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I'M SORRY

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Choosing between the two, we're going to go with the "I'm sorry song". Big fans of Calvin and Hobbes. Not so big a fan of the other….see you in court. Site Feed

Gainesville Swim Coach Sentenced to Federal Prison for Child Porn

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A former Alachua County teacher and swim coach has been sentenced to 60 years in federal prison after he plead guilty to charges of producing child pornography. In addition to the prison sentence, he was also ordered to pay $78,000 in restitution to each of his eight victims. The 32-year-old pleaded guilty to the charges in September. The man was a behavioral resource teacher for kindergarten through fourth grade and a part-time coach of Gainesville swimming club. When an individual is charged with a child pornography offense, one of the first lines of defense is to challenge any law enforcement searches or seizures that led to the discovery of images. When evidence is obtained for any crime without a property owner’s consent to search the property, it can be argued that the search has violated the Fourth Amendment to the U.S. Constitution. When a violation of constitutional rights has occurred, suppression of all evidence seized is a likely possibility. There are…

Updae: One Lane Open US26 Near Richfield

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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: 03/09/2015 3:50pm Please direct questions to the District Office **Update** One lane is open and traffic is slowly moving through the area. Motorists should expect delays. ln/sm ***************************** At this time the Idaho State Police is investigating a one vehicle rollover on US 26 at 176, just west of Richfield. Lanes are completely blocked in both directions. Please avoid traveling in this area if possible. sm / sc -------------

What is SCOTUS reviewing in Hurst as it considers Florida's capital sentencing process?

Florida's Embarassingly Outdated Cohabitation Law

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Picture this: everything's going great in your life until -- bam! -- you're arrested for living with your girlfriend or boyfriend. No, it's not a nightmare you're having about how your parents will respond to your new relationship; it's a practical reality under current Florida law. Our society truly embodies most the advancements of the 21st century and these progressions have in large part made their way into government practices. With state laws available online, digital fingerprinting in police stations, and court appearances being held by video, it's clear that the State of Florida is moving forward. However, as our Palm Beach and Broward County criminal defense lawyers know, there are a couple of glaringly archaic sections of the Florida State Statutes that keep the Sunshine State tethered to the past, and one of those is the cohabitation law, which makes it a crime for an unmarried man and woman to "lewdly and lasciviously" live…

Sheriff: Suspend, don't terminate Medicaid benefits during local jail incarceration

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Harris County Sheriff Adrian Garcia and George Masi, CEO of Harrs Health Sytems authord an op ed in the Houston Chronicle (March 6) calling for the state to suspend rather than terminate Medicaid benefits when recipients are incarcerated in the county jail for 30 days. Here's a notable excerpt:Medicaid health-care benefits for eligible persons incarcerated in county jails are terminated after 30 days, rather than merely suspended as in many states. To further complicate its shortcomings, the policy depends on time spent in jail, not whether the inmates are acquitted or convicted.Suspension, rather than termination, of Medicaid benefits allows eligible former inmates to more easily obtain medical care with Harris Health and other local health-care providers upon their release. Under current state practices, once an inmate's Medicaid is cancelled, they are forced to navigate a bureaucratic labyrinth in order to renew their medical benefit. Legislation proposed…

Sentencing for a Grand Larceny

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Sentencing for a Grand Larceny, as with most theft-related crimes, depends largely on the amount of money alleged to have been stolen by a defendant. New York Grand Larceny Charges are brought as felony criminal charges and are used to prosecute any theft over $1,000. Petit Larceny, theft under $1,000, is prosecuted as a misdemeanor offense. The law does not outline specific sentences for the various classifications of grand larceny; rather, judges are given discretion within the limitations outlined by the statute. There are a variety of factors which will likely weigh in on a grand larceny sentencing decision; some of these such factors are: • Prior criminal record • Ability to pay restitution • Family and community ties No matter the degree, grand larceny is a serious charge that carries with it the potential for significant consequences. If you are facing grand larceny charges, Contact the larceny defense team at The Blanch Law Firm today. Your first…

