Page 682 666 N.Y.S.2d 682 245 A.D.2d 509, 1997 N.Y. Slip Op. 11,152 In the Matter of ALICIA SHANTE H. (Anonymous) and Lenette Faye H. (Anonymous). Clifford H. (Anonymous), Appellant; St. Christopher-Ottilie, Respondent. Supreme Court, Appellate Division, Second Department. Dec. 22, 1997. Page 683 Steven Greenfield, Great Neck, for appellant. Carrieri & Carrieri, P.C., Mineola (Joseph R. Carrieri and Ralph R. Carrieri, of counsel), for respondent. Jane M. Spinak, New York City (Emily Kitay, of counsel), Law Guardian for the children. Before O'BRIEN J.P., and PIZZUTO, FRIEDMANN and KRAUSMAN, JJ. MEMORANDUM BY THE COURT. In two proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals from so much of (1) an order of disposition of the Family Court, Queens County (Lubow, J.), dated January 25, 1996, as, after a fact-finding hearing, terminated his parental rights with respect to his…
ORDERED that the orders are affirmed insofar as appealed from
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Fatality Crash SH6@34.4
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 ONE CASE # C15001065 --------------------- PRESS RELEASE ----------------------------- DATE: 06/26/2015 TIME: 06:09 LOCATION: EB SH6@34.4 ASSISTING AGENCIES: Benewah County Sheriff's Office VEHICLE #1 ------------- DRIVER Danny Boyd AGE 49 ADDRESS Lewiston, ID INJURIES? - Fatal HOSPITAL/LOCATION TAKEN N/A VEHICLE YEAR 1985 VEHICLE MAKE Kenworth VEHICLE MODEL Tractor and log trailer WRECKER Buell Trucking SEATBELTS/HELMET WORN? No INCIDENT NARRATIVE: Boyd was…
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News Scan
Baltimore's Deadliest Month in 15 Years: Over the weekend in Baltimore, 29 people were shot - nine of them fatally - in what has become the city's deadliest month since 1999. Fox News reports that violence has been reported in every part of the city and no neighborhood is immune. In the month of May alone, 35 people have been murdered, with a total of 108 homicides for the year. Border Still Wide Open: Border Patrol agents have been trying, in vain, to stop the flow of illegals but "open border initiatives" have allowed for the continuous flow of illegal immigrants and drugs across our southern border with Mexico. Bob Casimiro, former executive director of Massachusetts for Immigration Reform, has this piece in the Bangor Daily News describing two Arizona groups, the Arizona Border Defendants and the Arizona Border Recon, trying to secure the border by "augmenting what the Border Patrol does." It is estimated…
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Johnson on The Blackstone Principle
Joel S. Johnson has posted Benefits of Error: A Dynamic Defense of the Blackstone Principle in Criminal Law (Virginia Law Review, Vol. 102, 2016, Forthcoming) on SSRN. Here is the abstract: William Blackstone wrote, "[B]etter that ten guilty persons escape,...
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LUNCH & LEARN
FREE CLELUNCH & LEARNGO. EAT. LEARN. Site Feed
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Shouldn't I Have Gotten a Ticket?
