Okaloosa County should be able to immediately tell you that the most prevalent charge that could be negotiated down from an Aggravated Assault with a Firearm offense would be the misdemeanor: Improper Exhibition of a Firearm. This would be considered a much better result that simply dropping the “with a Firearm” from Aggravated Assault, because Aggravated Assault (with any weapon), no matter how it is charged, it is still a felony, only without the 3 year minimum mandatory prison term. While the charge “Simple Assault” is a possibility too, it is substantially less likely to obtain since it is only a second degree misdemeanor and a prosecutor would have a hard time justifying that type of reduction. The one charge that best mirrors Aggravated Assault with a Firearm factually, but also insulates the client from prison and a felony conviction is Improper Exhibition of a Firearm and it is generally considered a…

The Crisis of New Jersey Courts and the Challenge to Judicial Recall

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At the very core of judicial independence is the notion that courts and judges decide matters in accordance with the evidence and legal precedent, independent from political power or outside controls. The question of whether a bipartisan and independent judiciary is still alive and well in New Jersey has been called into question recently, as […] The post The Crisis of New Jersey Courts and the Challenge to Judicial Recall appeared first on Crime In The Suites.

Rounding up some blogsphere reactions to events in Ferguson

2 Real Estate Investors Agree to Plead Guilty to Bid Rigging

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Mortgage Fraud Blog. Su Chu Chou “Terry” Cheng, Walnut Creek, California, and Chung Li “George” Cheng, Walnut Creek, both Northern California real estate investors, have agreed to plead guilty for their role in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California. Felony charges were filed in the U.S. District Court for the Northern District of California in Oakland against the defendants. To date, as a result of the department’s ongoing antitrust investigations into bid rigging and fraud at public real estate foreclosure auctions in Northern California, 49 individuals have agreed to plead or have pleaded guilty. Between May 2008 and January 2011, according to the court documents, George and Terry Cheng conspired with others not to bid against one another, and instead designated a winning bidder to obtain selected properties at public real estate foreclosure auctions in Alameda and Contra…

Ferguson and the Prosecutor’s Approach to the Grand Jury

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Yesterday, the grand jury in St. Louis County, Missouri , declined to indict officer Darren Wilson in connection with the fatal shooting of Michael Brown. Some commentators have criticized the decision of the local prosecutor, Robert McCulloch, to present all the evidence to the grand jury, rather than only evidence that would support an indictment. […]

Ferguson: Grand Jury Decides Not To Indict Darren Wilson

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A St. Louis County grand jury ruled that there was not enough evidence to charge Ferguson police officer Darren Wilson with a crime in the wake of the shooting death of 18-year-old Michael Brown. The decision, read late Monday night, means that the jury of 12 did not find enough evidence to bring charges of first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter or armed criminal action against Wilson. A 75 percent ruling is necessary in Missouri to proceed with criminal charges, meaning nine out of 12 jury members needed to believe their was enough evidence to proceed with charges. In all, the jury met 25 times, heard from 60 witnesses, three medical examiners and listened to 70 hours of testimony. As expected, the decision was met with some furor. Riots broke out in Ferguson as President Barack Obama urged citizens to express their opinions peacefully. The video is truly a sight to see.   The rioting lasted through the…

Sex Offender Conviction: Who Will Find Out?

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The simple truth is that a sex conviction – or any conviction – is a matter of public record in the United States. That means anyone can technically see your criminal record. Potential employers, landlords, customers and others can use sites like PeopleSmart, Instant Checkmate and MyScreeningReport, where they can search on your name and read your arrest and conviction  history. It’s a good idea to periodically check your record yourself. Whether or not you have a history of convictions, the record may contain inaccuracies you’ll want to work with your attorney to address. For instance, the police department may have entered your name by mistake as a criminal. Sex Offender Registration and Notification A conviction as a sex offender means your name will enter a national database. The Sex Offender Registration and Notification Act (SORNA) was established by the Adam Walsh Child Protection and Safety Act of 2006. The Department of Justice says it is a…

