Cleveland Criminal Defense Attorney For An Arrest On Permitting Drug Abuse Permitting Drug Abuse (ORC 2925.13) in Cleveland is a charge levied against the owner or operator of a vehicle, or the owner, lessee, or occupant in charge of a premises or real estate, who knowingly permits the property under their control to be used for the commission of a drug abuse felony. Read More
Permitting Drug Abuse (O.R.C. 2925.13) in the Cleveland Area
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Illegal Use or Possession of Drug Paraphernalia (O.R.C. 2925.14) in the Cleveland Area?
Criminal Defense Attorney For An Arrest On Illegal Use Or Possession Of Drug Paraphernalia In The Cleveland Area When people hear the term “drug paraphernalia,” they often think of something like a pipe or bong used to smoke marijuana. Read More
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**Final Update** Two Vehicle Crash South of Malad
Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: April 5, 2015 1:50 a.m. Please direct questions to the District Office *****FINAL UPDATE***** On Saturday, April 04, 2015, at approximately 10:20 p.m., the Idaho State Police investigated a two-vehicle, injury crash northbound Interstate 15 at mile marker 12, near Malad. Carl Marler, 23, of Pocatello, was northbound on I15 in a 2004 Chrysler Sebring. Kristin Kopplin, 51, of Missoula, MT, was also northbound on I15 in a 2007 Toyota Tacoma. Marler was attempting to pass Kopplin's vehicle when he struck the Tacoma on the driver's side. Marler's vehicle came to rest upright on the median side while Kopplin's vehicle rolled and came to rest on its top on the right shoulder. Marler and his passenger, Elisabeth Clonts, 23, of Pocatello were transported to Oneida County Hospital by ground ambulance. Kopplin, her passenger…
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Jacksonville police officer charged with theft and official misconduct after accusations of lying about off-duty work
A Jacksonville police officer is now facing two charges – including one felony – in connection with allegedly lying about how many hours she worked in an off-duty role. Investigators had been watching the officer for more than a month and found she only worked about 15 of the 24 hours she was reporting for her off-duty role providing security at an apartment complex, according to a report in the Florida Times-Union. The problem is, the officer filled out paperwork to indicate she worked all of the hours, but instead was leaving early or arriving late, the newspaper reported. The officer is charged with official misconduct and petit theft. The official misconduct charge is the one to worry about. The charge is a third-degree felony, punishable by up to five years in state prison. More importantly, pleading guilty to or being convicted of a felony can have a crippling effect on her law enforcement career, as many agencies have specific policies against hiring…
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A New York teen dies as a consequence, arguably, of marijuana prohibition
Opponents of marijuana reforms have, understandably, made much of any deaths in Colorado that might be reasonably linked in some way to marijuana legalization. But this sad story from New York, headlined "Bronx Teenager Who Fell From Roof While Fleeing the Police Dies," provides an example of a death that...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/tWXAtEgczsg" height="1" width="1" alt=""/>
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NY Times notes Justice Kennedy's criminal justice perspective
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On 'Cops in Lab Coats,' the pitfalls of basing police practices on Jonah Hill, Wallace Jefferson for SCOTUS(?) and other stories
Before the day's family festivities begin, here are a few items which deserve Grits readers' attention but haven't made it into independent posts: The case for raising the age of criminal culpability based on Pearland ISD cops mimicking Jonah Hill moviesDan Solomon at Texas Monthly described an 8-month undercover sting at Pearland ISD and the episode's idiotic if inescapable similarities to the 21 Jump Street franchise, comparisons to which consumed national media coverage about the event. Playing the killjoy, Solomon framed the issue in terms of Texas' "raise the age" debate, declaring: "It’s frightening that a high school junior who hasn’t committed a violent crime (none of the charges in the sting are for violent crimes), might find himself or herself facing time in an adult facility designed to imprison violent criminals. And that prospect is only thrown into relief when we’re all laughing about…
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March marijuana reform madness covered at Marijuana Law, Policy and Reform
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Michigan DUI and Police dash-cam Video
As a Michigan DUI lawyer, one of my first responsibilities in a drinking and driving case is to investigate the facts, and that almost always means obtaining a copy of the police-car video. This can be a critical piece of evidence, and sometimes a careful examination of the video leads to a challenge of the evidence, which, in turn, can result in beating the case. Other times, while the video may not be enough to have a Judge decide to throw the whole DUI case out of court, much can be learned from it and used to drive a successful or perhaps otherwise unobtainable plea bargain. Even if the video merely confirms the legality of the stop and investigation, there is some comfort, albeit what we call "cold comfort," in just knowing that. When it's helpful, this "dash-cam" video is the veritable gold standard. As this article is being written, the news is busy with the story of a man stopped by the Inkster police for running a stop sign who was yanked…
