3-16-15 Florida: MDCPS says two students engaged in consensual sex act at Allapattah Middle School MIAMI - Five students at Allapattah Middle School are facing charges after beating up a student who reported two others engaging in a sexual act at school, Miami-Dade County Public Schools spokeswoman Daisy Gonzalez-Diego said. "Our school district has zero tolerance for inappropriate behavior
5 students arrested for beating up boy who reported sex act at school, officials say
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Florida Cohabitation Bill
It is a misdemeanor in Florida to "shack up." Not for long, though. Michael Auslen has this story in the Tampa Bay Times.
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Open Container One of Charges for Man who Head-butts Patrol Car
A man was arrested in Davis County on Wednesday, March 11, after allegedly smashing a window in a patrol car with his head and threatening law enforcement, among other things. While the man received a laundry list of potential charges which aren’t as common—both felonies and misdemeanors—the charge of having an open container in the […] The post Open Container One of Charges for Man who Head-butts Patrol Car appeared first on Salt Lake Criminal Defense.
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Bill would exempt more crimes from sex offender registration
3-16-15 Nevada: CARSON CITY, Nev. (AP) -- Nevada lawmakers are considering a bill that would exempt more people from registering as sex offenders. Members of the Assembly Judiciary Committee reviewed AB208 on Tuesday. The measure would only require someone to register as a sex offender if they've been convicted of a felony sex crime, not a misdemeanor or gross misdemeanor. It wouldn't count
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PER CURIAM
"Traditionally it may be pointed out that a ‘per curiam’ is the opinion of the court in which the judges are all of one mind and the question involved is so clear that it is not considered necessary to elaborate it by an extended discussion."Newmons v. Lake Worth Drainage Dist., for Use & Benefit of Martin, 87 So. 2d 49, 50 (Fla. 1956).In Vega v. State, which was a sexual predator incarceration hearing in which the defendant's sentence had expired but the State still sought to keep the defendant in custody, there was a trial in which the jury's verdict was that the defendant should not be held in custody for any further period. The judge promptly ignored the verdict and ordered the defendant into custody. The defendant appealed. Seems pretty serious. A case of first impression for sure. Ripe for a well reasoned opinion setting precedent for the State. The type of case appellate judges presumably…
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Current Misdemeanor DWI to Become Felony if Child in Vehicle
Leandra’s Law a Reality: Current Misdemeanor DWI to Become Felony if Child in Vehicle There are a couple of factors that determine the severity of the charge against you. For one, the law considers the number of DWI offenses you’ve actually been convicted or plead guilty to. First offenses are not treated nearly as harshly as subsequent offenses and the penalties get much worse each time you break this law. Under the New York Penal Law, operating a motor vehicle while under the influence of alcohol or drugs. 1. Driving while ability impaired. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol. 2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the…
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Gainesville Man Allegedly Sends Nude Pics of Minor to Her Facebook Friends
A Gainesville man was arrested Saturday night after police allege he distributed sexually obscene photographs taken of a female who was a minor at the time the photographs were taken. According to a Gainesville Police Department report, the 36-year-old man and the female had apparently been involved in a two-year sexual relationship that began when the girl, who is now 18 years old, was 16. The report alleges that the man knew the victim was 16 years old when the relationship began. During the course of the relationship, the man is accused of taking several nude pictures of the girl. On Saturday, police claim he signed into the girl’s Facebook account and sent the obscene photographs, some of which allegedly featured the man and the girl involved in a sexual act, to some of the girl’s friends without her consent, according to the report. The girl apparently told police that she recognized the photos as ones that were taken while she was still a minor. After the…
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The Police Knocked On My Door. What Are My Rights?
