Ahmad Abuznaid , Caroline Bettinger-Lopez , Charlotte Cassel and Meena Jagannath (Dream Defenders , University of Miami - School of Law , University of Miami - School of Law and Florida Legal Services Inc. - Community Justice Project) have posted...
Abuznaid et al. on "Stand Your Grounds" Laws
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Some Harsh Words on Dueling
While researching and writing a paper on arbitration by combat and Game of Thrones, I came across the case of Smith v. State, 9 Tenn. 228 (1829). There, Tennessee's Supreme Court of Errors and Appeals evaluated the case of an attorney, Calvin M. Smith (no relation) (hopefully), who had been charged with murder after killing another man in a duel. Smith also faced disbarment for his actions.The court was not persuaded by Smith's claim that killing another person in a duel was less-deplorable than killing a person in different circumstances:Taking the petition for true, and how does the case of the defendant stand? By the laws of God, the laws of England from the days of the Edwards; by the laws of Kentucky and Tennessee, and every civilized land, he is declared to have been guilty of wicked and malicious murder, and a felon fled from justice. Is it possible that any well balanced mind can, for a moment, believe that a man whom the law thus condemns, is a fit…
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Remote Search Warrants and the Continued Threat to Privacy Rights
What were you doing Wednesday, November 5, 2014? If you are a staunch Republican, you might have been toasting the election results from the day before, dreamy-eyed and dancing. If you are a staunch Democrat, you might have been scratching your head profusely, thunderstruck and quiet. People across the country were talking politics and policy […] The post Remote Search Warrants and the Continued Threat to Privacy Rights appeared first on Crime In The Suites.
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Crash blocking traffic on I-84 east of Twin Falls
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: 12/01/14 7:40 a.m. Please direct questions to the District Office The Idaho State Police are at the scene of a crash eastbound I-84 at milepost 179, east of the Twin Falls exchange. The eastbound lanes are currently blocked. More information will be released when it is available. LL / KJ -------------
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Supreme Court Review Sought of 4th Circuit Ruling that Janus Does Not Apply to Criminal Cases
Thomas Prousalis, an attorney who pleaded guilty to securities fraud in connection with his work on an initial public offering for internet startup Busybox, has asked the Supreme Court to review the Court of Appeals for the Fourth Circuit’s recent decision that Janus Capital Group, Inc. v. First Derivative Traders, 131 S. Ct. 2296 (2011), does not apply to criminal prosecutions. Janus analyzed the text of SEC Rule 10b-5 and limited primary liability for false and misleading statements under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 to those with “ultimate authority” over the statements. As...
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How to Avoid Identity Theft During the Holidays
Today is Cyber Monday, and for shoppers who prefer to skip the drama of Black Friday sales, it means online deals and the ability to shop peacefully at home without fighting crowds. It also means the risk of identity theft from unsecured websites. Of course, identity theft and credit card theft aren’t limited to online shopping. Recent hacks have resulted in the large-scale theft of credit card information and “data breaches” from major retailers including Home Depot, Target, Kmart, Staples, Neiman Marcus, and more. Any time you use your credit card or debit card, that information may be available to hackers. Every time you receive personally identifying information or account statements in the mail, those documents could be vulnerable to theft. Obviously, there are risks whether you shop in person or online, whether you pay by credit card or PayPal or whether you pay only in cash. Armed robbery and muggings may be a risk if you shop at a brick-and-mortar…
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What Are The Penalties For Trafficking Or Possession Of Prescription Painkillers In Okaloosa County?
