Do you get time off for honesty? A Florida man may soon find out after his arrest. Meet 25-year-old Robert Phillips. He may just be the most honest drug dealer in the state... His most recent arrest sounded like it was custom made for the tv show COPS. While driving a stolen car, Robert had the bad fortune to narrowly avoid hitting another car. That car was being driven by an undercover police officer who immediately wanted Robert to stop. With other police cars giving chase with lights and sirens, Mr. Phillips did his best feeling and eluding. During the police chase, Robert eventually abandoned his car and ran into an art store. He also collided into an elderly patron, knocking her to the ground. The force of their collision caused him to drop a loaded semi-automatic handgun. As a convicted felon, this is a big no-no and resulted in additional charges as he was captured trying to exit the store from the back. A search incident to his arrest resulted in police…
Profession? "Drug dealer"! Arrested man gets points for honesty
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Cowboy Jacks In Hot Water For Possible Overserving
Cowboy Jacks in Plymouth could face serious penalties after police say the the bar’s patrons have been involved in numerous alcohol-related instances after they leave the establishment. Plymouth police have been asking individuals who were involved in an alcohol-related crime or hospitalization where they sipped their last drink in an effort to determine if any particular establishment may be overserving its patrons. Police uncovered that Cowboy Jacks was a name that came up quite frequently. According to the data: In the last year, of the 57 people who told Plymouth police where they had their last drink, 43 said it came at Cowboy Jacks. Of the 57 cases, 16 involved DUI arrests. Of those 16 individuals, 13 told police they took their last drink at Cowboy Jacks. The average BAC of DUI arrests from Cowboy Jacks was .172, more than double the legal limit. For other DUI arrests, the average BAC was .132. The Plymouth City Council said the bar could face significant…
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Formación y sustento del cuaderno de extradición: Unas breves reflexiones
Por: Alberto Huapaya OlivaresHemos asistido a un linchamiento mediático al Procurador, presentándolo como el responsable del fracaso de la extradición de MBLPero… ¿A quien compete formar el cuaderno de extradición?Conforme a la práctica judicial, quien forma el cuaderno de extradición es el órgano jurisdiccional, generalmente de oficio cuando es informado por Interpol sobre la ubicación y detención de una persona cuya búsqueda y/o captura internacional ha sido solicitada.El artículo 525.2, señala:“2. Para dar curso al procedimiento de extradición activa, el Juez de la Investigación Preparatoria o el Juez Penal, según el caso, de oficio o a solicitud de parte, y sin trámite alguno, deberá pronunciarse al respecto. La resolución de requerimiento de extradición activa deberá precisar los hechos objeto de imputación,…
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Justice for Claudia: “I will not allow even one more woman to be tortured in Mexico”
Claudia Medina Tamariz (c) Amnesty International By Mariano Machain, Amnesty International’s campaigner on Mexico I have seen Claudia Medina cry many times.
She cried when she told me about the torture, including sexual abuse, she suffered at the hands of Mexican marines in 2012. She also cried when she explained what it is like to live with federal charges pending over her head, accused of being a member of a criminal gang, facing the risk of being arrested again at any time. Then once more when she told me about how her children were suffering. But today is the first time I have seen her cry out of joy and relief. A judge has just dropped the last remaining charge against her, arguing that the sole piece of evidence –a report filed by the marines –is a lie.
The judge confirmed that after her arrest Claudia was tortured and sexually assaulted by marines in order to force her to incriminate herself and others in drug-related crimes. The…
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Debtor’s Prison for Misdemeanor Debts – Is City of Ferguson Making Money Off of Poor People?
Debtor’s prisons are not supposed to exist in the United States. You’re not supposed to be forced behind bars because you cannot pay a debt — that is the reason for federal bankruptcy laws, to help people in bad financial straits to work things out with their creditors and get a “fresh start.” Creditors can harass you by phone and ruin your credit rating, but they cannot throw you in jail if you stop paying your mortgage or if you fail to pay off your credit card charges. However, things are different here in America when it’s not consumer debts that are unpaid, but fines assessed based upon criminal laws or court rulings. People still go to jail today if they cannot find the cash to pay those fines. Like over in Missouri, where this practice is being challenged in a federal lawsuit. Ferguson Missouri Injustice: Debtor’s Prison for Folks Who Can’t Pay Their City Fines In Ferguson, Missouri, a federal complaint has been filed…
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Sketch Released of Man Being Pursued for Alleged Sexual Assault of Good Samaritan in Minnesota
On Tuesday evening, February 3, a Minnesota woman who is described in news reports as a “good Samaritan” was allegedly sexually assaulted and physically attacked by the man she pulled over to help along I-35 northbound near Esko, according to news reports at the Grand Forks Herald. The incident took place between 10 and 11 p.m. when the woman pulled off the interstate to help a man whose Ford F-150 truck was apparently broken down. According to the Carlton County Sheriff’s Office, the truck was a 2003 model with and extended cab and black “matte” paint, with low profile tires and large black matte color wheels. The woman was allegedly attacked when she stopped to help the man, who is described as a white male with a medium build, in his late 20’s or early 30’s, with brown hair and a short beard. At the time of the attack, he was wearing blue jeans, black work boots, and a black Carhartt hoodie. In an updated news report, authorities…
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Can You Appeal a Juvenile Reckless Driving Conviction?
