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Is Stranger Rape the Only “Real Rape” in Los Angeles?

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In 2012, the U.S. Justice Department funded a research report that revealed some startling attitudes toward the crime of rape in the Los Angeles Police and Sheriff’s Departments.1 The study’s authors examined clearance statistics for sexual assaults in the City and County of Los Angeles, and interviewed several police officers, sheriff’s deputies, detectives, prosecutors, and victims, getting their views on the nature of this crime and how the victim’s own acts play a role in whether the alleged offender gets prosecuted. A Look at the Numbers Researchers found that of the 5,031 rapes and attempted rapes reported to the LAPD from 2005 through 2009, 43.4% remained open, and 10.9% were determined to be unfounded. The other 45.7% were cleared, meaning the case had reached a resolution by arrest (12.2%) or through “exceptional means” (33.5%). “Exceptional means” is when an arrest could have been made but the police were unable to do so…

MICHIGAN LICENSING SANCTIONS

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All too often, Michigan defense attorneys fail to consider the license sanctions imposed by the Secretary of State following their client's conviction for a drinking and driving offense. Having said that, sometimes these resulting sanctions cannot be avoided. A person's license is subject to mandatory revocation for obtaining two (2) drinking and driving convictions within seven (7) years or three (3) drinking and driving convictions within ten (10) years. The driver license restoration process is complex and lawyers with experience before the Michigan Driver Appeal and Assessment Division (DAAD) can greatly increase a revoked person's chances of getting his or her Michigan driver's license restored. A first time revocation is for a minimum period of 1 year and a second lifetime revocation is for a minimum period of 5 years. A person whose license is revoked may not operate a vehicle indefinitely until the person is granted driving privileges before the…

JetBlue Airlines Demonstrates the Spirit of Christmas Amid the Politics of Racism

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JetBlue is a discount airline with a big heart. Headquartered in Long Island, New York, the company announced they would provide free airfare to New York City for the funerals of New York police officers, Wenjian Liu and Rafael Ramos, who were ambushed and assassinated as they sat in their patrol car in Brooklyn. The assailant, who committed suicide after the slaying, reportedly tweeted that his murderous actions were taken in revenge for the deaths of Michael Brown and Eric Garner. JetBlue has offered free airfare to permit every police department in the United States to send two officers to the funeral. Millions of Americans have saluted the generosity of the airline, however, an abusive vocal minority, including professional protesters and anarchists, have denounced JetBlue by tweeting defamatory insults, such as the following: @JetBlue is perfect example of white corporate America perpetuating white supremacy in police brutality #BlackLivesMatter” @JetBlue SUPPORTS…

West Virginia Man Blames DUI on Christmas Shopping

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The night before Christmas Eve is one of the busiest shopping days of the year, but one thing that wasn’t bought that day was Mark Jenkins’ alibi. According to the Berkeley County Sheriff’s Office, officers responded to a call about a driver passed out behind the wheel at a gas station. When the arrived, they knocked on the vehicle’s windows in an attempt to rouse the driver. Jenkins woke up after several minutes of knocking, and eventually he stepped out of the vehicle to talk with the officers. The police suspected Jenkins had been drinking, but he told the officers that he only fell asleep behind the wheel because he was exhausted from a long day of Christmas shopping. Not the most outrageous story in the book, but officers smelled alcohol on Jenkins’ breath, so they asked him to submit to a Breathalyzer. Not surprisingly, Jenkins admitted that he had “a couple” of alcoholic beverages earlier in the day, but they must have been…

State v. Cardenas-Padilla - No-Contact Order Conviction Upheld

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Violations of no-contact orders in Washington can result in serious penalties, even if the alleged contact was not violent, and, in some cases, even absent direct contact. Technology has advanced to the point where contact is immediate, requiring little effort, time, or forethought. Everyone has cell phones, and most people are connected to social media, and anyone can fire off a missive in a matter of seconds. However, if there is a no-contact order in place, the consequences can be profound, even when there is no ill intent. Such was the defendant's claim in State v. Cardenas-Padilla, where the defendant was sentenced to 14 months incarceration for a series of text messages he sent to his former mother-in-law in attempts to reach her daughter, his ex-wife, who had a no-contact order against him.

Recusals of civil-commitment judge call process into question

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The lone Texas judge in charge of "civil commitment" of sex offenders has been removed from eight cases recently over prejudicial comments, probably with more to come, reported the Conroe Courier (Dec. 24). The recusal of a Montgomery County district court judge has been granted in at least eight civil commitment cases since September, according to records at the District Clerk’s office. Judge Michael Seiler presides over the 435th state District Court — Texas’ only court responsible for handling civil commitment cases of sexually violent predators. Seiler was dismissed from six cases Dec. 11 by Senior Judge Ned Dean for either reasonably…

Enticing a Minor for Sexual Activity, Text Messages and "Testimony"

