So reports the Los Angeles Times:A federal appeals court agreed Thursday to reconsider a decision that made it easier to receive a permit to carry a concealed weapon. State Atty. Gen. Kamala Harris had appealed the 2-1 decision in February 2014 by a panel of the 9th Circuit Court of Appeals that struck down a policy of the San Diego County Sheriff's Department. The department had required applicants to show "good cause" why they needed a concealed weapon permit. The 2-1 decision said the policy was overly restrictive.The court's order is available here.I blogged about this case -- Peruta v. County of San Diego -- back in February, 2014 when the Ninth Circuit struck down San Diego's policy requiring a good cause showing for concealed firearm permits.As I mentioned when I discussed the case last year, this grant of en banc review may lead to a reversal of the decision, which could lessen the impact this case has had on a circuit split over the…
Ninth Circuit to Grant En Banc Review in Concealed Carry Case
↧
↧
*Update* - Property Damage Crash Blocks Interstate 15 Near Idaho Falls
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 03/27/2015 07:26 PM Please direct questions to the District Office *****Update***** The southbound onramp to Interstate 15 is back open. sk / is *****End of Update***** Idaho State Police is currently investigating a property damage crash southbound Interstate 15 at milepost 118, near Idaho Falls. The southbound onramp is currently blocked at this time. More information will be released as it becomes available. sk / kb -------------
↧
Driver Runs Out of Luck in St. Patrick’s Day DUI Arrest
The LAPD may have cracked down on motorists who were partying a little too freely on March 17th, but there were no Los Angeles DUI arrests that were quite as news-making as the chase near Annapolis, Maryland. It involved three other cars, a vehicle fire and a police helicopter. According to the Annapolis Patch, police officers spotted Marvis Montrell Pollock’s 2008 Honda Accord as it was approaching the DUI checkpoint they had set up to catch people celebrating the holiday with too many drinks. After almost hitting the checkpoint, Pollock swerved onto a nearby highway, quickly pursued by a marked police car. When the officers caught up, Pollock took off again, leading them on a 15-minute chase through an area that included a community college. To avoid causing injuries in a high-speed chase, the police cars eventually dropped back, letting a police helicopter follow the car from overhead. Pollock didn’t come to a stop, however, until he smashed into three cars…
↧
*Final Update* - Property Damage Crash Blocks Interstate 15 Near Idaho Falls
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 03/27/2015 07:26 PM Please direct questions to the District Office ****Final Update**** On March 27,2015 at approximately 5:45 pm, Idaho State Police investigated a single vehicle property damage crash southbound Interstate 15 at milepost 118, near Idaho Falls. Aurelian Muntean, 46, out of Dickinson, North Dakota, was traveling south in a 2015 Western commercial vehicle with a single trailer. Muntean attempted to enter the interstate on the onramp and struck the guardrail with his trailer. The southbound onramp was blocked for two and a half hours. The crash is under investigation by Idaho State Police. sk / is ***End of Update*** *****Update***** The southbound onramp to…
↧
JUDGES’ ON-LINE JURY TRIAL BENCH BOOK (15-06)
PROFESSOR STEPHEN SIMON: University of Minnesota Law Professor Steve Simon is one of Minnesota judiciary’s most iconic figures. Virtually every Minnesota district court judge has at some point in their judicial career graduated from Professor Simon’s Judicial Trial Skills Program. Although he retired from the law school in 2012, he continues to mentor all newly appointed judges at his acclaimed Judicial Trial Skills Program. Following a long history of legal and academic achievements, one of his greatest accomplishments has been the development of a first of its kind on-line Bench Book titled, “Trial Procedures and Practices for Judges.” The purpose for this training update is to introduce you to this amazing new On-Line Bench Book and encourage you to explore its many features. The Bench Book can be accessed via the JUDGES’ JURY TRIAL BENCH BOOK TAB (see top of this page). TO READ THE FULL TRAINING UPDATE CLICK ON THE LINK BELOW.…
↧
↧
The Devil is in the Details: Lost Profit Calculations
Lost profits are a typical element of damage claims in legal actions. They seem fairly straightforward, yet opposing experts can come up with vastly different numbers. Often, the calculations are in fact not straightforward, and the process of estimating lost profits can become very detailed and cumbersome. In general, lost net profits are calculated by first estimating the lost gross revenue or sales due to the act. The lost gross revenue is then reduced by the avoided costs, which include all of the normal costs related to providing a good or service. This results in the net profit that would have been realized if the sales would not have been lost. Some experts like to use lost gross profit as a measure of damages. This usually isn’t the correct way to value damages. Gross profit only includes figures for revenue and cost of goods sold. Such a calculation fails to consider other costs of a business that may be closely related to providing a good or service. Another key…
↧
Should states try harder to condemn and execute women to overcome death penalty's sexism?
