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Ehrman on Pay-to-Play Daily Fantasy Sports

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Nathaniel J Ehrman has posted Out of Bounds?: A Legal Analysis of Pay-to-Play Daily Fantasy Sports (The Sports Lawyers Journal, Vol. 22, p. 79, 2015) on SSRN. Here is the abstract: Daily fantasy sports are one of the fastest growing,...

FBI Admits to Decades of Flawed Testimony

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Many criminal trials involve the presentation of evidence which has been analyzed at a law enforcement laboratory and is then offered into testimony by a person who is somehow associated with that laboratory. Our legal system is based on the fact that the expert is qualified in performing that analysis, and that the testimony, which is then entered into evidence, is based on knowledge and truth. However, a recent admission by the U.S. Department of Justice (DOJ) decades of flawed FBI testimony raises questions on the legality of hundreds – if not thousands – of guilty convictions. According to a statement released by the DOJ, there have been approximately 1,500 cases identified as requiring a review after determining that FBI experts from the agency’s microscopic hair comparison unit who testified at these trials overstated the existence of positive forensic matches. So far, the DOJ and FBI have reviewed 342 cases and found that the FBI provided flawed…

Prosecutors training law enforcement

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by Jessica Towne Prosecutors are re-training law enforcement officers in the wake of the Williams case. Prosecutors are telling officers to ask drivers: "Will you agree to a breath test?"  before reading them the implied consent warning.  If a driver outright agrees to take a blood or breath test before being read the implied consent warning, prosecutors think they can use that agreement as evidence of free and voluntary consent. Prosecutors may be encouraging officers to get search warrants, too. Many counties, including Gwinnett, have video kiosks at local police precincts so that officers can avoid the traffic and simply dial up a magistrate judge who will issue an electronic search warrant. Not so fast, prosecutors! Many Georgia courts have thrown out searches or found that consent to a search is invalid where the person who gives consent is too intoxicated to make an intelligent decision. How is this relevant in a DUI case? The prosecutor wants to…

Will the Garland Shooting Show Us An America We Can Believe In?

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Scale model of the statue of Liberty, in Paris, on the 10th anniversary of the opening of the prison at Guantanamo Bay, Cuba. Photo Credit: JOEL SAGET/AFP/Getty Images When I heard about the shooting in Garland, Texas, my first thought was: Is my family safe? I grew up in a town near Garland, and much of my family still lives there. I didn’t know who had been shot at or why, but I wanted to know if my loved ones were okay. They were. My second thought was less urgent: it was just a nostalgia for my hometown in Texas. Its treeless freeways and strip shopping malls were bland. But the people where I grew up were kind and inviting – even the teenagers, and even when it came to people like me. I was the first generation of my family to be born on U.S. soil, and I was raised a Muslim. That identity affected me deeply, but it didn’t make me a pariah. I went to prom; I was co-editor of the yearbook; I made some of the best friends of my life. I wonder if…

Common Sense Prevails

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If you are a convicted murderer serving a life sentence, well, sorry, you cannot force the taxpayers to cough up the gigantic bill for the sex change operation you declined to pay for yourself before you went to prison.  The Boston Globe has the story.The en banc First Circuit reversed a district judge who would have forced the government to pony up for this, and today the SCOTUS denied cert.  No dissents noted.I'm assuming those who relentlessly decry the high cost of incarceration will applaud today's result.