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After a jury convicted Arnold Maurice Mathis “of several child exploitation offenses and the district court sentenced him to a 480-month total term of imprisonment”, he appealed.  U.S. v. Mathis, 767 F.3d 1264 (U.S. Court of Appeals for the 11th Circuit 2014).  He appealed, raising several issues; this post examines one of them.The Court of Appeals began its opinion by explaining that in 2004, Mathis,who was approximately 34 years old, approached Jarvis J. after a high school basketball game. Jarvis was 14 years old. . . .  Mathis introduced himself as Pastor Maurice and gave Jarvis approximately $20 to purchase items at the concession stand. Mathis also told Jarvis he was willing to act as a father figure or mentor and he could assist Jarvis financially by helping him purchase shoes and clothes. Mathis gave Jarvis his cell phone number and told Jarvis to call him the next day.At some point the following week, Jarvis met Mathis and Mathis gave him a…

Petitioner now moves for re-argument or renewal...cont

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If the law and rules permit a reinstatement application, which we are required to entertain, then in most cases the applicant should be entitled to a hearing. This is certainly such a case, where the Disciplinary Committee itself originally saw the need for further investigation and hearings to determine the crucial questions of the extent of restitution and the possible influence of alcohol on the actions initially leading to disbarment. Nothing of substance changed, between the 1983 application and the instant re-argument motion, to warrant a change of the Committee's position with respect thereto. There is plainly a question of fact as to the extent of restitution and the efforts to conclude a disposition with respect thereto. The dissent clearly demonstrates there is such an issue. An evidentiary hearing is required to resolve the issue. Granting a criminal hearing does not imply that reinstatement will follow, as the dissent suggests. Our obligation to conform to…

"Self-defense is a constitutional right"

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Eugene Volokh has this post at The Volokh Conspiracy, discussing a recent case. In part: But sometimes self-defense law contains substantial gaps (perhaps unintended by the legislature). One such gap is that many state penal codes — including, apparently, in...

Second Restatement of Law of Torts...cont

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That said, however, it seems clear that New York law has deemed special injury to be a necessary consequence of a malicious prosecution. In this regard, the parties make much of footnote two in the case. It states: "Additionally, it might be noted that an action for malicious prosecution will not lie in this situation because there has been no interference with plaintiff's person or property". In this case however, was not a malicious prosecution case. That case concerned abuse of process and libel. Plaintiff contends that the dicta in Williams merely provides a toehold from which we cannot climb to the conclusion that New York requires proof of special injury, especially in light of the fact that the original reason for the heightened injury requirement did not fully transplant itself here from England. This argument, however, downplays cases from the turn of the century which strongly suggest the existence of such a requirement in New York law, and moreover,…

District 2 Injury crash Northbound US95 mp 293

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT 2 CASE # L14001260 --------------------- PRESS RELEASE ----------------------------- DATE: 12/26/14 TIME: 1:56 PM LOCATION: Northbound US95 milepost 293 ASSISTING AGENCIES: Idaho Department of Transportation VEHICLE #1 ------------- DRIVER Clarence Mcreynolds AGE 81 ADDRESS Whitebird ID INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? St Josephs Hospital Lewiston VEHICLE YEAR 2010 VEHICLE MAKE Lincoln VEHICLE MODEL Towncar WRECKER Bernards SEATBELTS/HELMET WORN? Yes…

District 1 Fatal Crash SB US95@465.6 Sagle

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DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT 1 CASE # C14002834 --------------------- PRESS RELEASE ----------------------------- DATE: December 26, 2014 TIME: 2:30 pm LOCATION: SB US95@465.6 Dufort Rd Sagle ASSISTING AGENCIES: Bonner County Sheriffs Office VEHICLE #1 ------------- DRIVER McCoy,Patricia AGE 64 ADDRESS Priest River, ID INJURIES? Fatal HOSPITAL/LOCATION TAKEN ? Coffelt Funeral Home VEHICLE YEAR 1991 VEHICLE MAKE Nissan VEHICLE MODEL Sentra WRECKER Clydes Towing SEATBELTS/HELMET WORN? Yes ------------- VEHICLE #2 ------------- DRIVER Pattin,William R AGE 70…

Crash in Hansen Kills Two

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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: 12/26/14 7:55 PM Please direct questions to the District Office Shortly before 1:00 PM today, December 26, 2014, the Idaho State Police investigated a two-vehicle fatality crash involving an Idaho Transportation Department snowplow and a Honda Accord. The driver of the Honda Accord was traveling north on 3800 E in Twin Falls County when he stopped at a stop sign at the intersection of US30 near milepost 227. The driver then pulled out in front of a snowplow traveling westbound on US30, driven by Rodney Pooler, age 58 of Twin Falls. Both vehicles traveled off the northwest shoulder of the road, striking and damaging a power pole. The rear passenger of the vehicle,…

Possession of Marijuana and Petit Larceny Charge Dismissed

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On December 9, 2014, I helped two clients in two different cities get dismissals of their charges in Norfolk General District Court and Chesapeake General District Court.  See below. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. December 9th, 2014 – Norfolk GDC, Charge: Possession of Marijuana. Outcome: Dismissed. (A dismissal means no conviction and no court costs or fines.) Reason: Officer did not give proper notice to client that he could have material tested. December 9th, 2014 – Chesapeake GDC, Charge: Petit Larceny. Outcome: Dismissed. (A dismissal means no conviction and no court costs or fines.) Reason: Loss prevention officers did not show up. The post Possession of Marijuana and Petit Larceny Charge Dismissed appeared first on Reckless Driving and…

"How Sonia Sotomayor became the Supreme Court’s preeminent defender of civil liberties"

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FourthAmendment.com links to this article in The Week.

