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CPLR §2221 and 4404(a) ...cont

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A Bronx Personal Injury Lawyer said that, it is undisputed that plaintiff commenced having seizures which she testified never occurred before the incident involving the altercation between the two students at the school where she worked as a psychologist. Zimmerman also sought treatment at Westchester Medical Center and later commenced treatment with a neurologist to relieve her seizures. Later, because her seizures continued, she consulted with the doctor, at Columbia University, as a result of developing gastrointestinal problems attributable to medications to control her seizures which caused further complications regarding her ongoing seizures. The issue in this case is whether defendant’s motion, pursuant to CPLR §2221 and 4404(a) to set aside the verdict and remand this action for a new trial on liability and damages should be granted. Here, defendant refers this Court to several cases which allegedly support its contention that plaintiffs' complaint be…

Stein on Evidence Theory

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Alex Stein (Yeshiva University - Benjamin N. Cardozo School of Law) has posted The New Doctrinalism: Implications for Evidence Theory (University of Pennsylvania Law Review, Vol. 163, 2015) on SSRN. Here is the abstract: This Essay revisits and refines the...

Criminal Possession of a Weapon in the Third Degree

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Under the New York Penal Law, a person is guilty of criminal possession of a weapon in the third degree when: (1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or (2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or (3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or (5) (i) Such person possesses three or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five…

Shoplifting and Theft Defenses

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Arrested for shoplifting?  What do you do if you didn’t mean to steal?   Please click to play the audio: http://www.joedane.com/wp-content/uploads/2015/02/Shoplifting-and-theft-defense.mp3  Transcript:   Hi – This is Orange County Defense attorney Joe Dane. I’ve posted many articles, podcasts and videos about theft and shoplifting allegations, but today, I’m going to talk specifically about defenses to shoplifting charges. First, all theft crimes require a specific intent. By that, I mean that the prosecution must prove that you had a certain specific intent at the time you took the property. They must be able to prove beyond a reasonable doubt that you intended to steal the merchandise. That leads me to a first possible defense – accident. Things happen. Your kids distract you…. you’re on your cell phone… you’ve got your arms full of items you’re considering – some you want, some to…

ILLINOIS ENACTS NEW LAW TO PREVENT "REVENGE PORN"

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Before the modern digital era, jilted lovers would exact revenge on their unhappy exes by mailing those compromising photos. Once the photos or negatives were destroyed, however, the images were gone. End of problem. But in these times, things are not so simple. Photos taken by cellphone during an unguarded moment may be impossible to eradicate. And transmitting a damaging image has never been so simple. As a result, Illinois has enacted a law to ban the dissemination of private sexual images without the subject’s consent. Starting June 1, 2015, it is a Class 4 felony punishable by 1 to 3 years to intentionally disseminate an image of another who 1) is at least 18, 2) engaged in a sexual act or where intimate parts are exposed and 3) is identifiable from the image or information with the image. If you are charged with this offense, contact an experienced criminal law attorney immediately. An attorney can review your situation to determine your best possible…

ILLINOIS GETS NEW EAVESDROPPING LAW

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After the former law was struck down as unconstitutionally broad, Illinois has enacted a new eavesdropping statute. Under the new law, it is illegal to use an eavesdropping device to record private conversations unless all parties consent. (See Illinois Eavesdropping Statute.) A private conversation is defined as oral communication between two or more parties, whether in person or through wire or other means, and where one or more of the parties intended the communication to be private under circumstances reasonably justifying that expectation. A person commits the crime of eavesdropping when he or she knowingly or intentionally uses an eavesdropping device to surreptitiously overhear, transmit or record a conversation to which he or she is not a party unless all parties to the private communication consent. It is also illegal to disclose any information obtained through that eavesdropping. Police are not permitted to eavesdrop without a court order unless they were…

Invasion of Privacy

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The father of a 10-year-old-boy who was secretly videotaped while using a bathroom at a television news station has filed an invasion of privacy lawsuit against the station.  The boy was videotaped  multiple times, and his genitals were visible in …The post Invasion of Privacy appeared first on Personal Injury Attorney CO | Colorado Springs Lawyers.

