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Idaho State Police Charge Driver with Vehicular Manslaughter

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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: 5/30/2015 8:45 p.m. Please direct questions to the District Office Update: Idaho State Police have arrested Joanne Christofferson, and are formally charging her with Felony Vehicular Manslaughter. She is incarcerated at the Bannock County Jail. SA / LL ***********FINAL UPDATE******************** On Friday, May 29, 2015, at 10:20am, the Idaho State Police investigated a two vehicle crash on US30 at milepost 333.5, near Pocatello. Joanne Christofferson, 29, of Pocatello, was traveling eastbound on US30, in a 1997 Mazda Protege, when she drifted into the westbound lane of travel, colliding with a 2005 Harley Davidson driven by Staci Shryock, 44, of Pocatello, who was traveling…

Can Working Long Hours Be Linked to Excessive Drinking?

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It is commonly accepted that long working hours and elevated stress levels can take a toll on a person’s health. Research now suggests that there may be also be a strong link between working long hours and excessive drinking. According to a comprehensive international study published in the British Medical Journal earlier this year, individuals who work 48 hours or more per week are more likely to excessively drink by 11 percent compared to individuals who work the standard week of roughly 35 to 40 hours. The data was gathered … [Read more...] The post Can Working Long Hours Be Linked to Excessive Drinking? appeared first on Minneapolis DWI Lawyer Douglas T. Kans.

Selbstleseverfahren, Band 112

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Jeden Sonntag neu: Unser juristischer Wochenrückblick im Selbstleseverfahren Foto: PlaceIt.net Der Strafprozess ist kein Zirkus Wer hat die Schuld? Der Staatsanwalt, gelenkt und geleitet Lieber Onkel, darf ich deine Mörder reinbringen? (noch in der Mediathek) Laien als Richter: „Gut, dass es diesen Quatsch gibt“ Auch das „falsche“ Sachverständigengutachten gehört in die Akte Zeugennöte Richterbund geht Vorratsdatenspeicherung nicht weit genug Zufriedenheit bei Anwälten: Die Jagd nach dem Unglück Heute: Tatort aus Münster – Rekord-Quote vorprogrammiert — 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 112…

BGer 6B_398/2014: Wann ist ein Beweismittel anlässlich der Wiederaufnahme des Strafverfahrens gem. Art. 323 StPO als neu zu betrachten?

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Die Staatsanwaltschaft verfügt gem. Art. 310 Abs. 1 StPO die Nichtanhandnahme, sobald aufgrund der Strafanzeige oder des Polizeirapports feststeht, dass die fraglichen Straftatbestände nicht erfüllt sind. Dem Beschuldigten konnte im vorliegenden Fall eine Beteiligung an einem Einbruchdiebstahl nicht nachgewiesen werden, obwohl eine vage Vermutung im Raum stand. Rund 20 Tage nach dem Erlass der Nichtanhandnahmeverfügung ging bei der Staatsanwaltschaft der Bericht der Polizei ein, wonach bei einem aktenkundigen Einbruchswerkzeug DNA-Spuren gefunden wurden. Sie verfügte noch am gleichen Tag die Wiederaufnahme des Strafverfahrens gem. Art. 323 StPO und argumentierte, es lägen neue Beweismittel vor, die zu einer anderen Beurteilung der entscheidenden Umstände als in der Nichtanhandnahmeverfügung führen würden.Das Obergericht des Kantons Bern hob diesen Entscheid mit der Begründung auf, dass bereits beim Erlass der…

Lending A Hand: Participatory Defense

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Remember that mother who came into your office to explain to you that her son was denied due process.  She was, if nothing else, impassioned, explaining all the reasons why her son should walk.  It was deeply moving. And legally worthless.  Had you brought the mother’s argument before the judge, whether in toto or selectively, you stood a good chance of a tongue-lashing for wasting the court’s time or being laugh out of the room. So let’s give that crap a name, wrap it up in social justice rhetoric, and make it into a thing.  That’s what David Bornstein does in the New York Times Opinionator column, where he pushes the new concept of “participatory defense,” with special praise for the Cobarrubias Project.  Never heard of it? The “what is participatory defense” section of their website begins with an anecdote, already a dead giveaway that’s conceptually vapid and is grounded in an appeal to…

