Let's see… in no particular order of importance….Today is NFL Championship Sunday. Four teams will vie for the right to go to the Super Bowl which has become a holiday of almost religious reverence in the United States. It's just a football game. The oceans are collapsing at an alarming rate and ocean life is approaching a point of collapse from which there is no return. The NY Times has the article here. And David Young is running for Judge. The announcement of Mr. Young's candidacy drew a multitude of comments in the last post. But it's our blog so we get the last word. (Although actually Mr. Young would have the last word should he care to write in.). First as to the Airline Pilots trial several years back. The pilots were charged with attempting to take command of a commercial airline filled with passengers while they were intoxicated from a night of drinking. It is an absolute rule of flying taught on the first day of…
OF PLEAS AND PLANES AND PILOTS.
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2015.22: Illinois’s Revenge-Porn Statute
Here’s the meat of Illinois’s new revenge-porn criminalization statute: 720 ILCS 5/11-46 Sexual exploitation via non-consensual dissemination of a sexual act or intimate parts. (b) A person commits sexual exploitation via non-consensual dissemination of a sexual act or intimate parts when he or she: (1) intentionally disseminates an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed; and (2) the person knows or should have known the other person has not consented to the dissemination. (c) Exemptions. The following activities are exempt from the provisions of this Section. (1) The intentional dissemination … made under a criminal investigation that is otherwise lawful. (2) The intentional dissemination … for the purpose of, or in connection with, the reporting of unlawful conduct. (3) The intentional dissemination … where the images involve voluntary exposure in public or commercial settings.…
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How To (Really) Get Through A DUI Checkpoint
An interesting DUI checkpoint video has been circulating lately. In it, the driver gets through without even rolling down his window, passing by with ease thanks to a plastic bag attached to his car with a string. The bag contained his license, registration, insurance information, and a note saying “I remain silent,” “No searches,” and “I want my lawyer.” As clever as it may be, it’s also dangerous to think it will always be that easy. The most important thing any driver or rider can keep in mind when dealing with police is that the law does not exist in a vacuum. It only matters as applied to the facts, and except in the most unusual circumstances, courts are going to adopt whatever “facts” the officer provides. It is going to be your word versus his. The cop, a government employee and professional witness who most people believe has no reason to lie about anything, will tell a government-employee and…
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SUPREME COURT ALLOWS INCREASED SENTENCE AFTER NOT GUILTY
The “Congress Park Crew” was a loose-knit gang that ran a crack cocaine market in the Congress Park neighborhood of Washington, D.C. for thirteen years. The […]
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Kanton Bern: Eintragung unmittelbar gesetzlicher Grundpfandrechte im Grundbuch
Mittels Abstimmung hat das bernische Stimmvolk im letzten Jahr beschlossen, das kantonal-bernische Gesetz betreffend die Handänderungssteuer (HG; BSG 215.326.2) zu ändern. Neu kann bei einem Grundstückskauf unter Umständen die Handänderungssteuer gestundet werden; es wird jedoch im Grundbuch ein gesetzliches Pfandrecht mit Rangprivileg gemäss Art. 109 Bst. d EG ZGB/BE (BSG 211.1) eingetragen. Die Grundbuchämter des Kantons Bern haben deshalb die Eintragungspraxis für alle unmittelbar gesetzlichen Grundpfandrechte mit Rangprivileg überarbeitet.Unmittelbar bedeutet dies, dass das Grundpfandrecht auch ohne Eintrag im Grundbuch besteht. Die Tatsache, dass das Pfandrecht innert einer bestimmten Frist im Grundbuch nachgetragen werden muss, um gewisse Wirkungen zu entfalten, ändert daran nichts. Rangprivileg bedeutet, dass es allen anderen (insbesondere den vertraglichen) Grundpfandrechten vorgeht. Solche Grundpfandrechte sind auf…
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MN Court Rules New DWI Test Procedures Won’t Impact Old Cases
The Minnesota Court of Appeals recently struck down an attempt by one driver to withdraw a guilty plea related to a previous drunk driving charge. The Court said that while a recent U.S. Supreme Court decision declared it unconstitutional for police officers to take blood samples from suspected drunk drivers without a warrant, that did not mean that those previously convicted, even those convicted thanks to the use of warrantless searches, were entitled to reconsideration. This particular challenge has been brewing for some time, essentially since the Supreme Court announced … [Read more...] The post MN Court Rules New DWI Test Procedures Won’t Impact Old Cases appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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After the examination, the patient was put to bed...cont
