If you ask most people they will say that twins must have the same father, but that’s not actually true. There have been several recent cases where a woman had sexual intercourse with two men within a few days of the other, and when her twins arrived they were nothing like each other. Charlotte Hilbrandt of Denmark was divorced from her husband and jumped back into the dating game. She met a man she fancied and they were sexually intimate. Meanwhile her ex-husband never gave up the notion they may reconcile and a few days later, on New Year’s Day, the couple reconnected and ended up in bed together. Some weeks later Charlotte discovered she was pregnant and would have twins. Deciding honesty was the best policy she told her husband Michael and her new boyfriend Tommy of the situation and admitted she did not know who the father of her twins was. Michael was delighted hoping that the addition of twins to the family would cement a reconciliation and Tommy had longed…
One in a Billion: Twins are Actually Half-Brothers
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Police Roadside Stop Hell – Not so Fast says U.S. Supreme Court
Intentionally Prolonged police traffic stops so they can wait for drug-sniffing dogs were a nice try but not kosher if you are following the United States Constitution. The U.S. Supreme Court called a Foul for law enforcement to engage in prolonged vehicle stops on the side of the road, which is equivalent to an arrest without probable cause – the bare legal minimum for an arrest. In Rodriguez v. United States, Justice Ruth Ginsburg wrote for the majority in a 6 to 3 vote: “A police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures,” The police overreach began on a midnight ride through the quaint state of Nebraska. Dennys Rodriguez driving his Mercury Mountaineer allegedly veered onto the shoulder of a state highway, unfortunately into the watchful gaze of Nebraska’s finest. Officer Morgan Struble pulled the car over, otherwise known as performing a…
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Defendants move for summary judgment...cont
The doctor noted that in 2004 the plaintiff underwent a left femoro-popliteal by-pass for severe peripheral arterial disease in his lower left extremity. The surgeon explained that the majority of these grafts fail within three to five years. After the graft by-pass, the plaintiff went to the hospital complaining of left leg pain and swelling on August 23, 2004; September 10 and 15, 2004; April 17, 2005; May 2, 2005; November 14, 2005; January 22, 2007 and May 4, 2007. The Court notes that in medical records for May 4, 2007, approximately one month before the alleged fall, the plaintiff complained of pain and discoloration of both lower extremities. The surgeon further noted that the Jacobi Medical Center records for the plaintiff's June 17, 2007 admission, which is three days after the alleged fall, reflects that the plaintiff had not taken his Coumadin medication for two weeks. According to the defendant's expert, Coumadin is an anticoagulant prescribed to help…
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Baltimore’s Freddie Gray Case Reveals Ease of Probable Cause Arrests in Stamford, Darien & Greenwich Connecticut
This past April 2015, Freddie Gray suffered a fatal spinal cord injury while in police custody—stirring a national debate about police brutality, federal civil rights violations, and allegations of racial discrimination by law enforcement. After an investigation into Gray’s death, Baltimore City’s State’s Attorney Marilyn Mosby ruled Gray’s death a homicide and filed charges against 6 Baltimore police officers for manslaughter and related charges. As the best Stamford Connecticut criminal lawyers and Greenwich Connecticut criminal attorneys understand, however, while filing these charges may have provided some comfort and peace of mind to Gray’s supporters, it is only the first step in a long and protracted criminal justice process…. Maryland and Connecticut Arrests Still Require a Probable Cause Finding for Charges to Stick Although charges have been filed against the police officers involved in Gray’s death, Maryland law next…
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The Proper Handling of Indecent and Aggravated Indecent Exposure Charges