Someone calls me on the phone for a consult. They tell me, "Richard I was pulled over for not using my turn signal. When they asked for my driver's license they said they smelled marijuana. They got me out of the car. They asked if they could search and I said sure. The cop searched and found a crack pipe and some old Xanax. They never found any weed. Now I'm charged with possession of drug paraphernalia and misdemeanor possession of controlled substance. " The next thing they say is "I didn't get a ticket for the failure to use a turn signal. Also, they didn't find my weed since I smoked it all. Can't we just get it all thrown out? After all, they stop was bogus or I would gotten a ticket. " Just because you don't get a ticket doesn't mean that you walk on the other two charges. The cop has discretion in deciding which charges to file. If he didn't find something else, and you passed the attitude test (I.e. you were…
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The Speech
Must watch.Inspirational.Great points all the way around.https://www.youtube.com/watch?v=yK0H6JApRlo
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DRIVER IS CHARGED WITH NEGLIGENT DRIVING AFTER CRASHING INTO SIX WOMEN IN ORLEANS
It is easy for most of us to condemn a drunk driver. One should not drink alcohol and drive. That’s pretty clear. Sometimes, though, the lines are a bit blurrier when it comes to questions of safe driving. Take the recent case of a 65-year-old man from New York who just plowed into six pedestrians in East Orleans on Sunday. Police say he may have fallen asleep while driving. Orleans Police Lt. Kevin Higgins says that the man was headed toward Nauset Beach on Beach Road and was rounding the corner at the intersection with Nauset Heights Road when it appears he fell asleep. Higgins said it was as if he didn’t straighten the wheel to proceed down toward Nauset Beach, but instead continued the turn, hitting six of seven pedestrians who had their back to traffic and were walking on the right side of the road. “It was a just a terrible accident,” said Higgins, adding that he could just have easily hit a tree. “There happened to be seven people…
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Pennsylvania Moves Up Bicycle-Friendly States Ranking
Bicycle and pedestrian safety initiatives are key to keeping everyone safe on the road. The state of Pennsylvania has made big gains in terms of its policies regarding cyclists’ safety and has moved up in the ranks of bicycle-friendly states.Pennsylvania Climbs in RankingIn the year 2014, Pennsylvania was ranked as number 19 in the nation in terms of bicycle-friendliness, with a score of 41.4 points, as given by the League of American Bicyclists. But the state has made some major gains. In 2015, its score has risen to 47.9, putting it in 12th place rather than 19th.The state trails behind New Jersey, Maryland, and Wisconsin in terms of ranking; Washington, Minnesota, and Delaware are ranked first, second, and third respectively.In 2013, the state of Pennsylvania passed Act 89, which has helped to improve its ranking. Act 89 allocated more money to important infrastructure changes, including at least $2 million to biking and walking projects.Areas Where the State Could…
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Neb. Gov. Vetoes DP Repeal, Seeks Votes to Sustain
AP reports that Nebraska Governor Pete Ricketts has vetoed a bill to repeal the death penalty that passed the one-house legislature 32-15. He needs to change three votes to have his veto sustained.But some lawmakers said they still believed the veto could be sustained -- and at least one senator who previously voted for the repeal said Tuesday he had changed his mind."You wouldn't see an effort like this if all hope was lost," said Sen. Beau McCoy, an Omaha Republican who supports capital punishment.Sen. Jerry Johnson, a Republican who voted for the repeal, said he decided to switch votes because he believes the new governor's administration needs more time to carry out an execution. Johnson said he took calls all weekend from constituents who support the death penalty.For opposing repeal efforts nationwide, it is important that supporters of the death penalty take an active stance in pushing reforms, not just opposing repeal. The opponents are…
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Today's criminal law/procedure cert grants
Issue summaries are from ScotusBlog, which also links to papers: Foster v. Humphrey: Whether the Georgia courts erred in failing to recognize race discrimination under Batson v. Kentucky in the extraordinary circumstances of this death penalty case. Lockhart v. United...
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Will The Legal Drinking Age in Minnesota Be Lowered?
The United States is among a handful of countries with a minimum legal drinking age of 21. Most other countries have set the minimum drinking age at 18 years old. President Reagan signed the National Minimum Drinking Age Act of 1984, obliging all states to make 21 the legal drinking age or face a 10 percent reduction in their federal highway funding otherwise. As of 1995, all 50 states and the District of Columbia have complied. Minnesota lawmakers, however, have been toying with the idea of changing the state’s … [Read more...] The post Will The Legal Drinking Age in Minnesota Be Lowered? appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Yates v. United States: Overcoming Plain Meaning
As we enter the home stretch of the Supreme Court term, I have been reviewing the criminal cases already decided by the Court this year. For my money, the most interesting is Yates v. United States, which presents a classic statutory interpretation problem. This was the fish case that got a fair amount of whimsical press coverage when it came out. Even the Justices proved incapable of avoiding fish puns in their opinions, but I’ll do my best not to get caught in that net. (Oops.) Yates captained a commercial fishing vessel that was catching undersized grouper in violation of federal law. Following an inspection, some of the illegal catch was thrown back into the sea on Yates’s orders, presumably to avoid penalties. Yates was eventually convicted under 18 U.S.C. §1519, which authorizes a prison term of up to twenty years for anyone who “knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document or…
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To Play the Race Card or Not to Play the Race Card? That is the Question.
