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Execution Delayed by Paperwork

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Lou Antonelli reports for the Mt. Pleasant (Texas) Daily Tribune:The killer of Vicki Garner, who was murdered in Tyler in 1996, has delayed his date with the execution chamber in Huntsville for at least another month as a result of a paperwork snag. Family members were bitterly disappointed when they learned the Texas Department of Criminal Justice (TDCJ) cancelled Robert Charles Ladd's execution - which was to have been held this Thursday, Dec. 11 - because of a paperwork delay. "It was a crushing blow," Teresa Wooten, the sexual assault director at the SAFE-T women's shelter, said. "We had all worked so hard to set this date by the end of the year." Judge Christi Kennedy of the 114th District Court in Tyler held a hearing and ruled…

New Jersey Foreclosure Defense Lawyers

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New Jersey Foreclosure Defense Lawyers Our NJ foreclosure defense lawyers will aggressively fight to prevent you from being victimized by foreclosure. There are a number of legal strategies to keep you in your home and prevent the banks from foreclosing. You can be sure that we will do everything we can to guide you through the foreclosure defense process and then help you through the mortgage modification process. Because we aggressively utilize every possible legal defense on your behalf, our foreclosure defense attorneys are better able to negotiate with the lender. This will allow you to afford to remain living in your house. Of course, each foreclosure case in New Jersey is different, so our defense lawyers specifically tailor a defense to your case. Our tough, smart lawyers use a combination of aggressive lawyering and effective negotiation to help you get the result you want with your foreclosure case. Most of our foreclosure clients are looking to modify their mortgage…

Responding to Bureau of Fraud Deterrence Consent Order

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Responding to Bureau of Fraud Deterrence Consent Order State agencies, such as the Bureau of Fraud Deterrence, Department of Banking and Insurance must provide with notice that you are under investigation. This notice will advise you that they may file a civil action against you for violating the Fraud Act, N.J.S.A. 17:33A-4. In addition to a civil penalty for violating the Fraud Act, you could be facing criminal charges. When you receive such a notice, they will also provide you with a consent order. The consent order clearly indicates that it does not preclude prosecution. Thus, you could wind up signing the consent order, paying a lot of money and still get arrested. If you have received a notice that indicates that you are under investigation by the Bureau of Fraud Deterrence, you should talk to a New Jersey fraud defense lawyer before you do or say anything. OUr fraud defense lawyers know how to craft aggressive defenses to you case. It doesn’t matter how guilty you…

The Garner No-Bill

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A commenter (paul, I believe) asked me a while back what I thought of the grand jury's declining to return an indictment in the Staten Island episode in which a policeman apparently choked (or otherwise pretty much directly caused the death of) Eric Garner.I am reluctant to second-guess the work of the grand jurors, who had the opportunity to examine directly more evidence more closely than I have had.  In this instance, however, I will make an exception.  It seems to me, from the most important piece of evidence  --  the tape of the take-down  --  that there was probable cause to believe that the officer committed some degree of criminal homicide, and that he should have been indicted.The differences between this case and Ferguson are legion.  The suspect offered no visible resistance, never punched the officer, never went for his gun, and never bull rushed him.  Most importantly, within seconds of the take-down, at least four other…

Georgia and US Supreme Courts Deny Stays to Cop-Killer

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The Supreme Court of Georgia denied a stay of execution to Robert Wayne Holsey, who shot and killed Baldwin County Deputy Sheriff Will Robinson in December 1995.  A press release is here.  Holsey wanted the determination that he is not intellectually disabled reconsidered after Hall v. Florida.The US Supreme Court subsequently denied a stay 7-2.  Justices Breyer and Sotomayor would have granted the stay.

Is Washington State coming out with a new breath test machine?

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Yes. See Seattle Times Story of the Washington State Patrol Breath Test Machine upgrade. The current technology is from the 80's and 90's. It has been in the works for quite awhile. BAC Upgrade However, only a few counties have...

Do I Need A Lawyer For A Greenwich & Stamford 53a-182 Disorderly Conduct Arrest?

