IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 01/23/15 9:00 pm Please direct questions to the District Office **Final Update** The road is back open at this time **end of update** **Update** On Thursday, January 23, 2015, at approximately 5:20 pm the Idaho State Police investigated a vehicle verses train crash at Dekay Road and Tyhee Road in Pocatello. Chase Fernandez, 23, of Pocatello, was eastbound on Tyhee Road in a 1993 Chevrolet Blazer, and stopped at the rail crossing. A Union Pacific train was traveling northbound; Fernandez failed to yield to the train. The train struck the rear passenger side of Fernandez's vehicle. Fernandez was wearing a seatbelt and was not injured. The road is still blocked at this…
Final Update-Vehicle Verses Train Crash in Pocatello
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The Underpolicing of Black America
Jill Leovy has this essay in the WSJ:In predominantly African-American neighborhoods of U.S. cities, far too many killers have gotten away with far too many crimes for far too long, fueling a disastrous murder epidemic. Solving these murders and other serious crimes of violence in black communities should be a top goal for law enforcement--and it deserves to take priority over much more widely discussed issues such as racial profiling and the excessive use of force by police in black neighborhoods, from Ferguson to Staten Island.* …
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Lessons for Every Lawyer from My Cousin Vinny
Click on cover to go to Amazon page In honor of Bill Belichick’s reference to My Cousin Vinny in his notable press conference today about deflated balls, I’m re-posting my article on what the movie teaches us about the law. My Cousin Vinny is also listed as one of our top 10 legal films for writers in my nonfiction book, co-authored with Colleen Collins, A Lawyer’s Primer for Writers: From Crimes to Courtrooms. We’re Not Talking Courtroom Etiquette The film My Cousin Vinny, released in 1992, starred Joe Pesci, Marisa Tomei and Fred Gwynne. It’s a humorous courtroom drama about rough-around-the-edges New York lawyer Vincent LaGuardia “Vinny” Gambini (played by Pesci), fresh out of law school, who’s asked by his nephew and his nephew’s friend to save them from wrongful murder charges in a “redneck” Alabama court system. Vinny, whose law license is still wet with ink, gives one of the pithiest,…
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South Florida Ex-Convict Faces Federal Weapons Charges
Michael Paul Watkins of Inverness had successfully escaped from custody previously on two separate occasions after being convicted for the crime of fondling and handling a minor under the age of sixteen years in Florida State Court. He was arrested in October 2011 on a charge of domestic battery. Details of that arrest record are exempt from public information as per Florida statute. Late last year, the Citrus County Sheriff’s Office received information from local Wal-Mart employees that an individual who was later identified as an employee of Cool Aid Heating and Air Conditioning was purchasing a questionably large amount of firearms from the outlet during the course of a short period of time. The air conditioning company was one of two businesses owned by Watkins. The purchases included various types of guns including AR-15 rifles. The law enforcement agency also received an anonymous tip that Watkins was obtaining and stockpiling firearms, grenades (explosive…
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Widespread Abuse: Police Seize Cash From Motorists
When you're pulled over by a police officer, you should reasonably expect a few things to happen: they will probably ask for your license and registration and they may even ask you to step out of your vehicle for further questioning. You should not expect the law enforcement officers to seize your cash, especially when you're not charged with a crime. All over the country, law enforcement officers from thousands of departments are regularly seizing cash from motorists they pull over -- and it's a federal government program that's allowing them to do so. As our Palm Beach and Broward County criminal defense lawyers know, in the last 13 years, over $2.5 billion has been taken away from people who were never charged with a crime; most of that money, which was taken from innocent motorists, was spread out among state-level law enforcement agencies for their own use.
