Idaho State Police District 1 ****UPDATE**** Crash is cleared and all lanes of travel re-opened. *********************************************** The Idaho State Police is responding to a blocking crash on US 95 south of Sandpoint Idaho. This crash is on the Bridge crossing Lake Ponderay commonly know as the Long Bridge. There will be traffic delays on US95 and motorists should avoid this area if possible. It is unknown on how long these delays will exist.
UPDATE District 1 crash Sandpoint Idaho Longbridge
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Crayton & Collins: Preventing Eyewitness Misidentification in Massachusetts
“Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in 72% of convictions overturned through DNA testing.” –Innocence Project. Two cases recently decided on the same day by the Supreme Judicial Court (“SJC”) have made important strides in helping prevent wrongful convictions due to misidentification. In Commonwealth v. Crayton, the SJC excluded an in-court identification of the defendant where the witnesses were never asked to identify the defendant before trial. The Court also held that the in-court identification of the defendant in Commonwealth v. Collins should have been excluded where the witness had been unable to make a positive identification prior to trial. To examine the importance of these recent cases, we should first explore why eyewitness identification evidence, while powerful evidence to juries, can be so unreliable that it can lead to the extraordinary rate of wrongful…
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Attempted Tampering with Physical Evidence
New York Penal Law S 215.35 on Tampering with physical evidence, defines the following terms: 1. "Physical evidence" means any article, object, document, record or other thing of physical substance which is or is about to be produced or used as evidence in an official proceeding. 2. "Official proceeding" means any action or proceeding conducted by or before a legally constituted judicial, legislative, administrative or other governmental agency or official, in which evidence may properly be received. New York Criminal Penal Law S 215.40 on Tampering with physical evidence, states that: A person is guilty of tampering with physical evidence when: 1. With intent that it be used or introduced in an official proceeding or a prospective official proceeding, he (a) knowingly makes, devises or prepares false physical evidence, or (b) produces or offers such evidence at such a proceeding knowing it to be false; or 2. Believing that certain physical evidence is…
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"Hinckley won't face new charges in Reagan press secretary's death"
From CNN.com: Hinckley faced charges related to Brady's shooting during his 1982 trial, but was found not guilty by reason of insanity. "Because the jury conclusively made this finding, the government would be precluded now from arguing that Hinckley was...
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The issue in this case is whether plaintiffs sustained serious injury
A Nassau Auto Accident Lawyer said that, defendant, moves pursuant to CPLR §3212 for an order granting summary judgment in his favor, dismissing Plaintiffs' complaint, alleging that the injuries sustained by Plaintiffs', do not satisfy the "serious injury" threshold requirement of Insurance Law §5102(d). This action arises out of a motor vehicle accident that occurred on December 5, 2008. As a result of the accident, plaintiff allegedly sustained serious personal injury, including but not limited to, cervical radiculopathy and lumbosacral radiculopathy. A Nassau Spinal Iinjury Lawyer said that, the other plaintiff also allegedly sustained serious personal injuries, including but not limited to, disc bulging at L2-3, L3-4, and L4-5; cervical radiculopathy; and lumbosacral radiculopathy. The issue in this case is whether plaintiffs sustained serious injury as defined under Insurance Law. In a motion for summary judgment the moving party bears the…
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News Scan
Father, Son Lead Police On Crime Spree: A traffic stop in West Virginia resulted in a shootout with police and two suspects in custody charged with murder after officers found the bodies of two in the bed of their truck. Jonathan Mattise and Mitch Weiss of the Associated Press report that a father and son duo from Texas allegedly shot and killed an elderly couple in North Carolina before setting their home on fire and stealing their vehicle. When police pulled the men over for a traffic stop in West Virginia, they began shooting at officers. Police are still uncertain about the motive for the killings, but believe the pair would have continued on with their crime spree if they hadn't been caught.Murder Rate Drops In Several US Cities: Major cities across the U.S. experienced lower murder and violent crime rates in 2014, and while no one is certain on the exact cause, law enforcement officers are celebrating the trend. Reid Wilson of the…
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2015.4: Another Proposed Revenge-Porn Statute
A prosecutor asked me recently whether I might be willing to work with legislators to write a revenge-porn statute that would pass First Amendment muster. I replied that I would, but that I didn’t think it could be done. The United State’s Supreme Court’s modern approach to First Amendment challenges to content-based penal restrictions of speech, as applied in U.S. v. Stevens and U.S. v. Alvarez, is a categorical one: If a penal statute restricts a substantial amount of protected speech based on its content, it is invalid. All speech is constitutionally protected unless it falls in one of a very few narrowly defined categories of historically unprotected speech. Among those categories1 are: Advocacy intended, and likely, to incite imminent lawless action; [Distribution of] obscenity; Defamation; Speech integral to [non-speech] criminal conduct; So-called “fighting words”; Child pornography; Fraud; True threats; and Speech presenting some…
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The Prosecutor Has A Story - and he will spin it against you at trial!