Seth Gilliam arrested in Peachtree City

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Actor Seth Gilliam was arrested early Sunday morning after the police stopped him for speeding. I bet his lawyer wished he had done things a little differently after his stop. After clocking Gilliam driving 107mph in a 55 zone (super speeder, and then some!), the officer stated he smelled booze and asked Gilliam if he had been drinking. Gilliam allegedly admitted to having had three beers and a shot, and registered a 0.107 BAC. The Walking Dead star dug his own grave if this is true. Officers nearly always say they smell booze when they stop someone at 2am. And often, it's a good guess. But as any good DUI defense lawyer will tell you, this statement is full of holes. Alcohol has no odor, so what exactly did the officer smell? More importantly, why, why, why, did Gilliam say anything at all? Why did he agree to the breath test? Then, because the officer was having an excellent stop, he discovered he smelled marijuana! The officer found a joint. Sounds like the searched…

Death Penalty Imperialism and Censorship in the EU

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Pablo Gorondi reports for AP that the prime minister of Hungary is in hot water with the European Union over the death penalty.  What did he do, you might ask.  Did he restore it in Hungary?  Did it propose its restoration?  No, he did not.He only suggested that the topic be up for debate.  And that is enough to produce a thunderstorm of condemnation in today's PC EU."In relation to Brussels, a debate about democracy has come about," Orban said in an interview on Echo TV. "Where are we living? In the Middle Ages, where they declare that there are taboos which are not worthy of debate?"It is quite bad enough that the EU has bludgeoned smaller and poorer countries into abolition as a part of the price for the economic advantages of joining the big EU market, but to dictate to countries what they are even allowed to discuss -- and then claim that this censorship is in the name of "human rights" -- is gross…

Can I get a deferred sentence on a DUI?

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No. Unfortunately, A Municipal or District Court cannot not defer sentence for an offense sentenced under RCW 46.61.5055 (DUI or Physical Control.) A few Judges have done so which typically results in an automatic appeal by the prosecutor. A deferred...

Freddie Gray Thread

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Our open thread is filling up with comments pertaining to the Freddie Gray case, leaving little room for other topics. Here's a thread just for the Freddie Gray case. So please put new comments about the case here, rather than in the open... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Education Today

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Here is a news item pointed out by Eugene Volokh:BOSTON--Saying that such a dialogue was essential to the college's academic mission, Trescott University president Kevin Abrams confirmed Monday that the school encourages a lively exchange of one idea. "As an institution of higher learning, we recognize that it's inevitable that certain contentious topics will come up from time to time, and when they do, we want to create an atmosphere where both students and faculty feel comfortable voicing a single homogeneous opinion," said Abrams, adding that no matter the subject, anyone on campus is always welcome to add their support to the accepted consensus. "Whether it's a discussion of a national political issue or a concern here on campus, an open forum in which one argument is uniformly reinforced is crucial for maintaining the exceptional learning environment we have cultivated here." Abrams told reporters that counseling resources were available…

District 1 Injury Crash US95 at MP 470.5

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT 1 CASE # C15000924 --------------------- PRESS RELEASE ----------------------------- DATE: 5/5/2015 TIME: 3:43 PM LOCATION: Southbound US 95 MP 470.5 ASSISTING AGENCIES: Bonner County Sheriffs Office VEHICLE #1 DRIVER Gary Ralph AGE 49 ADDRESS Sagle INJURIES Yes HOSPITAL/LOCATION TAKEN Bonner General VEHICLE YEAR 1985 VEHICLE MAKE Ford VEHICLE MODEL 4wd Truck WRECKER A-1 Towing SEATBELTS/HELMET WORN No VEHICLE #2 DRIVER John Courtney AGE 35…

Crash blocking eastbound lanes I84 at 146

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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: 05/05/2015 8:20 p.m. Please direct questions to the District Office At this time, the Idaho State Police is investigating a single vehicle crash eastbound Interstate 84 at milepost 146, west of Wendell. Both eastbound lanes are completely blocked. Motorists are encouraged to avoid the area if possible and to use an alternate route of travel. More information will be released as it becomes available. KM/KJ -------------

