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: 02/13/2015 11:21 p.m. Please direct questions to the District Office On Friday, February, 13, 2015, at approximately 5:56 p.m., the Idaho State Police investigated a two-vehicle, injury crash at 450 West Road, 3 miles west of Jerome. Saul Zamora, 51, of Jerome, was eastbound on West Road in a John Deere tractor pulling a four-bale straw spreader. Ignacio Contreras, 40, of Jerome, was eastbound on West Road in a 1996 GMC Jimmy. Contreras was behind the tractor, and his vehicle hit the back of the straw spreader. Contreras was transported to St. Luke's Magic Valley by ground ambulance, and later transported to St. Alphonsus Regional Medical Center in Boise by air…
Injury crash at 450 West Road in Jerome county
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Fall Tugce: Tatverdächtiger bleibt in Untersuchungshaft
Die Strafverteidigung hat den Haftprüfungsantrag zurückgenommen. Nun muss das Gericht über die Eröffnung des Hauptverfahrens entscheiden. Im November 2014 kam...
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What is Snow Law in Ohio?
Let it snow! With the return of winter weather, we have received some questions about what constitutes an emergency and under what authority an emergency can be deemed to exist. We have also counseled clients who wanted to know what law would circumscribe their behavior during a significant weather event. Here is what we learned: A county sheriff may, pursuant to Ohio Revised Code sections 311.07 and 311.08, declare an emergency and temporarily close the state roads and municipal [Read the full post. . .]
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The Reasonableness of Reasonableness
In a post at Slate, my buddy Cristian Farias writes about Chief Justice John Roberts’ cute quip during oral argument in Rodriquez v. United States, and its significance in deciding this case questioning how long a traffic stop can be extended to wait for the drug dog to show and do as he’s told: The apparent confusion in the courtroom was useful in one respect: It illuminated the cluelessness of Chief Justice John Roberts when it comes to traffic stops. Addressing the lawyer who was representing Dennys Rodriguez, the petitioner in the case, Roberts said, “Usually, people have told me, when you’re stopped, the officer says, ‘License and registration.’ ” When the CJ makes a funny, everyone does the obligatory chuckle. And in fairness, it was cute, so why not? But Cristian’s point is that, while it was presented as a quip, it may have revealed the fact that Roberts’ experience with traffic stops may not be the same as…
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Valentine's Day Open Thread
From our heart to yours, Happy Valentine's Day. If you have a romantic event planned, feel free to share. If not, this is an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Forever Young
Greg Lukianoff’s group, FIRE, has fought for the free speech rights of students against those who would silence them, whether because the speech is too controversial, hurtful, uncomfortable or disagreeable. When asked by Michael Yaki, member of the United States Civil Rights Commission, why college students should be entitled to free speech, Greg replied: And if you’re saying that basically we should—that maybe below-graduate-level study should be ruled the same way high school students should be—I would disagree with you. One of them is the moral and philosophical underpinnings of the 26th Amendment. Essentially, we have decided in this country that 18-year-olds… that is considered the age for majority. We also send our 18-year-olds to war. Unless you’re actually also willing to make the argument that nobody below the age of, I don’t know, 22 should go to war, and we repealed the 26th Amendment, we’ve got a…
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Morris v. Alabama – Lesser Offense Instruction Wrongly Denied by Trial Court
While most criminal defense lawyers will argue to have a charge reduced or dismissed entirely before trial, sometimes that isn’t possible. In these situations, it may become necessary to argue for a jury instruction that includes an option for a lesser included offense. A lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. So for example, larceny is a lesser-included offense of robbery. Larceny involves taking of tangible property from another person with the intent to permanently deprive owner of said property. Robbery, meanwhile, requires all of those elements – plus the use of intimidation or force. The reason a defense attorney might ask for a lesser-included offense in the jury instruction is because courts have discretion to allow jurors to decide between a more serious crime or a lesser crime. The idea is jurors, given the option of convicting someone who is not fully…
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Just Between Us Cops
It was likely hard for Flower Mound, Texas, police sergeant Misty Hughes when she realized that professional courtesy wasn’t to be found in Lewisville. Misty Hughes was arrested just after midnight Sunday in the 200 block of Round Grove Road. According to the arrest affidavit, Hughes’ six-year-old son was in the front seat of the car at the time of her arrest. A 911 call came in about a car driving 77 miles per hour, hitting a retaining wall, and swerved in and out of its lane. In an effort to get ahead of a dangerous situation, officers cut their lunch short. While talking to his car, one officer saw the vehicle traveling southbound in the 2200 block of the I-35E service road, according to the affidavit. The Lewisville cops are clearly dedicated to safety and, apparently, the personification of their vehicles. According to the affidavit, when the officer approached the driver’s side window, Hughes had red, watery eyes, rapid, slurred speech and a strong odor…