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The Core Mission of a Traffic Stop
At Volokh Conspiracy, Orin Kerr discusses oral argument in the Rodriguez case, which apparently departed from its stated issue (how long after the completion of a traffic stop may a person be detained for the purpose of conducting a dog sniff). Both Orin and I agreed that the only doctrinal answer was that upon completion of the traffic stop, there was no constitutional basis to continue to detain a person, and no further detention, even de minimis, could be permitted. The notable aspect of the argument is that the Justices were more interested in the broad issue of how long traffic stops can last than the narrow question raised in the cert petition. I read the cert petition as raising a pretty specific question: When a traffic stop is over, can the government extend the stop for a dog sniff, and if so, for how long? The narrow cert grant posed a bit of a problem because the Supreme Court has said little about how long traffic stops can extend generally. Without a theory…
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CEO Arrested on 33 Felony Counts of Lewd Acts and Child Pornography
Qayed Murtaza Shareef, 39, an Orange County CEO is suspected of using a social messaging application to convince two boys to trade explicit photos and videos with him is being held on $2 million bail. Shareef, of Aliso Viejo, faces 33 felony counts, including over 20 counts of lewd or lascivious acts with a minor, possessing child pornography and sending harmful matter to a minor with the intent of seduction. Shareef, founded Adaptive Media, a Irvine-based digital advertising company. He pleaded not guilty to the charges at a Friday arraignment. Authorities allege that between Christmas day and Dec. 29 in 2013, Shareef used an online messaging application called Tango and contacted a 10-year-old boy and a 9-year-old boy who lived in Virginia. Using a fake name, Shareef is alleged to have convinced the two boys to "commit sex acts on each other." Further, authorities allege Shareef asked the boys to record their sexual acts and email them to him. Prosecutors say…
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Not In My Court, They Don’t
The video of oral argument before the 9th Circuit in Baca v. Adams is making the rounds, and it certainly worth watching for anyone interested in lying prosecutors and what happens to them. Sidney Powell provides the story at the New York Observer. In this case, the prosecution infected the case with false testimony–including by a prosecutor himself–over benefits given to a “cooperator” or a jailhouse “snitch.” The entire program of “cooperation” is rife with problems. Prosecutors often put extraordinary pressure on the worst criminals, threatening not only them but their families. After completely terrifying the person who knows he will go to prison no matter what (because he really is guilty), the prosecutor then offers life-saving benefits, often secretly, in exchange for testimony against many less culpable “targets” of the government’s investigation. Deputy District Attorney Robert Spira, who…
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Grand Theft Vino
Kerana Todorov reports for the Napa Valley Register:Investigators have recovered the bulk of the premium wine bottles stolen from The French Laundry on Christmas Day, according to the Napa County Sheriff's Office. No arrests have been made.* * *The wine, with an estimated retail value of about $300,000, was reported missing Dec. 26 after an employee discovered someone had broken into the famed Yountville Michelin-starred restaurant. The suspect - or suspects - broke into the building sometime after 2 p.m. on Christmas Day,…
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Is reticence of Nueces prosecutors to disclose evidence of institutional failure?
Grits had missed a story from earlier this month about the Nueces County DA allegedly withholding evidence in criminal cases. Reported the Corpus Christi Caller Times (Jan. 7): The Nueces County District Attorney’s Office has shown a pattern of turning over evidence at the last minute and sometimes withholding it all together, defense attorneys testified Wednesday.Attorneys for Trinity Ringelstein, who is serving a life sentence, argued prosecutors waited until the week before his capital murder trial to give them tapes containing more than 72 hours of phone conversations he had while in the Nueces County Jail.Ringelstein was first arrested in 2012 on suspicion of fatally shooting Micah Seth Horn, 23, near a park in the 1000 block of Harbor Lights Drive. After a three-week trial, Ringelstein was convicted and sentenced to life in prison last year.The law requires prosecutors to hand over evidence in a timely manner.During the daylong hearing his attorneys sought…
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DUI 1st Offense in Michgan - Not the end of your World
As a Michigan DUI and driver's license restoration lawyer, I handle the whole gamut of drunk driving and driver's license related work, from 1st, 2nd and 3rd (felony) drinking and driving offenses, to restoring driver's licenses for people after those 2nd and 3rd offenses. The name of my site, www.macombduidefense.com is a big a clue regarding my day job. Of all the people that I encounter, however, probably the most emotional and nervous are those facing a 1st DUI offense. Most of the time, these clients present as people who have never been in trouble before, and now they have to hire a lawyer and go to court for what is, at its core, a criminal charge. My practice is unique in that I generally work a more cerebral, educated and genteel client base. My clients are usually people with more at stake - meaning more to lose - than the average person. Many of my clients have professional licenses, good jobs, and a high degree of accountability and…
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Class Action Lawsuit Continues Against Family Court Judges
A group of fathers in New Jersey have banded together to bring a class action lawsuit against five family court judges. They allege their constitutional rights were violated by orders made by these judges that deprived them of a relationship with their children. They also claim they were not afforded due process or equal protection under the law. Their main argument is that by basing custody decisions on the “best interests of the child” their rights are violated. They also allege that lack of appropriate notice before a court order is made regarding their children is a breach of due process. Due process, also called “natural justice”, is the right to have an unbiased hearing with an opportunity to present your evidence in defence to the claim against you. Surender Malhan is one of the fathers in the class action. He alleges that the mother of his two children provided him with two hours notice she would be seeking sole custody of the children. He was…
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Slick Conditions NB I15 Between Fort Hall and Blackfoot
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 01/24/2015 10:00 a.m. Please direct questions to the District Office Idaho State Police is currently investigating numerous crashes on I15 in between Fort Hall and Blackfoot. Motorists are to use extreme caution when driving through the area because of ice on the road due to freezing fog. ln / do -------------
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Another remarkable exoneration thanks only to NC Innocence Inquiry Commission
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How Long Will it Take for My Chapter 7 Bankruptcy Case to Finish?