On the trial of the issue joined the jury returned a special finding that in 1862 the insured fell from a tree, was injured, but not seriously, and that its effects passed away without subsequently affecting her health. The fact that the insured had so fallen was not disclosed to the insurer. It was held that the injury described by the evidence and found by the jury was not a serious one, within the meaning of the contract, and that the plaintiff was entitled to recover. In discussing the case, the meaning of the term ‘serious bodily injury,’ when used in life policies, was discussed. The justice, speaking for the supreme court, said: ‘On the first branch of the case, the court said to the jury that if the effects of the fall were temporary and had entirely passed away before the application was taken, and if it did not affect the insured’s health or shorten her life, then the non-disclosure of the fall was no defense to the action. On the other hand,…
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Fatal Crash On I15 North Of Shelley
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: 01/18/2015 1:45 p.m. Please direct questions to the District Office On January 18, 2015, at 6:52 a.m., Idaho State Police investigated a single vehicle crash on I15 at mile marker 110, north of Shelley. Maria R. Juarez, 27, of Idaho Falls, was driving northbound on I15 in a 2005 Dodge Caravan. She drifted off the right shoulder of the road and drove through a fence. The vehicle rolled and came to rest on its side. Juarez was ejected from the vehicle and succumbed to her injuries at the scene. She was not wearing a seatbelt. Next of kin has been notified. ln / do -------------
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Blackburn on flawed forensics, indigent defense
My friend and former employer Jeff Blackburn of the Innocence Project of Texas stopped by today for a 20-minute chat on the future of innocence work, flawed forensics, recording police interrogations, and indigent defense, recorded and uploaded here (wav) for anyone interested. I'm afraid Grits skimped a bit on production values this go round - no bells and whistles, just an interview - but regular readers should find the content interesting.
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Freispruch vom Vorwurf des schweren sexuellen Missbrauchs
Ein 34-jähriger Mann musste sich nun vor der großen Strafkammer des Landgerichts gegen den Vorwurf des schweren sexuellen Missbrauchs verteidigen. Er soll seinen neunjährigen Stiefsohn vergewaltigt haben. Hauptbelastungszeugen waren der Sohn und seine Mutter. Dabei berichtete das Kind, es sei von seinem Stiefvater tatsächlich auf einem Stuhl missbraucht worden. Die objektiven Beweise konnten diese Verdachtslage jedoch in der Hauptverhandlung nicht erhärten. Ein positiver Sperma-Schnelltest an der Bettwäsche konnte in späteren Untersuchungen nicht bestätigt werden. Auch die rektalen Verletzungen konnte ein medizinisches Gutachten nicht eindeutig einer Vergewaltigung zuordnen. Die Mutter, die selbst in ihrer Jugend sexuell missbraucht wurde, präsentierte auch eine Tonbandaufnahme. Sie soll während eines Missbrauchs im Kinderzimmer aufgezeichnet worden sein. Die Richter waren sich jedoch nicht sicher, ob die Geräusche auf der…
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 238 The Compliance Function: An Overview Geoffrey P. Miller New York University School of Law Date posted to database: 20 Nov 2014 2 226 Debating...
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Nurses, Physicians, Architects and other Professionals...cont
Employers can ask job applicants whether they have been convicted of a crime although federal anti-discrimination laws place some restrictions on the use of criminal histories. State law also prohibits employers, including the state and its political subdivisions, from taking certain actions against people who have their conviction records erased by an absolute pardon. Many statutes authorize government agencies to revoke or suspend licenses or permits for conviction of a felony. But the law also restricts the ability of agencies to do so. A person is not “disqualified to practice, pursue or engage in any occupation, trade, vocation, profession or business for which a license, permit, certificate, or registration is required to be issued by the state of Connecticut or any of its burglary agencies solely because of a prior conviction of a crime” (CGS § 46a-80(a)). Connecticut law declares a public policy of encouraging employers to hire qualified ex-offenders…
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What’s The Penalty For Burglary (N.J.S.A. 2C:18-2) In New Jersey?