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Final Update: Injury NB I15 Near Clark Street Exit
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 04/058/2015 9:07 p.m. Please direct questions to the District Office ****Final Update*** On April 5, 2015 at 7:15 p.m., Idaho State Police investigated a single vehicle injury crash northbound on I15 at mile marker 69, near the Clark Street Exit. Ashley L. Kirchner, 25 of Kingman, AZ, was traveling north on I15 in a 2002 Chevrolet Trailblazer. Kirchner applied her breaks as a vehicle slowed in front of her, swerved to avoid making contact, and lost control of her vehicle. The Trailblazer left the roadway traveling into the median where it rolled. Kirchner and her two juvenile passengers were all transported by ground ambulance to Portneuf Medical Center. Driver and passengers…
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Case o' The Week: Escapee escapes escape - Simmons and Taylor Analysis (Decamps)
Hon. Judge Wallace Tashima A Great Escape, from a dangerous escape. United States v. Simmons, 2015 WL 1499310 (9thCir. Apr. 3, 2015), decision available here.Players: Decision by Judge Tashima, joined by Judges Rawlinson and Clifton. Big win for Federal Public Defender Peter Wolff, District of Hawaii. Facts: After pleading to drug and gun crimes, Simmons was deemed a “career offender” and sentenced to 240 months. Id. at *1. (It was later lowered due to a Rule 35 motion, a fact that doesn’t affect the issues in the appeal. Id. at *1 & n.1.) Simmons had been convicted of a count of second degree escape, in violation of a Hawaiian statute. Id. Simmons appealed, “asserting that his second degree escape conviction is not a ‘crime of violence.’” Id.at *1.Issue(s): “Simmons appeals from the judgement of the district court sentencing him to 168 months’ imprisonment. He contends that the district court erred in…
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He’s Baa-aack, Again
After a grueling nine hours of deep sleep and the miraculous epiphany that reindeer is tastier than I ever would have thought and steak Fiorenza may be the finest dinner ever, I’m back. To those who sent me emails with links to current stories or questions requiring thousand-word answers plus a legal education, I hate you. I’ve been gone before, and while it’s hard to keep tabs on interesting things happening in the world about which I’m dying to have my say, I restrained myself. This time, I didn’t bring a computer with me, but skimmed life via smartphone, often yelling at people on the twitters and wondering why no one thought it prudent to stop micro-aggressing me by making me feel guilty about my silence. One observation came from the juxtaposition of what seems like the perpetual whining noise coming from the youth of the United States as compared to those of Europe: instead of searching under every rock for something to be…
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A Reply To Senator Franken (or lending Jim Comey a hand)
The ranking member of the Senate Subcommittee on Privacy, Technology and the Law, Al Franken, proving this his comedic chops are neither greater nor lesser than they were when he held down a real job, has sent FBI Director James Comey a letter. Jim, being a busy guy given the time he’s constrained to spend putting Department of Justice Inspector General Michael Horowitz in his place, not to mention winning the War on Drugs, could probably use some help fielding Franken’s questions. After all, Franken, despite being rank, isn’t a lawyer, which explains why he would have a seat on that subcommittee. I’m here to help. Dear Senator Al, Thanks for your kind words about our nailing that scumbag, Hunter Moore. Since we got him, you probably didn’t need to explain what we did, because, well, we’re the one who did it. In case you didn’t hear, another similarly despicable piece of shit named Kevin Bollaert was just sentenced to 18…
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Contractualism and Tort Law
John F. K. Oberdiek, “Structure and Justification in Contractualist Tort Theory,” in John Oberdiek (ed.), Philosophical Foundations of the Law of Torts (Oxford University Press, 2014). Benjamin C. Zipursky In addition to serving as the editor of Philosophical Foundations of the Law of Torts (OUP 2014), John Oberdiek has provided his own contribution, an excellent and penetrating chapter entitled Structure and Justification in Contractualist Tort Theory. (Full disclosure: John Goldberg and I have a co-authored chapter in the volume.) In it, Oberdiek offers a careful, original, and important analysis that brings together tort theory and the moral and political theory of contractualism, especially as developed by today’s leading contractualist, Thomas M. (“Tim”) Scanlon. Economic theories of tort law derive from a roughly utilitarian framework for thinking about normative questions and numerous corrective justice accounts derive from a…
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Defending A DUI: The Exit Sequence
There are three distinct phases to an alcohol investigation. The first phase involves the officer observing your driving behavior and determining whether or not to initiate a stop. This first phase is called the 'Vehicle in Motion' Phase. The second phase is the 'Personal Contact' phase. Here the officer has exited his/her vehicle and is having a conversation with you. Do you look drunk? Do you smell drunk? Do you sound drunk? A trained law enforcement officer has many tools in their arsenal to help determine if you may be intoxicated. If the officer is satisfied that enough evidence exists, they will ask you to exit the vehicle. [Note: the legal standard required to have you exit the vehicle for further investigation is reasonable and articulable suspicion]. When the officer asks you to exit the vehicle, they are trained to look for the following signs of impairment: Angry, unusual reactions Can't follow instructions Can't open…