Yes. In Virginia your first hearing for your case is held in the General District Court for adults or the Juvenile and Domestic Relations Court for people who are under the age of 18 at the time of the offense. That first hearing is a trial only with a judge. No matter what happens in that first hearing, you have the absolute right to appeal the case for what we call a trial de novo, which means you get a brand new trial in the Circuit Court. But what does that really mean? Essentially it means that you have an entirely new bite of the apple in Circuit Court. You get a do over. So, anything is possible in the Circuit Court appeal. That means that you could get a better result on appeal but it also, unfortunately, means that you can get a worse result. In other words, the Circuit Court judge could give more punishment than the Juvenile and Domestic Relations Court judge did. One important thing to remember about the appeal from…
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Obama Submits Draft of AUMF Against ISIS
Here is Obama's draft of the Authorization for Use of Military Force against ISIS. Here is the statement he released about it. It does not authorize combat troops on the ground on an "enduring" basis: [c] LIMITATIONS.— The... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Massachusetts Court Takes Up Cross-Racial Identifications
By Eric Pilch, Paralegal, Strategic LitigationToday's Innocence Blog features a post by guest blogger Eric Pilch, who works for the Innocence Project's Strategic Litigation Department, identifying promising test cases, evaluating case materials, and conducting research. The Massachusetts Supreme Judicial Court (SJC) has long been a leader in addressing the danger of eyewitness misidentification. This trend continued last Wednesday when the justices heard oral argument in Commonwealth vs. Elvin Bastaldo. The case provided an opportunity for the SJC to consider when and how trial judges should instruct jurors about the dangers of cross-racial and/or cross-ethnic eyewitness misidentification. Eyewitness misidentification is the single leading contributing cause of wrongful conviction, arising in 72 percent of the 325 wrongful convictions identified through post-conviction DNA testing. Among these cases, at least 42 percent involved a cross-race or cross-ethnic…
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Exoneree Dewey Bozella to Receive $7.5 Million in Settlement of Civil Suit
In an update to an earlier post, the New York Times is reporting that exoneree Dewey Bozella will receive $7.5 million from Dutchess County, New York, in settlement for the civil suit that he brought for his wrongful conviction. Bozella settled with the county on the eve of trial in January. Earlier reports about the settlement didn't disclose the amount. Bozella served 26 years in prison for the murder of an elderly woman before he was finally freed in 2009. The Innocence Project took on Bozella's case but later realized there was no evidence that could be submitted to DNA testing. Convinced of his innocence, the Innocence Project persuaded lawyers at Wilmer Hale to take up his case on a pro bono basis, and they were able to prove he was innocent of the crime by uncovering additional evidence that was never turned over to the defense. According to the Times, the Wilmer Hale lawyers also brought the civil suit on a pro bono basis, meaning Bozella will receive the…
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The Way It Works
http://www.azcentral.com/story/laurieroberts/2015/02/03/arizona-prison-teacher-rape/22813107/ Criminal Attorney Phoenix
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Homicide Charges in Las Vegas
Homicide Homicides are serious crimes, carrying the stiffest penalties imposed by the law. Consequences range from loss of reputation to being imprisoned for years. For some people, their lives are literally on the line. Homicide cases are classified according to varying degrees that range from 1st degree murder in which the killing is committed with malicious intent and forethought down to attempted murder in which one individual intended to cause the death of another. These cases are complex, and with so much at stake, having competent legal counsel is a must. It’s always best to go with an experienced criminal defense attorney who understands the gravity of these matters and is willing to fight for justice.
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Can You Divorce Online In San Antonio? (Almost)
Let me guess. You are super busy. You don’t want to waste precious time off finding a lawyer’s office. But, you really do need to get divorced. So, you are Googling around, looking to see if it just might be possible to get a divorce from home, online. The answer is, “almost”. At our Firm, you can get almost your entire divorce done at home, but, you do have to make one court appearance at the very end of the case. We call it a simple divorce, because it is pretty darn simple. First, you have to make sure you have a simple divorce. If you do, then, we simply send you a payment link and a request for some easy information. We write and file your petition and then with some additional info, we write your decree. In 61 days you have to leave the house and come meet us at court. There, we will get your divorce ordered. So, can you get divorced online? Not entirely, but you can file for divorce, and get all the paperwork done…
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BGer 5A_619/2014: Entscheid zur Anfechtung der Vaterschaft
Mit Entscheid vom 05.01.2015 (5A_619/2014) hat das Bundesgericht entschieden, dass die Vaterschaft des Beschwerdeführers nicht mehr aufgehoben werden kann, auch wenn ein DNS-Test beweist, dass das Kind nicht von ihm stammt: Die Klage des Beschwerdeführers war verspätet; binnen Jahresfrist ab Entdeckung des Irrtums muss geklagt werden – und spätestens fünf Jahre nach der Anerkennung. Dazu hielt das Bundesgericht u.a. folgendes fest: „Für den Beschwerdeführer als Anerkennenden beginnt die Klagefrist mit der Entdeckung des Irrtums über seine Vaterschaft im Sinne von Art. 260a Abs. 2 ZGB, d.h. im Zeitpunkt, in dem er erfährt, dass er nicht der Vater ist oder ein Dritter der Mutter um die Zeit der Empfängnis beigewohnt hat. Der Fristbeginn ist somit derselbe wie für die Anfechtung der Ehelichkeitsvermutung durch den Ehemann, so dass die Rechtsprechung zu Art. 256c Abs. 1 ZGB berücksichtigt werden kann. Der…
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Caldwell & Hewitt on Jury Selection and Racial Stereotyping
Harry M. Caldwell and Adrienne M Hewitt (Pepperdine University - School of Law and Pepperdine University - School of Law) have posted Shades of Guilt: Combating the Continuing Influence Upon Jury Selection of Racial Stereotyping in Post-Batson Trials (American Journal...
