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Outgoing Governor Pat Quinn decides nearly one thousand more clemency petitions in a one-month span

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Throughout his tenure as Illinois Governor, Pat Quinn has truly been a champion in reviewing and deciding Petitions for Executive Clemency. In total, Governor Quinn has reviewed a total of 3,962 petitions, granting 1,418 and denying 2,544. Just this past Christmas Eve (December 24, 2014) he decided a total of 604 clemency petitions, granting 179 of them and denying the remaining 425. Prior to that, on the eve of Thanksgiving, Governor Quinn granted 126 petitions and denied 185. It is my sincere hope that we see at least one more batch of clemency petition decisions prior to Governor Quinn leaving office on January 12, 2015.

Home Robbing Issues

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Don’t Barricade Yourself in the Home You’re Robbing! Imagine you are coming home on a Saturday afternoon, and you see a couple of burglars carrying your possessions out of your house. You watch them for a minute as they put your belongings into their vehicle, and turn around to go pick up another load. What do you do?Las Vegas Review-Journal reported that on December 13 in the northwest valley, this is what these homeowners did. They immediately called 911, and as the burglars saw the owners, they ran back into the house. Metro Police arrived minutes later with a Swat team and crisis negotiators. Now, it would be interesting to know what they were doing while barricaded in the home that they just robbed. Were they popping some popcorn relaxing on the sofa? Police aren’t sharing those details, but if these burglars had any smarts, they got hold of an expert criminal defense attorney that could help them get out of this mess. The house is surrounded with nowhere…

News Scan

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Parolee Accused of Murder: A Missouri man with a criminal history dating back more than 10 years has been arrested and charged with murder after authorities say he shot and killed a man the same day he was released on parole.  Brandie Piper of KSDK News reports that in addition to a second-degree murder charge, 29-year-old Dominic Irons is also accused of shooting and wounding an off-duty police officer.  While Irons was incarcerated in 2012, he was sentenced to an additional six years for assaulting either a corrections employee or fellow inmate, however, that sentence was suspended, allowing his release on parole.  Death Penalty Bill Would ID Executioners: Democrat lawmakers in Florida have proposed a bill ( HB 4003) that would require the state to disclose the names of executioners responsible for administering lethal injection drugs to condemned inmates.  Troy Kinsey of Bay News reports that for years, Florida Democrats have made several unsuccessful…

2 Vehicle injury crash on US20

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: December 29, 2014 3:20 p.m. Please direct questions to the District Office On December 29, 2014, at 9:06 a.m., Idaho State Police investigated a two-vehicle injury crash on US Highway 20 at milepost 311, near St. Leon Road. David Bradley, 59, of Idaho Falls, was driving in the right lane, east on US Highway 20 in a 2014 Volvo semi pulling a trailer. Shawn Farrer, 28, of Idaho Falls, was driving a 1997 Toyota Camry. Farrer was attempting to merge onto US 20 when his Toyota struck the semi and became wedged under the trailer. Both vehicles came to a stop on the shoulder. Farrer was extricated from the vehicle and transported via ground ambulance to Eastern Idaho Regional Medical…

Rothstein on Confrontation

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Paul F. Rothstein (Georgetown University Law Center) has posted Unwrapping the Box the Supreme Court Justices Have Gotten Themselves Into: Internal Confrontations over Confronting the Confrontation Clause (Howard Law Journal, Vol. 58, Forthcoming) on SSRN. Here is the abstract: Williams...

Reasons for Suspended License

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In Maryland, there are 7 common reasons for suspended license.  If you are charged with driving on a suspended license in Maryland, contact attorney Randolph Rice at 410-288-2900 or email him for immediate legal help. 7 Common Reasons for Suspended License Points. You have received too many points on your Maryland driving record and the MVA has suspended your license. 8-11 points and the MVA will send you a suspension letter. Violation of License Restriction.  You weren’t suppose to do something while driving and you did it and the MVA has suspended your license. Medical Advisory Board. The Medical Advisory Board has determine you are unfit for a medical reason, that you are unfit to drive. Fail to Pay a Fine for a previous ticket. You failed to pay an old traffic ticket and the Court notified the MVA and the MVA suspended your license. Go pay he ticket right now and the MVA will life the suspension.  Make sure you ask for a “trial” when you…