A unique and specialized part of my criminal practice involves handling Michigan indecent and aggravated indecent exposure (IE) cases in Macomb, Oakland and Wayne counties, as well as a few surrounding areas. I make no secret that my interest in this area springs from my undergraduate background in psychology and my post-graduate work in the field of addiction studies. Combined with my role as a criminal lawyer, I work hard in IE cases to make sure the court perceives my client as neither a dangerous criminal nor some kind of mentally unstable, mad flasher. It is very easy to go one way or the other with this; keeping the balance, however, requires a certain amount of deftness and skill, but it is absolutely necessary to produce the best outcome in any IE case. As a general rule, most people will "over-pathologize" indecent exposure situations, especially where a man has exposed himself in order to be seen. You can get a good idea of how nearly instinctive this…
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Michigan Criminal Lawyer - The Legal Conscience
One of the praises that's often heaped on a good lawyer (or anyone, for that matter) is that he or she is "caring." No one would argue that caring about your work, no matter what you do for a living, is an important part of doing well. A brilliant musician practices endlessly; a top-level athlete does the same. In the learned occupations, however, we are taught that it is necessary to maintain a certain "professional" distance from the client or patient. It is my belief that it is nearly impossible to get this just right. In my case, I know that the best I can hope for is to at least give the outward appearance of maintaining that distance, even though inside, I often taken matters to heart. This is part of my job for which there is and can be no compensation. In a manner of speaking, having a conscience can be a pain. It means fighting hard, but smart, in every DUI case. In driver's license restoration cases, it means only accepting…
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What to do if Arrested at OUI Roadblock in Westboro?
What happens if you are arrested at an OUI roadblock in Westboro, Massachusetts? In this Blog, I will explains the three things you need to know to confront the charge. First, understand that your first court appearance will be for arraignment. This is not a date that the court expect you to resolve the case, but a date for you to be notified of the charge and you will receive another court date for a pretrial conference. Second, many OUI Roadblocks are winnable at trial. With no evidence of erratic driving, but in fact evidence of safe driving that assist you in your defense, the Government is at a substantial disadvantage in prosecuting the case against you. What evidence will the Commonwealth rely on? With no evidence of erratic driving, the Commonwealth will have to rely almost solely on field sobriety tests, which are inaccurate, unreliable and subject to many attacks as unfair and not showing someone is under the influence of alcohol. In addition to…
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Supervised release provision requiring warrant or summons to issue before expiration of term is jurisdictional.
United States v. Merlino, No. 14-4341, 2015 WL 2059594 (3d Cir. May 5, 2015). In this appeal, involving the reputed former head of the Philadelphia La Cosa Nostra, the Court decided that 18 U.S.C. § 3583(i) is a jurisdictional statute requiring that a warrant or summons must issue before the expiration of supervised release in order for a District Court to conduct revocation proceedings. Because the summons here was issued after the termination of supervised release, the Court concluded that the District Court lacked subject-matter jurisdiction to revoke supervised release, it vacated the order revoking supervised release and imposing a prison term on Merlino (note: Merlino had commenced serving his 4-month term on January 15, 2015). Merlino’s three-year term of supervised release began on September 7, 2011. On June 18, 2014, law enforcement saw him at a cigar bar in Boca Raton, Florida, talking with several convicted felons, including a former…
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Binford on Compensation for Child Pornography Victims
Warren Binford (Willamette University College of Law) has posted A Global Survey of Country Efforts to Ensure Compensation for Child Pornography Victims (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: This article summarizes the results...
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Crash in Twin Falls County near Hansen Bridge partially blocks traffic.