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New York Orders of Protection...cont
Protection orders may include children, other family members, roommates, or current romantic partners of the victim. This means the same no contact and stay away rules apply to the other listed individuals, even if the direct harm was to the victim. Some states allow pets to be protected by the same order, as abusers may harm pets to torment their victims. Some states include as part of the protection order visitation and custody for children of both the victim and abuser. These are generally temporary and can be modified by divorce or other future family court orders. Regardless of the fruits of that search, i.e, whether the police find drug, guns, etc, decisions have not been favorable to those who are barred from a particular criminal premises even if they are the owners. In fact, in a recent decision from October 20, 2009 in Kings County (Brooklyn) Supreme Court, a judge found that “the defendant has no standing to challenge the validity of the search warrant since…
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The First 2 Things you need to win back your Driver's License in Michigan
The first two legal considerations in any Michigan driver's license restoration appeal case are sometimes lost and/or overlooked in any examination of the subject. I write extensively about every facet of license appeals, and these issues are explicitly addressed in some of my articles, and of implicit concern in all. Anyone with even a little curiosity can dive in to my examinations and spend just about forever reading; I have over 272 license restoration articles (as of this writing), each about 3 or 4 pages long. End to end, that would be a book of more than 1000 pages. For all of that detail, I think it's time to write an article aimed at someone looking for some very basic information about winning back a Michigan driver's license, or clearing a Michigan "hold" on a person's record that prevents him or her from obtaining, or renewing a driver's license in another state. Very often, it is a close family member, friend or significant…
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Short Wins - the Restitution Edition
In this set of short wins, the one that I'd like to call attention to is United States v. Cuti. Restitution is not a sexy issue. It isn't as fun to read about as, say, a Brady fight, or a glaring evidentiary problem at a trial. But it's important. Restitution judgments can be massive and, frankly, too many lawyers, judges, and prosecutors phone it in around restitution. United States v. Cuti clarifies that what counts as restitution is not just any money that any person may have spent as a result of the criminal conduct at the heart of the case. If you've got a restitution issue coming up, give it a read. Nice stuff. To the victories! 1. United States v. Cuti.pdf, Second Circuit: Appellant was convicted of conspiracy to make false statements and securities fraud. His sentence included an award of restitution under the Victims and Witnesses Protection Act. The Second Circuit held that legal expenses incurred in connection with a civil arbitration…
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Final Update Crash on US91 at milepost 40
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: 02/12/2015 10:13 a.m. Please direct questions to the District Office *****Final Update***** On Thursday, February 12, 2015, at 5:57 a.m., the Idaho State Police investigated a single vehicle crash, northbound US91 at milepost 40, just north of Downey. Timothy L. Harris, 56, of Burley, was travelling southbound on US91 in a 1997 Volvo tractor pulling a box trailer when he drifted off the right shoulder. Harris lost control of the vehicle and overturned blocking the northbound lanes. Harris was wearing his seatbelt and was not injured. The lanes were blocked for approximately four hours. All lanes are now open. This crash is under investigation by the Idaho State Police. …
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Minnesota Supreme Court Upholds Implied Consent Law
The Minnesota Supreme Court upheld the state’s Implied Consent law on Wednesday, effectively saying that as long as the ends justify the means, bypassing forth amendment protections is perfectly acceptable. Implied Consent, the law at the center of the case, says that drivers must submit to field testing and a breathalyzer if they are suspected of driving under the influence, even if there is no warrant. Proponents of this law continue to champion driving as a privilege, and thus argue that citizens must acquiesce to the whims of law enforcement even without the presence of a warrant. They say things like “Well, if you’ve got nothing to hide, then why should it even matter?” and “Only guilty people would refuse,” but they are missing the larger picture. Our constitution protects us from unreasonable and warrantless searches, so no justification of your refusal should be needed. If the officer really wants to search you, and he has…
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