By now you likely have finished listening to Serial, a podcast from the creators of This American Life, hosted by Sarah Koenig that garnered over 5 million listeners and which I last wrote about weeks ago. Time flies when you are busy. Since then I have tried a little criminal case, and been through an arbitration proceeding in an intellectual property dispute. And I am going back through Serial because there are great lessons for lawyers and defendants - actually there are lessons for Plaintiffs in personal injury cases or any other type of case. Here is the one that I took away from the second episode of Serial - the prosecutor always has a story, and he (or she) will spin it against the defendant on every opportunity. Story? Yes, story. In Serial, the prosecutor has to provide a reason (motive) for the jury to believe that high school senior Adnan Syed killed his ex-heart throb Hae Min Lee. The prosecutor's version - spun like…
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Ignorance of the law in no excuse, unless you’re a cop
One of the most frustrating aspects of criminal defense work is the double standards that abound between what we expect of government (cops and prosecutors) and what expect of citizens. Which leads us to the case of the day….. Today’s SCOTUS disaster is Heien vs. North Carolina. The issue was- Can the police detain you for something that is not illegal, if the police “reasonably believe” you have broken the law? The answer is a resounding 8-1/”Holy shit what happened to the liberal justices?!”/”Hell YES they can!” ruling. I’m disappointed, but not really surprised by this ruling. Anyone who follows criminal appeals can see how we go here. A few years ago SCOTUS ruled if the police kept a database with erroneous information, and wrongfully arrested someone who didn’t have a warrant when the computer said the suspect did, that was ok. The police have a hard job, and making sure they don’t arrest innocent…
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DUI Arrests In Orange County In 2014
Orange County Cracks Down on Driving Under the Influence Drivers Orange County continues to reinforce their commitment to crack down on individuals who drive under the influence of drugs and/or alcohol. As they do every year, Orange County law enforcement agencies began their “Avoid Campaign” during the holiday season with their DUI task forces out in full force. It began on December 15, 2014 with the Orange County Sheriff’s Department searching out high risk DUI offenders with outstanding arrest warrants. Individuals who either failed to show up for their court date or who had violated the terms of their probation were sought out and arrested. The Sheriff’s Department, and Sheriff’s Department’s Special DUI Warrant Service Operations, places a high priority on lowering deaths and injury with their DUI Task Forces, which includes searching neighborhoods for individuals with outstanding warrants. As they also do every year, DUI check points…
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Teenagers and the Law
Turning 18 is a very exciting time in a teenager’s life, as well as for their parents. However, for most parents, along with the excitement that a parent feels for their child, there comes the serious reality of just what that means. Privileges such as being able to vote, enter into binding contracts and being able to get married, give young adults a sense of atomy and freedom. But most young adults don’t think about the serious legal implications that come along with turning 18. They are a juvenile in the eyes of the law one day and then the next, they are adults. There is no magic light switch that flips on once a child turns eighteenth, that all of the sudden changes the way they think and act. Their impulses and behaviors are still the same because they are the same child they were the day before. When a minor, someone under the age of 18 years, comes in contact with the police and/or court system, the consequences, depending upon the circumstances, are put in…
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Russell Babcock is SuperLawyer 2015!!!
Russell Babcock has been voted a SuperLawyer for 2015 for his outstanding defense in federal and state criminal cases. Only 5% of attorneys qualify for SuperLawyers. While Russell has won many awards for his outstanding San Diego crminal defense work, he especially pleased with this award because it requires an independent nomination, a confirmation by his peers, and his being voted in by a special committee. “The practice of law is like being a surgeon,” Russell says. Not only is academic background important, but also skills that are honed over more than three decades of work.