How much Should you pay a Lawyer for a DUI? - Part 4

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In part 3 of this article, we hit the backstretch of our inquiry into legal fees in DUI cases. In this final section, we'll race to the wire and finally get to what I consider reasonable price ranges for various Michigan DUI charges, and look at a few other considerations directly relevant to this subject, as well. Here, we can take up the very question asked at the outset of this article: How much should you pay for a DUI lawyer? First off, the most important thing you're going to pay any lawyer for is experience. I hated that 24 years ago, when I was in my 1st year of being a lawyer, but the bottom line is that by the time I had 10 years under my belt, I could look back and say that I had learned a lot in a decade. At 15 years, I really believed that the last 5 were the most instructive. By the time I hit 20 years' experience, it felt like I knew twice as much as I had just 5 years before. Now, at the 25-year mark, I realize that it was those first 20…

Michigan Driver's License Restoration Appeal Essentials

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Most of my driver's license restoration articles focus on 1 or 2 aspects of what it takes to win your license back. If you have lost your license in Michigan for multiple DUI's, or if you have a "hold" on your driving record because of 1 or more DUI's in Michigan and are unable to obtain or renew a license in another state, there is a very specific process you must follow, and what I call "a million little rules" you must navigate, in order to reinstate your ability to drive legally. One of the reasons I have so many articles examining just 1 or 2 facets of license appeals is that there is just a lot to all this. Even a summary of the license restoration process usually takes multiple installments. This article will be an ambitious attempt to summarize that process in one short piece. You must first be eligible to file a license appeal before anything can move forward. A driver's license is revoked for life after multiple…

Innocent Alabama Couple Jailed for Failing to Pay Court Fees

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PBS News Hour ran a disturbing story about an Alabama couple who were found innocent of violating a traffic violation but were nevertheless jailed for failing to pay approximately $500 in court costs imposed by the judge. The couple became indigent after giving birth to a child with a rare brain disease who needed constant medical attention. The Childersberg municipal court engaged a private for profit company, Judicial Corrections Services, to collect the court fees. While the couple paid off a substantial amount of the fees, they became unable to pay after their child died. The couple ended up spending several hours in jail before a relative came and paid off some of the fees. The couple, which has already paid nearly $1300 toward what they owe, racked up nearly $2500 in fees associated with the original case. This doesn't include additional fees imposed by Judicial Corrections Services. You can watch the segment here.

7 New Illinois Laws You Should Know for 2015

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1. The liability of parents for underage drinking no longer only applies to residences or private property. State law will be expanded in 2015 to penalize parents who allow those under the age of 21 to consume alcohol in vehicles, trailers, campers or watercrafts under their ownership or control. Parents will face a fine of up to $2,000. If a death results, parents can face a felony charge. 2. The Illinois Tollway Authority will now have the authority to increase the speed limit to 70 mph on interstates in urban areas. The law previously passed in 2013 allowed for a 70 mph speed limit only in rural areas. 3. Individuals, including children, who suffer from seizures will be permitted to be treated with medical marijuana. Although the specific rules and regulations regarding children are not finalized, it is likely that the child will be required to obtain written certification from two doctors. 4. Photo lineup procedure will change in order to help reduce wrongful…

Payday lenders still getting some Texas prosecutors, courts to carry their collections water

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Even though Texas ostensibly outlawed the practice, Texas Appleseed has alleged "an ongoing trend of unlawful use of criminal charges by payday loan businesses to collect debts" in a complaint to Texas' Consumer Finance Protection Bureau. Lots of juicy detail there so rather than excerpt it, I'll just say those interested should read it themselves. Bottom line: Most counties seem to have stopped, some have clearly not (whether due to confusion, miscommunication or avarice - in general, prosecutors' hot check funds are dwindling), and there's insufficient data to track the issue in close detail.See also coverage from Texas Public Radio, Huffington Post, the SA Current, and of course The Texas Observer, whose earlier reporting launched the most recent push toward payday lending reform. Also, I was happy to see the complaint referencing a report on the topic my wife helped prepare for Consumers Union 15 yeas ago. She poured a lot of herself into this…

Missouri Man Facing Drug Possession, Other Charges

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On Sunday December 28, a Morley, Missouri man was taken into custody for allegedly possessing a controlled substance, violating a protective order, and resisting arrest. 56-year-old Kevin McClendon was in possession of methamphetamine, according to a news article at the Southeast Missourian; he was also charged with unlawful use of drug paraphernalia. A senior deputy with the Scott County Sheriff Department confronted McClendon at a business in Morley on Sunday morning regarding violations of an adult protection order. The deputy informed McClendon that he was being arrested for the violation; McClendon then pulled a container from a jacket that was inside his vehicle, which he had decided to leave at the location. The container had a plastic bag inside containing a substance that was found to be methamphetamine. McClendon was ordered to surrender the drugs to the deputy. McClendon then backed up and walked away from the deputy, dropping the bag on the ground. At that point,…

San Diego County Going To Require IID’s For All DUI Convictions?