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On Your Side Alert: Warning about fake sex predator email
2-14-15 Virginia: RICHMOND, VA (WWBT) - There is an alert for all parents. Cyber crooks are preying on your love and concern for your children. Criminals are sending fake emails that look like a warning about a child predator in the area, but it's really a fake. If you saw the warning you just may be fooled. It claims a sex offender may be in your area right now. Sounds scary -- but it's all
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FEDS TAKING HEALTH CARE FRAUD SERIOUSLY
With its ever growing involvement in the nation’s health care system, Heath care fraud investigations have become a growing priority for the federal government. Using sophisticated […]
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$7.5 million to Another Wrongly Convicted Man in NY
More Brady violations, injuries, and acknowledgements. Dewey Bozella spent 26 years in prison for murdering 92 year-old Emma Crasper. It was a brutal murder, one in which a jury's finding of guilt beyond a reasonable doubt ought to carry significant weight. Still, in 2009, having acknowledged that criminal conduct "simply does not get more repugnant nor abhorrent than this [murder]," New York State Justice James T. Rooney vacated Bozella's conviction based on the prosecution having withheld various items of Brady material. On February 10, 2015, the Dutchess County legislature approved the settlement of Bozella's subsequent civil suit for $7.5 million dollars. Good for Dewey, but it comes more than two decades late.The facts of the underlying criminal case are a bit lengthy to describe here. It is enough to say that the only evidence against the then 18 year-old Bozella was the testimony of two long-time criminals. These statements were contradicted by…
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Trust us, we're the government: Most DAs won't release lists of non-credible police officers
Kudos to Eric Dexhemier and Ciara O'Rourke at the Austin Statesman for undertaking an important investigation (Feb. 14) into police officer misconduct so severe that prosecutors can no longer use the offenders as witnesses in court cases. Unfortunately, their most important finding is that most such misconduct remains shrouded in official secrecy, veiled by dubious Attorney General opinions holding that the public cannot know which of their LEO employees are so discredited that prosecutors won't rely on their work. Their story opened:Hundreds of law enforcement officers across Texas have such checkered histories that prosecutors have vowed to refuse cases brought by them — or, at the least, feel legally compelled to inform defense attorneys that the officers’ histories of dishonesty may help their clients.But, for the most part, you can’t know who those cops are or what they did, even though an American-Statesman investigation found that they…
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King v Burwell: Understanding Chevron Deference
In King v Burwell, the Fourth Circuit rejected a challenge to the Affordable Care Act that argued that the law does not permit subsidies and tax credits on the federal exchange. It did so by invoking what is known as Chevron deference, after the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Woman charged with DUI manslaughter in 2013 Nassau County death
Nearly two years after a pedestrian was hit and killed in Nassau County, a woman has been charged with DUI manslaughter in connection with his death. The woman was arrested this month and charged with DUI manslaughter and leaving the scene of an accident causing death, according to a report in the Florida Times-Union. At the time of the crash, the driver fled the scene of the accident, but later drove back by while the investigation was ongoing, the newspaper report. Police stopped the vehicle then and were able to use it as evidence in the case, the newspaper reported. DUI Manslaughter is normally a second-degree felony, but because the driver is accused of leaving the scene of the accident, it can be charged as a first-degree felony. That increases her prison time exposure on this charge from 15 years to 30 years. The bottom end of the sentencing is also a serious problem for the defendant in this Nassau County DUI case. DUI Manslaughter charges have a minimum mandatory…
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Sobriety Eye Tests Under Fire in DUI Cases
Police officers swear the eyes never lie, at least when it comes to the horizontal gaze nystagmus exam. The test is routinely used by police officers who suspect a driver is drunk as part of the field sobriety exam. It involves having a suspect follow a small object, such as a pen, with their eyes as the officer slowly moves it horizontally in front of them. The suspect is asked to do so without moving his or her head. What the officer watches for is an involuntary jerking of the eyes, which is referred to as a nystagmus.