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Getting arrested in Greenwich or Stamford for Disorderly Conduct under CGS 53a-182 may at first not seem like such a big deal. Many times you don’t even have to post bond or bail, get handcuffed, photographed, fingerprinted, or even booked when you are charged and arrested in Stamford or Greenwich for 53a-182 Disorderly Conduct. Some say it feels just like a speeding ticket. But this couldn’t be further from the truth. It’s a Class C misdemeanor—punishable by up to 90 days in jail. Plus, a guilty plea brands you with a criminal record forever And yes, you should probably hire a lawyer. Here’s why… The Crime of 53a-182 Disorderly Conduct The actual Connecticut Disorderly Conduct criminal statute is defined in CGS 53a-182 and makes illegal any kind of intentional or reckless disturbance, noise, threat, or obstruction that causes someone annoyance or alarm. As you can imagine, the 53a-182 Disorderly Conduct is a broadly interpreted and loosely…

The Rule of Nine in a Supreme Year

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No doubt it seemed a clever idea.  Focus on a single term of the Supreme Court to illuminate how it operates, what its individual and collective constitutional understanding currently indicates about some of the more controversial issues of the day, and how each of the nine justices interprets and applies the Constitution.Or perhaps the seemingly clever idea was to focus on each of the nine justices interprets and applies the Constitution in order to illuminate what their individual an collective views indicate about some of the more important issues of the day and how the Court operates.Or perhaps the seemingly clever idea was to focus on one opinion by each of the nine justices, some majority opinions, some dissents to illuminate . . . .You begin, perhaps, to understand both the virtues and the problems of American Justice 2014: Nine Clashing Visions on the Supreme Court, the new book by Garrett Epps.Epps is a lawprof with a focus on constitutional law.  He's…

We Can Call It Torture Now

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The U.S. Senate Select Committee's release of the 525 page summary (available here) of its 6,000 page report of the CIA's detention and interrogation program under the Bush Administration finally puts to rest the false claim that the United... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Lee on Policing Wage Theft in the Day Labor Market

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Stephen Lee (University of California, Irvine School of Law) has posted Policing Wage Theft in the Day Labor Market (UC Irvine Law Review, Vol. 4, No. 2, 2014) on SSRN. Here is the abstract: In recent years, workers’ rights advocates...

Washington Supreme Court: Burden of Proof in Rape Cases Shifted

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The Washington Supreme Court found it a violation of constitutional due process rights to require a rape case defendant to prove consent during trial. What this means is the burden of proof is now rightly shifted to the state, reversing a decades-old court practice (and by extension, those of criminal investigators) of requiring defendants to shoulder the proof burden to show their innocence. The underlying case, Washington v. W.R. Jr., involved a minor who was convicted in a juvenile court bench trial of having committed rape in the second degree (by forcible compulsion) against another minor, identified as J.F., while the girl resided with an aunt. Throughout the investigation, the defendant insisted the pair did not have sex. Later at trial, the defendant conceded they engaged in sexual intercourse but insisted it was consensual. The trial court found his testimony and the statements offered by his witness to be inconsistent and therefore not credible. Since the defendant…

Can I Contest a Request for a Protective Order in California?

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If you have been served with a notice that someone has filed a request for a protective order against you in California you may be surprised, or you may be expecting the notification. Either way, it is imperative that you take the matter seriously. One of your first questions may ... The post Can I Contest a Request for a Protective Order in California? appeared first on Law Office of Domenic J. Lombardo.

Federal Causes of Action and Everything that Follows

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John F. Preis, How Federal Causes of Action Relate to Rights, Remedies and Jurisdiction, 67 Fla. L. Rev. __ (forthcoming 2015, available at SSRN). Lumen N. Mulligan “Cause of action” is a ubiquitous phrase in American law. Plaintiffs plead causes of action every day. Justice Scalia admonishes the courts never to infer them from statutory or constitutional rights. Justice Holmes tells us that federal question jurisdiction depends upon them. Justice Brennan scolds us never to conflate them with choice of remedy. But what, precisely, does cause of action mean? And equally important, how does cause of action interact with the concepts of rights, jurisdiction, and remedies? Professor John Preis takes up these questions in his latest article. If you are a consumer of federal courts or procedure scholarship, Preis’ piece is a must read. To be sure, these concepts—cause of action, right, jurisdiction, and remedy—have been the topic of much…

