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"Court to rule on lethal-injection protocol"

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Lyle Denniston has this report at ScotusBlog, commenting on Friday's grants of certiorari: Because the Court did not rewrite the questions spelled out in the inmates’ petition, it may be assumed that it intends to review all of them. Paraphrased...

2015.27: Stalin is Smiling

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I don’t think I’d heard of Brad Spangler before today, when this popped up in my feed reader: The following message was posted on Facebook, allegedly from Brad Spangler, and I find it difficult to believe. If someone out there is trying to malign him or malign libertarianism through him, then it is a viciously sick joke. I’m suspending judgment until more is known, and I hope everyone else does the same. I am not providing the FB link because the commentary thread has been reduced to spewing hatred. The message (purportedly) from Brad Spangler: “…During a particularly bad period in 2004, I molested my young daughter. I did not do so forcibly, but the betrayal of trust and resulting potential emotional fallout for her has weighed heavily on my conscience ever since, to the point of doubting my sanity and refusing to believe I had, or even could have, done such a thing. “While I believe justice ought to be handled as a matter of restitution to…

Sunday Morning, When Facts Don’t Matter

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I admit it: I’m a sucker for a well-played French horn.  And I’ve been a fan of CBS’ Sunday Morning since Charles Kuralt held the reins. That his fellow Charles, the Osgood one, wears a bow tie is a bit dated, but still, the French horn intro is magnificent.  It’s very hard to blow a good French horn. But a segment yesterday morning was shockingly bad. Not because it took an ideological position with which I disagree, but because it was factually vapid.  The website write-up began with the discredited “According to the U.S. Justice Department, one in five college women will experience some kind of sexual assault while in school.”  Would it be too much to expect that a news organization like CBS be aware that these numbers, which don’t come from the DoJ, have been so thoroughly and utterly debunked that not even the most radical feminist organization will use them anymore? Apparently not. Perhaps the wording of…

Phyllis Joy Greenfield, 1931 – 2015

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Bye, Mom. ______________ I hope you will forgive me for not replying to each comment below, but thank you for your kind words and thoughts. Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. The use of this feed anywhere else violates copyright. If this content is not in your news reader, it means the page you are viewing infringes copyright. (Digital Fingerprint: 51981395c77d7762065ca2c084b63e47)

Can and should recent Rand report for Vermont inform all reform debates in all states?

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As highlighted in this prior post, earlier this month the RAND Drug Policy Research Center released this big policy/research report on marijuana reform titled "Considering Marijuana Legalization: Insights for Vermont and Other Jurisdictions." This report was produced in response to specific Vermont legislation and expressly "aims to inform the debate...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/x0u1cb5cjqk" height="1" width="1" alt=""/>

What Are The Different Types Of Bail Bonds?

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When you are arrested for OVI in Ohio, the police have the discretion to release you or to hold you in a local jail. If you are held in jail, you will be given the opportunity to post a bond.  The posting of a bond is often referred to as  “making bail” or “bailing out” of jail.  Why do you have to make bail?  The purpose of bail bonds are to ensure that the defendant appears for all scheduled [Read the full post. . .]

"The Impact of Marijuana Policies on Youth: Clinical, Research, and Legal Update"

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The title of this post is the title of this notable new report coming from the American Academy of Pediatrics. Here is its abstract: This technical report updates the 2004 American Academy of Pediatrics abstract technical report on the legalization of marijuana. Current epidemiology of marijuana use is presented, as...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/595tTcwEiS4" height="1" width="1" alt=""/>