Across the great state of Georgia, many families, businesses, and individuals have been experiencing tough financial times due to the ongoing economic recession. Our office receives daily calls from Georgians who are interested in filing for bankruptcy as a way to alleviate their debt and start over with a clean financial slate. One of the most frequently asked questions we receive is: “How long will a Chapter 7 bankruptcy take from beginning to end?” While each bankruptcy case is different, a normal Chapter 7 case with no complications or underlying issues should take about four to six months. (But remember, case-specific complexities can lengthen the processing time greatly). Read on for more information about the Chapter 7 bankruptcy timeframes. First Things First: What is a Chapter 7 Bankruptcy? Chapter 7 bankruptcy allows an individual or married couple (called “the debtor”) to wipe out certain types of debt such as medical…
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Plan to add human traffickers to sex offender list advances
1-24-2015 South Dakota: PIERRE — A proposal that would require convicted human traffickers to register as sex offenders would help fight a dangerous threat to the state, Attorney General Marty Jackley told a Senate committee on Thursday shortly before the panel passed the measure. The state Senate Judiciary Committee voted to send the proposal to the chamber’s floor. Jackley said that human
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Money Laundering in New York
Money laundering statutes make it a crime to transfer money derived from almost any criminal activity (including organized crime, white-collar offenses, and drug transactions) into seemingly legitimate channels, in an attempt to disguise the origin of the funds. Money laundering occurs whenever a person attempts to conceal the source, destination, or identity of illegally obtained or acquired money. Money laundering is criminalized under both state and federal laws. Money laundering applies when a person attempts to conceal illegally obtained funds, but it doesn't include merely spending money. If, for example, you make $1,000 selling stolen goods and then go out and buy something, you have not laundered any money. Though you have committed the crime of dealing in stolen goods, to be convicted of money laundering you'd need to try to conceal or disguise where the money originated, or otherwise disguise it. The Supreme Court has ruled that in order to prove federal…
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Officer DS's memo book were marked for identification
The first questions for you to determine are whether the condition of the bus steps at the point where plaintiff fell were such that the common carrier, through its employer, the bus driver, should have reasonably anticipated unusual danger to passengers from its continued use, and, secondly, whether the common carrier, through its bus driver, knew or, in the exercise of reasonable care, should have known of the condition. In urging reversal of the jury's verdict in favor of defendant, plaintiff contends that the redaction of the observations of the bus steps by the police officer and the dispatcher, made in the regular course of business, was erroneous and prejudicial to plaintiff. She also argues that the court improperly charged that before the jury could find negligence on the part of the defendant, it first had to determine that the steps were unusually dangerous. Some of the pages of Officer DS's memo book were marked for identification and read to the jury. In…
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FEDERAL WIRE AND MAIL FRAUD CHARGES USED TO BEEF UP INDICTMENTS
Federal prosecutors often use charges of mail fraud and wire fraud to add onto indictments alleging other complex, substantive crimes. This devious strategy is often used […]
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Injury Crash On Interstate 15 Near Fort Hall
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 1/24/2015 4:30 p.m. Please direct questions to the District Office On Saturday, January 24, 2015, at 6:38 a.m., the Idaho State Police investigated a one vehicle rollover crash with injuries on Interstate 15 at milepost 79.8, near the Fort Hall exit in Bannock County. Mitsue C. Stanfield, 21 of Idaho Falls, was driving a 1999 Toyota Corolla north on Interstate 15 when she lost control of the vehicle. The vehicle left the roadway off the left shoulder, traveled through the median and rolled before coming to rest on its top. Stanfield and her passenger, Janis P. Stanfield, 20 of Idaho Falls, were both wearing seatbelts and were transported by ambulance to Portneuf Medical…
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