You Can’t Handle The Truth

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Early this morning, Brian Tannebaum started twitting angrily, which in itself is nothing particularly noteworthy.  This time, however, it was about the banning from twitter of @1938loren, the twitter account of Loren Feldman.  I never followed Feldman, but apparently he was banned under twitter’s harassment policy. Banned. Without any clue what Feldman may have said or done to be banned, it doesn’t change what this means.  For those who felt (note the word “felt,” rather than “thought”) that they were harassed by whatever it is that Feldman twitted, their actions in having him banned from the twitters means that those who wanted to read Feldman’s twits are denied. He has been silenced for all, not just those individuals who found his twits disturbing. This reflects the next extension of the purification of the interwebz, the delusion of Cyber Civil Rights feminism that not only demands the right never to hear or see…

Day 4: Training Video Package

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The ten winners of today’s giveaway will receive access to all 22 TRACE Anti-Bribery Training Vignettes and the complete one-hour Toxic Transactions training video. These videos, provided exclusively to TRACE Corporate Members through the TRACE Resource Center, collectively amount to more than 2.5 hours of training on compliance issues. Topics include: Compliance Challenges in Russia, Adequate Procedures under the UK Bribery Act, The Importance of Corporate Anti-Bribery Compliance Programs, Top Three Takeaways from the FCPA Guidance and more. ENTER TO WIN *Please note: Winners will be randomly selected from all entries received between 8:00 AM EST and 11:59 PM EST More…

Teenagers Are Not Children

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Law professor Kevin Lapp has a new article up on SSRN titled "As Though They Were Not Children: DNA Collection from Juveniles."  Admittedly, my schedule these days leaves little time to read 55 page law review articles, so I have only skimmed the article this morning, but one theme of the article is commonplace and needs to be rebutted:  Teenagers are not children. Yes, all lawyers know that the law treats those less than 18 years of age as minors and rarely makes any distinctions between teens, tweens, and young children (although not always, see, e.g., family law) but it frankly ought to.  A 17-year-old "child" has cognitive and developmental abilities that are clearly and categorically different than a 10 year old.  Indeed, the old common law understood this simple proposition when it held that minors 14 years or older were presumptively responsible for crimes and could be punished as adults.  Now, of course, we are a more…

Was This What You Meant By Rape?

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It was a second marriage for both Donna Lou Young and Henry V. Rayhons, after their long-time spouses passed.  In their 70s, they were, by the account of Bryan Gruley at Bloomberg, a most loving couple. For the next six-and-a-half years, Henry and Donna Rayhons were inseparable. She sat near him in the state House chamber while he worked as a Republican legislator. He helped with her beekeeping. She rode alongside him in a combine as he harvested corn and soybeans on his 700 acres in northern Iowa. They sang in the choir at Sunday Mass. “We just loved being together,” Henry Rayhons says. Henry Rayhons is awaiting trial for the rape of his wife. The Iowa Attorney General’s office says Rayhons had intercourse with his wife when she lacked the mental capacity to consent because she had Alzheimer’s. She died on Aug. 8, four days short of her 79th birthday, of complications from the disease. One week later, Rayhons, 78, was arrested. He pleaded not…

Notable new reporting on "tough-on-sex-offenders" rhetoric in recent judicial campaigns

Housekeeping: Comments Again

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Over the past couple of weeks, mostly since posts on the Ferguson grand jury debacle, there have been new readers at SJ posting comments who are unfamiliar with either the nature of this blawg or how comments are addressed here. Regular readers need not read further; you already know all of this. SJ is a law blog.  By that, I mean that its contents are, except when I decide they’re not, law related and directed toward lawyers and judges.  This doesn’t mean that the subject matter shouldn’t be of interest to others, but that you’re largely voyeurs to a law-related blawg.  See that word, “blawg”?  That’s a bastardization of law and blog. It’s used for a reason, because this is not a political blog, or a cause blog, or a blog for people who believe in social justice, whatever that means.  It’s a law blog. Part of the “attraction” for lawyers and judges here is that I do not allow the…

AND THEN A HERO COMES ALONG

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For those of you new(er) to the REGJB, you might not know that Gregg Wenzel, a former Assistant Public Defender, resigned in the wake of 9/11 and joined the CIA Clandestine Services, where he lost his life overseas, on assignment, in a dangerous part of the world, protecting our freedoms. In Miami, Gregg Wenzel's memory has been kept alive by his good friend, Brian Tannebaum, who has attended the yearly memorial service at the CIA with Gregg's family, where there is a star in the lobby reflecting Gregg's "last measure of devotion."It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not…
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