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House Bill 4186 – Michigan Legislature proposes changes to setting aside convictions / expunction
Expunction – What is it? House Bill 4186 proposes changes to Michigan’s set aside act – allowing for the removal of — or expunction of certain convictions from public record. Challenges faced with convictions and expungement When is a person’s ‘debt to society’ paid? This is a primary question in deciding whether or not a conviction can be set aside. There are a large number of Americans across the country that have criminal records. Numerous challenges can face those with a public record of criminal convictions, including employment, licensing, and financing as well as housing difficulties. It is not uncommon for employers to conduct background checks of potential job candidates, only to refuse hiring them based upon a criminal record, often without regard to the charge, or the age of the conviction. There is a negative stigma associated with having a criminal record and many times people are faced with answering for past bad acts…
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2 vehicle injury crash near Murtaugh
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: January 2, 2015 9:55 p.m. Please direct questions to the District Office On January 2, 2015, at approximately 6:15 p.m., Idaho State Police investigated a two vehicle injury crash on US Highway 30 and 4500 East, near Murtaugh. Luis Castaneda, 25, of Hazelton, was driving southbound on 4500 East in a 1996 Honda Civic. Jason Thomas, 44, of Burley, was driving eastbound on US-30 in a 2007 Kenworth semi truck pulling a single trailer. Castaneda failed to yield at the stop sign, and the Honda collided with the semi. Castaneda was not wearing a seatbelt and was ejected. He was transported via air ambulance to Portneuf Regional Medical Center in Pocatello. Thomas was wearing…
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Jagd auf jugendliche Intensivtäter
Als „Intensivtäter“ gilt in Hamburg jeder Gesetzesbrecher, der wiederholt nach ähnlichen Taten geschnappt wird. Allein diese Gruppe der Intensivtäter ist verantwortlich für die Hälfte aller von Jugendlichen begangenen Delikte – vor allem Raub, Diebstahl, Körperverletzung und Nötigung. Jeder dieser Täter wird von der Polizei in Hamburg einzeln betreut – rund um die Uhr! Dabei kümmert sich jeder Beamte um bis zu zwanzig Jugendliche und Heranwachsende zwischen 14 und 25 Jahre. Sie versuchen, den Jugendlichen auf der schiefen Bahn mit Härte, Aufmerksamkeit und Gesprächen zu begegnen. Die Hemmschwelle, auch Waffen einzusetzen, ist bei diesen jugendlichen Intensivtätern besonders gering – es genügen schon kleinste Ehrverletzungen. Kein leichter Job, der von den Polizeibeamten viel abverlangt. Null Toleranz: Konzept „Manndeckung“ Es gilt, gegenüber jugendlichen…
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The Cycle of Abuse in Relation to Domestic Violence
Goodman Law Group, P.C.520 S 4th St,Las Vegas, NV 89101Phone: (702) 383 – 5088Fax: (702) 385 – 5088Lenore E. Walker, an American psychologist, developed a social cycle theory in 1979 that includes the cycle of abuse. An entire cycle could happen in just a period of 24 hours, a week or a month. Walker interviewed people subject to domestic violence and found out that there is a similar pattern among victims. Here is the proposed cycle of abuse. Tension BuildingThe tension between couples usually builds up due to different domestic issues such as financial matter, parental responsibilities, time for each other, etc. During this stage, the abuser (whether it is the man or the woman) tends to be more irritated and vulnerable than the other. The victim feels the need to concede the abuser’s emotion to minimize the tension. The communication starts to break down and the tension continues. IncidentWhen the tension reaches its boiling point, violence…
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Tsarnaev’s Inconvenient Jury
Selection is scheduled to begin in the trial of the last living Boston Marathon bomber, Dzhokhar Tsarnaev. The defense sought to delay jury selection as it needed more time to complete its preparations for trial, as well as move the trial to a location where there might be some hope of finding an impartial juror. Judge George O’Toole Jr. refused. O’Toole rejected the defense’s motion to delay jury selection, noting that it would pose too great an inconvenience to the more than 1,200 people who have been called in for that purpose. Mere inconvenience aside, delaying jury selection for too long could necessitate a re-summonsing, which would delay the trial for months. The trial has already been pushed back from a November start. The “inconvenience” now is the by-product of the decision to move forward despite the defense’s requests for more time. While the court’s concern for 1,200 potential jurors is slightly endearing,…
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Shami Witness's Detention Extended Until Jan. 15
Shami Witness, the tweeter from India who posted ISIS news updates with favorable comments, went to court yesterday. His police detention is over, and he has been remanded to judicial custody until Jan. 15. Bengaluru City Police Commissioner M.N.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"How did a law to regulate heroin traffic turn into the costly, futile War on Drugs?"
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More than check-box form needed to certify juvenile defendants as adults
More from the SA Express-News (Jan. 2) on recent Texas Court of Criminal Appeals rulings requiring the state to better justify decisions to certify juvenile defendants to be tried as adults. The story opened:For the first time, Texas appeals courts have overturned the convictions of two teenagers tried as adults, ruling that the juvenile courts did not provide enough evidence to explain why the youths were “certified” as adult defendants.Juvenile justice advocates and some lawmakers say the two cases, both from Harris County, show that it’s past time to examine how the state pushes defendants under 17 into the adult criminal justice system. Critics say this practice, known as certification, follows a pro-forma, rubber-stamp process.Basically Harris County was using a check-box form that allowed the judge to avoid making findings specific to the individual:the decisions noted the Harris County juvenile court did not give sufficient evidence as to why…
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