As a base charge, Burglary in New Jersey (N.J.S.A. 2C:18-2) is a Third Degree Crime carrying a penalty of three to five years in state prison. The elements of the charge can be based on several factors, such as the allegation that you entered a structure like a home or business without permission, with the intent of committing another crime. You can also be charged if you surreptitiously remained in a structure like a home or business without permission. Trespassing on Utility Company property can also be charged as Third Degree Burglary. If you are armed or threaten to harm anyone in the course of the burglary, the charge becomes a Second Degree Crime, carrying a penalty of up to ten years in prison.Burglary is an incredibly serious charge in New Jersey, and conviction can leave you with a permanent felony record that will limit your options for the rest of your life. An experienced New Jersey criminal defense attorney can help protect you against burglary charges. Call…
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Domestic Violence and Child Abuse Part 1: Definition
According to Nevada Revised Statues (NRS 200.508), child abuse is defined as “willfully causing a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect, or to be placed in a situation where the child may suffer physical pain and mental suffering as the result of abuse or neglect”Let us discuss the clauses in the definition individually for you to understand child abuse in Las Vegas better.· “Willfully” causing a child who is under 18 years old to suffer.Child abuse is done with “intent”. If there is no intent, (e.g. if the person is declared insane) it cannot be classified as child abuse. A person is considered a child if his or her age is below 18 years old.· Suffer “unjustifiable physical pain or mental suffering” Examples of unjustifiable…
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Can I Be Charged With Burglary (N.J.S.A. 2C:18-2) In New Jersey If I Didn’t Steal Anything?
Yes, you can be charged with Burglary in New Jersey (N.J.S.A. 2C:18-2) even if you didn’t steal anything. While we tend to think of burglary as the act of breaking into a home or business in order to rob it, the charge itself hinges solely on either entering a place without permission, with the intent of committing another crime, or secretly remaining in a place without permission. You don’t have to steal anything to be convicted of burglary. Just being on a premises where you are not authorized to be is adequate to prosecute you under the statute. That said, since the charge includes the allegation that you intended to commit another crime, the state has a duty to prove that element. This can be harder than you think, and a good criminal defense attorney can help fight the burglary charges against you. Call attorney Matthew Reisig today at 732-625-9661 for a free consultation with an experienced New Jersey criminal defense attorney who defends burglary charges in…
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How Casino’s Help Lower Crime Along the Strip
Las Vegas is known as the Disneyland for adults, and what the city of Las Vegas wants is for tourists to have fun. The Chamber of Commerce encourages fun for everyone with very few consequences or risks throughout the city. Las Vegas is an upgraded tourist town with over 40 million tourists expected every year. Police and spokesmen for Caesars Entertainment, which owns 10 resorts in the tourist zone including Caesars Palace and Paris Las Vegas is concerned about crime rising along the Strip though statistics show that crime has been declining across the city for the past few years. Murder, rape, robbery and assault are what are considered violent crime, and in the tourist hub these numbers experienced an overall drop of 13 percent through the first part of 2013. Casinos are especially concerned about convention business because they help fill the gambling tables during the week. Weekends take care of themselves, but on February 23, a shooting occurred that sent gunshots from…
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How Can Burglary (N.J.S.A. 2C:18-2) Be A Domestic Violence Crime In New Jersey?
New Jersey’s domestic violence statutes are designed to add additional penalties to a number of crimes when the victim falls into a particular category, such as having been in an intimate relationship with the perpetrator, a family member, or other significant personal relationship. Burglary (N.J.S.A. 2C:18-2) is one of the included offenses, and alleges that a person entered into a place without permission, intending to commit another crime, or that they remained in a place without permission. How Does The Domestic Violence Charge Come Into Effect? It’s extremely common for romantic partners, following a breakup, to lose their cool and head back to their ex’s house to fight more, get their belongings without permission, or otherwise take actions that can cause them trouble. When you enter into another’s dwelling without permission and take or damage items, you can be charged with burglary. Any episode of domestic strife is emotional, and it’s…
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"ACLU settles lawsuit challenging post-9/11 detentions"
From Jurist: The case alleged that following the 9/11 terrorist attacks the US government implemented a discriminatory practice of imprisoning Muslim men based on race, religion and nationality in violation of theFourth Amendment [text]. Abdullah al-Kidd, a US citizen, was...
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Highlighting that most prisoners in Wisconsin now sent there for parole or probation violations
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To Be a Better Listener / To Ask for Advice Better
It’s been a long holiday season, and January’s been a busy time. I’m hoping to re-develop the blogging habit. And I find that I am much better at writing posts when I’m reading posts. Toward that end, I opened up the RSS app and caught back up on my favorite blogs, Simple Justice and Defending People. Scott Greenfield is as prolific as ever. He writes more blog posts before 8:00 a.m. than some people write all year. Mark Bennett is doing some sort of thing where he is numbering his blog posts. Two of their posts caught my attention. One post is about listening and the other is about asking for advice. To be in a helping profession, lawyers are pretty bad at both. Law school doesn’t help us in the listening department. After all, we are trained to spot issues, to separate wheat from chaff, and to separate the most pertinent components of the fact patterns from the fluff. Clients need us to have that skill. But clients often have other needs —…
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