Poll: Public opinion supports criminal justice reform

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Excellent news from a new poll of a thousand Texas voters sponsored by the Texas Public Policy Foundation. Among the highlights:Texans prefer drug treatment over prison by a 61 percent to 26 percent margin. The number bumps up to 73 percent when you limit the question to drug possession cases.Some 71 percent of Texans believe the justice system should only be involved in extreme cases of chronic truancy, not workaday cases, while just 24 percent of respondents disagreed.A solid 57 percent of Texans support adjusting property theft thresholds upward to account for inflation, with 37 percent opposed.A similar number - 57 percent - supported reducing the time inmates spend in prison so they can be monitored on community supervision.Clearly the public is ahead of their elected officials on these topics, though they have an opportunity to catch up to them over the next few months.

Will these bills make good laws?

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Your elected officials are busy at work. Do you know what they are up to? The Georgia Driver does. She is keeping an eye on a few bills as they make their way from proposal to law. If you've an interest in any of these topics, contact your representative lawmaker  and let him or her know how you feel. House Bill (HB)5 Allows for drones to capture images for certain purposes, but not for private surveillance. (Each new technology rewrites the law.) HB9 Makes it unlawful for certain employers to ask whether an applicant has ever been arrested. (Does that mean after you've paid your debt to society you can actually get a job?)

Former Bank Manager Admits Stealing Identities to Create Bogus Loans

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Mortgage Fraud Blog. Linda Sue Newcomb, 63, Madison Heights, Virginia, who was the former manager of the Lynrocten Federal Credit Union, pled guilty in United States District Court for the Western District of Virginia to embezzlement, bank fraud and identity theft charges for her role in originating loans in the names of credit union members without those members’ knowledge or consent, including forging the member’s name to fictitious loan documents. Newcomb was previously indicted on charges related to the liquidation of the Lynrocten Federal Credit Union, Lynchburg, Virginia. In District Court, Newcomb pled guilty to one count of embezzlement from a Federal Credit Union, two counts of bank fraud and one count of aggravated identity theft. Teresa Humphries, the former head bank teller at Lynrocten, previously pled guilty to related charges. According to evidence presented at the guilty plea hearing by Acting United States Attorney Anthony P. Giorno and Assistant…

Terzian on Forced Decryption as a Foregone Conclusion

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Dan Terzian has posted Forced Decryption as a Foregone Conclusion (California Law Review Circuit (Forthcoming)) on SSRN. Here is the abstract: The Fifth Amendment generally bars forced incrimination. But under the foregone conclusion exception, the government can compel a criminal...

Aggravated Kidnapping for Man Holding Own Family Hostage

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A man who was arrested last month after a tense police standoff has been charged with aggravated kidnapping among numerous other felony and misdemeanor charges. The man had been holding his family hostage with a box cutter. Not His First Run-in With the Law According to a report from KSL News, on Tuesday, Feb. 24, […] The post Aggravated Kidnapping for Man Holding Own Family Hostage appeared first on Salt Lake Criminal Defense.

Update: Semi Crash Sends One to Hospital

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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: 03/09/2015 7:05pm Please direct questions to the District Office **************Final Update************ At approximately 2:30 pm, on Monday, March 9, 2015, the Idaho State Police investigated a semi rollover on US 26 at milepost 176, 6miles west of Richfield. Jeffrey Lengle, 34 of Arco, ID, was westbound driving a 2004 Kenworth semi truck with two trailers loaded with hay bales. Lengle failed to negotiate a curve and lost control, rolling the tractor and both trailers. The tractor came to rest on its top off the shoulder of the road. Lengle was transported by air ambulance to Portneuf Medical Center in Pocatello, ID. The crash is under investigation by the Idaho State…

Today's criminal law/procedure cert grant

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Issue summary is from ScotusBlog, which also links to papers: Hurst v. Florida : whether Florida’s approach to death sentencing violates either the Sixth Amendment or the Eighth Amendment in light of this Court’s decision in Ring v. Arizona.