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: 5/9/2015 - 6:30 pm Please direct questions to the District Office On Saturday, May 9th, 2015 at approximately 4:27 pm, Idaho State Police investigated a crash on Idaho Highway 50 near the Hansen Bridge in Twin Falls County. Alan Banks, age 58, of Boise, was driving a 2012 Mack truck tractor pulling a homemade trailer. Banks was traveling eastbound on Idaho Highway 50 near milepost 4, approaching the Hansen Bridge, when he came upon a stationary vehicle in the eastbound lane waiting to turn left into the scenic overlook site. Banks steered his truck-trailer to the right to avoid a collision and made contact with the guard rail on the side of the highway. The eastbound…
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100 Deadliest Days "One Team Event"
100 Deadliest Days "One Team Event" The Idaho State Police District 2 would like to invite the media to a "One Team Event" on May 15, 2015, at 9:30 AM. This event is to raise awareness for the upcoming "100 Deadliest Days of Driving" and involves area police chiefs, sheriffs, law enforcement officers and prosecutors who will be competing on a closed driving course that simulates the three primary causes of serious injury and fatal crashes; distracted driving, impaired driving and aggressive driving. The theme of the event will be 'Competition on a controlled driving course between agency leaders but a one team approach saving lives.' There will be winners announced for fastest time, safest time and most cones struck. This event will run from 9:30 AM to 11:30 AM (approximately) at the Lewis-Clark State College Workforce Training Center located at 1920 3rd Avenue North in Lewiston. Questions can be referred to ISP Sgt. Rich Adamson at…
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Random Musings on Trying a Child Sex Abuse Case
by Jill Paperno, Esq., author of Representing the Accused:A Practical Guide to Criminal Defense A while back, after I completed a child sex trial, I wrote a post on this site as to Tactics to Consider in Trying a Child Sex Case. After a few years more experience, including a child sex trial this past week, there are some additional tactics and strategies I would like to share.There are certain things we can expect in a child sex abuse case. Particular types of arguments and proof seem to consistently make their way into these cases. The best way to handle these issues is to anticipate them and try to address them in advance, or at least be prepared at trial. The following are some common tactics and suggestions for ways of handling them:Before trial1. The defendant’s statement indicates he was the subject of sex abuse as a child: Investigators routinely elicit this information from defendants, perhaps in an effort to…
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Crash at N. Parks Rd. and W. Buckskin Rd. Bannock County
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: May 9, 2015 7:05 p.m. Please direct questions to the District Office Idaho State Police is currently investigating a crash near the intersection of N. Parks Road and W. Buckskin Road, in Bannock County. Motorists are advised to avoid this area if possible until the crash has been cleared. BJ/KS -------------
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Your Tax Dollars at Work at the Justice Department
I think it was a couple of years ago that a staffer for an influential United States Senator told me face-to-face that the country needed sentencing "reform" because there simply is not enough money in DOJ's budget to afford incarceration at the present levels.There is, however, enough money for this. Eric Holder outdoes Narcissus by a country mile.It's an embarrassment. There's no other way to put it. I can't say I "know" Michael Mukasey exactly, but it's beyond comprehension that Judge Mukasey would have allowed, much less participated in, a display like this.The cost argument for the Smarter Sentencing Act was always so much tripe (since this Administration, like past ones, simply borrows to finance things it actually cares about), but putting tax dollars into gushing self-congratulation drives home the point like nothing else.
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Question: Who Principally Benefits When the Police Are Intimidated?
Answer: Criminals.As the Baltimore Sun reports:As the number of shootings and homicides has surged in Baltimore, some police officers say they feel hesitant on the job under intense public scrutiny and in the wake of criminal charges against six officers in the Freddie Gray case****"In 29 years, I've gone through some bad times, but I've never seen it this bad," said Lt. Kenneth Butler, president of the Vanguard Justice Society, a group for black Baltimore police officers. Officers "feel as though the state's attorney will hang them out to dry."Several officers said in interviews they are concerned crime could spike as officers are hesitant to do their jobs, and criminals sense opportunity. Butler, a shift commander in the Southern District, said his officers are expressing reluctance to go after crime."I'm hearing it from guys who were go-getters, who would go out here and get the guns and the bad guys and drugs. They're…