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The Death of Apology
The failure of so many of us, myself included, to have taken the Rolling Stone report of a forcible rape that never happened at University of Virginia with sufficient skepticism of both accusation and reporting should be a clarion call to constrain the passion of belief until facts are proven. And yet, Rolling Stone’s retraction of its story in the face of a report by Columbia School of Journalism as to its pervasive abject failure to be accurate and dispassionate fails as an apology and, instead, twists its lie to serve the very same purpose that gave rise to its blind, and grievously misguided, faith. As Eugene Volokh notes, the writer of the false story, Sabrina Rubin Erdely, offered an “apology.” Here’s the apology from Sabrina Rubin Erdely, who wrote the now-discredited Rolling Stone story alleging that there was a gang rape at the Phi Kappa Psi fraternity: The past few months, since my Rolling Stone article “A…
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The Tracking Device, Email Hacks and Invasion of Privacy
This post examines a U.S. District Court Judge in the Southern District of Illinois's recent opinion in a civil case: Troeckler v. Zeiser, 2015 WL 1042187 (2015). The suitwas brought by two plaintiffs: Theresa Troeckler and Candice Zeiser sued Donald Zeiser, Steven Jacobsen, Kyvon Services, LLC, Mark Stueck, William Reynolds and Brighton Lewis, Inc. Troeckler v. Zeiser, supra. The judge begins her opinion by explaining how, and why, the suit arose: Troeckler is the mother of [Candice] Zeiser. [Candice] was previously married to [Donald] Zeiser. On April 12, 2012, Troeckler located a black box attached underneath her vehicle after receiving a call from an anonymous individual informing her she was being tracked. The Madison County Sheriff's Department took the black box into evidence and ultimately identified it as a World Tracker Enduro Pro tracking device owned by Tracking the World, Inc. The Sheriff's Department further concluded that the…
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TX Lege committee agendas packed with criminal justice reform bills
There's really kind of an amazing array of criminal-justice reform bills and a host of other legislation related to the topics covered on this blog up in committee this week at the Texas Legislature. I've no time to adumbrate them all (perhaps a few, as the week progresses), but for now just check out these agendas, especially CrimJur in the House which may well end up being an all-nighter:Senate Criminal Justice - Tuesday. Highlights: expansion of hazing offense, post-conviction DNA testing, civil commitment of sex offenders, licensing of forensic analysts, plus repeats on body cameras and asset forfeiture.House Homeland Security - Tuesday. Highlights: Dueling bills on DPS collection of driver fingerprints, data retention for automated license plate readers. House Criminal Jurisprudence - Wednesday. Highlights: requiring warrants for cell-phone location data, penalty reductions for various nonviolent offenses (including civil penalties for pot), and for the attorneys…
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SEC Charges Group of Unregistered Broker-Dealers Trading in Corporate Bond Market
Last week, the Securities and Exchange Commission (SEC) charged more than 20 individuals and companies with violations of the Securities Exchange Act of 1934 (the Exchange Act) related to the buying and selling of investment-grade corporate bonds. The SEC charged the respondents with trading in corporate bonds without first registering as broker-dealers. Two respondents, Global Fixed Income and its owner Charles Perlitz Kempf, were charged with aiding and abetting these violations. Section 15(a) of the Exchange Act prohibits any individual or corporation from purchasing securities on behalf of another without first registering as a broker-dealer with the SEC. According to the SEC, the respondents purchased corporate bonds on behalf of Kempf and Global Fixed Income, who then resold the bonds at a profit. The respondents conducted these transactions without registering with the SEC. Under the SEC’s order, the respondents are subject to roughly $5 million in disgorgement of…
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Time Begins On Opening Day
You spend a good piece of your life gripping a baseball, and in the end it turns out that it was the other way around all the time. -- Jim BoutonThe long-time sportswriter for the Washington Post, Thomas Boswell, wrote a timeless piece collected in a book of the same name, Why Time Begins On Opening Day, published in 1984. Boswell muses on the "resolute grasp" that baseball maintains for so many of us" and why our "affection for the game has held steady for decades, maybe even grown with age." He asks what baseball is doing among our other "first-rate passions." And, indeed, when one looks over the posts on this blog, it could seem incongruous to have baseball up there with such serious and important issues as social justice, civil rights and capital punishment.Boswell explains that "in contrast to the unwieldy world which we hold in common, baseball offers a kingdom built to human scale. Its problems and…
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