Week Prior to Christmas: 12 Reckless Driving Charges Reduced or Dismissed (including 90/55)

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From December 17 to December 23, 2014, my last week of work before Christmas break, I helped twelve different clients in five different cities avoid reckless driving convictions in Norfolk, Virginia Beach, Chesapeake, Newport News, and Northampton either through reductions or dismissals.  So as to not bore you, I’ve included a sampling of the more noteworthy cases, involving speeds of 90 mph, 88 mph, and 87 mph. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. December 17th, 2014 – Norfolk GDC, Charge: Reckless Driving for a driver involved in a singular vehicle accident. Outcome: Reduced to improper driving. December 17th, 2014 – Norfolk GDC, Charge: Reckless Driving by speed at 87 mph in a 55 mph zone. Outcome: Reduced…

Last 5 Work Days Prior to Christmas: 12 Reckless Driving Charges Reduced or Dismissed

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From December 17 to December 23, 2014, my last work days before Christmas break, I helped twelve different clients in five different cities get reductions or dismissals of their reckless driving charges in Norfolk, Virginia Beach, Chesapeake, Newport News, and Northampton.  So as to not bore you, I’ve included a sampling of the more noteworthy cases. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. December 17th, 2014 – Norfolk GDC, Charge: Reckless Driving for a driver involved in a singular vehicle accident. Outcome: Reduced to improper driving. December 17th, 2014 – Norfolk GDC, Charge: Reckless Driving by speed at 87 mph in a 55 mph zone. Outcome: Reduced to speeding at 19 over the limit. December 18th, 2014 – Chesapeake GDC,…

Robbery in a Casino?

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Robbery Attempts Not Successful in Casinos Last month, Las Vegas Sun News reported a suspect in a casino robbery has still not been apprehended. He was caught on video demanding cash from a cashier, armed with a gun on Nov. 26. The cashier had a chance to push the alarm, so he did not get away with any cash, but he was not caught.Nevada does not look kindly on casino robberies or any other type of robbery. The legal definition of robbery in Nevada is the illegal taking of another’s property by use of violence, force, or threat. Threats are considered force if the motive in them is to hurt the victim, the victim’s family or the victim’s property. Robbery is found in NRS 200, and if the robber is arrested with an illegal weapon, more charges may be added. Last month, another robbery attempt was made at the casinos, only this robber was not so lucky. He was seen by officers walking through the casino with a gym bag where his gun was hidden. When Metro advanced,…

Tatort-Jahresrückblick 2014

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Morgen läuft im Ersten der letzte Tatort des Jahres. Und da dieser Tage überall Jahresrückblicke zusammengestellt werden, warum dann nicht auch einmal einen Rückblick auf ein spannendes Tatort-Jahr? Sonntag ist Tatort-Tag und der erfreut sich ungebrochen höchster Beliebtheit. Mit insgesamt 36 neuen Episoden war 2014 eines der produktivsten Jahre der Tatort-Historie. In diesem Jahr gab es außerdem die 900. Folge („Zirkuskind“, Ludwigshafen), einige Jubiläen und zudem wieder neue Rekorde (beste Zuschauerquote seit 1987: „Mord ist die beste Medizin“, Münster). Damit stieß das Team von Thiel und Prof. Boerne quotentechnisch Kommissar Ludwig Lenz („Gegenspieler“, München: 37% Marktanteil) vom Thron. Auch nach der Zuschaueranzahl war dies der beste Tatort seit 1987, als der ebenfalls aus München stammte („Pension Tosca oder Die Sterne lügen nicht“: 13,45 Mio. Zuschauer).…

Death of a Weed Dealer - Tampa, Florida

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Tampa, Florida -  $2.00 Worth of Weed, an urban assault vehicle, and a death - Confidential Informant Turns on Tampa Drug Cops-  they say, "A C.I. is credible, and their information is verifiable, until they no longer are."http://www.tampabay.com/news/publicsafety/crime/times-exclusive-confidential-informer-blows-whistle-in-jason-westcott-death/2211596     Confidential Informants in Tampa, FloridaVery few search warrants we see in drug crimes do not use a secret or confidential informant - code named using a CI Number. Police and Prosecutors use a number of tactics and rules to prevent the disclosure of the true identity and true reliability of the information they have paid for. #Snitch  #confidentialinformants   #drugbust   #breakingbad  #copsgonewild Stop Worrying about Drugs. The Call is Free, the Relief can be valuable. 1-877-793-9290 .
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