Bonner on Brady, Contempt, and the Forensic Trifecta

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Mark H Bonner (Ave Maria School of Law) has posted The Inquisition by Special Prosecutor in United States V. Senator Ted Stevens: Of Brady, Contempt, and the Forensic Trifecta (51 No. 1 Criminal Law Bulletin Art 2, Winter 2015, Forthcoming)...

California AG expresses openness to full legalization

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As reported in this local article, headlined "Kamala Harris not opposed to legalizing marijuana," the top law enforcement offices in the largest US state is expressing an openness to the idea of full marijuana legalization. Here are the details: California Attorney General Kamala Harris, the state’s top cop and Democratic...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/8r7WwgB_2eg" height="1" width="1" alt=""/>

FBI Announces San Diego DMV Hearing Officer Pleads Guilty to Bribery in Federal Court, part 3- How to Win DMV APS Hearings Fair and Square

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This is the third blog post on the former DMV Driver Safety Officer that plead guilty to bribery charges on February 3, 2015.  Ms. Benavidez resigned from her position in December of 2014 after the FBI raided her home and office.  Ms. Benavidez, as part of her guilty plea, admitted to inappropriately issuing temporary driver's licenses, granting suspension set asides when not warranted, and disposing of DUI driver files before they could be entered into the DMV computer system. The first part of the blog series touched the effect of the license suspension on DUI defendants and the FBI press release.  The second on the environment in which the DMV driver license suspensions occur- they are in a small room with just the hearing officer, a recording system, the driver's attorney and their witnesses. In this blog post, I will discuss how to win at the DMV APS hearing.  It is not easy for all the reasons listed in the previous post- the standard is low…

McAdams, Dharmapala & Garoupa on The Law of Police

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Richard H. McAdams , Dhammika Dharmapala and Nuno M. Garoupa (University of Chicago Law School , University of Chicago Law School and University of Illinois College of Law) have posted The Law of Police (University of Chicago Law Review, Vol....

Hemet Man Displays ‘Child Molester Danger’ Sign To Warn Residents Of Neighbor

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Clearly the police are not attuned to "harassment laws." Lets assume I erect a pole in my backyard with a spotlight on it directed into the neighbors bedroom; would I be harassing them or just lighting up my backyard? Harassment comes in many forms and not always based on the truth or falsehood of a statement. Wakeup police! 2-19-15 California: A homeowner has displayed two bright green

Head-on crash near Meridian blocked traffic on I-84

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 02/19/15 8:00 p.m. Please direct questions to the District Office On February 19, 2015 at approximately 3:45 p.m., the Idaho State Police investigated a non-injury crash eastbound Interstate 84 at 44.5, just east of the Meridian Road overpass. At 3:41 p.m., ISP received a report that a red van was failing to maintain lanes driving eastbound on I-84 at Ten Mile Road. Shortly after, they received a separate report of a head-on crash on I-84 near the Meridian exit. The driver of the red Ford Windstar van, Sadie Croghan, 21, of Kuna, was travelling eastbound when she fell asleep. She drove off the shoulder, lost control, came back onto the roadway, and began driving…

**Correction** Head-on crash near Meridian blocked traffic on I-84

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 02/19/15 8:00 p.m. Please direct questions to the District Office **Correction** When Croghan's vehicle reentered eastbound lanes, she drove westbound into the inside left lane where she struck the silver van. LL / SA **End of Update** On February 19, 2015 at approximately 3:45 p.m., the Idaho State Police investigated a non-injury crash eastbound Interstate 84 at 44.5, just east of the Meridian Road overpass. At 3:41 p.m., ISP received a report that a red van was failing to maintain lanes driving eastbound on I-84 at Ten Mile Road. Shortly after, they received a separate report of a head-on crash on I-84 near the Meridian exit. The driver of the red Ford Windstar…