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Oral Argument: Rodriguez v. United States (United States Supreme Court)
Rodriguez v. United States is a case that analyzes the illegal continuing detention of a driver in order for police to conduct a dog sniff search around the vehicle.The Court holds that there was an illegal detention because the dog sniff happened after the officer completed the traffic stop. The officer initially stopped the driver in this case for a broken taillight violation.Here, the Court holds that even though the dog sniff only added eight or nine minutes to the stop, the drugs that were ultimately found in the car must be suppressed because the additional eight to nine minute detainment was unlawful and no reasonable suspicion was evident that the driver possessed drugsGreat oral argument, as you can here the Justices become frustrated with the advocates and, at times, with each other.Here is the link to the oral argument:www.supremecourt.gov/oral_arguments/audio/2014/13-9972Here is the link to opinion in the case, which was authored by Justice…
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Selbstleseverfahren, Band 109
Unser juristischer Wochenrückblick im Selbstleseverfahren Foto: PlaceIt.net Über die Befangenheit von Richtern Thomas Middelhoffs sündhaft teure Anwälte? „Besser mit dem Unrecht seinen Frieden schließen“ DEAG: Wirtschaftsprüfer sehen hohe Risiken durch Rockfestivals Inneres Gefängnis Tatort-Begehung im Fall Kiesewetter: Fragwürdige Zeugen Lieber sterben als hier leben? Das BVerfG als Ersatzbesoldungsgesetzgeber Die intellektuelle Rückabwicklung bei der FAZ Und zu guter letzt: JuraBlogs wird kostenpflichtig — Hinweis: Wir haben unsere Feed-Adresse aktualisiert: http://www.strafakte.de/feed/ Bitte aktualisieren Sie die Adresse demnächst in Ihrem Feed-Reader, um sicherzustellen, dass Sie auch weiterhin den Feed erhalten. © Strafakte.de: Twitter — Facebook — Google + | Impressum Der Eintrag Selbstleseverfahren, Band 109 erschien im Original: Strafakte.de
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Insurance Fraud Scandal in New York’s Russian Foreign Ministry
For the past six months, New York prosecutors and the FBI have collected evidence concerning health insurance fraud, perpetrated by Russian diplomats. They are now confident that they have enough evidence to mount a solid case. According to Prosecutor Preet Bharara, the diplomats falsified income statements and other information regarding marital status and nationality to gain access to cheaper health insurance. The prosecutors provided the media with the names of 49 Russian diplomats and their family members who were involved in the scandal. It regards members such as the Consulate General and the Russian Delegate to the UN, as well as other members of the diplomatic community who have since left the United States. Of the 49 diplomats accused, only 11 remain in the United States. The fraudulent scheme has been in place since 2004 and has cost the US treasury approximately half a million dollars. Officials from Moscow stated that any…
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Sharp Words (Oberlin Choir Update)
In anticipation of the presentation of Christina Hoff Sommers at Oberlin College, a gaggle of students sent a “love letter to themselves” to the college newspaper. It was, as propriety demands, preceded by a trigger warning: Content Warning: This letter contains discussion of rape culture, online harassment, victim blaming and rape apologism/denialism. It’s a good thing this trigger warning was included, as it distinguished this anticipatory condemnation from the brutal trauma of actually hearing words before deciding they’re worthy of condemnation. Then again, thinking is so old school, when there are feelings to be felt. In any event, the love letter was the stuff of banal childish gender politics, of no importance beyond serving as the punchline for a joke to be named later, involving safe spaces, puppies and Play-Doh. Except, perhaps for this one line: Her talk is happening, so let’s pull together in the face of this violence and…
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Name That Vertical, The Contest
As some of you know, I have been writing posts and doing videos for my pal, Lee Pacchia, at Mimesis Law. The idea is to create a legal news website based on substance rather than clickbait or the fluffiness that’s permeated so many other websites that make people stupider. It will include different practice niches, and may well give the sort of people who go to the Puddle to learn how to be a lawyer a terrible headache. We can only hope, anyway. So what’s a “vertical”? It’s one of those cool, businessguy-type words that Lee likes to use to prove he’s not just another pretty face. In this instance, it’s going to be the criminal justice piece of Mimesis, kind of a cable channel for criminal law. Think Velocity or Food Network, limited in scope and focused on one thing. But it needs a name. No, SJ can’t be the name, because it’s the name here. Move on. The name should convey its substance,…
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