The Natural, Yet Ridiculous, Next Step In Affirmative Consent

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A pervasive problem in discussions about rape and sexual assault is that the words are thrown about with reckless abandon.  When words are untethered to definitions, it’s impossible to know whether it’s a forcible gang rape or an undesirable guy on the street saying “hi.”  The flavor du jour is affirmative consent. Aha! Finally, a word with a deeply rooted definition in law: Consent.  Consent is knowing, voluntary and intelligent agreement. A bill has been introduced in the New Jersey legislature to put this to the test: Earlier this month, state Assemblyman Troy Singleton (D-Burlington) introduced the bill (A3908), which would create the crime of “sexual assault by fraud,” which it defines as “an act of sexual penetration to which a person has given consent because the actor has misrepresented the purpose of the act or has represented he is someone he is not.” The impetus was a woman, Mischele Lewis, who was…

What Are You Thankful For?

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As we approach the Thanksgiving holiday I wish to take time to express my gratitude.  This has been a year of great accomplishments for me and for the issues for which  I have always advocated.  I have decided to share with you some of the things that have made the past year so great! I am thankful that I work with Mark Babb, Lori Gaipo, Jamie Anderson, Jess Rudolf, Lee Edwards and David J. Smith.  David joined us, and Jamie [Read the full post. . .]

Die Offensichtlichkeit der Unbegründetheit

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Offensichtlich unbegründet („o.u.“) soll eine Revision dann sein, wenn für jeden Sachkundigen ohne längere Prüfung erkennbar ist, dass die Revisionsrügen das Rechtsmittel nicht begründen können.1 Dann jedenfalls wird eine Revisionshauptverhandlung das gefundene Ergebnis weder in rechtlicher noch tatsächlicher Art in Zweifel ziehen können. Was allerdings offensichtlich ist, liegt im weiten Ermessensspielraum des Revisionsgerichts, dessen Grenze erst die Willkür ist.2 Mehr als 80 Prozent aller eingelegten Revisionen werden von den Strafsenaten als offensichtlich unbegründet verworfen; bei Revisionen, die lediglich mit der allgemein erhobenen Sachrüge begründet werden, liegt die Misserfolgsquote gar bei 92 Prozent. Wenig prätentiös: Beratungszimmer eines Strafsenats am Bundesgerichtshof // Foto: ComQuat (CC BY-SA 3.0) Beschlussverwerfung als offensichtlich unbegründet gem. § 349…

TWO BOSTON MEN ARE ARRESTED AT LOGAN AIRPORT FOR CRIMES OF ASSAULT, ATTEMPTED MURDER AND KIDNAPPING

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Boston police had a busy half-hour this past Saturday morning at Logan Airport. Law enforcement first responded to a report of a person screaming inside a car with a broken windshield around 11:23 a.m. near Terminal E. They wound up finding the car near Terminal B. Inside were 52-year-old Anton Hilton of Roxbury. Anton was driving. The passenger was a 21-year-old female. The passenger told the officers that Anton had assaulted her. They charged Anton with assault and battery and kidnapping. Perhaps they figured their day was done. It wasn’t. Within a 30-minute period, a naked man fell through the ceiling of a woman’s bathroom in the airport. Allegedly. The Commonwealth alleges that 26-year-old Cameron Shenk of Boston had entered the female restroom, stripped nude and climbed into the “drop ceiling”. The spot was aptly named. They say that Cameron dropped through the ceiling and landed on the bathroom floor, receiving “numerous cuts…

Pre Thanksgiving Open Thread

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TalkLeft wishes you all a Happy Thanksgiving. Don't forget to check in with your local radio station to find out what time they will play Alice's Restaurant. It was November 28, 1965 that Arlo was convicted of littering in Stockbridge, MA.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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