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Field Sobriety Tests in New Jersey DWI Stops
When police in New Jersey suspect someone of driving while intoxicated (DWI), they may ask them to take a field sobriety test (FST) before placing them under arrest. A person could “fail” FSTs for any number of reasons besides intoxication, such as injury, weather conditions, or even just standing on a slope. Challenging an officer’s administration of a test, which can significantly affect its outcome, can be extremely beneficial to a defendant’s case. As the first New Jersey lawyer qualified by the National Highway Traffic Safety Administration (NHTSA) to train law enforcement officers to administer FSTs, Evan Levow is in a unique position to assist defendants in DWI cases. Many people believe that “passing” the FST will allow them to avoid being arrested, but most of the time, police have already made that decision. They usually hope that FST results will provide additional probable cause for the arrest, or that they will serve as…
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210.00 Perjury and related offenses...cont
Perjury is considered a crime against justice, since lying under oath compromises the authority of courts, grand juries, governing bodies, and public officials. Other crimes against justice include Criminal Contempt of Court, Probation Violation, and tampering with evidence. Perjury has become a part of everyday vernacular in New York and throughout the United States. Whether you sign something under “Penalty of Perjury” or you watch Law and Order, Perjury pops up everywhere. So, instead of rushing out to a criminal defense attorney after you have been charged, the following is a “primer” on the law of Perjury. Under the New York Penal Law, a person is guilty of Perjury in the Third Degree when he swears falsely. Perjury in the Third Degree is a class A misdemeanor punishable by up to 1 year in jail. A person is guilty of Perjury in the Second Degree when he swears falsely and when his criminal false statement is (a) made in a subscribed written…
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First Amendment Relativists
In his parting shot as ombudsman for National Public Radio, Edward Schumacher-Matos raised quite a few eyebrows. When I joined NPR nearly four years ago, I discovered that many of my fellow ombudsmen refused to say “we” or “us” in referring to their news organization. This show of independence was commendable, but I wondered if it wasn’t also irrelevant, if not destructive—a small example of a fundamentalist mindset about news media ethics and related First Amendment freedoms. See that word in there, “fundamentalist”? It’s used as a pejorative word, a smear, of those who refuse to recognize that “free speech is not absolute.” That it is true that the First Amendment is not absolute is obvious and clear, but that’s not what they mean. Not be a long shot. We must remember this: Ethics change. And they are different in different democracies. Ethics are professional…
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Injury Crash Westbound SH58 @ Mile Post 2
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT One CASE # C15000365 --------------------- PRESS RELEASE ----------------------------- DATE: 02/15/15 TIME: 1:21 AM LOCATION: Westbound State Highway 58 at Mile Post 2 ASSISTING AGENCIES: Idaho Transportation Department VEHICLE #1 ------------- DRIVER Busby, Aaron J AGE 22 ADDRESS Spokane, WA INJURIES? YES HOSPITAL/LOCATION TAKEN Kootenai Health VEHICLE YEAR 2006 VEHICLE MAKE Volvo VEHICLE MODEL S60 WRECKER Claude's Body Shop SEATBELTS/HELMET WORN? Unknown…
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New and Improved
The lesson began when I bought my first car, a used 1969 VW Beetle. The guy I bought it from added what was then the hottest, coolest, most necessary thing a young man could want: an 8 track player. No longer was I a slave to Allison Steele, the nightbird. I could play whatever I liked, whenever I wanted. But 8 tracks sucked. Their fidelity was poor, and they broke up songs wherever they had to in order to make them fit the medium. It was some pretty weird stuff, but it was all there was. Within hours, cassettes were putting 8 tracks to death, but there I was, a Beetle with an 8 track player and a box of 8 tracks to play. Sure, I wanted to switch over to cassettes. Who wouldn’t? But that meant trashing what I had and buying new, starting over. That took money, which was a scarce resource then allocated for eating dinner. In the forty years since, I’ve seen a lot of newest, coolest things ever come and go. On the shelf in my den, there…
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