Alleged Drunk Driver Runs off I-93 Overpass in Boston

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According to a recent news report from NECN, a driver drove his truck off the upper deck of Interstate 93 in Boston and landed on the lower deck. Incredibly, he survived. Police say the 33-year-old defendant has been arrested for drunk driving. Surveillance footage shows defendant allegedly hitting a light pole, exit sign, and a section of fence before he "launched" off the upper roadway surface and landed on the lower deck in the southbound lane. First responders pulled defendant from the wreckage and took him to Massachusetts General Hospital (MGH) in Boston. After a preliminary investigation, police issued a summons for defendant to appear in Boston district court to face charges for drunk driving.

What Is Importuning (O.R.C. 2907.07) In Cleveland?

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Importuning (O.R.C. 2907.07) is charged in Cleveland when you are suspected of attempting to initiate sexual contact with a minor, when you are 18 or older and more than four years older than the other person. Your knowledge of the person’s age – or lack of knowledge – is not relevant to the charge, and you can be convicted even if you genuinely were unaware that the other person was under age, and more than four years younger than you. Importuning is also charged when you are suspected of soliciting sexual contact with a minor through a telecommunications device. There are several ways that Importuning can be graded, but whichever provisions are cited in the charge, any Importuning conviction is a felony conviction, and you’ll face significant jail time. The attorneys at Patituce & Associates know how prosecutors build Importuning cases in Cleveland, and we know how to fight back against charges against you. Call us today at (440) 471-7811 for a…

What Is Sexual Imposition (O.R.C. 2907.06) In Cleveland?

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The first thing to know about Sexual Imposition (O.R.C. 2907.06) in Cleveland is that it is a crime that qualifies as a Tier One Sex Offense under Ohio law, so if you are convicted of Sexual Imposition, you will be required to register as a sex offender for the next 15 years, and face various hardships related to being a registered sex offender. Definitionally, Sexual Imposition can be charged under a number of scenarios: ● The defendant knows that the sexual contact is offensive to the victim, or is “reckless in that regard” ● The victim is impaired and lacks the ability to fully appraise the sexual nature of the situation, or to control the defendant’s actions ● The defendant knows that the victim submitted because they were unaware of the sexual contact ● The victim is between 13-16 years old, and the defendant is both over the age of 18 and four or more years older than the victim ● The defendant is a mental health…

Slaughter on Drug Detection Dogs

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Matthew Slaughter has posted Supreme Court's Treatment of Drug Detection Dogs Doesn't Pass the Sniff Test (18 NEW CRIM. L. REV. (2015, Forthcoming)) on SSRN. Here is the abstract: The current Supreme Court approach to the nuances involved in drug...

Freispruch für Finanzstaatssekretär Bäumer

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Nach rund achtjährigem Ermittlungsverfahren geht das Untreue-Verfahren gegen Bäumer mit einem Freispruch zu Ende. Seit gut eineinhalb Jahren läuft der...

Most Louisiana drivers unfamiliar with other states' point systems

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We often write about the legal issues that individuals face after being charged with drunk driving. Like all other states in the nation, Louisiana treats driving under the influence as a serious crime worthy of serious consequences, including driver's license revocation. As individuals are convicted of subsequent DUI offenses, they face increasingly harsh punishments. Should our state's drivers face similarly escalating consequences for other driving infractions? This is an issue that has been discussed in recent years in the media and among state lawmakers. Unlike many other states, Louisiana has no "point system" for drivers. We often think of earning points as a good thing. But in most states, drivers amass points for each traffic offense that they are convicted of. This can include speeding, reckless driving, failure to wear a seatbelt and other offenses that often result in a citation. After a certain number of points have accumulated, an individual…
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