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California State Senator Jerry Hill plans on introducing a bill on Monday, January 5th,  that would require all defendants who are convicted of drunk driving to install ignition interlock devices, (IID’s).  A first DUI conviction would result in a 6-month requirement.  A second driving under the influence conviction would result in a 1-year IID requirement.  (See news article on CBS.) What is an IID?  It is a breathalyzer instrument that is professionally installed in your vehicle by a court-approved company.  The driver must blow into the device, providing an alcohol-free sample, in order for the car to start.  If alcohol is detected, the car will not start.  Once started, the driver will be prompted to give another sample within 15-minutes of driving and then again about every 45-minutes.  If alcohol is detected during these random samples, the car will stall and become inoperable.  Sample “failures” are…

North Carolina Court of Appeals Upholds Woman’s Conviction in Motor Vehicle Death of 12-year-old Boy

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Earlier this month, Reyna Patricia Valencia’s conviction in the 2011 death of a 12-year-old boy was upheld by the North Carolina Court of Appeals. Valencia was found guilty of reckless driving, felony death by motor vehicle, and two counts of felonious restraint in September of 2013. She appealed the verdict based on a motion to dismiss the two charges of felonious restraint, claiming that the 12 and 14-year-old boys who got into her vehicle on the fateful day did so willingly, and that she did not coerce them by fraud. Valencia was sentenced to 6 years, two months, and 25 days in prison. Ultimately, Valencia was allegedly drinking along the way after she had invited the two boys to go along with her as she prepared for a party that evening, telling them their mother had given permission for them to go with her. At some point in the trip, witnesses reported Valencia’s 2003 Dodge Stratus was swerving all over U.S. 220, and that she was driving at a high rate of…

Tuesday Open Thread

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My new Spanish learning program, Fluenz, arrived yesterday. I'm going to try it out now, so I won't be blogging much today. It is really cold here. Forecasters say temperatures in Denver will top out at 4 degrees on Tuesday before... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Food Babe Scam: Why Vani Hari Is a Fraud

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A few months ago, I wrote here about “Food Babe,” the persona invented by Vani Hari. She is a pretend expert on food, blogging about supposedly dangerous additives. Some call her a “food activist,” but the truth is that she is paid for bringing paranoia and hysteria to her cult-like following. I believe Vani Hari […]

What Will Happen at Court?

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When you hire me, you will know what to expect every step of the way with your case, even what the plan is for court. © marketing for Andrew Flusche, 2014. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post What Will Happen at Court? appeared first on Andrew Flusche.

Ahmed on HIV, Violence Against Women, and Criminal Law Interventions

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Aziza Ahmed (Northeastern University - School of Law) has posted HIV, Violence Against Women, and Criminal Law Interventions (CUNY Law Review, VAWA @ 20 Symposium) on SSRN. Here is the abstract: In this invited response to the 20th anniversary of...

Resisting Arrest Maryland Laws and Penalties

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A resisting arrest charge can severely impact your life. A resisting arrest penalty could include a fine, jail time, or even both. If you’ve been charged for resisting arrest in Maryland, you should understand the law and hire a knowledgeable attorney to assist with your case. Contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 for immediate legal assistance. Resisting Arrest Maryland Lawyer This crime is described as physically struggling against a lawful arrest or interfering with the lawful arrest of someone else. The struggle can occur when a police officer approaches you to bring you into custody, or if you resist being put into a vehicle or cell. A lawful arrest without a warrant is when a police officer witnesses a misdemeanor or felony being committed, or the police have probable cause to believe a misdemeanor or felony is being committed. A warrant from a judge can also order an arrest. It is unlawful for police officers to arrest the…

Baseball Hall of Fame Voting: Focus On Substance Over Substances

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“Voting shall be based on the player's record, playing ability, integrity, sportsmanship, character, their contributions to the team on which the player played.” -- BWAA's Hall of Fame RulesRacists and segregationists who conspired to keep African Americans out of baseball are in the Hall of Fame.  So are players who regularly used amphetamines to "enhance" their performance on the field and others who took illegal drugs off the field.  Cheaters are in the Hall, from spitballers to sign stealers.  The Hall includes adulterers, sexual assaulters, drunks and batterers.  But some of the greatest players of the past couple of decades, including some of the greatest in the game's history, are denied induction into the Baseball Hall of Fame because they allegedly used steroids, probably used steroids or simply looked like they used steroids.  (Meanwhile, Tony La Russa and Joe Torre, managers whose star players used…
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