People from all walks of life use prescription medications. There are many different names of painkillers and they serve a useful purpose, even though they are subject to overuse and abuse. The problem with Florida is that our legislature has mandated a strict punishment oriented approach to dealing with these medications. And in Okaloosa County, instead of focusing on drug rehabilitation and recovery, the priority has been to sentence criminal defendants to prison by unprecedented numbers….. even those without criminal records. For example, with Loritab, Hydrocodone, Oxycodone, Codeine, Methadone, or any opiate derivative drug, the total weight includes the non-active ingredients contained in the pill. Therefore, a small amount of pills could still constitute a drug trafficking charge. TRAFFICKING AMOUNTS FOR PRESCRIPTION PAINKILLERS MORE THAN 4 GRAMS = PENALTY OF MINIMUM OF 3 YEARS (MAX SENTENCE 30 YEARS) MORE THAN 14 GRAMS = PENALTY OF MINIMUM OF 15 YEARS PRISON If…
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Former Bank President Indicted for Fraud and Money Laundering
Mortgage Fraud Blog. Michael “Sean” Davis, 43, Crestview, Florida, has been indicted by a federal grand jury and charged with nine felony counts for allegedly orchestrating short sales from Bank of America by causing the submission of false documents in real estate closings. The indictment alleges that Davis, while the president of Premier Community Bank of the Emerald Coast, devised a scheme to defraud and fraudulently obtain money and property from Premier Community Bank, Bank of America, and Beach Community Bank, all of which were federally insured. As a part of the scheme, it is alleged that Davis orchestrated short sales from Bank of America by causing the submission of false documents in real estate closings. The indictment also alleges that Davis, through his company MSD Investments, received funds from loans he authorized and approved as president of Premier Community Bank. Davis had his arraignment before Magistrate Judge Elizabeth M. Timothy at the…
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Green and Associates' Toy Drive for Children With Autism & Developmental Challenges
TOY DRIVE TIME! Donate new unwrapped toys for low income children with autism & developmental challenges serviced by one of our favorite nonprofit and multdisciplinary clinic Professional Child Development Associates for speech, OT (occupational therapy), music therapy, social skills, feeding therapy, and psychological counseling. You can drop off at our office in downtown Los Angeles or just have it shipped to our office. If you drive to our office, let us know and we will come and meet you in the parking garage to make it easy for you.If you read our blog and get some benefit and want to show your gratitude -- this is a way to do it. Or if you have gotten free consultations from our office, here's a great way to show your gratitude with a donation of a new unwrapped toy. Developmental toys preferred with no batteries. Great toys can be found for under $10. Toys or gifts needed for all ages 1-18. From now till Dec 21. Thanks and happy…
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New Internships at BCS!
Bronx Community Solutions has been making a number of exciting changes to our internship program. We have long since relied on the help of devoted interns from our very first year of operations, when we had a small team of Americorps volunteers work with us throughout the year in a variety of capacities. We expanded shortly thereafter, adding Social Work Interns who work with us primarily in the clinic for an academic year as part of their educational program toward earning a Masters Degree. High school interns and volunteers have also played a part in keeping BCS running smoothly throughout the years. Having interns has been a great way for the program to be enhanced by encompassing the work of people with a variety of experiences and interests. Interns and volunteers often infuse the project with a new energy that helps permanent staff members stay focused and motivated to do challenging work.This year, BCS is experimenting with expanding our internship program to include…
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Update - Crash blocking traffic on I-84 east of Twin Falls
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: 12/01/14 09:15 Please direct questions to the District Office *****Update***** At this time the eastbound lanes of travel are no longer blocked. KJ/LL *****End of Update***** The Idaho State Police are at the scene of a crash eastbound I-84 at milepost 179, east of the Twin Falls exchange. The eastbound lanes are currently blocked. More information will be released when it is available. LL / KJ -------------
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Justices issue cert statements expressing concerns about procedural issues in criminal appeals
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Criminal Liability for Another’s Actions
Suppose three people named Adam, Brian, and Charlie decide to rob a bank. They devise a plan in which Adam is going to go in first and announce that a robbery is occurring. The plan is for him to take out a gun and to scare everyone into submission. While he does this, Brian is supposed to go into the vault and take out all the money. Charlie is waiting outside in a car with the engine running. After Brian takes out all the money, he and Adam are supposed to run into the car and Charlie is supposed to drive off. Suppose this happens exactly according to plan. However, Adam leaves behind his ski mask which has his DNA on it. Adam is then arrested. In an effort to avoid jail time, Adam agrees to reveal the identity of Brian and Charlie and to testify against them. To what extent are Brian and Charlie guilty of the robbery? In other words, suppose they are each indicted for one count of Robbery in the First Degree. Pursuant to New York law, a person is guilty of Robbery…
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Can I Be Arrested for Theft by a Credit or Debit Card in California?
In the 21st Century monetary transactions are accomplished electronically far more often than they are in cold hard cash or even by using checks. Paper currency has made way for plastic for the majority of Americans. Not surprisingly, crimes involving fraud or theft by credit or debit card are also ... The post Can I Be Arrested for Theft by a Credit or Debit Card in California? appeared first on Law Office of Domenic J. Lombardo.