January 12, 2017 - By Means Unknown

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Peter Copas died on September 10, 1997. He was in prison. He'd been moved into the cell of one James Galen Hanna, who didn't want him there. Copas was, Hanna said, a pain Get him out of here, Hanna said. Before that could happen, Hanna stabbed him and smashed his head in.For killing Copas, Hanna was sentenced to be killed himself. Let the punishment fit be the crime.Life for life, Eye for eye, tooth for tooth, hand for hand, foot for foot, Burning for burning, wound for wound, stripe for stripeExodus 21: 23-25.Of course, we don't do that - except for life. Sixteen months ago, October 22, 2103, Hanna's case having worked its way through the legal system, the Warren County prosecutor asked the Ohio Supremes to set an execution date. Of course, we had a backlog. And then they fucked up the murder of Dennis McGuire. And Oklahoma botched the killing of Clayton Lockett. And Arizona mangled Joseph Wood's.And so none of the folks scheduled to be killed…

DUI puts a Non-Criminal in a Criminal Situation

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Sometimes, when I tell someone that I am a DUI lawyer, they'll ask me what it's like to deal with criminals. I will then go on to clarify for the other party that while drinking and driving charges are, in fact, criminal charges, my clients are not, in any sense of the word, "criminals." If you take the time to read any of my other DUI blog articles, or you poke around my website, you'll quickly learn that I am candid without being crude, and direct, while simultaneously delicate. Accordingly, I cringe at what people sometimes say, but then go on to explain that although my DUI clients are, in fact, dealing with a "criminal" offense, they are decidedly non-criminals. I have long said that the litmus test by which I operate is to only take a case for someone with whom I wouldn't mind having lunch. In other words, I really only want to work with people that wouldn't make me uncomfortable across a dining table. While I believe…

Azerbaijan: Brutal Crackdown Against Journalists Continues

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By Nic Carter, Amnesty International USA Over the last year, Azerbaijan has imprisoned dozens of journalists, human rights advocates, bloggers, lawyers, and academics who have criticized the regime. Ilham Aliev’s repressive petro-state has brazenly stepped up its harassment of journalists amidst international criticism. In December, the Aliev regime struck a terrible blow against the freedom of the press by arresting the country’s best-known investigative journalist, Khadija Ismayilova, on fabricated charges. Her pre-trial detention, due to expire on February 5, has been extended for a further two months. Recently, new charges have been brought against her, including embezzlement, illegal entrepreneurship, abuse of power, and tax evasion. She faces 12 years in prison if convicted. Her case has rightfully received a lot of attention. Yet she is only one of an estimated 98 political prisoners in Azerbaijan, of which around a dozen are journalists. Profiled here…

Las Vegas Hit and Run Attorney

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Hit and Run With a hit-and-run, the victim and the accused may require legal advice. The circumstances may be complicated, and it may require years to fully recover. That’s why both may need competent legal representation. For the victim of a hit-and-run, the focus must be on their recovery. Usually they have serious physical injuries that require extensive medical care. In addition, they may be faced with the inability to return to work, which only adds to financial woes. A good attorney can help them fight for the compensation they deserve. The person accused of a hit-and-run may require criminal defense to deal with the pending charges. An experienced attorney can mount an aggressive defense of your rights.

Racial Disparities in Marijuana Enforcement

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Despite a New Year's resolution to resume regular posts to this blog, I have somehow managed not to write a single one until now. Hopefully I'll be able to pick things back up with regular contributions. I'll start with this quick link to a guest blog post I wrote for...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/Wa6kcULyl0U" height="1" width="1" alt=""/>

Child Pornography Case Successfully Resolved - No Felony - No Sex Offender Registration - No Jail

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As a former Assistant State's Attorney and current Aggressive Criminal Defense Attorney with decades of experience, I have handled scores of cases involving the illegal Possession and Distribution of Child Pornography. These cases can be charged in state court or in federal court where the penalties are far more severe. For this reason, I always team up with my partner Andrew White to work these cases as Andy is a former Federal Prosecutor who headed up the sex offense unit for 7 years. He has been very successful over the years at convincing his former colleagues to defer prosecution in these matters to the state courts. Even in State court, however, These are serious crimes that carry the possibility of a felony conviction and extended prison sentences. It may come as a surprise to some to learn that a even a conviction for Misdemeanor Possession of Child Pornography requires mandatory registration as a Tier I Sex Offender for 15 years. A conviction for Felony…
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