by Brent Thompson As mentioned previous posts, any warrantless search or seizure is per se unlawful absent the applicability of a jealously guarded exception to the warrant requirement. One exception is consent. In State v. Ferrier, 136 Wn.2d 103 (1998), the Washington Supreme Court held that, before entering a citizen's home, Article I, section 7 of the Washington state constitution requires that police officers:Ask the citizen for consentInform the citizen consent can be revoked at any timeNotify the citizen can limit the scope of the consent (i.e. limit the extent of the officer's entry). These warnings are known commonly as "Ferrier Warnings." Such warnings must be given by officers in Washington state in order for an entry and subsequent search to be considered lawful. Evidence must be suppressed pursuant to the exclusionary rule and "fruit of the poisonous tree" doctrine if this rule is violated. On March 3, 2015, in State v. Budd,…
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Connecticut Supreme Court clarifies erasure of past pot conviction comes with state decriminalization
This AP article, headlined "Ruling Clears Way for Marijuana Convictions to Be Erased," highlights a notable (state law) ruling from that echoes issues being confronted in a number of states as marijuana reforms become more common. Here are the basics: Thousands of people busted in Connecticut for marijuana possession now...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/UO3Ks17zwxQ" height="1" width="1" alt=""/>
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Another round of notable new posts from the Collateral Consequences Resource Center
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eGhazi: Dan Metcalfe appears to be ill informed
So Dan Metcalfe is back at it again. The former FOIA person for the Justice Department, with an assist from Politico, continues to spout uniformed nonsense on eGhazi. Some examples: We now have former Secretary of State Hillary Clinton being... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Massachusetts Chief Justice taking on prosecutors concerning drug mandatory minimums
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On Mercy Considered As One of the Fine Arts: Part the Second
Jennifer Bishop-Jenkins won't remember the time I met her. I'll never forget it.It was 2003. She was coming to Cleveland to speak at at the ACLU about the death penalty. I was to give some general comments and then introduce Jennifer.She was, at that time, chair of Murder Victim's Families for Reconciliation. Her pregnant sister Nancy, and Nancy's husband had been murdered, shot to death in a Chicago suburb. She opposed the death penalty and had, as I understood it, forgiven the killer. I didn't know much more than that. I was eager to hear her speak.I gave my comments, introduced Jennifer, and was quickly reduced to tears.I write a lot about forgiveness and mercy and grace in these posts. They are, I say, about those who give, not those who receive. They define those who bestow them ("bestow" for they are gifts) as surely as the bitterness of hatred and vengeance define those who cannot get…
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Crash Blocks Interstate East at Northside
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: 03/17/2015 2:50 p.m. Please direct questions to the District Office Idaho State Police is on scene of a two vehicle injury crash eastbound Interstate 84, just prior to the Northside exit in Nampa. At this time all eastbound lanes are blocked. Motorists should avoid the area if possible. SA / KL -------------
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ISP investigates crash near GrandView
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: 03/17/2015 3:08 p.m. Please direct questions to the District Office Idaho State Police is on scene of a two vehicle crash northbound Highway 167 at milepost 4, near the Simplot, north of GrandView. At this time all lanes are blocked in both directions. Motorists should avoid the area if possible. Updates will be provided as they become available. SA / KL -------------
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Hernandez's counsel provided ineffective immigration assistance
In Rodolfo Hernandez v. USA, This appeal required the court of appeals decide whether the district court abused its discretion when it refused to conduct an evidentiary hearing to determine whether Rodolfo Hernandez's counsel provided effective assistance when she incorrectly advised him about the immigration consequences of his guilty plea. Hernandez pleaded guilty to one count of conspiring to possess with the intent to distribute at least 1,000 kilograms of substance containing marijuana, and three counts of possession with intent to distribute at least 100 kilograms of a substance containing marijuana. After defendant entered his plea but before his conviction became final, the Supreme Court decided Padilla v. Kentucky. Which held that "counsel must inform her client whether his plea carries a risk of deportation.'' He later moved to vacate his sentence based on ineffective assistance of counsel. The district court denied his motion without an…
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CPLR 5015(a)(3) and (4)...cont
Based upon the evidence adduced at the hearing herein, including the fact that the physical description in the affidavit of service of the individual allegedly served differed considerably from the physical appearance of defendant, and the further fact that the process server failed to identify him in court as the person upon whom he had served process, there was a more than adequate basis for the hearing court's determination that he was never personally served with process. Accordingly, we conclude that Special Term properly held that personal jurisdiction over he was not acquired by personal service of process upon him. However, as indicated, we disagree with Special Term's conclusion that having determined the question of acquisition of jurisdiction by service of process against the plaintiff, the issue of whether the attorney’s appearance on behalf of the defendant was authorized becomes moot. To the contrary, once it was found that personal injury…
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*Update* Crash Blocks Interstate East at Northside
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: 03/17/2015 3:57 p.m. Please direct questions to the District Office ***Update*** The left lane has been unblocked and traffic is now moving slowly. Motorists are still advised to avoid the area if possible. More information will be released once available. KL/SG _________ Idaho State Police is on scene of a two vehicle injury crash eastbound Interstate 84, just prior to the Northside exit in Nampa. At this time all eastbound lanes are blocked. Motorists should avoid the area if possible. SA / KL -------------
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*Update* Crash Blocks Interstate East at Northside
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: 03/17/2015 3:36 p.m. Please direct questions to the District Office ***Update*** All lanes are now open from this crash and traffic is flowing. More information will be released when available. KL/SG _______ The left lane has been unblocked and traffic is now moving slowly. Motorists are still advised to avoid the area if possible. More information will be released once available. KL/SG _________ Idaho State Police is on scene of a two vehicle injury crash eastbound Interstate 84, just prior to the Northside exit in Nampa. At this time all eastbound lanes are blocked. Motorists should avoid the area if possible. SA / KL -------------
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A Misleading Article on Reversal Rates
The Washington Post's Monkey Cage has this article by Frank Baumgartner and Anna Dietrich on the rates of reversal in capital cases. The article leaves out essential facts, particularly how the picture has changed over time, to arrive at its Politically Correct conclusion.Large numbers of capital sentences have, of course, been overturned, but the reasons have varied over time. To simply state an overall rate from 1973 to the present is highly misleading.In the early years, the primary reason for reversals was the Supreme Court's inability to agree with itself from one year to the next what the Constitution requires and what it forbids. In 1972 it strongly implied that discretion in capital sentencing was forbidden and mandatory sentencing was required. Congress and the legislatures of the two largest states at the time, California and New York, interpreted the decision that way and passed mandatory sentencing laws. Four years later,…
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