I had not planned on talking more about this issue but after being asked some really interesting questions I couldn’t stop thinking about it. It gets so complicated. The best question was whether it is EVER possible to “play the race card”? Of course it is. The problem is that for every time someone “plays the race card” you have twenty people accusing them of playing the race card without justification. Which is the entire problem. Quite frankly, I personally believe that most people who accuse someone of playing the race card are probably racist at some level, if not overtly, then subconsciously. At the very least, they do not have a very nuanced worldview. However, since playing the race card has come to mean falsely accusing someone of being a racist, then saying someone is “playing the race card” when they are calling an actual racist a racist is to falsely accuse someone of falsely accusing someone of being racist. Everything…
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Judge Kopf Can Sleep Better Now!
Nebraska abolishes the death penalty.Led by Ernie Chambers, the legislature overrides veto by vote of 30-19.Sleep tight, Judge.
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Nebraska legislature, with every vote counting, repeals death penalty by overriding Gov veto
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Minnesota Lowers the Legal Limit For Driving While Intoxicated
Regular followers of our blog know that earlier this year we were carefully tracking the Minnesota Legislature's proposed changes to our DWI laws. The Minnesota legislature put together a final bill for Governor Dayton's signature dealing with a wide variety of topics - but the one we noticed right away was the decision to lower Minnesota's DWI legal limit. Assuming this bill is signed by the governor, it will go into effect on August 1 of this year, and will drop the "enhanced" DWI legal limit from 0.20 to 0.16. So while this isn't the (bound to happen) drop from 0.08 to 0.05 that will likely happen sooner rather than later, it does mean that a lot more drivers who are arrested for DWI will be facing a gross misdemeanor offense versus a misdemeanor. When Minnesota last dropped the legal limit - from 0.10 to 0.08 - the House of Representatives put together a very interesting research memorandum that is interesting to read even today. We…
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What are the rules for crossing an unmarked crosswalk in New Jersey?
To cross an unmarked crosswalk in New Jersey, pedestrians must stop and look both ways and may cross when the traffic clears or the signals turn in their favor (green in the direction you are walking). The state of New Jersey implements strict laws regarding when motorists must yield to pedestrians. And, the state also is steadfast in its laws governing when and where pedestrians are allowed to cross the road. The following takes a look at the rules for pedestrians when crossing in an unmarked crosswalk in New Jersey.What is an unmarked crosswalk?Where two roads cross at an intersection, pedestrians are allowed to walk even if not explicitly marked by white lines. By law, drivers in New Jersey must stop for pedestrians in both marked and unmarked crossing areas, assuming that pedestrians have the right of way per traffic signals. Marked areas are usually at busy intersections; unmarked crosswalks may be at less heavily trafficked crossing areas.Pedestrians Must Cross With…
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Accelerated Resolution Court Act Seek to Get Cook County Inmates Out of Jail
The Illinois Senate unanimously passed a bill that would move petty, non-violent offenders out of the Cook County jail system on an expedited basis. The bill, which creates a pilot program in the Cook County Jail, is aimed at releasing low-level offenders of crimes such as retail theft and criminal trespass from jail within 30 days of booking. It now moves on to the House. Chicago “Rocket Docket” Bill The Accelerated Resolution Court Act, or the “Rocket Docket” bill, was pressed by Cook County Sheriff Thomas J. Dart as a means of relieving the high taxpayer cost associated with incarceration and minimizing the inequity faced by defendants charged with petty, non-violent crimes. Often times, low-level offenders spend an outrageous amount of time in jail for their crimes not because they pose a risk to society, but because they cannot afford to post bond. To highlight the need, Sheriff Dart posts weekly case studies that highlight the amount of time…
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Nebraska Legislature Overrides Governor's Veto
With no votes to spare, the Nebraska legislature overrode the Governor's veto, and its bill abolishing the death penalty became law.This is an unwise decision, for reasons noted many times on this blog. In some ways, however, it makes little practical difference; Nebraska had executed a grand total of three convicts in the last fifty years. In that sense, the legislature abolished what was barely there anyway.Still, the decision has moral consequence -- so much so that, in my view, the voters should pass on it themselves, as Oregon voters did in both the general elections of 1978 and again in 1984 (the latter to effectively overrule a state Supreme Court decision that invalidated the state's death penalty statute). The people of California also voted to retain the death penalty in the 2012 election, despite its costs and a well-financed (and deceptive) campaign against it.The voters should have the last say, and I hope Nebraska law…
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