Houston crime lab labeling errors led to dropped DWI charges

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More dysfunction at the Houston crime lab, where in Oct. 2013, before its transition from HPD to an independent entity, "A lack of attention by both the analyst and the analyst's supervisor allowed [a] report containing inaccurate information from the submitting officer to be reported to the District Attorney's office," according to a December report by the city's inspector general's office and a soon-to-be-released investigation by the Texas Forensic Science Commission. Anita Hassan at the Houston Chronicle reported (Jan. 23) over the weekend on an investigation by the Forensic Science Commission, whose investigative report on the topic was openly line-edited at their meeting on Friday. In this episode, "Miscues by Houston police and crime lab employees led to the wrong blood being tested in a 2013 drunken driving case where charges were eventually dropped against one suspect, according to results from two separate investigations released…

Wilkes on Habeas in Georgia

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Donald E., Jr. Wilkes (University of Georgia Law School) has posted The Great Writ Hit: The Curtailment of Habeas Corpus in Georgia Since 1967 (7 John Marshall L.J. 415 (2014)) on SSRN. Here is the abstract: A welcome development, the...

High-profile capital trials put spotlight on dynamics of death-qualification of jurors

U.S. Attorney’s Office Says Second Circuit Got it Wrong in Newman

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The U.S. Attorney’s Office for the Southern District of New York has decided to challenge the Second Circuit’s recent decision in U.S. v. Newman leading to the dismissal of insider trading charges against Todd Newman and Anthony Chiasson. Late Friday, prosecutors filed a motion asking the Newman panel to reconsider the case or for en banc review. Newman narrowed the scope of tippee liability for insider trading by requiring the government prove a defendant knew that the tipper provided the information in exchange for a personal benefit. At the same time, the Court of Appeals tightened the definition of a personal benefit, undermining cases where the government had relied on evidence of mere friendship or the exchange of career advice as proof the tipper provided information to the tippee illegally. Notably, the government has chosen not to challenge directly the Second Circuit's ruling that to establish tippee liability the government must prove "the…

Former S&P Employee Barbara Duka Wants to File TRO to Halt SEC Case

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As we reported recently, former Standard & Poor’s employee Barbara Duka had sought to stave off SEC administrative charges by seeking an injunction in the Southern District of New York on the ground that the SEC’s administrative law judge regime is unconstitutional. But shortly after she filed her complaint, the SEC went ahead and brought its case. Having failed to prevent the SEC  from filing administrative securities fraud charges against her, Duka has asked Judge Richard M. Berman for permission to seek emergency relief “restraining and enjoining the SEC from continuing and prosecuting the [administrative case] during the pendency of this...

Shouldn't true fiscal conservatives question a federal program with 600% recent spending growth?

The SCOTUS culture of death: "Execution Case Highlights the Power of One Vote"

Re-Homing of a Child – Louisiana Law

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    Re-Homing of a Child — La. R.S. 14:46.4   This law was enacted during the 2014 legislative session. The statute may be found here.   Re-homing of a child is any one of the following: (1) A transaction, or any action taken to facilitate such transaction, through electronic means or otherwise by a parent or any individual or entity with custody of a child who intends to avoid or divest himself of permanent parental responsibility by placing the child in the physical custody of a nonrelative, without court approval, unless Subsection B of this Section applies. Actions include but are not limited to transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining a child for such transaction. (2) The selling, transferring, or arranging for the sale or transfer of a minor child to another person or entity for money or any thing of value or to receive such minor child for such payments or thing of value. (3) Assisting, aiding,…

Ex-Dodgers Pitcher Ted Lilly Accused of Insurance Fraud in State Court

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Ted Lilly in 2011. (Allen J. Schaben / Los Angeles Times)Insurance fraud charges can hit a wide range of people. The Los Angeles Times reports that former Dodgers starting pitcher Ted Lilly, who retired in 2013, has been charged with three state felonies for allegedly filing a false insurance claim relating to an RV vehicle. He has been charged in San Luis Obispo County.The California Department of Insurance alleges Lilly's RV was damaged before he purchased insurance on the vehicle and made a claim afterwards.Authorities said Lilly sought an estimate for the damage from a body shop on March 19. The estimate, which was for $4,600, was then filed into an insurance database. Lilly then bought an insurance policy from Progressive five days later and claimed the damage on March 28, authorities said.Lilly has been charged by the San Luis Obispo County district attorney's office with 3 counts: (1) filing a false insurance claim, (2) filing a false statement in …