About That Sentencing Commission

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In 2010, New York’s Chief Judge Jonathan Lippman formed a commission. You remember, right? No? Well, of course not, because nobody gives a flying fuck about another commission, on which blue ribbon types serve and, years later, come up with ideas that no one cares about. Officialdom loves commissions. Nobody else cares. But this commission was ahead of the curve.  It’s mandate was to simplify and make more transparent the New York criminal law sentencing scheme, which has gone through knee-jerk twists and turns since George Pataki decided that he needed to be tough on crime to get re-elected. New York’s body of sentencing laws is a patchwork, with the history of the state’s changing politics woven into it and over it.  As a result, the new report says, sentencing is “confusing and misleading” for prisoners and victims alike. Historically, New York State’s sentences were all indeterminate: a judge could hand down a range of…

Must See: Bernard Kerik's C-Span Interview

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Former top cop of New York who was sent to federal prison for tax evasion speaks about his time in prison and lessons learned during his time behind bars.This video is a must watch for policy makers, legislators, judges, and prosecutors.Keri's ideas and insights are spot on. http://www.c-span.org/video/?325685-3/washington-journal-former-nyc-police-commissioner-bernard-kerik

Know Your Rights - Police Can't Take a Blood Test Without Your Consent, or a Warrant

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Police officers have a tough job. They get paid to ferret out crime and enforce the law, but often seem to have their hands tied behind them by everyone's civil rights. In the course of their job, they have to walk a fine line between working hard to nab bad guys, and working too hard to nab bad guys – they have to keep people safe from crime, but, at the same time, they can't go overboard and make people feel unsafe by violating their constitutional rights. This is the exact dilemma that our Constitution envisioned, when it was made to include the Fourth Amendment, which guarantees our freedom from being subjected to unreasonable searches and seizures. This knife edge that police have to walk on, however, disappears when you don't know your constitutional rights. Police can ask to search in lots of places, and can get away with it if you say “yes.” These are called “consent searches,” and are the basis for a lot of arrests and…

Sentencing message sent: blazing a Silk Road for drugs gets you LWOP

Anita Sarkeesian's Unknown Ghost Writer Shows Power of Female Privilege

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Most of you have never heard of Josh McIntosh, the male ghost writer behind media powerhouse Feminist Frequency. Yet most of you, especially those familiar with GamerGate, are familiar with the smiling face of Fem Freq - Anita Sarkeesian. Would Josh McIntosh, a straight white man, exert such influence if he did not ghost write Anita Sarkeesian Tweets, script her cultural critiques of vidoe games, and produce her YouTube videos? If male privilege is real, why does Josh McIntosh have to put words into Anita Sarkeesian's mouth in order to have any relevance?   Click below for a better resolution image. No doubts femfreq is just a puppet for radicalbytes to pass off his propaganda as coming from a woman. #GamerGate pic.twitter.com/NbH3LBdF73— Doctor Ethics (@ItalyGG) May 31, 2015

Pro Wakeboarder Identified After Robbing 7-Eleven in Shirt With Sponsor's Logo

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As our Delray Beach and Deerfield Beach criminal defense lawyers know, one professional wakeboarder learned in Orlando this past week that wearing a shirt with your known sponsor's logo on it while robbing a store probably isn't a good idea if your goal is to get away with the crime. Law enforcement agencies use all sorts of tools in hunting down individuals who break the law; some of the most useful resources at their disposal are tips they receive from the general public. Because Michael Kyle Evans is somewhat well-known (at least among pro wakeboarding enthusiasts), tipsters were able to identify him by his sponsor-branded wakeboarding shirt.

Defense Attorneys For Finding Of Value Of Stolen Property As Part Of A Verdict (O.R.C. 2913.61) In The Cleveland, Ohio Area

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Defense Attorney Providing Help For Those Facing Finding Of Value Of Stolen Property As Part Of A Verdict (O.R.C. 2913.61) Charges In Ohio theft and fraud cases, a defendant will be charged based on value of the money or goods that are alleged to have been stolen. Read More

Criminal Defense Attorneys For Identity Fraud (O.R.C. 2913.49) In The Cleveland, Ohio Area

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Patituce & Associates Explains Identity Fraud (O.R.C. 2913.49) Charges Using another person’s identifying information, like their name, social security number, or driver’s license, in order to fraudulently hold yourself out as the other person, or pass that identifying information off as your own, is prosecuted in Cleveland under O.R.C. 2913.49, Identity Fraud. Read More