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Traffic Stop Leads to Pursuit and Crash
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: 12/2/2014 2:15 a.m. Please direct questions to the District Office On Monday, December 2, 2014 at approximately 12:11 a.m., Idaho State Police stopped a 2005 Chevrolet Impala, north on Interstate 15 at milepost 73, in Bannock County, for speeding. The driver identified as Tyson Coby, 32 of Pocatello. Coby fled from the scene after being asked to exit the vehicle due to an odor of alcoholic beverage coming from the vehicle. Troopers initiated a pursuit of Coby. Troopers discontinued the pursuit for safety reasons. A short time later Bingham County located the vehicle and initiated a pursuit. That pursuit was also discontinued for safety reasons. Bingham County than located Coby…
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Dignity, too
Josh Bowers, Probable Cause, Constitutional Reasonableness, and the Unrecognized Point of a “Pointless Indignity”, 66 Stan. L. Rev. 987 (2013). Jonathan Simon The police killing of Michael Brown this summer in Ferguson, Missouri, sparked a nationwide wave of outrage at heavy-handed police behavior generally and toward young men of color in particular. But scores of young black men are killed every year by the police, many in even more suspicious circumstances; what made Ferguson different? One significant element was the fact that police left Michael Brown’s body exposed to public view and the hot sun for some four hours. Perhaps even more than the shooting of Michael Brown (which might yet be given an explanation), the exposure of his body for such a prolonged period, conveyed to millions through social media, constituted a striking violation of social norms of respect which appeared to have no possible explanation. Leaving his body to deteriorate in the…
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Act Like You’ve Been There Before
My fellow curmudgeon, Mark Herrmann, offered a bit of worthy advice in his column at Above The Law. If you’ve really got it, then you don’t have to flaunt it. Shamelessness has become a national pastime. Not only do people feel no shame whatsoever for flagrant self-promotion, but they similarly feel no shame about puffery, overstating their worth. Often grossly overstating their worth. Like the Super Blogger and her team of blogging rockstars, the absurd hyperbole seemed so obvious that it was unworthy of mention. Yet, some commenters took it seriously enough to point that it may not be true. You think? Herrmann noted that it was unnecessary to go on at length to explain how someone who is truly renown needs to prove it. Larry Bird was his example. In other words: “I’m Larry Bird. Yes, that Larry Bird.” ‘nuf said. Granted, few people are Larry Bird level famous. Yet, if you read the twitter bios of random…
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Busted for Driving while High: What’s Going to Happen?
It’s not like drinking, is it? After all, you don’t feel out of control, you’re perfectly able to walk and—depending on your substance of choice—your head may actually be clearer than it is when you’re clean. So why all the fuss about taking a drive while you’re high? What exactly can happen to you? Let’s clear up the myths: It Doesn’t Matter What (or How Much) You’ve Had DUID stands for Driving Under the Influence of Drugs. It’s just as serious a charge as a DWI, and there are just as many misconceptions around being busted for DUID. First, it makes no difference whether you’re under the influence of marijuana, prescription or recreational drugs, or whether you got them legally or not. If use of the substance can affect your judgment, it can bring a charge of DUI/D. And this can apply to both prescription and recreational drugs. Second, research by the National Institute of Drug Abuse shows that if…
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Jura-Studium: Für 300 Euro schreibe ich Klausuren anderer
Nein, natürlich nicht ich. Das Zitat aus der Überschrift stammt vielmehr aus einem Artikel von Emily Bartels in der ZEITCampus 01/2015: Ich studiere Jura an der Universität Hamburg – und schreibe Klausuren für meine Kommilitonen. Große Hemmungen habe ich dabei nicht. Klausuren für 300 Euro wie am Fließband Angefangen habe es, als er ein paar Kumpel durch die Prüfungsphase boxen wollte und damals noch nicht einmal Geld dafür genommen hat. Irgendwann rief ein Fremder auf seinem Handy an und fragte, ob er auch gegen „gute“ Bezahlung für ihn Klausuren schreiben würde. Inzwischen melden sich neue Interessenten von Zeit zu Zeit von ganz von allein – Mundpropaganda macht’s möglich. Pro Prüfung lässt er sich 300 Euro bezahlen, 150 Euro vor Antritt und noch einmal 150, wenn die Klausur bestanden ist. Im letzten Jahr habe sich gar ein Interessent aus einer anderen Stadt gemeldet,…
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78 Year Old Physician Assistant Sentenced to Three Years In Prison For Medicare Fraud - Older Physicians and PAs Are Often Solicited by Suspect Health Care Businesses That Engage in Billing Fraud and Abuse
A 78 year old Los Angeles physician’s assistant was sentenced on November 24, 2018 to three years in federal prison for defrauding Medicare by signing fraudulent prescriptions and other medical documents for durable medical equipment (DME) while working at two separate medical clinics in the Los Angeles area. This was after a guilty plea and not a trial.Erasmus Kotey, 78, of Montebello, was sentenced by United States District Judge Margaret M. Morrow. In addition to the 36-month prison term, Judge Morrow ordered Kotey to pay approximately $3.5 million in restitution to the Medicare program. Kotey pleaded guilty in March to one count of health care fraud and one count of conspiracy to commit health care fraud in two separate cases. In a plea agreement filed earlier this year in United States District Court, Kotey admitted that he engaged in a scheme to commit health care fraud while working as a physician’s assistant at a clinic located at 866 North…
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