Computers, Child Pornography and Forfeiture

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Federal authorities indicted Justin Paul Gladding on two countsrelated to his possession of child pornography: Count 1: Receipt or Distribution of a Visual Depiction of a Minor Engaged in Sexually Explicit Conduct in violation of 18 U.S. Code §2252(a)(2); and Count 2: Possession of One or More Matters Containing VisualDepiction of Minors Engaged in Sexually Explicit Conduct in violationof 18 U.S. Code § 2252(a)(4)(B). The indictment included allegations that Gladding's electronic storage devices, including three computers and other hard drives, were subject to forfeiture under 18 U.S. Code § 2253 because they contained child pornography.U.S. v. Gladding, 2014 WL 7399113 (U.S. Court of Appeals for the 9th Circuit 2014). Gladding pled guilty to Count One of the indictment and did not dispute that his electronic storage devices were forfeit, but he asked the government to return copies of certain noncontraband computer files on those…

Back-to-back Drunk Driving Incidents in Dallas

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The age-old adage about everything being bigger in Texas isn’t far from the truth when it comes to the number of drunk drivers in the state. In 2013, Texas led the nation in regards to the number of deaths caused by drunk drivers that year, with 1,337 alcohol-related traffic fatalities. And in Dallas, the number of drivers who get behind the wheel while intoxicated appears to be on the rise – in January of 2015, two out-of-the-ordinary incidents occurs, both of which involved drunk drivers. Police Car Hit During Drunk Driving Arrest On the morning of January 25, 2015, police officers in Grand Prairie – a suburb of Dallas – were in the middle of arresting a drunk driver when another, unrelated drunk driver, hit an unoccupied squad car. Shockingly, a third driver then also crashed into a second squad car, although the third driver wasn’t intoxicated, according to police. The incident occurred at approximately 3:00 a.m. on Sunday morning. Lyle…

Advance Fee Loan Scams Lead to Prison

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Mortgage Fraud Blog. Michael Pitamber Ramdat, 30, Palm Bay, Florida, was sentenced to 21 months in prison and ordered to pay restitution for a fraud scheme he perpetrated against business owners and others seeking lines of credit around the nation. Ramdat pleaded guilty on June 11, 2014. According to the Plea Agreement, Ramdat and his partner, Leigh Farrington Fiske, operated a business referred to as “Corporate Funding Solutions.” The purported purpose of this business was to obtain credit lines for customers in exchange for a fee. Ramdat’s role was to vouch for the legitimacy of the business with victims recruited by Fiske, and to provide “customer service” by giving excuses to the victims. In reality, neither Fiske nor Ramdat ever intended to provide any services to their customers. Instead, they accepted approximately $433,000 from approximately 30 victims and never helped any of these victims obtain credit. Ramdat admitted that he kept over…

Former NFL Player Jailed for Running Loan Modification Scheme

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Mortgage Fraud Blog. Jeffrey Charles Leroy Taylor, 40, Fort Lauderdale, Florida, resident was sentenced by U.S. District Judge Kenneth Marra to 36 months in prison, to be followed by two years of supervised release and was ordered to pay $350,470.00 in restitution, for his role in managing a loan modification scheme. The defendant previously pled guilty to charges of conspiracy to commit mail fraud and wire fraud, and mail fraud. According to the indictment and other documents filed in the case, between September 2008 and August 2009, the defendants operated boiler rooms that collected advance fees from distressed homeowners purportedly in exchange for obtaining loan modifications for the homeowners which were, with few exceptions, never provided.  All ten defendants charged in this case have pled guilty to the charges, which involved a scheme to bilk thousands of homeowners who were struggling to make their mortgage payments. Taylor’s co-defendants received…
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