↧
Amanda Knox: Justice At Last in Perugia
It's over, for good. Amanda Knox can finally put this horrific 8 year ordeal behind her. Italy's Supreme Court of Cassation has fully exonerated both Amanda and Raffaele Sollecito of murder. The supreme Court of Cassation panel deliberated... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Colorado files SCOTUS brief responding to neighbors' lawsuit (and other states provide amicus support)
As reported in this Denver Post piece, headlined "Colorado officials defend marijuana legalization at U.S. Supreme Court," Colorado state lawyers have now officially responded, four months after the initial complaint, to the lawsuit filed by Oklahoma and Nebraska about marijuana reform in the Mile High State. Here are the basics:...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/MzUJ9BZ8X2k" height="1" width="1" alt=""/>
↧
↧
Surviving The Colorado Juvenile Court System - Some Tips For Parents By A Juvenile Court Lawyer
By H. Michael Steinberg - Colorado Juvenile Crimes Criminal Defense Lawyer Understanding And Surviving The Colorado Juvenile Court System - Some Tips For Parents - The most critical component of success in the Colorado Juvenile Court System is the involvement of parents and family. What families find when they arrive in juvenile court is often chaos and what results in a very negative experience. That experience can be changed by understanding a few important concepts. Every family knows that the success or failure of a member of that family can turn on the emotional, social, cultural, and financial support of the family. No one knows their children better than a parent. A parent is in the best position to give insight into the juvenile's behaviors, past experiences and personal needs. Here's the problem in a nutshell - the juvenile justice system can create very real barriers which have the result of actually preventing the effective contribution of parents to…
↧
Motorists Urged to Use Caution in Eastern Idaho
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 03/28/15 1:20 PM Please direct questions to the District Office Idaho State Police troopers in District Six are urging motorists to use caution from south of Idaho Falls to the Montana State border. High winds are making driving conditions more difficult, particularly in the Osgood area. EH / JS -------------
↧
Second Circuit Clarifies Nature of Deliberation Under Guidelines Section 2A6.1(b)(6)
Christine Wright-Darrisaw was found guilty of threatening the President under 18 U.S. Code Section 871(a). Ms. Wright-Darrisaw experienced a negative result in her local Family Court. She called the White House switchboard and, after two and one-half minutes of incoherent...
↧
New Leadership at NAAUSA
The National Association of Assistant United States Attorneys (NAAUSA) is an organization representing career federal prosecutors. I was a member at one time, although my membership has lapsed. It led the opposition of hundreds of prosecutors to the Smarter Sentencing Act, which failed in the last Congress (but has been re-introduced now). Its opposition was cited by then Ranking Member, now Chairman, Chuck Grassley, in his statement in opposition to the Act after it got out of Committee. It then never made it to the floor, despite then-Majority Leader Harry Reid's promise that he would bring it up -- and that was before Sen. Reid lost the fight with his exercise bike.NAAUSA last week elected Steve Cook as its President. I have never met Mr. Cook, but I have occasionally exchanged emails with him. I believe he is an outstanding leader for NAAUSA, and that he will do even more to strengthen its role in fighting the…
↧
↧
Will the 2016 ballot ask Louisiana voters about pot legalization?