Discrimination Against Interstate Commerce vs. Double Taxation

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Michael Knoll and Ruth Mason, What Is Tax Discrimination?, 121 Yale L.J. 1014 (2012).Ryan Lirette and Alan D. Viard, State Taxation of Interstate Commerce and Income Flows: The Economics of Neutrality (American Enterprise Institute Economic Policy Working Paper 2014-07, 2014). Daniel Shaviro For good reasons on balance, the best academic work in tax (and other) law has moved far away in recent decades from focusing primarily on which answers to particular questions are legally correct. Not only have scholars wanted to pursue larger game than just the current, inevitably flawed, state of the law, but it is often hard to say what “legal correctness” means. Writing about policy, rather than just about legal correctness, not only broadens the menu of possible topics, but permits one to devise clearer criteria for assessing the merits of competing arguments. There is, however, a downside to thus broadening, diversifying, and deepening the menu of favored topics.…

The Command Jermaine McBean Never Heard

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Police reports made the killing of Jermaine McBean on Dixie Highway in Oakland Park, Florida, clean as a whistle.  Carrying a rifle as he walked down the street, a call to 911 brought police to the scene. Broward County Deputy Peter Peraza arrived and says he told McBean to drop the gun.  Peraza says McBean turned and pointed the rifle at him, so he killed him. A righteous shoot. Except for the damn photograph. After Florida police shot Jermaine McBean to death as he walked home with an unloaded air rifle, they said there was no reason to believe he did not hear their orders to drop the weapon and that he pointed it at them. But a newly emerged photo that shows headphones in McBean’s ears immediately after the 2013 shooting raises questions about the police version of events, including why the white earbuds were later found stuffed in the dead computer expert’s pocket. That the deputy might not have noticed the earbuds in McBean’s ears is one thing.…

FACDL AWARD WINNERS

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Herb Smith, retiring after a stellar career as an Assistant Public Defender won the Miami FACDL's lifetime achievement award. Well done Herb; well done indeed. Manny Alvarez won the Against All Odds award for his amazing defense of former FBI agent John Connolly. Perfect award for this case and Manny's work. Federal Judge Marcia Cooke won the Gerald Kogan Judicial Distinction Award. Love Gerald Kogan. A Miami guy who made it to the Florida Supreme Court and never forgot his roots. And of course who doesn't breathe a sigh of relief when their federal case ends up in Cooke's division? And  two PDs- one state and one federal won the Gregg Wenzel Young Lawyer's Award- Demaris De Valle from the state PDs office and Christy O'Connor from the feds.  Can't say that we know them….but what an honor to win an award named after Gregg Wenzel. Congrats all. Site Feed

The Other White Meat: Police Unions

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Public sector unionism was always conceptually flawed.  On the one hand, why should people who work for government be denied the same opportunity to collectively bargain as private sector employees? On the other, the incentives that justified private sector unions didn’t apply to the public sector, making the system untenable. Whoda thought? Me, actually. But then, my doubts as to the viability of public sector unionism barely scratched the surface of the problem when it came to police unions.  There was another, entirely separate, dynamic at play, and we’re paying for it now. In a New York Times op-ed, Jonathan Smith,  an associate dean of the law school at the University of the District of Columbia, and formerly a senior litigator in the civil rights division of the Department of Justice, explains what followed the 1960s Kerner Commission report on why minorities were rioting in the inner cities. The Fraternal Order of Police and other…

How even same-sex marriage becomes a prison story in incarceration nation

The Girlfriend, the Hacked Laptop and the 4th Amendment

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Aron Lichtenberger was charged with “possession, receipt, and distribution of child pornography” in violation of federal law and moved to suppress evidence.  U.S. v. Lichtenberger, 2015 WL 2386375 (U.S. Court of Appeals for the 6th Circuit 2015). The U.S. District Judge for the Northern District of Ohio to whom the case was assigned granted the motion and the government appealed. U.S. v. Lichtenberger, supra. The Court of Appeals began its opinion by explaining how the prosecution arose:On November 26, 2011, in the afternoon, Lichtenberger was with Karley Holmes, his girlfriend, at their shared home in Cridersville, Ohio. They lived there with Holmes's mother, who owned the residence. That day, two friends of Holmes's mother came over to the residence and told both Holmes and her mother that Lichtenberger had been previously convicted of child pornography offenses.One of the mother's friends then called the police. Several officers, including…

"The GOP should turn its attention to prosecutorial misconduct"

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