Amateur Hour in Baltimore

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I have previously discussed, see, e.g., here and here, the ideologically driven, grandstanding performance of Baltimore State's Attorney Marilyn Mosby in announcing charges, including second degree murder, against six city police officers. Andy McCarthy, who was in charge of appeals for the USAO for SDNY at the same time (many years ago) I had that job for the EDVA, absolutely takes Ms. Mosby apart:At best, it is amateur hour.At worst, the rash decision by Marilyn Mosby, the Maryland state's attorney for Baltimore City, to bring an array of internally inconsistent charges, including murder, against a half dozen police officers in connection with the death of Freddie Gray is a frightening display of state complicity in mob justice. Three of the arrested officers, including the one facing the most severe charge of second-degree murder, are African-American. We'd better hope that black cops' lives matter.I was attending a conference on Friday. It was…

Court Decides Robbery, Manslaughter Case

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A New York Criminal Lawyer the appeal by defendant from a judgment of the County Court, Nassau County, rendered May 24, 1977, convicting him of manslaughter in the first degree and robbery in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant's motion to suppress statements. Judgment reversed, on the law, motion granted, plea vacated, and case remitted to the County Court for further proceedings consistent herewith. A New York Robbery Lawyer said that on February 18, 1976 the defendant and his accomplice, EF, entered the Tru-Value Gas Station in Farmingdale, Long Island, and ordered the 16-year-old attendant to hand over all of the money. The attendant gave them the money in the cash register. At this point, EF ordered the boy to kneel down facing away from the robbers. EF then shot him and the boy died shortly thereafter. A Nassau County Criminal Lawyer said that little more than a…

Satire vs. Reality

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Kent posted earlier today about how difficult it has become to tell satire from reality. His subject was what remains of freedom of speech on campus.In a matter of hours, I stumbled across the following.  It's from a New Age piece about how we can fix inequality.  The basic suggestion is that we should abolish the family, since childhood experience tells a good bit of the tale about where the kid will wind up.  And no, this is not something I made up.  Unfortunately, it's not satire, either:One way philosophers might think about solving the social justice problem would be by simply abolishing the family. If the family is this source of unfairness in society then it looks plausible to think that if we abolished the family there would be a more level playing field.''What we realised we needed was a way of thinking about what it was we wanted to allow parents to do for their children, and what it was that we didn't need to allow parents…

Update: Crash blocking eastbound lanes I84 at 146

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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: 05/05/2015 9:30 p.m. Please direct questions to the District Office *****Update***** Both eastbound lanes are now open. More information will be released once it becomes available. KM/KJ *****End of Update***** At this time, the Idaho State Police is investigating a single vehicle crash eastbound Interstate 84 at milepost 146, west of Wendell. Both eastbound lanes are completely blocked. Motorists are encouraged to avoid the area if possible and to use an alternate route of travel. More information will be released as it becomes available. KM/KJ -------------

Now what for Frank Freshwaters, captured 56 years after walking away from Ohio honor camp in 1959?

Boston bombing defense team turns to brain science in making mitigation case

Free Speech at the Ball Park

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Most of us probably do not even think of free speech while at the ball park.  Fans rooting for the home team as well as the away team purchase tickets and cheer on their team at the local venues, here in Arizona. Some media outlets recently reported that the Arizona Diamondbacks baseball team have instituted … Continue reading Free Speech at the Ball Park → The post Free Speech at the Ball Park appeared first on Arizona Common Law.

Radley Balko Weighs In on Crime Lab Corruption and Best Practices for Forensic Science

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In a piece published yesterday on The Washington Posts’s criminal justice blog “The Watch,” Radley Balko points to some pervasive incentive problems in state crime labs, and offers up suggestions for best practice reform. Referring to a number of cases in which state forensic analysts were incentivized by prosecutors to only report desired results or to obscure test results that did not support the prosecution’s case, Balko writes:   “Crime lab analysts are supposed to be neutral parties interested only in getting the science right. But the system is often structured in a way that makes them part of the prosecution’s ‘team.’ In fact in many jurisdictions, crime labs actually get paid per conviction, not per analysis—about as clear a perversion of objectivity as one can imagine.” Balko refers to suggestions put forth by Professor Roger Koppl, who is a faculty fellow in Syracuse University’s Forensic and…
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