The debate concerning the legalization of marijuana for recreational purposes has undergone a dramatic change over the last several years due to the success of voter-driven initiatives in states like Colorado, Washington and, most recently, Alaska. Indeed, people are now more receptive than ever to broaching the topic given the success of legalization in the aforementioned states, which have all seen a dramatic spike in revenue -- but not necessarily crime. If you have a hard time believing this, consider that a recent survey conducted by LSU found that 79 percent of people in the Bayou State favored marijuana legalization in some form. Furthermore, consider that at least one state lawmaker has now officially introduced a measure that would leave the issue of legalization up to voters. Rep. Dalton Honore (D-Baton Rouge) has sponsored legislation calling for the issue of whether people over 21 years of age should be able to carry and purchase marijuana free from the…
↧
Plaintiffs oppose the instant motion..cont
The proponent of a motion for summary judgment carries the initial burden of tendering sufficient admissible evidence to demonstrate the absence of a material issue of fact as a matter of law. There is no requirement that the proof for said motion be submitted in affidavit form, rather, the requirement is that the evidence proffered be in admissible form. Accordingly, affirmations from attorneys having no personal injury knowledge of the facts are not evidence and offer nothing more than hearsay. Consequently, any such submissions are inadmissible and cannot be the basis for creating an issue of fact sufficient to preclude summary judgment. Similarly, unsworn accident reports are inadmissible and cannot be considered by the court. With regard to leases such documents can be admitted and considered for purposes of summary judgment if they are accompanied by an affidavit, which establish that the documents attached are true and accurate copies of documents contained within the…
↧
WHAT ARE THE DIFFERENCES BETWEEN VEHICULAR HOMICIDE AND AGGRAVATED VEHICULAR HOMICIDE IN OHIO?
Ohio has several variations of what is commonly known as vehicular homicide. Generally, vehicular homicide is causing the death of another person while operating a vehicle. In the Ohio Revised Code, there are actually three separate offenses: (1) Aggravated Vehicular Homicide; (2) Vehicular Homicide; and (3) Vehicular Manslaughter. The offenses defined in the Ohio Revised Code are distinguished by the driver’s conduct (actus reus) and the driver’s state of mind (mens rea). The particular offense with which a defendant is convicted makes a substantial difference in the sentence imposed by the court. Aggravated Vehicular Homicide can be committed in one of three ways. The first way is causing the death of another person as a result of operating a vehicle under the influence of alcohol or drugs. The second way is causing the death of another person as a result of operating a vehicle recklessly. The third way is causing the death of another person as a result of…
↧
"Hands Up, Don't Shoot," the Minor League Version
Accusing the police of racially-motivated abuse has become a favorite indoor sport. As the title of this entry suggests, the most prominent recent episode by far was the malicious and fake accusation that white police officer Darren Wilson murdered a peaceful and compliant Michael Brown simply because Brown was a teenage African American. It turns out that the accusation was concocted, but it got plenty of currency, including from the Attorney General (until his own Justice Department, months later, quietly debunked it).As ever undeterred by the truth, the Cops-Are-Klansmen industry keeps right on going. The latest episode I've learned about was this case, in which a rich Hollywood actress accused the cops of -- you'll never guess -- racially profiling her son.As it turns out, the son is a small-time druggie and made up the story. The actress at least had the decency promptly to apologize to the police. Would that some MSNBC…
↧
↧
Remote testimony
Here's a belated report on a recent development in a long-standing issue. Last month, the Supreme Court denied certiorari in New Mexico v. Schwartz, No. 14-317. The petition presented the issue whether the confrontation right bars the presentation, over the accused's objection, of testimony taken, by two-way video, from a witness in a remote location. But the case was not a good vehicle for presenting this issue, because the opinion of the New Mexico Court of Appeals turned on narrow questions of fact rather than on any broad question of principle. It's an important issue, and sooner or later I hope the Supreme Court addresses it squarely. I wrote on it years ago, pre-Crawford, in a piece titled Remote Testimony, 35 U. Mich. J. L. Ref. 695 (2002). I'm going to want to think about the issue more; for now, I will offer a few thoughts and ask a question on which perhaps readers can shed some light.The basic…
↧
Next week's criminal law/procedure argument
Issue summary is from ScotusBlog, which also links to papers: Monday Brumfield v. Cain: (1) Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under...
↧
2015.48: To the Potential Client
Dear PNC (we call you PNCs, for “Potential New Clients”; it’s redundant, I suppose, but “PC” is already assigned to “probable cause” and “personal computer” and “politically correct”): You have told me repeatedly that you are innocent. You don’t mean “legally innocent”—that is, unconvicted—but “factually innocent.” I don’t know whether you’re telling me the truth or not (people lie to me all the time), but please know that it doesn’t matter to me. It won’t decrease my fee, and it won’t make me do any better job. I consider the act of putting people in boxes to be fundamentally immoral in virtually all cases, and I don’t believe that I—or any human—have the wisdom to distinguish the few cases in which putting people in boxes is moral from the many in which it is not. So it doesn’t matter to me whether they’re…
↧
More Pages to Explore .....
